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Jefferson County Unincorporated
City Zoning Code

ARTICLE XIV

Landscaping, Buffers and Tree Protection

Section 400.4530 Purpose.

[Zoning Order §14.010, 4-2-2008]
A. 
The purpose of this Article is to improve the aesthetic qualities of the County and to protect and preserve the appearance, character and value of its neighborhoods and business areas by:
1. 
Providing for quality and consistency in the design of landscaping and screening;
2. 
Providing for the separation of incompatible types of land use; and
3. 
Providing for the conservation of existing trees and the planting of new trees in conjunction with the development of land.
B. 
Deviations from Sections 400.4530 through 400.4760 may be allowed by the Director subject to his/her approval of an alternate landscape, buffer or tree conservation plan. The Director shall notify the Planning and Zoning Commission of approvals granted pursuant to this Section.
[Ord. No. 20-0406, 9-29-2020]

Section 400.4540 Definitions.

[Zoning Order §14.015, 4-2-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
Unless specifically defined below, words or phrases used in this Article shall be interpreted to give them the same meaning as they have in common usage and to give this Article its most reasonable application.
BERM
A mound or embankment of earth, usually two (2) to six (6) feet in height, used to shield or buffer properties from adjoining uses, highways or noise.
BUFFER
An open and unpaved ground area around the perimeter of a tract of land that may include required screening so as to provide green space that is used to physically separate or screen one use or property from another so as to visually shield or block noise, lights or other nuisances.
CALIPER
The diameter of a tree (usually nursery stock) measured at a point six (6) inches above the ground or top of the root ball for up to and including four (4) inch caliper trees and at a point twelve (12) inches above the ground or top of root ball for larger sizes.
CRITICAL ROOT ZONE
The land area circular in shape and centered on the trunk of a tree, the radius of which circle is determined by the farthest extent of the drip line from the trunk.
DEVELOPMENT SITE
That portion of a tract of land that will be dedicated to a proposed development.
DRIP LINE
A perimeter formed by the points farthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground.
GROUND COVER
A low-growing plant, other than turf grass, that forms a continuous cover over the ground surface.
LANDSCAPE MATERIALS
Any combination of living plant materials and non-living materials, such as rock, pebbles, sand, mulch, pavers, berms, fencing, walls, fountains and other decorative materials.
LANDSCAPING
The planting of shrubs, vines, turf, ground cover and the use of other landscape materials, such as mulch, bark, decorative rock and other similar materials, that are utilized to enhance the aesthetic and functional qualities of a site.
OPAQUE
Impenetrable to view or so obscuring to view that features, buildings, structures and uses become visually indistinguishable.
PLANT MATERIALS
Living plants that include trees, shrubs, ground cover, grasses, perennial flowering plants, turf and vines that are suitable for ornamental or functional use.
SCREEN
Natural vegetation or a decorative structure that creates an opaque visual block or obscures an unattractive view. Screening may consist of any combination of the following as approved by the Director:
1. 
Fencing.
2. 
Masonry walls.
3. 
Plant materials or natural vegetation
4. 
Earthen berms.
SHADE TREE
A broadleaf tree having an average height at maturity of a least twenty (20) feet and having a broad spread relative to its height (excluding trees with pyramidal, conical or columnar crowns) and a dense canopy, so as to provide shade in the summer months.
SHRUB
A self-supporting woody plant that normally reaches a height of less than fifteen (15) feet.
SIGNIFICANT TREE
A tree in fair or better condition that has been determined by a design professional to be of a high value because of its species, size, age or other professional criteria.
1. 
A tree is considered in fair or better condition if:
a. 
Its life expectancy is greater than fifteen (15) years;
b. 
It has a relatively sound and solid trunk with no extensive decay or insect infestation.
2. 
Hardwood trees, such as oaks and hickories, that are of a twelve (12) inch caliper or more and softwood trees, such as pines and cedars, that are sixteen (16) feet in height or more and small hardwoods, such as dogwoods, redbuds or sourwoods, with calipers of six (6) inches or more shall be considered significant trees due to size.
TREE
A self-supporting woody plant that normally reaches a height of at least fifteen (15) feet.
TURF
Ground cover composed of one (1) or more species of perennial grass that is grown as a permanent lawn.
VINE
A plant that is typically woody and climbs by supporting itself on some other plant or structure.

Section 400.4570 Landscaping and Buffer Plans - When Required.

[Zoning Order §14.020, 4-2-2008]
A. 
Areas designated for landscaping and buffering shall be shown on a preliminary plat or development plan.
B. 
Detailed landscaping and buffer plans, as provided for in this Section, shall be separate from but accompany all site development plans and subdivision improvement plans for projects, provided no such plans shall be required in single-family residential projects where the smallest lot is larger than two (2) acres.
C. 
In cases where landscaping and buffer plan approval would cause an exceptional hardship, the Director may issue footing and foundation building permits for the project so that construction may proceed.
D. 
Construction beyond the footing and foundation shall not be allowed until the landscaping and buffer plan has been submitted and approved.
E. 
The provisions of this Section shall not apply to structures for which landscaping and buffer plans have previously been submitted and approved.
F. 
A landscaping and buffer plan shall only be required for that phase of development being considered for construction.

Section 400.4580 Landscaping and Buffer Plans - Requirements.

[Zoning Order §14.030, 4-2-2008]
A. 
Landscaping and buffer plans shall include a scaled drawing with the following information and a recorded deed or plat of the project:
1. 
North point and scale not to exceed one (1) inch equals one hundred (100) feet;
2. 
The location and size of all utilities on the site;
3. 
The location of all existing and proposed parking areas and sidewalks and other paved surfaces;
4. 
The location of all existing and proposed buildings and structures;
5. 
The limits of any required tree conservation area;
6. 
The limits of each required buffer or landscape strip;
7. 
The location and mature size of all landscape materials proposed to meet the requirements of this Article, drawn to scale and a planting schedule indicating plant names, quantities and size at planting;
8. 
The location of all existing tree masses to be retained; and
9. 
The location and general description of each structure proposed to meet buffering requirements.

Section 400.4590 Tree Conservation Plan.

[Zoning Order §14.040, 4-2-2008]
A. 
A full tree conservation plan shall be submitted to the Planning Division prior to any grading, bulldozing or other removal of existing vegetation that may affect existing tree coverage. The Missouri Department of Conservation, Division of Forestry may be consulted at the discretion of the Director. The full tree conservation plan shall show the following:
1. 
The extent of the development site;
2. 
Tree masses where clearing will occur;
3. 
Tree masses that will be retained in heavily wooded areas which will not be disturbed, the plan may show only the boundaries of each stand of trees;
4. 
Locations of proposed on-site underground utility lines;
5. 
Locations of other on- and off-site utility lines, indicating areas where trees cannot be planted because of interference with:
a. 
Existing or proposed utilities on public rights-of-way or on utility rights-of-way or easements, and
b. 
Existing utilities on adjoining properties;
6. 
Limits of land disturbance, clearing, grading and trenching;
7. 
Limits of tree conservation areas, showing trees to be maintained and planted, specifying type and size;
8. 
Planting schedule, if applicable;
9. 
Delineation of tree conservation area that maintains at least thirty percent (30%) of tree canopy in riparian buffer areas; and
10. 
The method of demarcation and protection of significant trees and tree conservation areas from damage, including damage caused by soil compaction or contamination, prior to commencement of, and during, land disturbance.
B. 
A preliminary tree conservation plan may be submitted for non-residential development where multiple sites will be cleared and graded for purposes of marketing vacant sites to prospects. Planting of new trees will not be required on a lot until a use is developed on that lot and locations of new trees need not be shown on the preliminary plan. The preliminary tree protection plan shall show the following:
1. 
The extent of the development site;
2. 
Limits of land disturbance, clearing, grading and trenching;
3. 
All significant trees to be removed and all other trees ten (10) inch caliper or larger to be removed;
4. 
Grade changes or other work adjacent to a significant tree or any other tree ten (10) inch caliper or larger that would affect it adversely, with drawings or descriptions as to how the grade, drainage and aeration will be maintained around the tree;
5. 
Trees that will be required on the lot when it is developed, calculated by subtracting one-third (1/3) of the lot area as assumed building area; and
6. 
Removal of significant trees and other trees ten (10) inch caliper or larger shall be permitted only in conjunction with an approved preliminary tree conservation plan, an approved grading plan and actual grading of building pads (i.e., not simply to clear the lot).

Section 400.4600 Acceptable Plant Materials.

[Zoning Order §14.050, 4-2-2008]
A. 
The following are the minimum plant sizes and conditions to be used in satisfying the requirements of this Article. Acceptable plant materials for landscaping, buffers and tree replacement shall be as approved by the Director.
1. 
Medium shrubs, eighteen (18) to twenty-four (24) inch balled and burlapped or two (2) gallon container.
2. 
Large shrubs, twenty-four (24) to thirty (30) inch balled and burlapped or five (5) gallon container.
3. 
Ground cover, two and one-half (2½) inch peat pot.
4. 
Deciduous trees shall be a minimum of two and one-half (2.5) inch caliper, measured at a point six (6) inches above the ground or top of the root ball, at planting.
5. 
Evergreen trees shall be a minimum height of six (6) feet at planting.
B. 
The American Standard for Nursery Stock, published by the American Association for Nurserymen, shall be the standard reference for the determination of plant standards. Publications of the University Extension, University of Missouri System, the Missouri Department of Conservation and other authorities acceptable to the Director also may be used.
C. 
Existing trees and/or shrubs that are to be retained to satisfy the requirements of this Article shall meet the following standards.
1. 
Evergreen trees shall be at least five (5) feet in height.
2. 
Deciduous trees shall be a minimum of a one and one-half (1.5) inch caliper.
3. 
Trees shall be free from mechanical injuries, insect infestations and disease.
4. 
Trees shall be protected from injury to roots, trunks and branches during grading and construction. Protective fencing, tree wells or retaining walls shall be utilized, where necessary, to ensure tree vigor upon completion of construction.
5. 
Shrubs that meet acceptable sizes, per Section 400.4600(A), and are free from injury and disease may be counted toward the requirements of this Article.

Section 400.4610 Approval of Plant Materials.

[Zoning Order §14.060, 4-2-2008; Ord. No. 20-0406, 9-29-2020]
A. 
A landscape plan shall be submitted by a design professional in the field documenting that the use of a specific landscaping or buffer material that is proposed is appropriate for:
1. 
The specific location, given surrounding land uses and the type of screening used on nearby properties; and
2. 
The specific topography, soil, existing vegetation and other factors that may influence the effectiveness of a plant material.
3. 
(Reserved)

Section 400.4620 Installation of Plant Materials.

[Zoning Order §14.070, 4-2-2008]
A. 
Plant materials, as required by the provisions of this Article, shall be installed by the date specified on the approved landscaping and buffer plan. The Director may allow one (1) planting season in a twelve (12) month period in which the installation of plant materials shall be completed.
B. 
The installation of buffers shall be either guaranteed or completed before a certificate of occupancy permit will be granted.

Section 400.4650 Landscaping - Minimum Requirements.

[Zoning Order §14.080, 4-2-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
A. 
Street Frontage.
1. 
One (1) tree shall be planted for each fifty (50) feet of street frontage, public or private, within the landscaped setback abutting the street frontage with respect to development in the "PM" District. In all other districts, one (1) tree shall be planted for every seventy-five (75) feet of such street frontage. These trees may be clustered or arranged within the setback, if approved as part of the landscape plan. The street trees must be within the closest twenty (20) foot wide strip (outside of the right-of-way) along the street frontage, except where the building setback is less than twenty (20) feet.
2. 
In commercial and industrial districts, any parking or loading area visible from a street shall be separated from the street right-of way with a landscape strip at least twenty (20) feet wide.
3. 
One (1) shrub shall be provided for each twenty (20) feet of street frontage or portion thereof within the landscaped setback abutting this frontage. These shrubs may be clustered or arranged within the setback.
4. 
There should be no more than four hundred (400) feet between clusters.
B. 
Open Yard Areas.
1. 
In addition to street frontage requirements, the minimum open yard area landscaping requirements shall be two (2) shrubs per five thousand (5,000) square feet of total lot area (except for tracts of land for which this Article imposes no yard requirements and permits one hundred percent (100%) coverage of the lot by buildings), excluding building footprint area. For schools and churches/places of worship, large sports/play fields and other areas specifically open to the public for use, i.e., tennis courts, paved play areas, paved parking lots, etc., shall be excluded in the calculation of this requirement.
2. 
All portions of the site not covered with paving or buildings may be landscaped or left in a natural state in accordance with an approved landscape plan. Provision shall be made for open areas not planted with materials to be covered with vegetative growth. Ground cover may be utilized on all slopes in excess of 3:1.
3. 
In addition to the trees required based upon street frontage, additional trees shall be required at a ratio of one (1) tree for every five thousand (5,000) square feet of lot area not covered by buildings/structures. For schools and churches/places of worship, large open sports/play fields may be excluded in the calculation of lot area. The remaining open space shall be applied to the ratio for tree planting as stated herein.
4. 
When a site has existing trees that will remain, those trees may be identified and substituted for the open yard area as required by this Section.
[Ord. No. 23-0177, 3-30-2023]
C. 
Trash Storage Containers. A detailed drawing of enclosure and screening methods to be used in connection with trash storage containers on the property shall be included with the landscaping plan. (See Article VII, Division 7.)
D. 
Means Of Relief. The Director may allow deviations from this Section on the basis of evidence that the site conditions make compliance unreasonably difficult.

Section 400.4660 Landscape Strips Along Street Frontage.

[Zoning Order §14.090, 4-2-2008]
A. 
Frontage landscape strips shall contain no structures, parking areas, patios or stormwater detention facilities, unless included in the landscape plan as an amenity, except for the following:
1. 
Retaining walls or earthen berms constructed as part of an overall landscape design;
2. 
Pedestrian-oriented facilities, such as sidewalks and bus stops;
3. 
Underground utilities;
4. 
Driveways required for access to the property; or
5. 
Signs otherwise permitted by this Article.
B. 
All portions of a frontage landscape strip shall be planted in trees, shrubs, grass or ground cover, except for those ground areas that are mulched or covered by permitted structures.
C. 
Plant materials in the frontage landscape strip are not to extend into a right-of-way maintained by the Missouri Department of Transportation or Jefferson County, unless specifically allowed by the respective controlling agency.

Section 400.4690 Parking Lot Landscaping and Trees.

[Zoning Order §14.100, 4-2-2008; Ord. No. 11-12-2008A §§1 — 2(14.100), 11-12-2008]
A. 
Deciduous shade trees shall be provided within any parking lot designed or intended to accommodate thirty (30) cars or more in accordance with the requirements of this Section.
[Ord. No. 23-0177, 3-30-2023]
1. 
Landscape islands, strips or other planting areas shall be located within the parking lot and shall constitute at least five percent (5%) of the entire area devoted to parking spaces, aisles and driveways. Every four (4) aisles of parking shall include a landscape island of at least ten (10) feet in width.
2. 
As a minimum, a landscaping island shall be located at the end of every parking bay between the last parking space and an adjacent travel aisle or driveway. The island shall be no less than nine (9) feet wide for at least one-half (½) the length of the adjacent parking space. The island shall be planted in trees, shrubs, grass or ground cover, except for those areas that are mulched.
3. 
Tree planting areas shall be no less than nine (9) feet in width. No tree shall be located less than four (4) feet from the back of curb. All parking lot landscape islands, strips or other planting areas shall be curbed with minimum six (6) inch high curbs of the type required by this Article or other regulations for parking areas.
4. 
Planting requirements: See Section 400.4650 of this Article.

Section 400.4700 Screening, Parking Lot.

[Zoning Order §14.110, 4-2-2008; Ord. No. 11-12-2008A §§1 — 2(14.110), 11-12-2008]
A. 
For any parking lot designed or intended to accommodate fifty (50) cars or more and any area set aside for loading or unloading of trucks or vans, if such parking lot or loading area is visible from a street right-of-way, a visual screen shall be provided as required below.
1. 
Screening to a height of two and one-half (2.5) feet must be provided along the edge of the parking lot or loading area closest to and parallel to the street. A driveway to the parking lot or loading area may interrupt the screening. Landscaping in accordance with Section 400.4760(3) Low Impact Screening shall be provided.
2. 
The street-side screening treatment may be located within the landscape strip required under this Article along the front yard of the property.
3. 
Berming and/or screening shall not encroach into the required sight triangle of streets or access drives.

Section 400.4730 Buffer/Screen - Where Required.

[Zoning Order §14.120, 4-2-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
A. 
Buffer/screen between developments of differing land uses adjoining one another or separated from one another by only a street or alley shall comply with Table 14-1 Buffer/Screen Impact. The intensity of the required buffer/screen is established according to the intensity of the abutting uses, i.e., retail development adjacent to or across the street from a residential use or development requires a more intense buffer/screen than would retail adjacent to or across from office use, etc.
B. 
If a single-family subdivision is proposed adjacent to a previously approved or built, but separate single-family subdivision and the average minimum lot size of the new lots is two and one-half (2.5) times or more smaller than the average minimum lot size of the existing subdivision, the proposed subdivision shall contain a low-impact buffer/screen along the periphery adjacent to the previously approved or built subdivision. (See Section 400.4750, Table 14-1.)
C. 
Residential structures permitted in the "RA-5", "LR-2", "R-40", "R-20", "R-10", and "R-7" zone districts on a single parcel are exempt from the screening and buffering requirements of Table 14-1.
[Ord. No. 16-0100 §2, 1-4-2016]
Table 14-1. Buffer/Screen Impact
(Adjacent Zone District in columns and Subject Property Zone District in rows)
RA-5
LR-2
R-40
R-20
R-10
R-7
PR-1
PR-2
NC-1
CC-2
PC
PB
PI
PM
RA-5
*
*
*
*
*
*
L
M
M
H
H
H
H
**
LR-2
*
*
*
*
*
*
L
M
M
H
H
H
H
**
R-40
*
*
*
*
*
*
L
M
M
H
H
H
H
**
R-20
*
*
*
*
*
*
L
M
M
M
H
H
H
**
R-10
*
*
*
*
*
*
L
M
M
M
H
H
H
**
R-7
*
*
*
*
*
*
L
M
M
M
H
H
H
**
PR-1
L
L
L
L
L
L
M
M
M
M
H
H
**
PR-2
M
M
M
M
M
M
M
M
M
M
H
H
**
NC-1
M
M
M
M
M
M
M
M
L
M
**
CC-2
H
H
H
M
M
M
M
M
L
M
**
PC
H
H
H
H
H
H
M
M
L
M
**
PB
H
H
H
H
H
H
H
H
L
L
L
L
**
NPI
H
H
H
H
H
H
H
H
M
M
M
L
M
PI
H
H
H
H
H
H
H
H
M
M
M
L
**
PM
**
**
**
**
**
**
**
**
**
**
**
**
**
**
H
High Impact Screening
M
Medium Impact Screening
L
Low Impact Screening
*
If average lot size of a proposed development is 2.5 times (or more) smaller than the adjoining previously approved built development or a non-residential use is proposed in a residential district, a low impact screen shall be provided. (See also Sections 400.4730 and 400.4760).
**
Per approved plan

Section 400.4740 Buffer Design Standards.

[Zoning Order §14.130, 4-2-2008; Ord. No. 07-30-2008A §§1 — 2(14.130), 7-30-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
A. 
General. Buffer areas shall contain no driveways, parking areas, patios or any other structures or accessory uses, except for a fence, wall or earthen berm constructed to provide the visual screening required to meet the standards of this Article. Underground utilities may be permitted to cross a buffer if the screening standards of this Article will be subsequently achieved. Required vehicular access through a buffer may be allowed as a condition of preliminary development plan approval.
B. 
Width Of Buffer.
1. 
Side lot line. Buffers required along any side lot line shall be no less than twenty (20) feet or as approved by the Planning and Zoning Commission. This buffer may be reduced to ten (10) feet when a non-residential use abuts another non-residential use.
2. 
Rear lot line. Buffers required along any rear lot line shall be no less than twenty (20) feet or as approved by the Planning and Zoning Commission. This buffer may be reduced to ten (10) feet when a non-residential use abuts another non-residential use.
C. 
Maintenance. Every buffer required by this Article shall be located in a recorded buffer or conservation easement and shall be maintained by the owner of the property or grantee as stated in the easement, where the buffer is located to provide the visual screen at the opacity identified. The document number as issued by the Recorder of Deeds Office for the recorded buffer or conservation easement shall be submitted to the County.
D. 
Buffer Modifications. If a buffer with landscaping is provided that creates an opaque screen to a height of no less than eight (8) feet, instead of six (6) feet, the buffer may be reduced to a width of no less than ten (10) feet.

Section 400.4750 Minimum Screen Requirements.

[Zoning Order §14.140, 4-2-2008; Ord. No. 07-30-2008A §§1 — 2(14.140), 7-30-2008; Ord. No. 11-12-2008A §§1 — 2(14.140), 11-12-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
A. 
A screen required by this Article shall meet the following criteria:
1. 
Natural screen. Natural screen may contain deciduous or perennial vegetation, but shall contain evergreen shrubs and trees suitable to local growing conditions that will provide an opaque visual screen during all seasons of the year.
2. 
Minimum required screening.
a. 
Minimum required screening shall conform to Table 14.1 depending on the impact identified or as required in this Section. Structural screening (high impact screening) shall meet the height required when installed. Planted materials (trees and shrubs) shall meet the expected opacity within two (2) growing seasons.
b. 
Screening options.
(1) 
Six (6) foot masonry wall.
(2) 
Six (6) foot opaque vinyl or wood fence.
(3) 
Earth berms.
(4) 
Plant material.
3. 
Structural screening. Structural screening shall meet the following criteria:
a. 
Structural screening shall be vegetated throughout the minimum area required for the buffer around any fences or walls and upon any earthen berms, which may include grass, ground covers, shrubs, and trees.
b. 
All earthen berms shall have a maximum side slope of three (3) horizontal to one (1) vertical (3:1). Earthen berms shall not be constructed within the drip line of any existing trees that will remain on the property.
c. 
Trees shall be located or planted within any structural screening at a density of no less than one (1) tree for each thirty (30) feet of buffer length or portion thereof. A lesser density may be allowed as a condition of development plan approval upon the recommendation of the Director. New trees shall have a caliper of no less than three (3) inches upon planting and may be clustered for decorative effect, following professional landscaping standards for spacing, location, and design.
d. 
Fences and freestanding walls shall present a finished and decorative appearance to the abutting property. Where a fence or wall is set back from the property line, shrubs, ground covers, or other vegetation shall be provided between the fence or wall and the property line to provide a decorative effect, following professional landscaping standards for spacing, location and design.
4. 
Examples of screening. The accompanying illustration provides examples of natural and structural screening. Typical screens are provided in the examples following Table 14.1 for low, medium and high impact screening.

Section 400.4760 Required Typical Impact Screens.

[Zoning Order §14.150, 4-2-2008; Ord. No. 11-12-2008A §§1 — 2(14.150), 11-12-2008]
A. 
The following impact screens shall be required between any district as identified in Table 14.1 in which the perspective development is located and adjacent to or across from.
1. 
High impact screening (H). A one hundred percent (100%) opaque screen between land uses that are dissimilar in character. When the proposed plan is considered to have a high impact on surrounding properties or the adjacent property is considered to have an adverse impact, both of the following shall be installed:
a. 
A six (6) foot high masonry wall or opaque vinyl fence; and
b. 
Low impact screening shall be planted on the exterior side of the wall or the fence.
2. 
Medium impact screening (M). A seventy percent (70%) semi-opaque screen between land uses that are dissimilar in character. Semi-opaque screening should partially block views from adjoining land uses and create a separation between the adjoining land uses. For medium impact screening, either a landscape screen or fencing is required. A medium impact landscape screen must meet one (1) of the following screening options:
3. 
Low impact screening (L). An open screen between relatively similar land uses. Open screening shall provide an attractive separation between land uses. A low impact landscape screen must portray one (1) of the following screening options: