When a use or accessory use is not specifically listed in the sections devoted to “Uses Permitted”, it shall be assumed that such uses are expressly prohibited unless by a written decision of the Village Board it is determined that said use is similar to and is compatible with the uses listed and is expressly included as a use permitted in a zoning district.

(`92 Code, § 40-4-1)

   All buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks, and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other codes of the village (as provided in § 156.089).

(`92 Code, § 40-4-2)

   The maintenance of yards, courts, and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts, or other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space, or minimum lot area requirements for any other buildings.

(`92 Code, § 40-4-3)

   No improved zoning lot shall hereafter be divided into two or more zoning lots unless all improved zoning lots resulting from each such division shall conform with all the applicable regulations of the zoning district in which the property is located.

(`92 Code, § 40-4-4)

   No accessory building shall be used for residential purposes except as otherwise provided in this chapter.

(`92 Code, § 40-4-5)

   All yards, courts, and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group unless otherwise specifically provided for herein.

(`92 Code, § 40-4-6)

   No yards now or hereafter provided for a building existing on the effective date of this chapter shall subsequently be reduced below, or further reduced below if already less than, the minimum yard requirements of this chapter for equivalent new construction.

(`92 Code, § 40-4-7)

   No part of an area, frontage, or yard required for any lot, building, or use for the purpose of complying with the provisions of this chapter shall be included as an area, frontage or yard for another lot, building or use. Except as otherwise specifically provided in this chapter, only one principal building shall be permitted on a lot.

(`92 Code, § 40-4-8)

   For any through lot, both frontages shall comply with the front yard requirements of the district in which it is located.

(`92 Code, § 40-4-9)

   Any lot in any district shall have minimum frontage abutting a public street the width of which shall be the greater of:

   (A)   Forty feet; or

   (B)   The width of the building located on the lot.

(`92 Code, § 40-4-10)

   (A)   Any lot shall be properly graded for drainage and maintained in good condition, free from trash and debris.

   (B)   Noise emanating from any use shall not be of such volume or frequency as to be unreasonably offensive at or beyond the property line. Unreasonably offensive noises, due to intermittence, beat frequency, or shrillness shall be snuffled so as not to become a nuisance to adjacent uses.

   (C)   No obnoxious, toxic, corrosive or radioactive matter, smoke, fumes or gases shall be discharged across the boundaries of any lot in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or to cause injury or damage to property or business.

(`92 Code, § 40-4-11)

   No temporary structure (including travel trailers or mobile homes) shall be used or occupied for any residential, commercial or industrial use except as specifically permitted or required by this chapter. However, the Board of Zoning Appeals may, upon application therefor, permit the use of such temporary structure for such reasonable time and for such use as the Board deems to be compatible with the character of the area in which the structure is located, and in compliance with reasonable consideration of the general health, safety and welfare.

(`92 Code, § 40-4-12)

   When two or more parcels of land, each of which lacks adequate area and/or minimum dimensions to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous, and are held in one ownership, they shall be used as one zoning lot for such use.

(`92 Code, § 40-4-13)

   In any district where individual sewage systems are used in place of public sewage facilities, the minimum lot area width and depth shall be subject to approval of the Village Board of Trustees, but shall not be less than required for the district in which the use is to be located or less than one acre in area, whichever is greater; or have less frontage than 125 feet. When doubt exists with the Village Board as to the adequacy of the soil structure of the lot to properly accommodate an individual sewage system, the Village Board may require the property owner to obtain an opinion from a registered engineer as to the size of lot required for an individual sewage system to operate on the lot according to safe health standards. If the findings of the engineer indicate that larger lots are necessary, the Village Board may require a lot size in excess of the minimum area defined previously in this section.

(`92 Code, § 40-4-14)

   The height limitations of this chapter shall not apply to church spires, belfries, cupolas, penthouses or domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, silos, parapet walls, cornices without windows, antennas, necessary mechanical appurtenances usually carried above the roof level or to public buildings or structures located more than one foot horizontally from the property line for each foot of building height.

(`92 Code, § 40-4-15)

   Subject to the requirements that there be a minimum distance of six feet between any point on a principal building and any point on any principal building on an adjacent lot, the following exceptions shall apply:

   (A)   Cornices, chimneys, planters, or other similar architectural features may extend two feet into a required yard.

   (B)   Open, unenclosed, uncovered porches at ground level may extend into a required yard not more than six feet.

   (C)   Fire escapes may extend into a required yard not more than four feet.

   (D)   Patios extending into required rear yards may be covered by a roof, but shall not be enclosed by walls.

   (E)   Canopies, eaves, balconies, roof overhangs or other similar features, not included in the foregoing parts of this section, may extend into a required yard not more than four feet.

   (F)   Average front yard exception: Except as otherwise provided in this section regarding yards adjoining “arterial” or “collector streets”, in all SR and MR Districts, where lots comprising 50% or more of the frontage on one side of a street between intersecting streets are developed with buildings having an average front yard with a variation of not more than ten feet, the average front yard of such buildings shall be the minimum required, provided such an average requirement is not less than 20 feet or more than 35 feet.

(`92 Code, § 40-4-16)

   Public utility transmission and distribution facilities may be exempt from minimum rear yard requirements, except as provided for each Zoning District. (See § 156.055)

(`92 Code, § 40-4-17)

   (A)   Generally. This section contains the performance standards and regulations pertaining to the landscape elements of residential, commercial, and industrial properties, requirements for the provision of trees along public rights-of-way, maintenance requirements for trees and other landscape components adjacent to public rights-of-way, and administration and enforcement of these regulations.

   (B)   Purpose. The purpose of this section is to establish minimum standards for the provision, installation, maintenance, and removal of landscape plantings in order to achieve a healthy, visually pleasing, and safe community by the following means:

      (1)   Preservation of vegetation. Preserve existing natural vegetation and the incorporation of native plants, plant communities, and ecosystems into landscape design, where possible.

      (2)   Aesthetics. Improve the appearance of all areas through the incorporation of open space into development in ways that harmonize and enhance the natural and built environment.

      (3)   Land values. Maintain and increase the value of land by requiring landscape improvements to be incorporated into development, thus becoming by itself a valuable capital asset.

      (4)   Human values. Provide direct and important physical and psychological benefits to human beings through the use of landscape materials to reduce noise and glare, to provide visual diversity and seasonal interest, and visually soften the harsher aspects of urban development.

      (5)   Improved design. Promote innovative and cost-conscious approaches to the design, installation, and maintenance of landscaping, encouraging water and energy conservation.

      (6)   Improved administration and enforcement. Establish procedures, standards, and qualified staff for the administration and enforcement of this chapter.

   (C)   Definitions. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

      BUFFER, PERIMETER LANDSCAPE. A continuous area of land set aside along the perimeter of a lot in which plant materials may be used to provide a transition between and to reduce the environmental, aesthetic, and other impacts of one type of land use upon another.

      CANOPY TREE. A self-supporting woody plant or species normally growing to a mature height of not less than 20 feet and a mature spread of not less than 15 feet in the St. Louis metropolitan area. Clusters or more than one tree may be used when it is demonstrated to the Planning Commission that the grouping of trees will, at maturity, surpass the 15 foot diameter requirement and that the grouping of trees is suitable for the proposed location.

      CULTIVATED LANDSCAPE AREA. Planted areas that receive routine maintenance such as mowing, irrigating, pruning, fertilizing, etc.

      DEVELOPMENT. Any proposed material change in the use or character of the land, including, but not limited to, land clearing or the placement of any structure or site improvements on the land.

      DRIP LINE. A vertical line extending from the outermost branch tips of a tree perpendicular to the finished grade.

      GROUND COVER. Plants, other than turf grass, normally reaching an average maximum height of not more than 24 inches to maturity.

      HEDGE. A landscape barrier consisting of a continuous, dense planting of woody vegetation which may be either composed of trees or shrubs.

      INCOMPATIBILITY OF LAND USES. An issue arising from the proximity or direct association of contradictory, incongruous, or discordant land uses or activities, including the impacts of noise, vibration, smoke, odors, toxic matter, radiation, and similar environmental conditions.

      IRRIGATION SYSTEM. A permanent, artificial watering system installed below grade designed to transport and distribute controlled amounts of water to plants.

      LANDSCAPE AMENITIES. Any combination of non-living landscape material such as rocks, pebbles, sand, mulch, walls, fences or decorative paving materials.

      LANDSCAPE PLANTINGS. Any combination of living plants such as grass, ground cover, shrubs, vines, hedges, or trees.

      MULCH. Non-living organic and synthetic materials customarily used in landscaping designed to retain moisture, stabilize soil temperatures, control weed growth, and retard erosion.

      PLANT COMMUNITY. A natural association of plants that are dominated by one or more prominent species, or a characteristic physical attribute.

      SHRUB. A self-supporting woody perennial plant of low to medium height characterized by multiple stems and branches continuous from the base, usually not more than ten feet in height at its maturity.

      SITE SPECIFIC PLANTING. The selection of plant materials which are particularly well suited to withstand macro and micro climate conditions that are specific to that location.

      SUBSTANTIAL CHANGE IN LAND USE.

         (a)   A change in land use that increases the intensity of land use; or

         (b)   A change in land use that creates an incompatibility or increases the incompatibility of adjacent land uses; or

         (c)   An increase in the total floor area of multiple dwellings or nonresidential buildings that results in increased traffic generation.

      TOPPING. The severe cutting back of limbs to stubs larger than three inches in diameter with the tree’s crown to such degree so as to distort the normal canopy shape thus disfiguring the tree.

      UNDERSTORY PLANT MATERIAL. Assemblages of natural low-level woody, herbaceous, and ground cover species which exist in the area below the canopy of the trees.

      UNDERSTORY TREE. Any self-supporting woody perennial plant which has a diameter at breast height (DBH) of two inches or more and which normally attains an overall height of at least 15 feet at maturity, usually with one main stem or trunk and many branches. It may appear to have several stems or trunks in several species.

      VIABLE. When referring to a tree, shrub, or other type of plant, is a plant that, in the judgment of the Building and Zoning Administrator or his or her designated representative, is capable of sustaining its own life processes, unaided by man, for a reasonable period of time.

   (D)   Applicability. Except as otherwise specifically provided for herein, this subchapter shall apply to new property development, any cumulative permitted landscaping renovation in excess of 20%, and maintenance of existing trees and landscaping on existing individual lots in the B-1 and B-2 districts; and to the installation, maintenance, and/or replacement of trees in public rights-of-way in all zoning districts. No permit shall be issued as provided for herein in violation of the regulations set forth herein.

   (E)   Conflicts. If the provisions of this subchapter conflict with other sections of this chapter or other ordinances or regulations, the more stringent limitation or requirement shall govern or prevail to the extent of the conflict.

   (F)   Landscape design standards. The following standards shall be considered the minimum requirements for the installation of all plant materials within the village on existing lots within the MR-1, MR-2, B-1 and B-2 districts and within public rights of-way in all zoning districts.

      (1)   Minimum tree and shrub planting or preservation requirements.

         (a)   General. Trees shall not be placed where they interfere with site drainage or where they shall require frequent pruning in order to avoid interference with overhead power lines. A minimum of 75% of all required trees shall be canopy trees.

         (b)   Acceptable tree species, cultivars, or varieties. In order to protect the village’s existing trees from disease and to ensure that the species and varieties of trees which are planted will grow and be healthy, trees planted on existing sites and in conjunction with new developments within the MR-1, MR-2, B-1, and B-2 districts and within public rights-of-way within all zoning districts shall be of the species, cultivars, or varieties listed in the tables below (except where specific exceptions are noted in a table). The species, cultivar, and/or variety which are listed in Table 4 are not acceptable for planting within the public rights-of-way due to a variety of factors such as susceptibility to salt damage, potential for providing a traffic visual hazard, susceptibility to disease, potential for growth into right-of-way, etc.

 

 

 

 

 

      (c)   Undesirable tree species, cultivars, or varieties. In order to protect the village’s existing trees from disease, to ensure that the species and varieties of trees which are planted will grow and be healthy, will be resistant to storms, and do not provide other undesirable effects, the trees listed below in Table 5 shall not be planted on existing sites and in conjunction with new developments within the MR-1, MR-2, B-1, and B-2 districts and within public rights-of-way within all zoning districts, except upon the approval of the Planning and Zoning Commission in special locations where because of characteristics of adaptability or landscape effect they can be used to public advantage and will not create a detriment to adjoining property or the trees thereon.

 

      (2)   Standards for landscape materials.

         (a)   Tree planting standards. Immediately upon planting all trees shall conform to the American Association of Nurserymen Standards and have the following characteristics:

            1.   In all MR-1, MR-2, B-1 and B-2 districts, all medium to large canopy trees shall be a minimum of 12 feet in height and shall have a minimum caliper of three inches.

            2.   All understory trees shall be at least five feet in height, except where they are fulfilling the requirement as a landscape buffer as provided for in this subchapter in which case they shall be a minimum of eight feet in height. Deciduous small trees shall have a minimum caliper of two inches, a minimum height of ten feet, and have not less than eight branches on the upper half of the trunk.

            3.   Tree species mix: When more than ten trees are to be planted to meet the requirements of this subchapter, a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted. Species shall be planted in proportion to the mix.

            4.   On a corner lot in any district, development shall conform to the requirements of a sight distance triangle in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two feet and ten feet above the rides at the back of the curb of the intersecting streets, within the triangular area formed by the right-of-way lines and a line connecting them at points 40 feet from their point of intersection or at equivalent points on private streets, except that the site distance triangle may be increased when deemed necessary for traffic safety the Building and Zoning Administrator.

            5.   Only medium deciduous trees shall be acceptable for planting in public rights-of- way in all zoning districts where the planting area between the curb or edge of the roadway pavement and the edge of the sidewalk is limited to a width of between four and five feet. In all zoning districts where the planting area between the curb or edge of the roadway pavement and the edge of the sidewalk is greater than five feet, both medium and large deciduous trees shall be acceptable for planting. In instances where deciduous trees of either medium or large size are likely to cause interference with overhead utility wires, understory deciduous trees will be acceptable for planting.

            6.   Except as otherwise provided for herein, a five foot buffer consisting of landscape plantings shall be required in side yards in all zoning districts.

            7.   No tree shall be planted closer than 40 feet of any street corner, measured from the point of nearest intersecting curbs or curb-lines or within ten feet of any fire hydrant.

         (b)   Plant material installation standards. The following standards shall apply to all landscape installation projects subject to regulation by this Article and this chapter:

            1.   Soil utilized for the growing medium of plant materials shall be friable, well- drained, local soil, capable of sustaining plant life. Areas which have been compacted by construction activities shall be thoroughly cultivated to the full depth of the compaction. Soil utilized for planting within these areas may be existing soil, provided it is friable, well-drained, free of construction debris including, but not limited to, scrap wood, trash, chemical/oil spills, excess paving materials, crushed rock, sand, natural site stones greater than one-inch mortar, and all other non-soil materials.

            2.   Organic mulches shall be used to reduce the growth of weeds, add nutrients to the soil, and retain moisture over the root zones of plant materials. When appropriate, a minimum of three inches of organic mulch shall be placed beneath all newly installed tree, shrub, and ground cover planting areas. At no time shall rock of any size or variety be placed around any existing or newly planted tree located in a public right-of-way.

            3.   The top four inches of the lawn bed for all areas to be seeded or sodded shall be topsoil. Topsoil shall be brought on-site from a local commercial source.

         (c)   The following standards shall apply to all B-1 and B-2 districts:

            1.   Any part of a lot area not used for buildings or other structures or for parking, loading, or access ways, shall be landscaped with grass, ground cover, trees, shrubs, and pedestrian walks in accordance with the following provisions:

            2.   A planting strip of ten feet (not including sidewalks) shall be provided and maintained within the required 30 foot front yard and shall separate vehicular parking and drive areas from any public or private street or right-of-way.

            3.   For all off-street parking areas the following standards shall apply:

               a.   There shall be one three-inch caliper canopy tree existing or planted for every ten parking spaces located within planting islands meeting the standards prescribed herein. Each planting island area shall be a minimum of 90 square feet in area and shall contain at least one deciduous canopy tree of a type and size and type required herein. There shall be a minimum of two trees, within and up to, every 100 linear feet of parking for each parking row. Such trees shall be spaced evenly wherever possible and the ends of parking rows abutting a circulation aisle shall be defined by a planting island wherever feasible. These canopy trees and any associated planting islands areas shall be protected from vehicular encroachment by non-mountable, reinforced concrete curbing of a type specified by the Building and Zoning Administrator. The use of unreinforced extruded curbing of asphalt or other materials shall be prohibited.

               b.   In addition to any landscaped front, back or side yard areas or planting islands required by this subchapter, for any parking area containing more than five spaces, a minimum of 20 square feet of interior landscaped area shall a provided within the parking lot for each parking space. Landscape areas shall be uniformly distributed in one or more areas so as to minimize and reduce the apparent size of parking areas.

               c.   Planting islands that are parallel to parking spaces should be a minimum of nine feet wide.

               d.   Where planting islands are perpendicular to parking spaces, islands should be a minimum of eight feet wide to allow for overhang of parked cars. If parking is only on one side of the island, an eight foot width is still required.

               e.   In instances where vehicle parking occurs perpendicular or parallel to parking islands, no landscape plantings other than grass shall be installed within 42 inches of the back of the curb.

               f.   Seventy-five percent of the canopy trees required in § 156.092(F) shall be located within the paved area, and the remaining canopy trees shall be located in the front yards but in any event the number of trees to be provided in the required front yard shall not be less the equivalent of one tree for every 50 feet of frontage along any public or private street. In complying with the front yard requirement and in order to maintain views into the site, the required number of canopy trees may be clustered at site corners, entry islands or other appropriate locations along the frontage. The canopy trees of the variety specified in § 156.092(F) shall be counted in determining compliance with this provision.

               g.   No landscape hedge, bushes, shrubs, or other low-growing plant material, wall, or berm shall exceed three feet in height within ten feet of any driveway opening.

         (d)   Screening of mechanical equipment, trash, and loading area is required. All mechanical equipment, trash receptacles, storage of materials and equipment shall be within a fully enclosed building or in a side or rear yard to screened by berms, dense vegetative plantings, wooden fences, or brick walls, or combinations of these materials at least eight feet in height so that said materials and equipment are not visible at the grade of the nearest adjacent street and/or adjoining property lines. Roof-mounted mechanical equipment shall also be screened so that it is not visible from the street or on-site parking areas or adjacent residential properties. Materials used to screen such roof-mounted mechanical equipment shall be of a type which is complimentary to the building architecture.

         (e)   Where any parcel abuts any residential district or development, a 50 foot perimeter landscape buffer shall be provided and maintained along all rear and side property lines where it abuts the residential district or development. The buffer area shall contain evergreen plant material with a minimum height of eight feet, planted in such a manner to achieve an effective spacing of six foot on center. The berm shall not exceed a slope of 30 degrees and shall be completely covered with shrubs, grass, or other living ground cover in addition to the evergreen plant material specified herein.

         (f)   All disturbed soil on the site that is not to be covered by buildings, parking and loading areas, and driveways, and which is not subject to other landscape treatment in accord with an approved site plan, shall be graded in accord with said site plan and covered with sod.

      (3)   In the B-1 and B-2 districts, in order to present a healthy and visually appealing appearance, landscaped areas shall be provided with adequate irrigation for the maintenance of grass, shrubs, ground cover and other plant materials by utilizing a sprinkler system, hose bibs, and/or such other method of providing water.

      (4)   The following standards shall apply to all MR-1, MR-2 and PD-R districts:

         (a)   In circumstances where existing parcels meeting the standard prescribed in § 156.092(F) become nonconforming as a result of the loss of a canopy tree due to storm damage, disease, or other means, the nonconforming condition shall be corrected as soon as weather and planting conditions permit. In such instances where public right-of-way is involved, the village shall be responsible for correcting the non-conforming condition (except in instances where the property owner has caused or condoned the damage). In such instances where private right-of-way is involved, the property owner shall be responsible for correcting the non-conforming condition. Any tree which replaces an existing tree shall be selected and installed in accordance with the standards provided for in this subchapter.

         (b)   On parcels where no sidewalk exists, the required canopy trees shall be planted in an area not more than four feet nor less than three feet from the back of the curb or street edge. However, in no event shall a tree be planted where the clear space between the curb and the sidewalk is less than four feet, except where special permission is obtained from the Building and Zoning Administrator or his or her designated representative.

         (c)   On private property, no tree of any type shall be planted within five feet of the right-of- way of any public street.

   (G)   Maintenance standards for trees and cultivated landscape areas. The following standards shall apply in the maintenance of cultivated landscape areas as defined in this Article which are located within B-1 and B-2 districts and in public rights-of-way in all zoning districts unless otherwise specifically stated:

      (1)   General. The owner or assigns of land shall be responsible for the maintenance of the areas of said land subject to this Article in good condition so as to present a healthy, neat, and orderly landscape area and healthy trees.

      (2)   All required plants shall be maintained in a healthy, pest-free condition. Within six months of a determination by the Building and Zoning Administrator or his or her designated representative that a plant is dead or severely damaged or diseased, the plant shall be replaced by the property owner or owners in accordance with the standards specified in this.

      (3)   Removal of trees representing hazards or obstructions. It shall be the responsibility of each property owner to remove any trees or shrubs, or parts thereof, which overhang or interfere with traffic- control devices, street lighting, public sidewalks, rights-of way, or property owned by the village. The Building and Zoning Administrator or his or her designated representative shall have the authority to order the pruning or removal of any, such trees subject to the provisions herein or other applicable sections of the Municipal Code of the village.

      (4)   Removal of trees; general. Any trees removed from properties covered under the provisions of this subchapter or any other village ordinance, and which will render the property non conforming with the provisions of this subchapter, shall be replaced with trees which are of acceptable type and species and in locations which comply with the provisions of this subchapter and any previously approved site and landscape plan. Where such replacement involves properties within a B-1, B-2, MR-1 or MR-2 district, a landscape plan shall be required, shall be prepared in accordance with the provisions of this Article, and shall depict the trees to be removed and the type, species, and location of replacement trees. Said landscape plan shall be prepared by a professional landscape architect approved by the village.

      (5)   Pruning. All pruning should be accomplished according to standard horticultural practices. Trees shall be pruned only as necessary to promote health growth. Unless special approval is provided by the Building and Zoning Administrator or his or her designated representative, trees shall be allowed to attain their normal size and shall not be severely pruned or “topped” in order to permanently maintain growth at a reduced height. It shall be unlawful as a normal practice for any person, firm, or village department to top any street tree, park tree, other tree on public property. Trees may be periodically pruned or thinned in order to reduce the leaf mass and thus minimize damage from storms. 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 from this Article at the determination of the Building and Zoning Administrator or his or her designated representative. All pruning shall be accomplished in accordance with the National Arborists Standards.

      (6)   Stumps. The stumps of all removed trees shall be ground out to at least three 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 inches below the ground level.

      (7)   Mowing. Grass shall be mowed as required in order to encourage deep root growth and therefore the preservation of irrigation water.

      (8)   Height maintenance. In order to assure the safe and unimpeded progress of fire and street equipment of the village in the performance of its designated functions, all trees, plants and shrubs that are within or adjacent to and overhanging any public street, highway, road or thoroughfare shall be maintained at a minimum height of 12 feet at the center line of the street, highway, road or thoroughfare and ten feet at the curb of said public way when said tree, plant, or shrub is fully leafed. The Building and Zoning Administrator or his or her designated representative may require the property owner to shape said plant growth as specified above or may cause same to be maintained by members of the Department of Public Works.

      (9)   The Building and Zoning Administrator or his or her designated representative may remove or cause or order to be removed, any tree or part thereof on private property which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is afflicted with any injurious fungus, insect or other pest.

      (10)   Removal. The village shall have the right to cause the removal of any dead or diseased trees on private property with the village, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the village.

   (H)   Procedures upon order to prune or remove. In conjunctions with the provisions of § 156.092(H) above the following procedures shall be used:

      (1)   When the Building and Zoning Administrator or his or her designated representative shall find it necessary to order the pruning or removal of trees or plants infected with disease or infested with damaging or disease-carrying insects upon private property as provided for herein, he or she shall serve a written order upon the property owner to correct the condition creating danger or hazard to the public or to village vehicles or equipment.

      (2)   The order required herein shall be served by at least one of the following methods:

         (a)   By personal delivery of the order to the property owner of record.

         (b)   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 Madison County Assessor.

         (c)   If the property owner cannot be located for service by the means specified in subsections (1) and (2) above, then a copy of the order shall be published twice not less than 15 days between publications, in a local newspaper of general circulation.

         (3)   The order required herein shall set forth a time limit not earlier than seven days from the date of the order for compliance. In cases of extreme danger to persons or public property, the Building and Zoning Administrator or his or her designated representative, upon finding a hazardous condition, shall have the authority to require forthwith compliance immediately upon service of the order.

         (4)   The property owner to whom an order thereunder is directed shall have the right within seven days of the service of the order, to appeal to the Board of Trustees. Said appeal shall be filed with the Village Clerk with a copy provided to the Building and Zoning Administrator. The Board of Trustees shall review such order and the property owners’ reason for appeal not later than their next regularly scheduled meeting so long as said meeting is not sooner than seven days following receipt of the appeal by the Village Clerk. Unless the order is revoked or modified it shall remain in full force and be obeyed by the property owner to whom directed. No property owner to whom an order is directed shall fail to comply with such order within ten days after an appeal shall have been determined and a copy thereof served on the responsible person or party. Any persons or parties jointly or severally aggrieved by any decision of the Board of Trustees under this section may seek a review of such decision by the Circuit Court of Madison County.

         (5)   When a property owner to whom an order is directed shall fail to comply within the specified period of time, the Building and Zoning Administrator or his or her designated representative shall remedy the condition or contract with others for such purpose and charge the cost thereof to the person or party.

         (6)   When in the opinion of the Building and Zoning Administrator or his or her 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 Building and Zoning Administrator or his or her 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.

         (7)   The costs incurred in the performance of any procedure required as a result of conditions as outlined in divisions (F) and (G) above shall be billed to the owner of the real property where such work is performed. If such bill is not paid within 30 days after forwarding a statement therefore by the Building and Zoning Administrator or his or her 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 Building and Zoning Administrator to the Village 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.

   (I)   Interference. It shall be unlawful to delay or in any manner interfere with the Building and Zoning Administrator or his or her designated representative in planting, pruning, spraying or removing any tree, shrub, vine, or flowering 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 Building and Zoning Administrator or his or her designated representative in the removal of dangerous or diseased trees on private property as provided for herein in § 156.092(G)(10); or to interfere with the Building and Zoning Administrator or his or her designated representatives in the discharged of duties provided for in this Article.

   (J)   Penalties. Any person who violates any provision of this Article of this chapter or who fails to comply with any notice issued pursuant to the provision of the ordinance, upon being found guilty of violation, shall be subject to a fine not to exceed $500 for each separate offense. Each day during which any violation of the provisions of this Article shall occur or continue shall be a separate offense. If, as the result of the violation of any provision of this Article, the injury, mutilation, or death of a tree, shrub, or other plant located on village-owned property is caused, the cost of repair or replacement of such tree, shrub, or other plant shall be borne by the persons or parties in violation. The replacement value of trees and shrubs shall be determined in accordance with the latest revision of A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens, as published by the International Society of Arboriculture.

   (K)   Landscape plan required. In conjunction with the requirements of other provisions of this Article and this chapter with respect to site plan review and prior to the issuance of any building permit, a landscape plan shall be submitted to, reviewed by, and approved by the Planning Commission. A landscape plan for each lot or parcel involved in the proposed development shall be prepared by and bear the seal of a landscape architect. The landscape plan shall comply with the following requirements and contain the following elements:

      (1)   Be drawn to scale, including dimensions and distances.

      (2)   Delineate the existing and proposed parking spaces, or other vehicular areas, access aisles, driveways and similar features.

      (3)   Designate by name and location the plant material to be installed or preserved in accordance with the requirements of, this Article.

      (4)   Identify and describe the location and characteristics of all other landscape materials to be used.

      (5)   Show all landscape features, including areas of vegetation to be preserved, in context with the location and outline of existing and proposed buildings and other improvements on the site, if any.

      (6)   Include a tabulation clearly displaying the relevant statistical information necessary for the Planning Commission to evaluate compliance with the provisions of this Article. This includes gross acreage, area of preservation areas, number of trees to be planted or preserved, square footage of paved areas, and such other information as the Planning Commission may require.

      (7)   An irrigation plan indicating the location of sprinklers or water outlets.

      (8)   Contain such other information that may be required by the Planning Commission that is reasonable and necessary to determine that the landscape plan meets the requirements of this Article.

   (L)   Enforcement. The enforcement of these provisions shall be carried out in the following manner:

      (1)   The provisions of this Article which apply to properties and public and private street rights- of-way located within the MR-1, MR-2, B-1 and B-2 districts shall be enforced by the Building and Zoning Administrator or his or her designated representative.

      (2)   The provisions of this Article which apply to properties and public and private street rights- of-way located within all R zoning districts shall be enforced by the Zoning Administrator or his or her designated representative.

      (3)   The tasks involved with enforcement of this Article within any zoning district may be carried out by the Building and Zoning Administrator as applicable or the staff of the Department of Public Works which may be designated by the Building and Zoning Administrator to assist in the enforcement of these provisions.

      (4)   All references in this Article to the “Building and Zoning Administrator or his or her designated representative” may also mean his or her representative where enforcement of these provisions applies to properties or public or private street rights-of-way located in R zoning districts.

(`92 Code, § 40-4-18)

   This section contains the performance standards and regulations pertaining to site lighting for development within the B1, B-2, and PD-B districts.

   (A)   Scope of provisions. The following regulations shall apply to all use within the B-1 and B-2 districts and to all development approved in conjunction with the Planned Development regulations of §§ 156.115 through 156.130 for PD-B development projects, including all new developments, amendment of an approved site plan, amendment of a special permit use, or any lighting change to an existing development, involving new fixtures, standards, heads or luminaries.

   (B)   General standards.

      (1)   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 division (B)(8) below.

      (2)   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 the turn the building itself into “signage”.

      (3)   Excessive brightness of site lighting shall be avoided.

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

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

      (6)   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.

      (7)   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, panting or pedestrian areas, and landscaped areas, and shall not create lighting patterns which will direct light toward residential areas.

      (8)   At the time of filing any application for any use, development, amendment or change as set out in division (A) above, 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:

         (a)   Manufacturer’s catalog cut sheet or other graphic and narrative description of the light standards, fixture heads, and/or luminaries with specification data.

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

         (c)   A plan of the site superimposed with a grid of not more than 20 feet between light sources showing the calculated footcandle levels at average site grade at the center of each 20 foot grid.

      (9)   All site lighting shall be installed utilizing underground cable.

   (C)   Illumination standards.

      (1)   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 footcandles of illumination, measured at the ground level.

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

      (3)   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 footcandles.

      (4)   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 footcandle 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 one-tenth (0.1) footcandle.

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

      (6)   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.

(`92 Code, § 40-4-19)