SECTION:
11-4-1: Purpose And Intent
11-4-2: Applicability
11-4-3: Landscaping Plan Submittal Requirements
11-4-4: Minimum Landscaping Standards
11-4-5: General Landscaping Requirements
11-4-6: Tree Retention
11-4-7: Maintenance
11-4-8: Performance Assurance
11-4-9: Administration
11-4-10: Nonconforming Status
A. The purpose of this chapter is to promote landscaping on private property to:
1. Maintain and improve community livability;
2. Mitigate possible adverse impacts of higher intensity land uses located adjacent to lower intensity land uses;
3. Mitigate or reduce the impacts of climate change;
4. Reduce the heat-island effect and provide adequate shade;
5. Foster quality of life;
6. Enhance the City’s natural environment;
7. Improve air quality;
8. Protect water quality by providing vegetated areas that minimize and filter stormwater runoff;
9. Promote sustainable landscape practices including the usage of water-conserving and non invasive native plants;
10. Provide wildlife habitat;
11. Enhance the aesthetic quality, and economic viability of the City; and
12. Preserve, protect, and provide planting of trees and other landscape material, particularly those trees recognized as canopy and understory trees which are integral to the City of Whitefish’s community character and protect public health, safety, and general welfare. (Ord. 23-08, 6-5-2023)
A. Unless otherwise noted, the provisions of this chapter apply to all districts and to all uses except single-family dwellings and duplexes.
1. While exempt from the enforcement of these landscaping requirement, single family and duplex uses are encouraged to apply general landscaping standards as written in this chapter.
2. Multifamily developments are additionally required to conform to the open space and common and private open space requirements of Section 11-3-42 “Multifamily Development Standards” of this title.
B. Landscaping requirements outlined in this section apply when any of the following occurs:
1. When new development occurs; or
2. When the footprint of any existing building or total area of parking lot is cumulatively expanded by twenty five percent (25%) or more; or
3. When a change of use is requested by the property owner that requires additional parking to be developed.
C. Required Landscape Areas. Landscaping must occur in buffer areas, along building frontages facing streets, residential areas and public spaces, interior parking areas, along the perimeter of parking lots, along street frontages, and to screen specific elements as indicated in this chapter. Buildings frontages where the buildings are developed at less than a five foot setback are exempt from this requirement but are encouraged to incorporate the methods of landscaping for properties with reduced or no street frontage setbacks in the general landscaping requirements of Section 11-4-4 D.
1. All areas of a site not covered by structures, courtyards, patios, driveways, parking areas, or other impervious surfaces must be landscaped or retain existing vegetation. (Ord. 23-08, 6-5-2023)
A. As applicable, a scaled landscape plan showing required landscaping must be submitted to the Zoning Administrator in electronic and paper format for review and approval as a part of the application for a building permit.
B. When a stormwater plan is required, it must match the approved landscape plan. Landscape plans must be submitted to Public Works with the engineering plans if above-ground stormwater facilities are included.
C. A landscape plan must be prepared by a licensed landscape architect or professional landscape company or installer. A landscape plan must at a minimum include the following:
1. Name and address and location of the project;
2. Scale (scale shall be at least 1:20 or larger for sites of 2 acres or less and at least 1:50 for sites greater than 2 acres in size);
3. Dimensioned locations, size, and species of existing and proposed trees and vegetation within required landscape areas, including public right-of-way, and indication of which trees will be protected, and which trees will be removed pursuant to the tree retention requirements per Section 11-4-6;
4. Property boundaries, significant existing physical features, playgrounds and equipment, easements, rights-of-way, vision clearance triangles, streets, sidewalks, paths, driveways, parking lots, areas to be paved or graveled, retaining walls, fences, detention ponds, drainageways or swales, areas affected by the 100 year floodplain, existing and proposed structures, building entrances, freestanding lights and signs, service or loading areas, open spaces, and recreational or resident amenities;
5. Existing and proposed contours and elevations;
6. The location, size and species of all qualifying trees or groups of trees. Qualifying trees will be identified by botanical/common names and applicable size (refer to Section 11-4-6 regarding “qualifying trees”);
7. Trees to be removed or altered in any way must be marked in the field and matched on the tree plan. Number of trees, species and caliper as measured four feet (4') dbh must be identified on the plan;
8. Identify the size, location, number of replacement plantings, the total caliper inches being removed of qualifying trees, and the total caliper inches being replaced;
9. If tree mitigation or replacement is not feasible, the plan or accompanying materials should demonstrate why mitigation or planting of some or all of the required replacement trees is impracticable;
10. The location and type of any irrigation systems (with water source noted) to maintain plantings unless exclusively drought tolerant species are used, and an acceptable watering plan is approved by the Planning Department;
11. Plant legend listing botanical and common names with size and quantity information;
12. The location of all existing and proposed underground utilities and any electric/communication facilities;
13. Description of the long-term proposed maintenance plan;
14. Description of how the proposed plan meets the requirement for water conserving design;
15. Plans for the removal and continued maintenance for removal of existing prohibited invasive species from the site;
16. Metal caging or breathable trunk protectors around trees for the first three (3) years after planting for protection from wildlife.
17. Estimated date of completion of the installation of plantings and finish materials;
18. The approved landscape and maintenance plans must not be changed or altered without review and approval by the zoning administrator. All landscaping shown on the approved plan must be installed and maintained;
19. Limits of disturbance must be reflected on the landscape plan and any engineering plans and must be delineated and permanently maintained throughout the project;
20. Photos of any existing trees/landscaping to be retained must be submitted with the landscaping plan;
21. Cost estimate of any elements of the landscaping plan that cannot be installed prior to certificate of occupancy due to season or weather that will need to be bonded for; and
22. A cost estimate for all labor and materials for any project requiring a maintenance bond. (Ord. 23-08, 6-5-2023)
A. The following landscape standards reflected in Table 11-4-3A-1 establish minimum landscape requirements that apply to any applicable development.
A. Minimum planting sizes at installation | |
Deciduous Trees | Two-inch (2") minimum caliper |
Evergreen Trees | Six feet (6') in height |
Shrubs | Two-gallon minimum size |
Ground Cover / Perennials | One-gallon pot minimum size or equivalent |
B. General Planting Standards | |
Minimum Planting Density | One (1) tree and five (5) shrubs for every five hundred (500) square feet of landscape area. Plantings may be installed in a linear, cluster, or other appropriate pattern. |
Minimum Width of Landscape Area | The minimum inside width of any required landscaped area, or of any form or fixed planter box used to satisfy required landscaping, must be three feet (3'). |
Ground Coverage Requirements | Remaining ground cover will consist of low shrubs, native seed, or other vegetative cover with no more than fifty percent (50%) of the remaining coverage being only turf, mulch or rock. |
Species Requirement | At least fifty percent (50%) of required plant species must be native to Montana or a cultivar of a native species. No more than fifty percent (50%) of the required landscaping may be the same species. |
Drought Tolerant Species Required Percentage | Fifty percent (50%) or greater of the proposed trees and shrubs must be drought tolerant species as defined in the latest edition of the Montana Nursery and Landscape Association’s Drought Tolerant Plants for the Montana Landscape or on a list adopted by the city of drought tolerant species for purposes of this section. |
C. Street Frontage Landscape Standards | |
Applicability | All private areas along street frontages not used for street pavement, curbs, gutters, parking, sidewalks or drive aisles must be landscaped as indicated in the general planting standards. Alleys are exempt from this requirement. This landscaping area may include amenities such as patios, courtyards, outdoor furniture and planter boxes. Landscaping in public rights-of-way is regulated per the City of Whitefish’s Engineering Standards (Refer to the Tree Protection and Planting Requirements of Chapter 1). |
When this requirement conflicts with other requirements of this chapter or other portion of the code, the more restrictive standard shall apply. | |
Minimum Width of Landscape Area | Ten feet (10'). |
All properties within the WB-2 zoning district with street frontage along Highway 93 South from E. 13th Street to Highway 40 must provide a landscaped thirty foot (30') wide street frontage. | |
Applicability | Applies to all uncovered parking lots of over five (5) parking spaces, including vehicle sales or service areas. |
Minimum Required Landscaping Percentage | Ten Percent (10%) of the total area of parking lot and drive aisles must be landscaped as measured around the perimeter of all parking spaces and maneuvering areas. Interior parking islands, parking lot perimeters and parking lot side building perimeter landscaping may be calculated in this percentage. |
Parking Lot Perimeter | A minimum five-foot (5') wide landscape strip must be provided along the perimeter of parking, loading, or other paved vehicular use areas, including drive aisles, vehicle sales areas, and vehicle storage areas. |
Two feet (2') must be added to the width of any required landscape area when curb stops are not used, and a car bumper hangs over the landscaped area. | |
Parking Lots Adjacent to Right of Way | A ten foot (10') wide landscape screen must be installed along any parking lot perimeter adjacent to right-of-way. The screen shall consist of planting materials and manmade features to create at minimum a three foot (3') high visual relief screen in the form of hedges, planter boxes, berms, dividers, shrubbery, or trees, or a combination of the above. |
Parking Lots Abutting Residential Use | |
Internal Landscape Island Standards: | |
Minimum Landscaping Required: | One landscape island must be installed per every ten (10) parking spaces and at the end of each parking row. |
Minimum Planting Density: | All landscape islands shall include at least one (1) shade tree with remaining ground being covered with low shrubs, native seed, or other vegetative cover with no more than fifty percent (50%) of the remaining coverage being only turf, mulch or rock. |
Minimum Dimensions: | Each island must be a minimum of one-hundred eighty (180) square feet and not less than nine feet (9') in width. All tree plantings must contain a root barrier around the perimeter of the planting area a minimum of thirty-six inches (36") in depth and which extends above the surface of the soil enough to prevent roots from growing over the top. Acceptable root barriers include any impermeable durable material that can withstand burial in soil for the life of the tree. |
E. Residential Buffer Standards | |
Applicability | Required along the entire property line of non-residential properties that abut a parcel used or zoned for entirely residential purposes, excluding mixed use 2 . Buffers should be designed to avoid the appearance of a straight line or “wall” of uniform plant material and must be wide enough to accommodate the planted species at maturation. Residential buffers are not required along property lines abutting a street or alley. |
Exemption: Buildings in the WB-3 classification are exempt from the residential buffer requirements but are encouraged to incorporate the landscaping for properties with reduced or no street frontage setbacks indicated in the general landscaping requirements in Section 11-4-4 D. when possible. | |
In situations where the required residential buffer width is partially or completely contained within an existing easement (e.g., power or natural gas transmission, etc.), the screening requirements of this section must be met outside the easement area. | |
Residential Buffer Planting Standards: | |
Minimum Width: | Ten feet (10'). |
Minimum Planting Density: | One (1) tree and five (5) shrubs for every thirty feet (30') of linear frontage. |
Minimum Height: | Must be planted to grow to at least five feet (5') in height, planted in a manner that best screens the proposed use. |
Composition: | The remaining ground must be covered with low shrubs, native seed, or other vegetative cover with no more than fifty percent (50%) of the remaining coverage being only turf, mulch, or rock. |
No less than seventy five percent (75%) of the total required plant materials must be evergreen. The residential buffer must achieve a fifty percent (50%) visual screen of at least 5 feet (5') in height at maturity. | |
An up to six foot (6') high closed masonry or wood wall, fence, or berm may be substituted for the shrub vegetation, but trees and ground cover are still required. | |
F. Screening Standards | |
Applicability | 1. Ground level mechanical equipment. |
2. Utility cabinets thirty (30) or more inches in height and located within twenty-five feet (25') of a street. | |
3. Materials, supplies, merchandise, vehicles, equipment, storage or shipping containers, trash receptacles or other similar matter not on display for direct sale, rental, or lease to the ultimate consumer or use. | |
Screening Method | Must be screened from view of streets and abutting residential uses and zoning districts by a dense hedge, berms, solid wall, solid fence or combination of such features. The hedge, fence, or wall must be tall enough to fully screen the equipment from neighboring parcels. (Ord. 23-08, 6-5-2023) |
Notes
1 | 1. Parking lots also need to meet the parking lot design standards found in Appendix A of this title. |
2 | 2. Unless otherwise required by the Zoning Administrator in order to observe the sight distance requirements contained in the development regulations. |
A. Water Conserving Design. Water conserving landscape designs and low water use plant materials are required and intended to discourage landscaping necessitating high water use for maintenance. Water conserving landscaping principles do not include or allow artificial turf or plants, landscape designs predominately consisting of mulch or gravel beds (including crushed rock, etc.), or areas without landscape plant material such as bare dirt or weed infested surfaces, or any landscaping that does not comply with the standards of this section. Water conserving landscaping principles include all of the following:
1. Grouping plants and trees with similar water and sunlight requirements together.
2. Limiting the application of turf to appropriate high-use areas with high visibility and functional needs.
3. Use of low water demanding plants and turf where suitable.
4. Use of automatic irrigation systems designed and operated to conserve water.
5. Incorporation of soil amendments, where appropriate.
6. Use of mulches.
7. Planting appropriate materials suited to the soil and climate.
B. Prohibited Species. The installation and maintenance of prohibited species, as indicated in the City of Whitefish Prohibited Species List on file in the Office of the City Clerk, are prohibited.
C. Landscape Design Techniques. Whenever possible, the following landscaping design techniques must be integrated into a project:
1. Existing trees, topography and other existing natural features should be retained and incorporated into a project;
2. Open areas created by building modulation should be landscaped;
3. Natural vegetation, existing grades and undisturbed open space must be preserved where possible;
4. Trees should be located on commercial frontages at appropriate spacing so at maturity building signage and entrance are clearly visible from the street and sidewalk;
5. On-site natural objects such as rocks, boulders and tree stumps should be incorporated into landscape design;
6. All landscaped areas must be graded to prevent erosion and facilitate healthy landscaping;
7. Trees and large shrubs must be located with consideration to utilities and other public improvements.
8. Firewise fuel management techniques and fire-resistant plants should be utilized.
D. Landscaping for properties with reduced or no street frontage setbacks: When possible, the additional design techniques for the WB-3 Zone and areas with limited undeveloped space should include, but not be limited to, the following:
1. Providing frameworks attached to buildings such as trellises or arbors for plants;
2. Incorporating planter guards, retaining walls, or low planter walls as part of the architecture;
3. Incorporating upper story planter boxes, “green roofs”, roof gardens or hanging plants;
4. Incorporating outdoor furniture into the site.
E. Trees, fencing and any other landscape materials in accordance with landscape plans must not cause sight distance problems with vehicles entering the adjoining street from driveways or nearby intersections (see clear vision triangle in Section 11-3-8).
F. Any open area between a fence or wall and the adjacent property line must be maintained by the property owner in a neat and orderly manner.
G. Where streams, wetlands, steep slopes, or other environmentally sensitive areas exist on a proposed development site, the landscape plan must be coordinated with measures for their protection and enhancement as required by the Water Quality Protection and Erosion and Sediment Control Provisions in Sections 11-3-29 and 11-3-33.
H. Vehicle sales lots are exempt from planting trees in the required internal landscape islands. (Ord. 23-08, 6-5-2023)
A. Applicability: The preferred method of landscaping is to first incorporate and preserve existing trees and shrubs, topography, and other natural features into the project design. Tree preservation and/or tree replacement is required to be addressed with landscape plans for all developments which are applicable pursuant to this chapter. Priority for tree preservation will be given to qualifying trees which provide beneficial shade, property or use buffering, visual prominence, or significant habitat. The applicant and/or developer shall make every effort to protect or retain any qualifying trees throughout a project.
B. Qualifying Trees: For the purpose of this section, a “qualifying tree” is an existing evergreen tree which is at least twelve inches (12") in caliper, deciduous tree which is at least six inches (6") in diameter, or any mature tree determined as significant by the Zoning Administrator. Diameter will be measured at four feet (4') from grade, also called diameter at breast height (dbh).
C. The City recognizes that tree removal is sometimes necessary to reasonably develop a site. Preservation of trees may be considered impractical when removal is required for defensible space for wildfire prevention, when tree retention or replacement would prevent development of streets, utilities, construction of civil facilities, needed community housing, to meet minimum standards as required by the City, or when it would prevent reasonable use of the property as permitted by the applicable zoning district. The term “prevent” in this standard means that the development cannot be designed to avoid removal or replacement of qualifying tree(s). An inability to achieve maximum permitted density or building envelopes by complying with this subsection is not in itself considered to prevent development.
1. When tree retention or replacement is considered impractical, the qualifying trees which cannot be retained or replaced should be indicated on the landscape plan with demonstration of why removal of qualifying trees is necessary and / or planting of some or all of the required replacement trees is impractical.
D. Tree Replacement Requirements: In the case a qualifying tree designated for retention on the landscape plan must be removed or dies, it must be replaced with trees totaling at least two times the caliper inches as was lost. Tree replacement requirements exist whether or not the lot is already meeting overall planting requirements.
E. Tree Credit. Each existing preserved qualifying tree will be credited as two trees toward satisfying landscape requirements (ex: if 10 trees are required along a street frontage and a qualifying tree is preserved only eight (8) trees are required to be planted). The total trees on a site cannot be reduced by more than fifty percent (50%) of any requirement. This reduction does not apply to internal parking island trees.
1. Only those trees determined to be viable and savable will receive tree credits. A tree(s) determined to be hazardous, diseased or severely injured by a certified arborist will not receive tree credits. Likewise, if it is determined that a large portion of the root system of a tree(s) will be disturbed or destroyed by grading, trenching etc. then no tree credits will be granted.
2. Should any tree designated on the landscape plan die or be removed at any time after approval of the plan or issuance of a certificate of occupancy, the owner must replace sufficient trees equal to the tree preservation credit within six (6) months.
F. Tree Protection Requirements: The following guidelines and standards apply to trees proposed to be preserved:
1. Tree Protection Zones:
a. The root system within the drip line is generally considered to be the critical root zone and must be protected. To protect these critical root zones, a tree protection zone must be established around each tree or group of trees to be retained.
b. The tree protection zones must include no less than the total area beneath the tree canopy as defined by the drip line of the tree or group of trees.
c. Natural grading around trees must be preserved within drip line to protect roots. Grade should not be increased or diminished around root collar.
d. Layout of the project site utility and grading plans and construction plans must avoid disturbance of the tree protection zone.
e. Construction site activities such as parking, materials storage, grading and excavation, concrete washout, etc., must be arranged so as to prevent disturbances within tree protection areas.
2. Protective Barriers:
a. Protective tree fencing must be installed between buffers and tree protection areas and areas proposed to be cleared, graded, or otherwise disturbed on the site, prior to any land disturbance.
b. All tree protection zones are recommended to be designated as such with “tree save area signs” posted in addition to the required protective fencing. Signs requesting subcontractor cooperation and compliance with tree protection standards are recommended for site entrances.
c. All tree protection zones must be protected from soil sedimentation intrusion through the use of silt screens or other acceptable measures placed up slope from the tree protection area.
d. All protective tree fencing and all erosion control barriers must be installed prior to and maintained throughout the land disturbing and construction process, and should not be removed until final landscaping is installed.
e. Encroachment: If encroachment into a tree protection zone occurs which causes irreparable damage to the trees, the tree preservation and/or replacement plan will be revised to compensate for the loss. Under no circumstances is the developer relieved of responsibility for compliance with the provisions of this section, nor will plan revision activities stop the department from instituting action for violation of this section.
G. Replacement Trees: Replacement trees shall comply with the following:
1. The spacing of replacement trees must be compatible with spatial site limitations and with responsible consideration towards species size when mature.
2. Trees selected for planting must be free from injury, pests, disease, nutritional disorders or root defects, and must be of good vigor, so as to assure a reasonable expectation of survivability. (Ord. 23-08, 6-5-2023)
A. General maintenance. The property owner is responsible for maintaining all plant materials and irrigation facilities within the approved landscaping plan in a neat and orderly condition for the life of the project. Any unhealthy or dead plants must be replaced in conformance with the landscaping plan and landscaped areas must remain free of invasive species. Maintenance includes, but is not limited to, proper pruning of trees and shrubs, mowing of lawns, noxious weed mitigation measures/weeding, removal of litter, fertilizing, replacement of plants when necessary, and the regular watering of all plantings. When required, landscaped areas will be provided with a permanent watering or sprinkling system consisting of piped water lines terminating in an appropriate number of sprinklers or hose bibs to ensure a sufficient amount of water for plants within the landscaped area. Where the water system consists of hose bibs alone, these bibs must be located not more than one hundred fifty feet (150') apart.
B. Maintenance Assurance. For multifamily, commercial, and industrial development, the Zoning Administrator will require a maintenance bond or letter of credit valid for a period of eighteen (18) months from time of approval of the landscaping plan to ensure compliance with this section. The value of the maintenance bond or letter of credit must be twenty percent (20%) of the total cost of materials and labor. The fee-in-lieu will be ten percent (10%) of the cost of materials and labor, as outlined in an approved landscaping plan. Duplexes are exempt from maintenance assurance requirements. (Ord. 23-08, 6-5-2023)
A. Required trees and landscaping must be installed prior to issuance of a certificate of occupancy or issuance of other necessary permitting prior to construction or development of the site. In the event it is not possible for landscaping to be completed at that time due to legitimate weather, supply issues, etc., the Zoning Administrator may accept a bond or letter of credit to ensure the installation of all required landscaping within six (6) months of project approval. Any such device for project assurance must be one hundred fifty percent (150%) of the cost of all required materials and labor, as shown in an itemized cost estimate, and in no situation will the total be less than two thousand dollars ($2000). (Ord. 23-08, 6-5-2023)
A. Authority: The Zoning Administrator has the authority and jurisdiction of regulating the planting and/or removal of landscape and trees required by this chapter.
B. Deviation from Landscaping Standards. The Zoning Administrator may approve exceptions to the regulations when all of the following are met:
1. The applicant can document that meeting the requirements would cause undue hardship due to pre-existing conditions on site, such as existing location of structures or vegetation.
2. The deviation from the standards meets the landscape requirements to the highest degree possible and is the minimum variation needed.
3. The applicant proposes an equal or better result than that which could be achieved by strictly following the requirements of this chapter.
C. Other measures to meet the purpose and intent of this Landscape Code may be proposed to substitute for the required landscaping, such as decorative fencing, walls, arbors, or trellises, with appropriate vegetation.
D. Enforcement: Unlawful removal of a qualifying tree designated in the tree preservation plan for retention will result in either a municipal infraction.
E. Appeal: Any person may make a written appeal from any ruling or order made by the Zoning Administrator to the Board of Adjustment, who shall make a final decision. (Ord. 23-08, 6-5-2023)
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