Creve Coeur, MO Zoning Ordinance

Section 405.540 Landscaping.

[R.O. 2008 §26-62; Ord. No. 1903 §1, 11-24-1997; Ord. No. 2080 §§4 — 5, 9-11-2000; Ord. No. 4071 §4, 4-9-2007]

Purpose And Intent. Landscaped areas shall be provided in order to create attractive transition areas between properties; to minimize the impact of air, water and noise pollution; to minimize impact of stormwater runoff; to provide shade and reduce glare; to minimize the visual impact of solid waste receptacles and other on-site storage areas; to aid in directing pedestrian and vehicular movement; and to maintain and enhance the natural features of the site. Landscape elements may include all forms of permitted natural vegetation and plantings, ground forms, water features, rock groupings and all other open space areas. It is the further purpose and intent of this Section to require adequate protection for contiguous property against undesirable effects from the creation and operation of parking or loading areas and to protect and preserve the appearance and character of the surrounding neighborhoods and of the City through the screening effects and aesthetic qualities of such landscaping.

Applicability. Every site development plan for an undeveloped parcel, every site development plan for a site meeting the criteria of Section 405.610(E) (cessation of site-related non-conformities) and every site development plan proposing the construction or improvement of a parking and/or loading area shall comply with the regulations contained in this Section. Street trees shall be provided on any land development including, but not limited to, land that is proposed for subdivision or development based on a site development plan. A concept landscape plan shall be submitted with the site development plan application for concurrent review by the City. A final landscape development plan shall be submitted with the final site development plan. The procedures and requirements contained in this Section 405.540 are in addition to the procedures and requirements contained in other Sections of the zoning ordinance which shall remain applicable to the parcel for which the application is filed. In case of conflict between the provisions of other Sections of the zoning ordinance with provisions of this Section 405.540, the more restrictive requirement shall control unless the context clearly shows otherwise.

Application, Review And Approval Of A Concept Landscape Plan.

A concept landscape plan shall be submitted with the application for site development plan approval. The review and approval of the concept landscape plan will occur concurrently with the review and approval of the other elements of the site development plan as outlined in Section 405.1080, site development plan approval.

Concept landscape plans shall be prepared by an architect or landscape architect registered in the State of Missouri and shall be approved by the Planning and Zoning Commission which shall review the proposed landscaping to ascertain that the plan will promote and facilitate the objectives of this Section. Plans shall be drawn to an accurate scale and shall include those items outlined in Section 405.540(D), content of a concept landscape plan. This required concept landscape plan shall be incorporated and made part of a site development plan submitted in accordance with other zoning district requirements and Section 405.1080.

Content Of A Concept Landscape Plan. Every concept landscape plan submitted to the City for review shall be based on the design standards in Section 405.540(F) and include:

The location of all existing trees over six (6) inches in caliper size if deciduous or over six (6) feet in height if evergreens and an indication of all such trees to be removed and all to remain;

A landscape plan including a conceptual drawing to scale indicating generic plant material to be provided or preserved by the plan including the size, location and type of trees, shrubs and ground covers as well as related site improvements such as walls, berms, fences, street furniture, water features and walkways.

Content Of A Final Landscape Plan. The final landscape plan shall include all items included in the concept landscape plan approved by the Planning and Zoning Commission, shall clearly meet or exceed all of the design standards outlined in Section 405.540(F), shall be prepared by an architect or landscape architect registered in the State of Missouri and shall be included with the final site development plan. The final landscape plan shall be drawn to an accurate scale and shall show the layout of parking and loading areas, entrances and exits, drainage provisions, lighting provisions, surfacing, curb barriers. The final landscape plan shall also show the location and type of landscaping including a plant material schedule listing common and botanical names, quantities, size, spacing and method of planting of each of the plant material specified.

Design Standards For Landscape Plans. A concept landscape plan shall be prepared based on the design standards included in this Section although the detail of the plan may be limited to convey basic design concepts. A final landscape plan shall be prepared and submitted with the final site improvement plan for all applicable developments as outlined in Section 405.540(A). The final landscape plan shall be prepared in accordance with the approved site development plan and concept landscape plan and meet the following design standards:

Street trees shall be clearly delineated on the final landscape plan. The street trees shall be deciduous hardwood trees, not less than three (3) inch caliper size providing clear headroom of at least six (6) feet. The street trees may include existing trees, new trees or a combination thereof, provided that there is one (1) street tree for every thirty (30) lineal feet or part thereof of street frontage and such street trees shall be located on the subject property at least two (2) feet six (6) inches but not more than twelve (12) feet from the back of the curb, unless additional setback is necessary to accommodate planned road widening, overhead utility lines or some other condition identified by the Director of Planning. The Department of Public Works shall maintain a list of recommended street trees as well as undesirable trees. The Public Works Director or his/her designee may approve street trees not included in the list of recommended trees if the proposed tree is a deciduous hardwood, is disease resistant, is salt tolerant and has a clear trunk height of at least seven (7) feet six (6) inches or as directed by the Director of Public Works.

When off-street parking or loading areas are located adjacent to a residential district or to any lot upon which there is a dwelling as a permitted use, there shall be provided along the lot line a continuous opaque screen to a height adequate to prevent the direct light from automobile headlights being cast on adjacent residential units but with a minimum height of four (4) feet and not more than eight (8) feet except that the height of such opaque screen shall not exceed three and one-half (3½) feet within fifteen (15) feet of a public right-of-way. The opaque screen may consist of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation or any combination thereof which maintains a completely opaque screen. The opaque portion of the screen must be opaque in all seasons of the year.

In addition to any landscaped front, back or side yard areas required by this or any other Section, a minimum of ten (10) square feet of interior landscaped area shall be provided within the parking lot for each three hundred fifty (350) square feet of paved area within the parking lot including parking spaces and driving aisles. The landscaping shall be in one (1) or more areas so as to minimize and reduce the apparent size of parking areas.

All interior landscaped areas provided in accordance with the preceding paragraph shall have a minimum area of fifty (50) square feet and a minimum width of three (3) feet. Each separate interior landscaped area shall include at least one (1) deciduous shade tree of a type and size required herein. Such shade trees may include any approved street tree or may include a deciduous tree that is disease resistant and has a suitable clear trunk height considering its proposed placement on the site. There shall be a minimum of two (2) deciduous shade trees, within and up to, every one hundred (100) linear feet of parking for each parking row. Such trees shall be spaced evenly around the perimeter. The ends of parking rows abutting a circulation aisle shall be defined by interior landscaped areas whenever feasible.

The Planning and Zoning Commission may waive the requirement for interior landscaped areas in parking lots required by Subsection (F)(4) in the instance of a planned development which occupies a site in excess of three (3) acres, which has an overall site coverage of less than forty percent (40%) and which provides additional landscaping elsewhere on the site in compensation for that which otherwise would be located in required interior landscaped areas in parking lots.

Deciduous shade trees and street trees which are required by this Chapter shall have a minimum caliper of three (3) inches providing clear headroom of at least six (6) feet where provided for use as street trees, along pedestrian access routes or where such trees may interfere with vehicular circulation or sight lines. Evergreen trees shall be a minimum of six (6) feet in height at planting. All trees shall be properly planted and staked. The number of such trees shall be determined by the application of the above mentioned landscaped standards; provided however, that in no instance shall there be less than two (2) such trees in conjunction with the development of any parking facility or lot.

No landscaped hedge shall be less than two (2) feet in height and two (2) feet in spread at time of installation; however, no hedge or wall or berm shall exceed three (3) feet in height within ten (10) feet of any driveway opening. The individual plants used in the development of such a hedge shall be placed so as to be not more than thirty (30) inches on center.

The use of earth sculpting or berms shall be encouraged, provided these are designed in an area of enough size so as to avoid erosion, drainage or maintenance problems and provided that berms shall be constructed with a grade not to exceed one (1) foot vertical to three (3) feet horizontal (3:1 slope) for lawn areas and 2:1 slope for planting beds containing shrubbery or ground cover unless a steeper slope is approved by the Director of Public Works.

Interior planting bed areas which are used for the planting of trees or which are used for landscaping treatment generally may be treated with grass, hardwood bark mulch, other types of ground cover and/or open spaced pavers on a sand and gravel base located beneath and surrounding trees and shrubs.

10.

All landscaping shall be permanently maintained in good condition with at least the same quality and quantity of landscaping as initially approved. In order to present a healthy, neat and orderly appearance, all landscaped areas including interior parking lot islands and grass areas shall be provided with adequate irrigation for the maintenance of grass, shrubs, ground covering and other landscaping. An underground irrigation system shall be installed, operated and maintained to meet the intent of this Section. Such systems shall be required for all new developments and redevelopments projects. For sites proposing additions and/or expansions, an underground irrigation system shall be installed, operated and maintained to meet the intent of this Section, where physically practical and reasonable, as determined by the Planning and Zoning Commission.

11.

All landscaped areas in parking areas or adjacent to parking or loading areas, or that can be encroached upon by a motor vehicle, shall be provided with an adequate, permanent curb as approved by the Director of Public Works to restrict the destruction of the landscaped areas by vehicles. Adequate scuppers, curb breaks and/or weep holes shall be provided through the curbing to permit drainage. Alternative low-impact stormwater techniques such as pervious pavers with the use of wheel stops may be approved by the Director of Public Works.

12.

A perimeter landscaped buffer strip shall be provided and maintained at a width of not less than five (5) feet between a parking lot and the property line of abutting property. Other, more restrictive standards for yards or buffering shall govern where required by this Chapter.

13.

Plants known to be invasive in the State of Missouri shall not be permitted as provided in Section 220.020. The Department of Public Works shall maintain a list of plants known to be invasive in Missouri.

Section 405.550 Environmental Performance Standards.

[R.O. 2008 §26-64; Ord. No. 1903 §1, 11-24-1997]

Every use, activity, process or operation located or occurring in the City of Creve Coeur shall comply with the environmental performance standards prescribed in this Section and no such existing use, activity, process or operation shall be hereafter altered or modified so as to conflict with or further conflict with such environmental performance standards. If, as of the date of adoption of this Chapter, the operations of any lawful existing use violates these environmental performance standards, such operations shall not be varied or changed in any way as to increase the degree of such violation. The operation of any existing conforming use in violation of the environmental performance standards shall not in itself make such use subject to Section 405.610, Non-Conformities.

Administration and enforcement.

Whenever, in the opinion of the Zoning Administrator, there is a reasonable probability that any use or occupancy violates these environmental performance standards, he/she is hereby authorized to employ a qualified technician or technicians to perform whatever investigations and analyses as are necessary to determine whether or not they are in fact being violated.

In the event that a violation is found to exist, the violator shall be liable for the reasonable fee of the technicians employed to perform such investigations and analyses. Such fees may be recovered as a penalty in the same manner as, and in addition to, the penalties specified in Section 405.1150 of this Chapter.

If a complaint is received regarding an alleged violation of any of the provisions of this Article and the Zoning Administrator does not believe that there is a reasonable probability that such a violation actually exists, the Zoning Administrator may, as a condition precedent to further investigation, require that the complainant post an escrow deposit in the amount of two hundred dollars ($200.00) to defray the cost of employing a qualified technician or technicians to perform such investigation and analyses as may be necessary to determine whether or not such violation exists.

(1)

In the event that the complaint is substantiated, the escrow deposit shall be refunded to the depositor and the reasonable fees associated with the investigation and analyses shall be recovered in the manner provided above.

(2)

If the complaint proves unfounded, such fee shall be paid from the complainant's escrow deposit. Any remainder of such deposit shall be refunded to the complainant upon completion of the investigation.

Any violation of this Chapter shall hereby be considered as creating a public nuisance. Therefore, in addition to the enforcement procedures specified in Subsections of this Section, the regulations of Chapter 215 of the Creve Coeur City Code (Nuisances) and any other applicable Sections shall apply.

Noise. Sound levels and impulsive type noises shall comply with the St. Louis County noise standards as established and enforced by the St. Louis County Noise Abatement Office of the Department of Community Health and Medical Care.

Vibration. Earthborne vibrations shall comply with the St. Louis County standards for vibration as established and enforced by the St. Louis County noise abatement office of the Department of Community Health and Medical Care.

Toxic matter. No use shall discharge or store beyond its lot or site boundaries any toxic matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property or business.

Fire and explosion hazards.

The storage or utilization of solid materials ranging from incombustible to moderate burning is permitted.

The storage or utilization of solid materials ranging from free or active burning to intense burning is permitted provided the following conditions are met:

(1)

The materials shall be stored or utilized within completely enclosed buildings or structures having incombustible exterior walls and handled in accordance with the standards and regulations of the appropriate fire protection district and the National Fire Protection Association or its successors.

(2)

All such buildings shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the appropriate fire protection district and the National Fire Protection Association or its successors.

(3)

Such materials, if stored outdoors, shall be no closer than one hundred fifty (150) feet to the nearest lot line or in conformance with the standards and regulations of the appropriate fire protection district and the National Fire Protection Association or its successors.

The storage or utilization of flammable liquids or materials which produce flammable or explosive vapors shall be permitted in accordance with the following limitations, exclusive of storage in underground tanks and storage of finished products in original sealed containers.

(1)

Such materials or products shall be stored or utilized within completely enclosed buildings having incombustible exterior walls and handled in accordance with the standards and regulations of the appropriate fire protection district and the National Fire Protection Association or its successors and, in addition, all such buildings shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the fire protection district and the National Fire Protection Association or its successors.

(2)

The above ground storage of flammable liquids is prohibited, except as allowed by regulations of the appropriate fire protection district and the National Fire Protection Association.

(3)

The total of all flammable liquids permitted on any tract shall not exceed five thousand (5,000) gallons unless approved by the appropriate fire protection district, the Director of Community Development and the Planning and Zoning Commission.

Glare and heat. Any operation producing glare or heat shall be performed within a completely enclosed building in such manner as not to create a public nuisance or hazard beyond the boundaries of the lot on which such building is located.

Radiation hazards.

The release of radioactive gases and particulate matter shall not exceed the maximum allowable concentration permitted the general population of applicable Federal, State and local laws and regulations when measured at or beyond the lot line at ground level or habitable elevation.

No activity involving radiation hazards shall be permitted which causes exposure to persons at or beyond the lot lines in excess of the maximum allowable permitted the general population in applicable Federal, State and local laws and regulations.

Section 405.560 Residential Tree Protection And Replacement Requirements.

[Ord. No. 5809, 10-24-2022]

Purpose And Intent. It is the purpose and intent of this Section to require adequate protection of natural resources and property values in the City, and to maintain and advance the goals of the Comprehensive Plan, by providing for regulations regarding protection, removal, and the planting of trees on residential lots within the City's residential zoning districts. Nothing in this Section is intended to preclude the removal of existing trees on private property after the receipt of an initial occupancy permit.

Applicability. The provisions of this Section shall apply to lots of record that contain a permitted use as a single-family residence with construction activities that involve a new home or any increase in impervious area of fifty percent (50%) or more, including additions, and which are subject to a demolition permit, building permit, residential development permit, and/or land disturbance/site improvement permit. Lot subdivisions are governed by the provision of Chapter 410.

Tree Protection And Replacement Plan Submittal Requirements. A Tree Protection and Replacement Plan (TPRP) shall be submitted for review as part of the initial permit process, be it demolition permit, building permit, residential development permit, or other required permit application. The TPRP shall be completed by a licensed landscape architect, architect, engineer, or International Society of Arboriculture (ISA) certified arborist and include the following minimum information:

Project title listing the project name, owner name, and name and credentials of individual or firm preparing the plan.

North arrow, graphic and written scale which shall be based on the site plan showing existing and proposed grades, utility easements, new utility lines, and location of all existing and proposed improvements.

A survey of all existing trees 6-inch diameter at breast height (DBH) or greater on the property, indicating their type (botanical and common name), diameter size in inches, and whether to be removed or to remain.

Location of all trees removed in the twelve (12) months prior to the date of application, if known.

Graphic depiction showing the location and type of tree protection fencing and showing City of Creve Coeur Tree Protection Details and Standards.

Location of new trees graphically shown and keyed to a tree chart providing size (DBH), species and quantity.

Street trees as defined by Section 410.300 should be specifically marked as such separately from other trees on survey.

Tree Removal And Replacement Requirements.

Fifty percent (50%) of all existing trees in fair or better condition measuring 6-inches or greater at DBH should be retained on the lot, if feasible.

Trees removed beyond the fifty percent (50%) lot retention minimum that have 6-inches or more at DBH shall be replaced on the basis of a one-to-one ratio (1:1) based on the total number of trees removed. Trees that are more than 20-inches at DBH shall be replaced on the basis of a two-to-one ratio (2:1).

If the replacement trees as required by this Section cannot be provided on-site, due to site constraints creating a hardship documented on the TPRP and confirmed by the Zoning Administrator, a payment in lieu of tree replacement shall be made to the credit of the City's Forestry account in the General Revenue Fund. This fee shall be based upon the City's current year street tree planting cost per tree for labor and materials determined by the Public Works Department.

All replacement trees shall be a minimum of two and one-half (2.5) caliper inches in size at time of planting and shall be selected from the City of Creve Coeur's recommended tree list. Replacement trees shall be selected from the same category based on mature tree height of the tree removed to the maximum extent practicable.

Trees removed within one (1) year preceding the submittal of a permit application to the City must be documented by a dated conditions report, dated conditions photographs, and a copy of the work order with date of service submitted with the TPRP. Any tree removed within one (1) year prior to the submittal of a permit application that is not documented and approved by the City will be considered in good condition by default.

The removal of any trees that are hazardous, in poor condition, dead, diseased, or considered invasive by the Missouri Department of Conservation on private property, as determined by the TPRP, or other evidence as deemed credible by the City, is not subject to the requirements of this Section.

The installation of all trees shall be completed prior to the issuance of a final occupancy permit. Any trees that are removed at time of final inspection contrary to the approved TPRP shall be replaced in accordance with the requirements of this Section.

Street Trees shall be maintained or provided in order to meet one (1) tree per thirty (30) feet of street frontage and do not count toward the replacement of removed trees on private property.

A Final Report regarding compliance with the TPRP shall be prepared by the same person or entity who developed the TPRP before the final inspection is completed and the escrow is released. If such person or entity is not available, the Zoning Administrator may approve a substitute.

Tree Protection Requirements.

All tree protection measures depicted on the TPRP shall be installed prior to the commencement of demolition, excavation, construction, or site work and maintained throughout construction activities.

Tree protection fencing shall be installed around the dripline of each impacted tree or cluster of trees within disturbed areas.

City of Creve Coeur Tree Protection Details and Standards shall be provided on the plan and followed at all times.

Appeal Procedures. An applicant may appeal the enforcement of this Section by the Zoning Administrator through review by the Planning and Zoning Commission in the form of a minor site development plan.

Creve Coeur City Zoning Code

ARTICLE V

Section 405.540 Landscaping.

Section 405.550 Environmental Performance Standards.

Section 405.560 Residential Tree Protection And Replacement Requirements.