Crestwood, MO Zoning Ordinance

To promote biodiversity of the City's tree canopy, monoculture plantings should be avoided.

For a project area or landscape plan submittal where more than ten (10) trees are required, one (1) species may be no greater than thirty percent (30%) of the tree total unless otherwise approved by the City. Native tree species are preferred for selection.

When landscape is to be planted to meet the requirements of this Chapter, at least twenty-five percent (25%) of the landscape must be comprised of native plant species or cultivars of native plant species.

Alternative Compliance. Alternative species, cultivars, and varieties not included on the City's acceptable tree lists may be proposed if it can be demonstrated to the Director of Public Works that the intent of this Section can be met. Proposed alternative shall be submitted to the Director of Public Works for his/her review and approval if deemed appropriate.

Invasive Species. Invasive species as noted in Missouri Department of Conservation shall not be planted or cultivated. Invasive species, if present on site, must be contained within the site.

Plant Materials. Furnish nursery-grown plants complying with ANSI Z60.1 American Standards for Nursery Stock; and with healthy root systems developed by transplanting or root pruning. Plants should be well-shaped, fully branched, healthy, vigorous stock, densely foliated when in leaf, and free of disease, pests, eggs, larvae, and defects such as knots, sun scald, injuries, abrasions, and disfigurement.

Planting Size. Plants used for landscaping should be of sizes, grades, and ball or container sizes complying with ANSI Z60.1 American Standards for Nursery Stock. The following indicates required minimum sizes for various plant categories:

Ornamental tree plantings shall be at least two (2) to two and one half (2.5) inch caliper.

Canopy tree plantings shall be two and one half (2.5) inch caliper, or greater.

Evergreen tree plantings shall be at least six (6) feet in height.

Deciduous and evergreen shrub plantings shall be a five-gallon container, or larger.

Perennial and mass ornamental grass plantings will be at least a one-gallon container.

Native plug plantings may be used as part of required landscape, with approval from the Director of Public Works or his/her agent.

Planting Seasons. Recommended planting time for perennials is early April. Trees and Shrubs should be planted in early November or in late March through April.

Planting Soil Conditions. Soil for backfilling planting areas and plant pits shall be the existing topsoil, free from subsoil, objectionable weeds, litter, sods, stiff clay, stones, stumps, roots, trash, toxic substances, mortar, cement, limerock, asphalt, or any other material that may be harmful to plant growth or hinder planting operations. Poorly drained soil shall not be used. It is encouraged to test planting area soils by a qualified soils laboratory. Fertilizer and compost shall be used as recommended by ANSI Z60.1 American Standards for Nursery Stock to achieve the correct rates of nitrogen, phosphorous, and potassium and organic matter as determined by results of soil tests.

Mulching. All landscaped areas shall be covered with a suitable organic or mineral mulch material where not otherwise planted with established groundcover or turf.

Digging In Street Rights-Of-Way Or Easements. It shall be the responsibility of the person planning to install plant materials, within a street right-of-way or a utility easement, to obtain a permit from the City if required by this Code, and to notify any utility company or public agency having any underground utilities within such right-of-way or easement. This notification shall take place prior to any digging and all work shall be in accordance with any rules and regulations as provided for by City ordinance or State law or by regulations of the utility companies or public agency.

Landscape Design Standards.

Landscape Points System.

A point system is used for the measuring of proposed landscape designs submitted to the City for various required plan review processes. The landscape points indicated on the plan shall be used to ensure compliance with various landscape design requirements prescribed herein. Required and provided landscape points calculations shall be clearly shown on the plan submittals for City review.

Landscape Points Chart. The following chart shall be used to determine points available for each planting type.

LANDSCAPE POINTS CHART
Plant Category	Plant Characteristics	Points Per Plant
Large Canopy Tree	Deciduous tree with a mature size approximately 50 feet or more in height and spread. Typically broad, rounded, or ovate in habit.	30
Medium Canopy Tree	Deciduous tree with a mature size approximately between 25 and 50 feet in height and spread. Typically broad, rounded, or ovate in habit.	20
Understory/Ornamental Tree	Deciduous tree with a mature size approximately 25 feet or less in height and spread. Ornamental trees have unique features such as attractive flowers, bark, or foliage. Habit varies.	10
Large Evergreen Tree	Evergreen tree with a mature size approximately 50 feet or more in height. Typically upright or pyramidal in habit.	30
Medium Evergreen Tree	Evergreen tree with a mature size approximately between 20 and 50 feet or more in height. Typically upright or pyramidal in habit.	20
Small Evergreen Tree	Evergreen tree with a mature size approximately less than 20 in height. Typically upright, fastigate, or pyramidal in habit.	10
Large Deciduous Shrub	Deciduous shrub with an approximate mature size greater than eight (8) feet in height. Typically rounded or spreading in habit.	5
Deciduous Shrub	Deciduous shrub with an approximate mature size less than eight (8) feet in height. Typically rounded or spreading in habit.	3
Large Evergreen Shrub	Deciduous shrub with an approximate mature size greater than 5 feet in height. Typically spreading in habit.	5
Evergreen Shrub	Deciduous shrub with an approximate mature size less than 5 feet in height. Typically spreading in habit.	3
Perennials/Groundcover*	Herbaceous perennials, ornamental grasses, and low profile/creeping evergreens. Height, habit, and seasonal characteristics varies.	1 pt per 10 square feet of area covered*

Note: Turfgrass areas do not contribute to landscape point requirements.
*	Perennials/groundcover plantings shall be spaced such that 100% coverage is achieved at plant maturity for areas calculated and contributing to plantings requirements.

General Landscape Requirements.

Any part of the lot area not used for buildings, other structures, or for parking, loading, access ways, and other pavement areas shall be landscaped and maintained with turf, ground cover, trees, shrubs, or native planting areas.

Irrigation Requirements.

All required landscape on parcels with a commercial, industrial, and/or multi-family residential land use type must be automatically irrigated to properly establish and maintain the selected plant material with a minimum of overspray and without significant potential for causing erosion. Water-efficient irrigation components such as drip irrigation and weather sensors are encouraged to be used.

Automatic irrigation systems are recommended although not required for single-family and two-family properties. It is the responsibility of the property owner to ensure that irrigation is provided to properly establish and maintain required landscape.

Irrigation systems should be properly winterized prior to winter months to prevent freezing. It shall be the property owner's responsibility to properly prepare irrigation lines for months during which freezing may occur and perform testing of backflow equipment as required.

Backflow equipment shall be located and/or screened in a manner that limits visibility of equipment from view of general public. Backflow equipment installed in areas with potential access by the general public should be installed in a lockable cage to prevent damage, theft, and vandalism.

The design standards for water discharge management contained in Section 26-44(N)(4) of this Code shall be applicable.

Landscape Plantings Within Or Near Street Right-Of-Way.

Layout And Clearance Requirements.

Sight Distance Triangle And Clearance.

Sight-Distance Triangle On Private Property. Site-distance triangles shall be maintained in accordance with Section 26-5, Defined Terms, and nothing shall be erected, placed, planted, or allowed to grow between a height of two (2) feet and ten (10) feet above the grades at the back of the curb (or edge of pavement where no curb exists) of the intersecting streets. The sight-distance triangle may be increased, when deemed necessary for traffic safety, by the Director of Public Services or his/her designated representative.

Sight-Distance Clearance Within Right-Of-Way. No tree or other landscape plantings exceeding two (2) feet in height at maturity shall be planted in public rights-of-way closer than thirty (30) feet of any street corner, measured from the point of intersecting curbs or edge of pavement. The point of intersection is where the projection of a straight line along such curb or edge of pavement of each street intersects with each other.

Typical Street Tree Placement Requirements.

Tree Lawns And Tree Pits.

Minimum Tree Lawn Width Requirements. In no event shall a tree be planted where the clear space between the curb and a sidewalk is less than six (6) feet, except where authorized by the Director of Public Works or his/her designated representative.

All street trees shall be placed midway between the curb, or edge of pavement, and sidewalk wherever practical.

Intent diagram. Reference diagram below for design intent for street trees planted within tree lawns.

(iv)

Alternative Compliance. In instances where less than six (6) feet of space between the curb and sidewalk is provided, medium and ornamental trees may be planted if measures are taken to ensure the tree can grow to maturity and be healthy. These measures include but are not limited to use of Structural Soil, Modular Suspended Pavement Systems (Soil Cells), and Root Directors. The Director of Public Services or his/her designated representative have sole discretion over the approval of alternative compliance measures.

Streets Without Sidewalks Or Where The Existing Tree Lawn Is Too Narrow For Tree Plantings. On parcels of land where no sidewalk exists or the existing tree lawn is too narrow for tree plantings, the required street trees shall be planted using alternative compliance methods in the tree lawn or in an area not more than twenty (20) feet nor less than sixteen (16) feet from the back of the curb or the edge of street pavement. Street trees planted between sixteen (16) and twenty (20) feet from the back of the curb or the edge of street pavement shall be large canopy species.

Intent Diagram. Reference diagram below for design intent for street trees planted outside tree lawns.

26-Street Tree Plant without Tree Lawn.tif

Setback From Utility Lines And Structures. Trees shall be planted a minimum ten (10) feet from underground utilities and at-grade utility structures.

Interference With Overhead Utility Wires. Planting of canopy trees should be avoided in instances where canopy trees of either medium or large size are likely to cause interference with overhead utility wires. In these instances, understory trees may be acceptable for planting as determined by the Director of Public Works or his/her designated representative.

Easements. Planting of trees within easements should be avoided where possible. Planting within easements must be approved by owner of said easement.

(f)

Planting Near Fire Hydrants. No shrubs or trees shall be located within ten (10) feet of a fire hydrant.

Street Tree Planting Requirements.

Residential Street Frontage: Fifty (50) points per one hundred (100) lineal feet of lot frontage.

Non-Residential Street Frontage: Thirty (30) points per one hundred (100) lineal feet of lot frontage.

WRO Street Frontage: Forty (40) points per one hundred (100) lineal feet of lot frontage.

Large and medium sized canopy trees selected from the City's Acceptable Tree Species Lists shall be used for street tree plantings. Understory street tree plantings may be used with approval from the Director of Public Works, provided that the use of medium or large canopy trees is not feasible due to existing conditions (i.e., utilities & space limitations).

Minimum Street Tree Spacing Between Trees.

Large canopy trees: Thirty (30) feet on center.

Medium canopy trees: Twenty (20) feet on center.

Understory canopy trees: Twenty (20) feet on center.

Street trees shall be evenly distributed across the length of the property's street frontage.

Landscape Buffer Requirements.

[Ord. No. 5361, 5-23-2023]

Landscape buffers are required to provide a transition between lots with differing types of land uses. Multiple options have been provided herein to allow developers and designers a degree of flexibility in the design of the landscape buffers. Diagrams have been provided for each option to help illustrate intent.

The landscape buffers shall be composed of a mixture of plant materials, earthen berms, and fencing as required for each buffer type. Please note, while the requirements presented for each buffer option provide some flexibility in the layout of the composition of material, the buffer must be designed in a way that creates a uniform opacity for the entire extent of the buffer.

Where fencing is required as part of the landscape buffer, the fencing shall be provided in accordance with the requirements of Section 26-22 (Site and Landscape Design Standards, Fencing) of this Chapter.

The height of required buffering fencing may be reduced if used in conjunction with a berm whose height in combination with the fence will achieve the standard specified herein. The berm shall not exceed a slope of thirty percent (30%) and shall be completely covered with shrubs, grass, or other living ground cover, in addition to the plant material specified herein.

Landscape buffers where required shall be free of buildings, driveways, parking areas, and service areas. Pedestrian walkways may be provided within required landscape buffers if planting requirements and fencing requirements can be met.

Landscape Buffer Chart. The chart below shall determine which minimum landscape buffering requirements are requirements for each land use proposed adjacency.

		Adjacent Property Land Use
Proposed Land Use		Industrial	Commercial/Non-Residential	Civic/Institutional	Multi-Family Residential	Detached house or Duplex
	Industrial	Not Required	Buffer Type B	Buffer Type A	Buffer Type A	Buffer Type A
	Commercial	Not Required	Not Required	Buffer Type B	Buffer Type C	Buffer Type B
	Civic/Institutional	Not Required	Not Required	Not Required	Buffer Type C	Buffer Type B
	Multi-Family Residential	Buffer Type B	Not Required	Buffer Type B	Buffer Type C	Buffer Type B
	Detached house or Duplex	Not Required¹	Not Required¹	Not Required¹	Not Required	Not Required

¹ New subdivisions of four (4) or more detached houses or duplexes shall be required to provide Buffer Type B, described below, where adjacent to an industrial, commercial, or civic/institutional use.

Buffer Type ST described below shall be provided and maintained within the required thirty (30) foot front yard and shall separate the off-street parking and drive areas from any public or private street.

Buffer Types.

Buffer Type A.

Minimum landscape area width: Fifty (50) foot minimum width.

Sight-proof fencing required: Yes.

Landscape points required. Three hundred (300) points per one hundred (100) linear feet of landscape buffer. Each one hundred (100) linear feet of landscape buffer must meet the following:

One-hundred eighty (180) points minimum must be provided by evergreen trees of medium size or larger.

Ninety (90) points minimum must be provided by canopy trees of medium size or larger.

Shrub and groundcover plantings, while encouraged, shall not contribute to point totals for this buffer.

Buffer Type B.

Minimum landscape area width: Twenty-five (25) foot minimum width.

Sight-proof fencing required: Yes.

Planting points required. Two hundred thirty (230) points per one hundred (100) linear feet of landscape buffer. Each one hundred (100) linear feet of landscape buffer must meet the following:

One hundred forty (140) points minimum must be provided by evergreen trees of medium size or larger.

Sixty (60) points minimum must be provided by canopy trees of medium size or larger.

Shrub and groundcover plantings, while encouraged, shall not contribute to point totals for this buffer.

Buffer Type C.

Minimum landscape area Width: Twenty-five (25) foot minimum width.

Sight-proof fencing required: No.

Planting points required. Two hundred twenty (220) points per one hundred (100) linear feet of landscape buffer.

One hundred twenty (120) points minimum must be provided by evergreen trees of medium size or larger.

Sixty (60) points minimum must be provided by canopy trees of medium size or larger.

Shrub and groundcover plantings, while encouraged, shall not contribute to point totals for this buffer.

Buffer Type ST (buffer between off-street parking and street)

Minimum landscape area width: Ten (10) foot minimum width.

Sight-proof fencing required: No.

Planting points required. One hundred ten (110) points per one hundred (100) linear feet of landscape buffer.

Plantings shall include a combination of deciduous shrub, evergreen shrubs, and groundcover plantings to achieve an overall average buffer height no less than thirty (30) inches and no taller than forty-eight (48) inches.

Seventy-five (75) points minimum shall be provided by evergreen shrub plantings.

Exceptions For Severe Slopes. In instances where the slope of terrain negates the effectiveness of the required buffer yard, exceptions to the required buffer yard may be made with the approval of the Planning Commission.

Intent Diagrams. Reference diagrams on the following pages for design intent examples for planting and fencing layout for various buffer types.

Off-Street Parking Landscape Requirements.

Interior Landscape. Interior landscape space and tree plantings shall be provided for non-structure off-street parking as described herein. Total off-street parking area shall be calculated to include all paved parking spaces, loading areas, and drive aisles. Interior landscaping shall be provided within off-street parking areas as follows:

Minimum Area Required. Seven and one half percent (7.5%) of interior parking lot area shall be dedicated to green space.

Interior parking bays rows that contain ten (10) or more contiguous parking stalls shall be capped on both ends by a landscape island and interior parking rows that contain fifteen (15) or more parking stalls shall also include at least one (1) landscape island every one hundred (100) linear feet within the row.

[Ord. No. 5361, 5-23-2023]

Landscape islands or peninsulas with tree plantings shall be at least nine (9) feet wide measured face to face of curb, have a minimum of two hundred (200) square feet of pervious area per each tree, and provide suitable planting soil to a minimum depth of twenty-four (24) inches.

Landscape islands or peninsulas without tree plantings shall be at least six (6) feet wide measured face to face of curb.

Landscape island areas shall be protected from vehicular encroachment by non-mountable, reinforced concrete curbing of a type specified by the Director of Public Works except where planting beds are recessed and intended to function as rain gardens [also refer to Subsection B.5.a.(8), Interior Landscape Bioretention]. The use of unreinforced extruded curbing of asphalt or other materials is prohibited.

In instances where vehicle parking occurs perpendicular or parallel to parking islands landscape plantings, other than low profile ground cover (grass, ivy, creeping juniper, wood mulch, or similar materials), shall be maintained twelve (12) inches clear of the back of the curb.

(7)

No landscape hedge, bushes, shrubs, or other low-growing plant material, wall or berm shall exceed two (2) feet in height within ninety (90) feet of any driveway opening.

(8)

Interior Landscape Bioretention:

It is encouraged that interior landscape space placed between parking aisles, at the end of drive aisles, or around the perimeter of a parking lot function as bioretention areas.

Interior landscape functioning as bioretention shall have notched curbs to allow sufficient storm water passage while also preventing vehicular encroachment.

Bioretention areas shall be planted with native plants or deep-rooted non-native perennial plants that are adapted to bioretention growing conditions.

Appropriate bioretention soils and subdrainage shall be provided within bioretention areas to ensure proper function and to prevent ponding of water for extended periods.

Property owner shall be responsible for regular maintenance of bioretention areas to ensure they remain functional with viable plants that have adapted to the bioretention growing conditions, and are free of debris, weeds, and accumulation of gravel that reduce the effectiveness of the bioretention area.

(9)

Point Requirements. Interior landscape space within off-street parking areas shall be planted with understory plantings of shrubs, groundcover, or turf as prescribed below:

Residential districts: One hundred (100) points per one thousand (1,000) square feet of green space.

Non-residential districts: One hundred twenty (120) points per one thousand (1,000) square feet of green space.

Watson road overlay area: One hundred twenty (140) points per one thousand (1,000) square feet of green space.

Note, parking lot trees required shall be provided in addition to interior landscape plantings and shall not be included in point calculations.

Parking Lot Tree Requirements. Tree plantings shall be incorporated within off-street parking areas to provide shade on vehicular use areas, as follows:

No parking stall shall be more than fifty (50) feet away from a medium or large canopy tree. This may include trees planted within the perimeter or interior landscape of the parking/vehicular use area, adjacent street trees, or adjacent buffer or open space trees.

Open Space Tree Plantings.

Description. Open space trees shall be planted, or acceptable existing trees shall be preserved in open spaces to promote healthy tree canopy within the City. Open lot area will be considered the lot area not covered with buildings or structures and shall be used to calculate open space tree planting requirements at the ratios noted below:

Point Requirements.

Residential districts: Thirty (30) points per every ten thousand (10,000) square feet of open lot area.

Non-residential districts: Twenty (20) points per every ten thousand (10,000) square feet of open lot area.

Watson road overlay area: Thirty (30) points per every ten thousand (10,000) square feet of open lot area.

Points calculated to satisfy open space tree requirements must be canopy trees or large evergreen trees.

Trees used for parking lots/vehicular use areas, trees for landscape buffers, or street trees planted on private property can be counted towards open space tree requirements.

Existing trees saved, meeting minimum size, of acceptable species, and in good health may be counted toward open space tree totals.

Large open sports/play fields or native meadow plantings areas may be excluded from the calculation with approval from the Director of Public Services or his/her designee.

Foundation Planting Requirement.

Description. Building foundation landscaping is required on all properties within the Watson Road Overlay Area. Foundation landscaping shall be planted with a combination of shrubs, ornamental trees, and groundcover to accent architectural features and visually soften expanses of building walls, particularly those lacking windows.

Foundation landscaping shall be placed along the entire length of building facades facing rights-of-way and/or off-street parking areas, with the exception of areas where walkways and/or driveway crossings are located.

Layout and selection of foundation plantings shall be designed to be compatible with architectural materials, form of buildings, and care should be taken to prevent blocking views and light passage into building windows.

The minimum width of landscape area provided along building foundations shall be six (6) feet.

Point Requirements. One hundred (100) points per one hundred (100) linear feet of building facade.

Intent Diagrams. Reference diagram on the following page for design intent examples for foundation planting.

Screening. At commercial, industrial, multi-family, and civic/institutional uses, the following elements shall be screened as described below.

[Ord. No. 5361, 5-23-2023]

Ground-Mounted Equipment And Storage. Where adjacent to non-industrial uses, all mechanical equipment and storage of materials and equipment shall be within a fully enclosed building or in a side or rear yard so screened by berms, dense vegetative plantings, fences, walls, or combinations of these materials at least eight (8) feet in height so that such materials and equipment are not visible at six (6) feet above the grade of the adjacent street(s) and adjoining property lines.

Trash Containers. Outside rubbish, garbage, and dumpster containers shall be permanently screened from view from all four (4) sides by an enclosure with masonry walls and a workable privacy gate or door of durable solid metal, vinyl, or wood. Enclosure walls shall have a minimum height of six (6) feet and a maximum height of eight (8) feet. Enclosures shall not be located in a front yard and shall be located a minimum of one hundred twenty-five (125) feet from front lot lines. Materials other than masonry may be permitted upon approval by the Planning, Zoning and Architectural Review Commission. Enclosures shall be comprised of a color and composition compatible with that of the main structure of the premises.

Loading Areas. Loading and service areas shall be screened with sight-proof fences, walls, or dense vegetative plantings or a combination of these materials at least eight (8) feet in height where adjacent to residential areas. In all instances, views into loading and service areas from the adjacent right of way shall be minimized by site placement and/or means of screening.

Ground-mounted equipment, storage, trash containers, and loading areas shall not be located in a required landscape buffer.

Non-Conforming Conditions.

Existing Parcels Before Adoption Of This Code. Existing parcels with previously approved landscape plans and required landscape shall be maintained as previously required and shall be required to be brought in compliance with the requirements of this code during the next subsequent required landscape plan submittal or upon any of the circumstances described in Section 26-20(C) of this Chapter.

Landscape plans approved after the adoption of this Code. All landscaping required and approved as part of a landscape plan submittal after the adoption of this Code shall be provided and maintained as described herein.

Maintenance Standards.

Maintenance Responsibility. The owner of land shall be responsible for the maintenance of all landscape plantings located on his/her land and within the right-of-way to which the land abuts, except for trees planted by the City within a public right-of-way. Trees planted by the City and located within public rights-of-way shall be managed by the City. All required landscape plantings shall be maintained in a healthy and neat condition.

Maintenance And Replacement Of Required Landscape. All required landscape plantings must be maintained in a clean and healthy condition and all dead plants must be removed within thirty (30) days and replaced within sixty (60) days of removal, weather and planting season permitting, with plants of equivalent size. Maintenance must include adequate watering, pruning, mowing, and removal of litter on private property as well as area between property line and back of curb or edge of pavement. Refer to Section 26-21.5 for requirements pertaining to the removal and replacement of trees.

Vertical Clearance Requirements. To ensure the safe and unimpeded progress of emergency and street maintenance vehicles, all trees, plants, and shrubs that are within or adjacent to and overhanging any street, highway, road or thoroughfare shall be maintained to have the following vertical clearances (when fully leafed):

A minimum height of fourteen (14) feet above the center line of the street, highway, road, or thoroughfare; and

A minimum height of fourteen (14) feet above the curb, or edge of pavement (when no curbing is present), of the street, highway, road, or thoroughfare.

Removal Or Pruning Of Landscape Plantings Representing Hazards Or Obstructions.

Diseased Or Damaged Trees. Any dead or diseased tree, on private property or within public rights-of-way, which constitutes a hazard to life or property; is diseased or infested with destructive insects or fungi; or is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements shall be removed.

Obstructions. It shall be the responsibility of the property owner to remove any trees, shrubs, or parts thereof, which are planted on their property and which overhang or interfere with traffic control devices, streetlighting, public sidewalks, rights-of-way, or property owned by the City.

All trees, shrubs, and plants planted adjacent to walkways shall be maintained to provide an accessible pathway with vegetation pruned a minimum eight (8) feet above walkway surface.

Removal Or Pruning Order. The Director of Public Works, or the Director's designated representative, shall have the authority to order the pruning or removal of any invasive species, tree or part thereof on private property or within a public right-of-way, which is in violation of the regulations and standards contained in this division.

Procedures Upon Order To Prune Or Remove.

Written Order. When the Director of Public Works, or the Director's designated representative, finds it necessary to order the pruning or removal of trees or plants upon private property, as provided for herein, then he/she shall serve a written order upon the property owner to correct the condition creating danger, hazard, or obstruction. The order required herein shall be served by at least one (1) of the following methods:

By personal delivery of the order to the property owner of record;

By mailing a copy of the order to the address of the owner of the property based on the most recent address on file in the office of the county assessor;

If the property owner cannot be located for service by the means specified in Subsection D.4.a and b above, then a copy of the order shall be posted on the property.

Time Limit For Compliance. The order required herein shall set forth a time limit for complying with such order, which shall not be earlier than seven (7) days from the date of the order, except as provided for herein. Upon discovery of hazardous conditions which present extreme danger to persons or property, the Director of Public Services, or the Director's designated representative, shall have the authority to require forthwith compliance immediately upon service of the order.

Failure To Comply With Order. When a property owner to whom an order is directed fails to comply within the specified period of time, the Director of Public Works, or the Director's designated representative, shall remedy the condition or contract with others for such purpose and charge the cost thereof to the person or party.

Immediate Action By City. When, in the opinion of the Director of Public Services or the Director's designated representative, there is an actual and imminent danger from a damaged or diseased tree which would endanger life, or when any tree, or any part thereof, has fallen and life is endangered, the Director of Public Works or the Director's designated representative is authorized and empowered to take whatever action as may be necessary to render the tree or part thereof temporarily safe, whether or not the notice procedure as previously described in this Section has been instituted.

Special Assessment. The costs incurred in the performance of any procedure required as a result of conditions as outlined above shall be billed to the owner of the real property where such work is performed. If such bill is not paid within thirty (30) days after forwarding a statement therefor by the Director of Public Works, or the Director's authorized representative, the costs shall be levied against the property, upon which such work was performed, as a special assessment. The levying of the assessment herein shall not affect the liability of the persons or parties where such work was performed. Such special assessment shall be certified by the Director of Public Services to the City Clerk and shall thereupon become and be a lien upon the property and shall be included in the next tax bill rendered to the owner thereof unless paid before and shall be collected in the same manner as other taxes against the property.

Stump Removal. The stumps of all removed trees shall be ground out to at least three (3) inches below the ground level, the chips removed, the soil cavity filled with soil, and the area leveled. If the area where the tree is removed is to be paved, the top of the stump shall be ground out to at least six (6) inches below the ground level.

Pruning.

All pruning should be accomplished according to standard horticultural practices.

Trees may be periodically pruned or thinned in order to reduce the leaf mass and thus increase visibility to the site and/or minimize damage from storms. Trees severely damaged by storms or other causes, or trees under utility wires or other obstructions where standard horticultural pruning practices are impractical, may be exempted from this prohibition at the determination of the Director of Public Works.

Mowing. Turf grass shall be limited to a height below the height designated as a public nuisance in the City Code.

Interference. It shall be unlawful to delay, or in any manner interfere with, the Director of Public Works, or the Director's designated representative, in planting, pruning, spraying or removing any tree, shrub, vine, or other plant in any public street, boulevard, alley, park, or other public place, or in the removal of any stone, cement or other material from about the trunk thereof; to interfere with or delay the Director of Public Works, or the Director's designated representative, in the removal of dangerous or diseased trees on private property as provided for herein; or to interfere with the Director of Public Services, or the Director's designated representative, in the discharge of duties provided for in this Division.

Landscape Maintenance Surety.

Landscape Installation Bond. When the estimated material's costs for new landscaping shown in a landscape plan exceeds one thousand ($1,000) as determined by a plant nursery, the applicant shall furnish a two-year surety (bond or escrow) sufficient in amount to guarantee the installation of said landscaping with an executed landscape agreement.

After installation of landscaping is completed, a request for approval of work shall be submitted in writing to the Director of Public Works. The property will be inspected by the City of Crestwood and, upon approval, written notification will be provided that a twenty-four (24) month maintenance period has begun. Subsequently, after twenty-four (24) months, a follow-up inspection shall be conducted by the City of Crestwood to ensure landscape has been maintained and has matured appropriately. Upon approval of maintenance, written notification to release the landscape bond will be provided.

A landscape bond submittal shall include the following:

Two (2) copies of the landscape bond with original signatures and seals.

Two (2) copies of the approved Landscape Installation Bid with original signatures and seals.

One (1) original Acknowledged Power of Attorney statements of the surety.

One (1) original notary acknowledgement of the attorney's signature (attorney-in-fact).

Landscape Bonds are approved by the Director of Public Works or the Director's designee. Landscape Bonds are distributed to the Surety Holder, the Developer, and appropriate Division files.

Modifications.

The Planning Commission may grant a modification to the above standards and may attach conditions as it deems necessary to comply with the purpose and intent of this Section, or may deny the request.

Any landscape plan submitted to and denied by the Planning Commission may be appealed and a modification request may be made within thirty (30) days of the receipt of a notice of denial.

Appeals and requests for modifications shall be sent to the Planning Commission specifying the grounds for appeal, including, but not limited to, demonstration of undue hardship. The Planning Commission shall transmit the appeal and variance request to the Board of Aldermen.

The Board of Aldermen will review the appeal and provide a decision on the modification request.

[1]

Editor's Note: Ord. No. 5174 also changed the title of this Section from "Landscape design standards" to "Landscape standards."

§ 26-21.5 Tree Preservation And Replacement Standards.

[R.O. 1985 § 26-21.5; Added 8-24-2021 by Ord. No. 5174]

Purpose.

The purpose of this Section is to encourage the preservation of desirable trees, woodlands, and natural features. The intent of the preservation of existing tree resources within the community is to:

Preserve and improve visual landscape character and aesthetics;

Promote filtering of air pollutants, oxygen regeneration, ground water recharge, reduce stormwater runoff, improve water quality, stabilize soil, attract wildlife, and prevent erosion;

Reduce the effects of urban heat island;

Protect tree plantings that provide functional traffic calming benefits; and

Protect property values.

Applicability. Except where specifically exempt in this Section, requirements stated herein are applicable to all existing private and public properties, public rights-of-way, all vacant and undeveloped land, properties proposed for subdivision, properties applying for conditional use permit, properties applying for site plan review, properties applying for building permits, and all properties to be redeveloped, including additions and alterations.

Plan Submission Requirements For Tree Preservation.

Tree Preservation Plans (hereinafter "TPP") approved by the Director of Public Services shall be required on all new construction, demolition, excavation, and site redevelopment requiring permits from the Department of Public Services.

TPP are not required for single-family construction activities when the gross area of an addition to an existing building, accessory structure, parking lot, or outside storage yard is less than one thousand (1,000) square feet or increases site coverage by less than ten percent (10%), whichever is greater.

TPP submitted to the City for review shall have a scale of one (1) inch = fifty (50) feet or larger, be on standard size drawing sheets no larger than 36" x 48", and contain the following information:

Drawing scale and drawing orientation (North arrow).

Property lines, easements, rights-of-way (including dimensions).

Existing and proposed contours at five (5) feet intervals or less.

Limits of disturbance and clearing limits.

Location and dimensions of existing and proposed buildings, parking/vehicular use areas, paved surfaces, walls, fences, lights, and other site features.

Size and location of existing and proposed public and private utilities.

Location, size, and species of existing trees to remain on site.

Location, size, and species of existing trees to be removed from site.

Photographs of trees to be removed.

Layout and details of tree protection measures as identified and required by this Section herein (i.e., tree protection fencing, root pruning, tree protection mats, silt fencing).

Name, address, and phone number of the property owner.

Name, address, and phone number of the Professional Landscape Architect or Certified Arborist responsible for the production of drawings.

TPP submitted for all properties except those with a primary existing and future use of individual single-family or two-family residential shall be prepared, signed, and sealed by a Missouri Landscape Architect, Urban Forester, or Certified Arborist.

TPP submitted for properties with an existing and future use of individual single-family or two-family are not required to be sealed by a Missouri Landscape Architect, Urban Forester, or a Certified Arborist.

Protected Tree Classification. The following trees shall be classified as protected trees.

Any tree located within public rights-of-way or public property (i.e., Parks). Removal of existing trees located in public rights-of-way not under City of Crestwood jurisdiction (i.e., MoDOT) may require additional review and approval or other requirements in addition to that required by this Section.

Any tree previously installed, preserved, and/or maintained as part of a submittal process with the City to satisfy landscape code requirements (i.e., buffer plantings, street tree plantings, parking lot landscape, open space tree plantings).

Any tree located on private property that meets all of the following conditions:

Tree removal is associated with new construction, demolition, excavation, and site redevelopment requiring permits from the Department of Public Services.

DBH of eighteen (18) inches or more, or a circumference measurement of fifty-six (56) inches or more at breast height (4.5 feet above ground).

Tree is in fair condition or better. Fair condition is defined as having the following characteristics:

The tree exhibits minor signs of pest problems, trunk damage, and decline. No more than thirty percent (30%) of the tree canopy exhibits crown decline and dieback.

Branching habit indicates poor pruning or damage, which requires moderate corrections. Co-dominant stems may be present.

Tree shape and form is in acceptable condition for that species.

Tree has limited concerns for its use and function in its site location.

Tree Species is not classified as an invasive species as defined by the Missouri Department of Conservation.

Tree removal and replacement standards.

Removal of protected trees. Protected trees as stated herein shall not be damaged or removed at any time until the following conditions are satisfied:

A tree removal permit application has been filed, reviewed, and granted written approval by the Director of Public Works for removal of a protected tree(s) located within public rights-of-way or on public property and protected tree(s) installed, preserved, and/or maintained as part of a submittal process with the City to satisfy any code requirements.

The permit and/or site plan review application has been filed, reviewed, and granted written approval by the Director of Public Works for any protected tree removal associated with private development and/or construction activities.

A protected tree may be removed without written approval only if required as an emergency measure to remedy an unsafe condition potentially injurious to the public, in which case the person or commercial entity shall immediately report the action to the City and be required to replace the tree as required by this Section.

Removal of tree(s) prior to landscape disturbance/site development. Any trees which have been removed from a property within twelve (12) months prior to application for new construction, demolition, excavation, and site redevelopment requiring permits from the Department of Public Services, shall be deemed to have been in good condition unless otherwise previous conditions can be documented, including photo documentation, by the property owner.

Replacement of protected trees. Protected trees proposed for removal shall be replaced as follows:

Street trees and trees located on public rights-of-way shall be replaced at a minimum one-to-one ratio, or as needed to meet minimum street tree requirements as specified by the ordinance, or as recommended by the Director of Public Works or his/her third-party consultant.

Protected trees located on public or private property which are not classified as street trees shall be replaced at a ratio of three (3) caliper inches of replacement tree for every nine (9) DBH inches of protected tree that is removed. If circumference was used as the measurement method, protected trees shall be replaced at a ratio of three (3) caliper inches of replacement tree for every twenty-eight (28) inches of protected tree circumference at breast height that is removed. Tree replacement may be waived by the Director of Public Services if the owner can verify that the open space tree requirement stipulated in Section 26-21 can be met or exceeded on the property after the removal of the protected tree(s).

In instances where insufficient site space or other limiting factors prevents the replanting of required replacement trees, a monetary payment may be made to the City's Tree Fund in-lieu of planting at a rate of two hundred fifty dollars ($250) per caliper inch of required tree replacement not planted.

Replacement trees must meet the following minimum criteria:

Replacement trees shall be of a similar type and have similar characteristics to the removed protected tree.

Replacement canopy trees shall be a minimum of two (2) inches or greater in caliper. Replacement ornamental trees shall be a minimum of one and one half (1.5) inches or greater in caliper.

Replacement evergreen trees shall be a minimum six (6) feet installed height and have an intact central leader. An evergreen tree with a six (6) to eight (8) foot installed height shall be equivalent to three (3) caliper inches of replacement tree.

Species classified as an invasive species by the Missouri Department of Conservation or the City of Crestwood are not permitted as replacement trees.

Replacement tree(s) to be planted on public rights-of-way or as a street tree shall be selected from the Acceptable Species within the City of Crestwood Master Tree Species list.

Protected tree removal and replacement standards provided herein shall not apply to routine maintenance, removal of invasive species, removal of hazardous trees, or removal of protected trees on City-owned property or parkland that the Director of Public Works deems necessary to serving public welfare or benefiting the community.

Tree Protection Standards. Any existing tree identified for preservation on a Tree Preservation Plan submitted and approved by the Director of Public Services shall be protected as indicated on the approved plan and as described herein.

Tree protection measures identified by a Tree Preservation Plan, or otherwise required as stated herein or by a permit issued by the Director of Public Works, should be in place and fully installed prior to redevelopment or construction of a site.

Developer(s) of a site shall be responsible for the replacement of protected trees damaged beyond repair if the trees are harmed due to lack of protection or through negligence on the part of the developer/contractor.

Tree Protection Measures. Measures utilized by developers and their contractors before and during construction and development of a site shall include the following:

Tree Protection Fencing. Tree protection fencing shall have a minimum height of four (4) feet and be installed in such a manner that it maintains its rigidity and effectiveness as a barrier. Standard materials used for tree protection fencing shall include plastic mesh construction or chain-link fencing. Other suitable tree protection fencing materials may be used with approval from the Director of Public Services. Tree protection signs shall be provided along the perimeter of the Tree Protection Zone and shall be maintained throughout the duration of construction. Signs shall be no smaller than eleven and a half (11.5) inches and no larger than twenty-four (24) inches along the longest side of the sign. Signs shall contain the phrase "Tree Protection Zone" in large lettering with contrasting color to the background.

Root Pruning. Existing trees to remain on site in which critical root zones may potentially be impacted from grading, excavations, wall or foundation construction, or utility trenching shall be root pruned prior to construction activities. Root pruning shall be performed using either manual or mechanical methods such as chainsaws, vibrating knife, rock saw, narrow trencher or other equipment approved by the Director of Public Works. The use of equipment that tears, rips, or pulls roots is prohibited.

Tree Protection Mats. If construction equipment, vehicle, or heavy foot traffic is anticipated and unavoidable within the critical root zone of an existing tree to be saved, tree protection matting should be installed prior to construction activities. Tree protection matting should be installed over a sufficient layer of mulch or wood chips to assist with the dispersion of heavy loading.

Siltation Fencing. Where there is potential for erosion from construction activities, siltation fencing should be installed to prevent erosion and sediment buildup within established tree protection zones. Siltation fencing should be installed outside of the critical rootzone of tree(s) to prevent damage to roots. Siltation fencing shall remain in place for the entirety of construction and shall not be removed until vegetation on site has established adequately enough to prevent erosion.

Tree Protection Supervisor. A developer and/or their contractor(s) shall provide a designated tree protection supervisor on-site whenever equipment or trucks are placed or are moving near the trees to be protected in order to ensure compliance with all tree protective measures.

Tree Protection Zone. Tree protection fencing shall be placed at the dripline or limits of the Critical Root Zone, as approved by the Director of Public Works of each tree to be protected within the area of disturbance. The fencing shall be used to create a designated tree protection zone that shall be installed prior to construction of any type commencing and must be maintained for the entirety of construction. The tree protection zone shall comply with the following:

Construction equipment, vehicles, trailers, excessive foot traffic, and storage of materials must remain outside of the tree protection zone.

Erosion control measures shall be installed to prevent siltation or erosion within the tree protection zone.

Trenching or excavation is prohibited within the tree protection zone.

No grade or earthwork changes are to be made within the tree protection zone.

Spoils from trenching or other excavations shall not be placed within the tree protection zone.

Underground utilities and irrigation lines shall be routed around tree protection zones. Where underground utility and irrigation lines must pass through a tree protection zone, they shall be tunneled or bored.

No burn piles or debris pits shall be placed within the tree protection zone.

No ashes, garbage, chemicals, or other debris shall be dumped in the tree protection zone.

Herbicides used within the tree protection zone must be safe for use around trees.

Removal of brush or other landscape material if required within the tree protection zone shall be accomplished using hand-operated equipment.

City Tree Fund.

The City shall maintain an account where compensatory payments for tree replacements and violations, donations, and other tree and urban forestry related proceeds can be deposited. City Tree Fund money may be used at the discretion of the Director of Parks and Recreation, the Director of Public Works, or his/her designee to plant and maintain trees located within the City of Crestwood public right-of-way and public lands and provide funding for other applicable urban forestry efforts.

Damage To Protected Trees. It shall be unlawful for any person or entity to top or mutilate any protected tree as classified herein.

"Topping" is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.

"Mutilate" is defined as damaging, cutting, carving, transplanting or removing any tree; attaching any rope, wire, nails, advertising posters or other contrivances to any tree, allowing any gaseous liquid or solid substance which is harmful to such trees to come in contact with them; or setting fire or permitting any fire to burn when such fire or the heat thereof will injure any portion of any tree.

Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted at the determination of the Director of Public Services.

Variances.

Any tree preservation plan or tree removal request submitted to and denied by the Director of Public Works may be appealed and a variance request may be made within thirty (30) days of the receipt of a notice of denial.

Appeals and requests for variance shall be sent to the Director of Public Services specifying the grounds for appeal, including, but not limited to, demonstration of undue hardship. The Director of Public Services shall transmit the appeal and variance request to the Planning Commission.

The Planning Commission will review the appeal/request and may grant the appeal/request, may attach conditions as it deems necessary to comply with the purpose and intent of this Section, or may deny the appeal/request.

Violation And Penalties.

Any person who violates any provision of this Section or who fails to comply with any notice issued pursuant to the provisions of this Section, upon being found guilty of violation, shall be subject to penalties described in Section 26-4, Enforcement of the Crestwood Development Code.

If, as a result of the violation of any provision contained in this Section a protected tree is damaged, mutilated, or killed, the cost of repair or replacement shall be the responsibility of the party in violation. The replacement value of protected trees shall be determined by the Director of Public Works or his/her third-party consultant using the latest edition of "The Guide for Plant Appraisal," as published by the International Society of Arboriculture.

Payments for violations of this Section received from the City's municipal division shall be paid into the City Tree Fund.

§ 26-22 Fencing.

[R.O. 1985 § 26-22; Ord. No. 5119, 1-12-2021; Ord. No. 5271, 6-28-2022; Ord. No. 5361, 5-23-2023; Ord. No. 5568, 6-24-2025]

Fences may be erected in the City subject to the following provisions of this Section and any other applicable provision of this Chapter.

General Standards.

Every new or replacement fence shall be constructed with its decorative side facing outward from the lot and the area to be enclosed, and shall have its posts, framing and other structural support within or facing toward the interior of the lot and the area to be enclosed.

Except as otherwise provided in this Section, no new fence shall be constructed of materials such as chicken coop wire, barbed wire, bamboo or any readily flammable material such as paper, cloth, canvas, or like material.

No fence shall encroach within the sight distance triangle of an intersection.

For the purpose of this Section, each yard facing the right-of-way shall be deemed a front yard.

All fences shall be installed and continuously maintained in accordance with the provisions of the Property Maintenance Code of the City of Crestwood.

Where Erected.

Residential uses. At detached houses, duplexes, 3-/4-plex houses, row houses, and group homes, as described in Article II, Section 26-7, Description Of Uses, of this Chapter, fences shall be erected as follows:

No fence shall exceed six (6) feet in height.

Chain link fences shall be vinyl-coated or powder-coated in black or earth-toned colors such as brown, tan, or dark green.

In side and rear yards. A durable fence may be installed within a side or rear yard.

In front yards. Fences shall not be installed in front yards except as described below.

Fall protection barriers. Fences may be installed in a front yard where serving as a required barrier for fall protection above retaining walls, elevated walking surfaces, etc. Such fences shall consist of an open-spaced, decorative wood picket or decorative rail design and shall not exceed four (4) feet in height.

On corner lots. On corner lots, fences may be installed within a side street front yard, which shall be the front yard perpendicular to the street frontage that the primary building entry faces. Fences installed in the side street front yard of a corner lot shall adhere to the following conditions:

No fence shall encroach within the sight distance triangle of an intersection, as defined in Article II, Section 26-5, Defined Terms, of this Chapter.

Fences in the side street front yard of a corner lot shall be set back a minimum of one (1) foot from the front lot line, subject to the other provisions of this Section.

Where there is a driveway on the same side of the street within sixty (60) feet of the corner lot, fences in a side street front yard shall be set back a minimum often (10) feet from the front lot line. (see Figure 26-22A, below).

Where there is a driveway on the same side of the street within twenty (20) feet of the corner lot, fences in a side street front yard shall be:

Set back a minimum of twenty (20) feet from the front lot line (see Figure 26-22B, below); or

Set back a minimum of ten (10) feet from the front lot line, and all vertical, horizontal, and diagonal pickets, spindles, or other fence members shall be spaced a minimum of two (2) inches apart to allow at least fifty percent (50%) visibility through the fence, as viewed perpendicular to the fence.

Figures 26-22A and 26-22B, below, identify where fences may be installed within the side street front yard of a corner lot.

Figure 26-22A

Side Street Front Yard Fence Setbacks on Residential Corner Lots

On Through Lots. On residential through lots, fences may be installed along front lines in the following locations, if set back a minimum of one (1) foot from the front lot line:

Facing S Sappington Road, south of Elmont Lane to Grant's Trail.

Facing Old Sappington Road, north of the intersection with New Sappington Road to Sappington Villa Court.

Facing Pardee Road, for up to five hundred fifty (550) linear feet south of Grant Farm Trail.

Facing Rayburn Avenue, west of Dublin Drive to the city boundary.

Facing S Holmes Avenue, for up to three hundred (300) feet east of Oak Ridge Avenue.

A limited amount of existing fencing may be repaired on a residential lot within a twelve (12) month period without obtaining prior City approval; provided that, the fence shall be constructed and continuously maintained in accordance with the Property Maintenance Code of the City of Crestwood. A fence repair shall be defined as the replacement of up to seventy-five (75) linear feet of an existing fence, or up to thirty-five percent (35%) of the total existing fencing on a lot, whichever is less, with the same material, in the same color, at the same height, and in the same location as the existing fence.

No more than seventy-five (75) linear feet or thirty-five percent (35%) of the total existing fencing on a lot, whichever is less, shall be replaced in a twelve (12) month period without first obtaining a permit from the City of Crestwood.

Any replacement of more than seventy-five (75) linear feet or thirty-five percent (35%), whichever is less, of the total existing fencing on a lot in a twelve (12) month period shall be installed according to the full provisions of this Chapter.

Existing fences which do not conform to the regulations provided in Subsection 26-22(A), General Standards, shall not be replaced under a fence repair, as defined herein.

Existing fences which do not conform to the regulations provided in Subsections 26-22(B)(a) through 26-22(B)(1)(d) may be replaced under a fence repair, as defined herein.

Commercial Uses And Multi-Family Residential Uses.

No fence shall exceed eight (8) feet in height.

No fence shall be constructed of vinyl or chain link.

In side and rear yards.

A durable fence may be installed within a side or rear yard.

Where a side or rear lot line coincides with the side or rear lot line of an adjacent detached house, duplex, industrial or civic/institutional use, a durable sight-proof fence of at least six (6) feet in height shall be required within two (2) feet of the lot line. Fence height may be reduced if used in conjunction with a berm, as described in Article V, Section 26-21B.4, Landscape Buffer Requirements.

In front yards. Fences shall not be permitted in front yards except as described below:

Landscape buffer. Fences maybe installed where serving as a required fence in a required Landscape Buffer Type A or B, as described in Article V, Section 26-21B.4, Landscape Buffer Requirements. Fences installed as part of a required landscape buffer shall be set back a minimum of ten (10) feet from the front lot line.

Fall protection barriers. Fences may be installed in a front yard where serving as a required barrier for fall protection above retaining walls, elevated walking surfaces, etc. Fences serving as a required fall protection barrier within a front yard shall be of an open-spaced, decorative black, tan, or dark green metal rail design and shall not exceed four (4) feet in height.

Industrial Uses.

No fence shall exceed eight (8) feet in height.

No fence shall be constructed of vinyl.

No fence shall include razor wire or barbed wire, except as approved by the Planning, Zoning, and Architectural Review Commission through the fence exceptions process described below.

In Side And Rear Yards.

A durable fence may be installed within a side or rear yard.

Where a side or rear lot line coincides with the side or rear lot line of any non-industrial use, a durable sight-proof fence of at least six (6) feet in height shall be required within two (2) feet of the lot line. Said fences shall not be constructed of chain link. Fence height may be reduced if used in conjunction with a berm, as described in Article V, Section 26-21B.4, Landscape Buffer Requirements.

In Front Yards. Fences shall not be permitted in front yards except as described below:

Fences maybe installed in a front yard where facing another industrial use immediately across the street. Said fences shall not be sight-proof. Front yard fences shall be set back a minimum of one (1) foot from the right-of-way line.

Landscape buffer. Fences may be installed where serving as a required fence in a required Landscape Buffer Type A or B, as described in Article V, Section 26-21B.4, Landscape Buffer Requirements. Fences installed as part of a required landscape buffer shall be set back a minimum of ten (10) feet from the right-of-way line.

Fall protection barrier. Fences may be installed in a front yard where serving as a required barrier for fall protection above retaining walls, elevated walking surfaces, etc.

Enforcement. It shall be the duty of the Director of Public Works, or his/her designee, to enforce the provisions of this Section. Whenever the Director of Public Works or designee determines that a person is violating the provisions of this Section, he shall give notice of such alleged violation which shall:

Be in writing;

Be served upon the person, his agent, or a member of his immediate family personally, or delivered by registered or certified mail to his last known address;

Contain a statement of the reason why it is being issued;

Contain a statement concerning what action should be taken to effect compliance with this Section; and

Allow a reasonable time for the performance of any act necessary to effect compliance.

Fence Exceptions.

When a person subject to the provisions of this Section can show that the strict application of the terms hereof will substantially impair the reasonable use and enjoyment of property, such person may apply for an exception to the provisions of this Section by filing a written application with the Planning Commission. The Planning Commission shall conduct a hearing on said application after written notice is sent to the owners of all property abutting the property upon which the fence is sought to be erected by First Class Mail.

The Planning Commission may consider and allow exceptions from the strict application of this Section if such exceptions are in harmony with the purpose and intent of this Section, and if they will not be injurious to the surrounding property or otherwise detrimental to the public welfare, taking into account the location of the property, the permitted uses of the property and nearby properties, the prevailing traffic conditions on adjoining roadways and in the vicinity, and the configuration of the property and improvements thereon.

Exceptions shall not be granted to allow fences which have been already installed or partially installed in violation of the provisions of this Municipal Code.

In granting an exception, the Planning Commission or the designated committee may attach such conditions as they deem necessary relating to location, design and landscaping to mitigate the impact of the fence exception on the adjoining property or general neighborhood.

§ 26-23 Site Lighting.

[R.O. 1985 § 26-23; 1-12-2021 by Ord. No. 5119]

In addition to the regulations established for the Watson Road Overlay Area as set forth in Article IV, Zoning Districts And Use Standards, Section 26-18, Watson Road Overlay Area, Subsection E.2.k, Lighting, the following site lighting standards and shall apply to all uses within the Watson Road Overlay Area, C-1 and M-1 Districts and to all PD-C, and PD-MXD developments, including all new developments, amendment of an approved site plan, amendment of a conditional use permit, or any lighting change to an existing development, involving new fixtures, standards, heads or luminaires.

General Standards.

Site lighting shall include all lighting on property, other than lighting within a fully enclosed building, provided that site lighting shall include interior lighting when used as accent lighting, as provided in Subsection A.8 of this Section.

Site lighting fixtures shall be compatible with the building design and the adjoining landscape and shall not be used in such a manner as to turn the building itself into signage.

Excessive brightness of site lighting shall be avoided.

Site lighting shall not spill over to adjacent sites or properties.

Site lighting shall not create glare which is directed toward or reflected onto adjoining properties.

Site lighting shall not create glare which is directed toward or reflected onto streets, or interior drives where such glare could negatively impact vehicular or pedestrian safety.

Except as may be provided elsewhere in this Section, site lighting shall at no time be directed upward, in a radiating and/or moving or sweeping pattern, or at any angle which will light surfaces other than building walls, parking or pedestrian areas, and landscaped areas, and shall not create lighting patterns which will direct light toward residential areas.

Except as may be authorized in Article VII, Sign Regulations, of this Chapter, the use of tube lighting of any singular static color may be utilized as accent lighting in any location on the site, including the exterior of a building or around any window as long as the lighting is recessed and the tubing would not be visible from the street.

At the time of filing any application for any use, development, amendment or change as set out in Section 26-23 hereof, a lighting plan for site lighting shall be provided on a separate sheet. The following information shall be submitted as part of the lighting plan:

Manufacturer's catalog cut sheet or other graphic and narrative description of the light standards, fixture heads, and/or luminaires with specification data.

Photometric curves indicating both vertical and horizontal candle-power distribution.

A plan of the site superimposed with a grid of not more than 20 feet between light sources showing the calculated foot-candle levels at average site grade at the center of each twenty-foot grid.

10.

All site lighting shall be installed utilizing underground cable.

Illumination Standards.

Except as otherwise provided in the following provisions of this Section, all parking and loading areas and walkways shall be illuminated so as to produce a uniform minimum average illumination within such areas of two (2) foot-candles of illumination, measured at the ground level.

Lighting fixtures or standards without cutoff-type luminaires or with globe-style luminaires shall be no higher than 15 feet and shall have a maximum illumination output of not more than 10,000 lumens.

Lighting fixtures or standards with a cutoff-type luminaire shall be no higher than 25 feet with a maximum average illumination of the property, measured at ground level over the site, of five (5) foot-candles.

Except as may be otherwise approved by the Planning and Zoning Commission, where parking and loading areas are adjacent to residential areas, the maximum average illumination of the area between the rear building wall line and the property line abutting a residential area shall be one (1) foot-candle, measured at ground level over the site, provided that at the property line abutting a residential area, the maximum illumination of the property shall be no higher than 0.1 foot-candle.

Where parking or loading areas abut residential property, the fixture head shall be of an appropriate type which controls the lighting pattern and shields such residential property from direct view of the light source. In order to achieve this end, reflector shields may be required for fixture heads.

Globe-style fixture heads (including other shapes, such as acorn or cylinder styles) may only be used as decorative accents along the front of properties or buildings which face bordering streets which are occupied by, or zoned for, commercial or light industrial uses and where adjoining uses on the same side of the street are not residential. No such fixtures shall be located in any side or rear yard. Globe-style fixture heads shall be of the types which are frosted or translucent so that the bulb lighting source is not visible and that emitted light is diffused.

§ 26-24 Stream Buffer Protection.

[R.O. 1985 § 26-24; 1-12-2021 by Ord. No. 5119]

In addition to any applicable requirements of Article I, Subdivisions And Land Development, Section 26-44 (Land development standards) relating to stormwater drainage, regulations for providing stream buffer protection shall apply to all land development activity as provided for in this Section.

Purposes. The purpose of this Section is to protect the public health, safety, environment and general welfare; to minimize public and private losses due to erosion, siltation and water pollution; and to maintain stream water quality by provisions designed to:

Create buffer zones along the streams within the City for the protection of water resources;

Minimize land development within such buffers by establishing buffer zone requirements and by requiring authorization for any such activities;

Protect, restore, and maintain the chemical, physical and biological integrity of streams and their water resources;

Remove pollutants delivered in urban stormwater;

Reduce erosion and control sedimentation;

Protect and stabilize stream banks;

Provide for infiltration of stormwater runoff;

Maintain base flow of streams;

Contribute organic matter that is a source of food and energy for the aquatic ecosystem;

10.

Provide tree canopy to shade streams and promote desirable aquatic habitat;

11.

Provide riparian wildlife habitat;

12.

Furnish scenic value and recreation opportunity; and

13.

Provide opportunities for the protection and restoration of green space.

Applicability. This Section shall apply to land development activity involving new subdividing and platting activities on property containing a stream protection area as defined in Subsection C of this Section. These requirements are in addition to and do not replace or supersede any other applicable buffer or floodplain requirements established under State law, this Chapter, or City ordinance, and approval or exemption from these requirements does not constitute approval or exemption from buffer requirements established under State law or City ordinance or from other applicable local, State or Federal regulations.

Exceptions. This Section shall not apply to the following activities:

Work consisting of the repair or maintenance of any lawful use of land that is zoned and approved for such use on or before the effective date of this Section.

Existing development and ongoing land disturbance activities, including, but not limited to, existing agriculture, silviculture, landscaping, gardening and lawn maintenance, except that new development or land disturbance activities on such properties will be subject to all applicable buffer requirements.

Any land development activity that is under construction, fully approved for development, scheduled for permit approval or has been submitted for approval as of the effective date of this Section.

Land development activity that has not been submitted for approval, but that is part of a larger master development plan, such as for an office park or other phased development that has been previously approved within two (2) years of the effective date of this Section.

Redevelopment within a residential or commercial property which currently encroaches within the stream buffer so long as improvements do not exceed the existing encroachment.

Exemptions. The following specific activities are exempt from this Section. Exemption of these activities does not constitute an exemption for any other activity proposed on a property.

Activities for the purpose of building one (1) of the following:

A stream crossing by a driveway, transportation route or utility line;

Public water supply intake or public wastewater structures or stormwater outfalls;

Intrusions necessary to provide access to a property;

Public access facilities that must be on the water, including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks;

Unpaved foot trails and paths;

LAND DEVELOPMENT ACTIVITY(IES)

Activities to restore and enhance stream bank stability, vegetation, water quality and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used; or

(7)

Municipal public improvements.

Public sewer line easements. This includes such impervious cover as is necessary for the operation and maintenance of the utility, including, but not limited to, manholes, vents and valve structures.

Land development activities within a park or right-of-way existing at the time this Section takes effect or approved under the terms of this Section.

Within an easement of any utility existing at the time this Section takes effect or approved under the terms of this Section, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility, including, but not limited to, manholes, vents and valve structures.

Emergency work necessary to preserve life or property. However, when emergency work is performed under this Section, the person performing it shall report such work to the Director of Public Works on the next business day after commencement of the work. Within ten (10) days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the Director of Public Works to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area.

Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural uses and are not incidental to other land development activity. If such activity results in land disturbance in the buffer that would otherwise be prohibited, then no other land disturbance activity other than normal forest management practices will be allowed on the entire property for three (3) years after the end of the activities that intruded on the buffer.

Any activities approved under a 404 permit issued by the Corps of Engineers and 401 water quality certification issued by the Missouri Department of Natural Resources.

Any land development activity within a buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to Subsection D.2, below.

Definitions. The following definitions shall apply when used in this Section:

BUFFER

A stream, a natural or enhanced vegetated area (established by Subsection D of this Section) lying adjacent to the stream.

FLOODPLAIN

Any land area susceptible to flooding, which would have at least a one percent (1%) probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan; i.e., the regulatory flood.

IMPERVIOUS COVER

Any man-made paved, hardened or structural surface regardless of material. Impervious cover includes, but is not limited to, rooftops, buildings, streets, roads, decks, swimming pools and any concrete or asphalt.

LAND DEVELOPMENT

Any land change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving and any other installation of impervious cover.

Those actions or activities which comprise, facilitate or result in land development.

LAND DISTURBANCE

Any land or vegetation change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, that does not involve construction, paving or any other installation of impervious cover.

LAND DISTURBANCE ACTIVITY(IES)

Those actions or activities which comprise, facilitate or result in land disturbance.

PARCEL

Any plot, lot or acreage shown as a unit on the latest county tax assessment records.

PERMIT

The permit issued by the City required for undertaking any land development activity.

PERSON

Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the State, any interstate body or any other legal entity.

PROTECTION AREA or STREAM PROTECTION AREA

With respect to a stream, the combined areas of all required buffers and setbacks applicable to such stream.

RIPARIAN

Belonging or related to the bank of a river, stream, lake, pond or impoundment.

SETBACK

With respect to a stream, the area established by Subsection D.1.b of this Section extending beyond any buffer applicable to the stream.

STREAM

Any stream, beginning at:

All natural watercourses depicted by a solid or dashed blue line on the most current United States Geological Survey (USGS) 7.5 Minute Series (Topographic) Maps for Missouri; or

A point in the stream channel with a drainage area of 25 acres or more.

STREAM BANK

The sloping land that contains the stream channel and the normal flows of the stream. Where no established top-of-bank can be determined, the stream bank will be the ordinary high-water mark as defined by the Corps of Engineers in Title 33 of the Code of Federal Regulation, Part 328.3.

STREAM CHANNEL

The portion of a watercourse that contains the base flow of the stream.

Land Development Requirements. The land development requirement shall apply as set forth below:

Buffer And Setback Requirements. All land development activity subject to this Section shall meet the following requirements:

For streams depicted as a solid blue line on the USGS Map, an undisturbed natural vegetative buffer shall be maintained for fifty (50) feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank. For all other streams subject to this Section, an undisturbed natural vegetative buffer shall be maintained for twenty-five (25) feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank.

An additional setback shall be maintained for twenty-five (25) feet, measured horizontally, beyond the undisturbed natural vegetative buffer, in which all impervious cover shall be prohibited. Grading, filling and earthmoving shall be minimized within the setback.

No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback.

Variance Procedures. Variances from the above buffer and setback requirements may be granted in accordance with the following provisions:

Where a parcel was platted prior to the effective date of this Section, and its shape, topography or other existing physical condition prevents land development consistent with this Section, and the Board of Adjustment of the City finds and determines that the requirements of this Section prohibit the otherwise lawful use of the property by the owner, the Board of Adjustment of the City may grant a variance from the buffer and setback requirements hereunder, provided that such variance requires mitigation measures to offset the effects of any proposed land development on the parcel.

Except as provided above, the Board of Adjustment of the City shall grant no variance from any provision of this Section without first conducting a public hearing on the application for variance and authorizing the granting of the variance by an affirmative vote of the Board of Adjustment. The City shall give public notice of each such public hearing in a newspaper of general circulation within the City. The City shall require that the applicant post a sign giving notice of the proposed variance and the public hearing. The sign shall be of a size and posted in such a location on the property as to be clearly visible from the primary adjacent road right-of-way.

Conditions For Considering Variances.

Variances will be considered only in the following cases:

When a property's shape, topography or other physical conditions existing at the time of the adoption of this Section prevents land development unless a buffer variance is granted.

Unusual circumstances when strict adherence to the minimal buffer requirements in the chapter would create an extreme hardship.

Variances will not be considered when, following adoption of this Section, actions of any property owner of a given property have created conditions of a hardship on that property.

Information Required. At a minimum, a variance request shall include the following information:

A site map that includes locations of all streams, wetlands, floodplain boundaries and other natural features, as determined by field survey;

A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;

A detailed site plan that shows the locations of all existing and proposed structures and other impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the buffer and setback. The exact area of the buffer to be affected shall be accurately and clearly indicated;

Documentation of unusual hardship should the buffer be maintained;

At least one (1) alternative plan, which does not include a buffer or setback intrusion, or an explanation of why such a site plan is not possible;

A calculation of the total area and length of the proposed intrusion;

A stormwater management site plan, if applicable; and

Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must include an explanation of why none is being proposed.

Factors For Determination. The following factors will be considered in determining whether to issue a variance:

The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;

The locations of all streams on the property, including along property boundaries;

The location and extent of the proposed buffer or setback intrusion; and

Whether alternative designs are possible which require less intrusion or no intrusion;

The long-term and construction water-quality impacts of the proposed variance;

Whether issuance of the variance is at least as protective of natural resources and the environment.

Additional Information Requirements For Development On Buffer Zone Properties.

Any permit applications for property requiring buffers and setbacks hereunder must include the following:

A site plan showing:

The location of all streams on the property;

Limits of required stream buffers and setbacks on the property;

Buffer zone topography with contour lines at no greater than five-foot contour intervals;

Delineation of forested and open areas in the buffer zone; and