A. Major landscaping includes, but is not limited to, the construction and/or maintenance of any plant, mailbox, lighting structure or other solid object which due to its size and/or material, is rigid, hard or inflexible. Any object constructed of or composed of cement, concrete, stone, brick or stiff metal shall be considered major landscaping.
B. In the city council's sole discretion, major landscaping may be permitted upon public rights of way and public places so long as the following conditions are met:
1. A completed right of way encroachment permit application form is filed with the city clerk pursuant to section 7-4-6 of this chapter, which shall include a professionally licensed survey of the subject area showing the location of the subject property owner's property boundaries and those of adjacent city property, along with a description and location of the proposed major landscaping;
2. The applicant otherwise complies with all other applicable provisions of this chapter, including, but not limited to, the payment of any applicable fees;
3. The applicant signs, records in the records of the Kootenai County recorder and returns to the city clerk a copy of the letter of agreement, attached to the ordinance codified herein as exhibit A, at the time he/she/it submits the completed encroachment permit application form; and
4. The applicant submits with the completed encroachment permit application form a statement describing to the satisfaction of the city council why the encroachment is in and not detrimental to the public interest.
C. The city council shall consider right of way encroachment permit applications for major landscaping as administrative items at its next available regular meeting following submittal of the completed application, letter of agreement and public interest statement. The city council shall approve or disapprove such applications by a majority vote. (Ord. 212, 6-6-2006)