Mt Vernon City Zoning Code
ARTICLE V
Landscaping, Screening, Buffering and Open Space Regulations
[1]
Editor's Note: Former Article V, Landscaping, Screening And Buffering Regulations, was amended in its entirety 4-14-2026 by Ord. No. 2.223. Prior history includes R.O. 2004 § 405.370 through § 405.430 and Ord. No. 2.56 § 2(Art. 8 § 1 through Art. 8 § 7).
Section 405.370 Intent And Purpose.
[Ord. No. 2.223, 4-14-2026]
A.
The purpose of this Article is to establish Green Space in future developments in the City, with a focus on: preserving native trees within a development site, protecting preserved areas during construction, and ensuring a minimum level of Green Space as an integral part of new development.
B.
This Article provides standards and criteria for landscaping which are intended to enhance the value of property, provide buffers between dissimilar areas of use, improve the physical appearance of the City, maintain an ecological balance, increase Green Space which will reduce water runoff, flooding, erosion, water pollution, noise, glare, heat and visual blight. Landscape methods which conserve water through the use of drought tolerant plants and planting techniques are also encouraged.
Section 405.380 Applicability.
[Ord. No. 2.223, 4-14-2026]
A.
The requirements of this Article are deemed to be minimum standards and shall apply to all new construction approved for development within the City of Mt. Vernon, after the date this Article is adopted, unless specifically stated as an exception in Section 405.390.
1.
Green Space — General Requirement. All land approved for final plat for new subdivision or condominium shall be subject to this Section, and Section 410.070, and in accordance with Section 445.030, RSMo. Plat to be acknowledged and recorded with acceptance by the City.
a.
A minimum of five percent (5%) of all residential areas ("R-1," "R-2," "R-3") and all non-residential areas ("B-1," "B-2," "B-3," "M-1," "M-2," "MU-1" and B-1A) shall be developed as Green Space, which is defined as a portion of land within a Subdivision, or Condominium Plat, which is designed to be available to the residents or employees of the project in general. The land shall be improved to meet their specific needs and would not normally be considered as the yard of a particular building in accordance with Chapter 405 of the Municipal Code of the City of Mt Vernon.
b.
With the acceptance and approval of the Planning Commission and approval of the Board of Aldermen, the developer has the option of dedicating ten percent (10%) of the value of the undeveloped residential areas ("R-1," "R-2," "R-3") and a minimum of seven percent (7%) of the value of the undeveloped non-residential areas ("B-1," "B-2," "B-3," "M-1," "M-2," "MU-1" and "B-1A"), or a combination of land and monies, to the City. This dedication shall be held for development or improvement of City parks or Green Space.
c.
Green Space, regardless of size, which is to be dedicated to the City, must be approved and accepted by the Board of Aldermen or dedicated to the homeowners' association with a guarantee the space remain perpetually in recreational use with ownership and maintenance being the responsibility of the City or the homeowners' association, respectively.
d.
When Green Space land is a stream-valley or floodplain or without an adequately sized level area for recreational use, as determined by the Planning and Zoning Board, the City may require that additional land of a suitable nature be provided even though the total percentage required is more than the required amount pursuant to Section 405.380.
e.
In meeting the Green Space requirement, not more than half the required Green Space may consist of the storm drainage reservation land, and the other half must be supplied from other land. In all cases where storm drainage area is counted toward meeting Green Space requirements, preservation of the natural assets of the land, including its vegetation, must be provided for in graphic and/or written form, subject to approval by the Planning Commission.
f.
The developer can demonstrate that the layout will result in a clear improvement to the general amenity and greater specific recreational advantages to the residents or users of the proposed development. Such uses and advantages shall be specified in the restrictive covenants, and provision for the maintenance of such spaces shall be clearly indicated.
2.
Access To Green Space. At least one (1) unencumbered access easement with minimum width of twenty-eight (28) feet shall be required for each Green Space from public streets for maintenance purposes.
Section 405.385 Exceptions.
[Ord. No. 2.223, 4-14-2026]
A.
Improvements or additions to existing structures or developments that are under ten percent (10%) of the gross floor area of the building or five thousand (5,000) square feet, whichever is less, and do not result in changes to use or an increase in the concentration of business operations, sales volume, or energy usage within a specific area, shall be exempt from the regulations of this Article.
B.
An application for alternative landscaping schemes is justified only when one (1) or more of the following three (3) conditions apply. In such a case, the applicant shall describe in a letter to the Mt. Vernon Building Inspector which of the requirements set forth in this Article will be met with modifications, which project conditions justify using alternatives and how the proposed measures equal or exceed normal compliance. The request will be evaluated on a case-by-case basis.
1.
The site involves space limitations or unusually shaped parcels.
2.
Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical.
3.
Safety considerations require a change.
Section 405.390 Conflicts.
[Ord. No. 2.223, 4-14-2026]
If any provision of this Article shall conflict with other ordinances or regulations, the more stringent limitation or requirement shall apply.
Section 405.395 Enforcement.
[Ord. No. 2.223, 4-14-2026]
A.
The provisions of this Article shall be administered and enforced by the Mt. Vernon Building Inspector. At any time after the issuance of a certificate of occupancy, whether temporary or permanent, the Building Inspector determines that the approved landscaping does not conform to the standards and criteria of this Section, a notice shall be issued to the owner and to any known tenant or agent citing the violations and describing what action is required to comply with this Article.
B.
The owner, tenant or agent shall have thirty (30) days from the date of said notice to restore the landscaping to its previous compliant condition, as required. If the landscaping is not restored within the allotted time or arrangements have not been made in conformance with this Article, such person shall be in violation of this Article and the same shall be subject to prosecution in the Municipal Division of the Circuit Court in and for the City of Mt Vernon, Missouri. Penalties for such violations shall include a fine of up to five hundred dollars ($500.00) and costs or imprisonment for a period not to exceed ninety (90) days.
C.
Each day the property remains in violation of this Article, after due notice has been given, shall be deemed a separate offense subject to punishment as provided herein.
Section 405.400 Permits.
[Ord. No. 2.223, 4-14-2026]
A.
No permits shall be issued for the improvement of any site, the construction of any building or the establishment of any use for which a landscaping plan is required by this Article until such plan has been submitted to and approved by the Building Inspector.
B.
Prior to the issuance of a certificate of occupancy for any building or structure subject to the provisions of this Article, all screening and landscaping shall be in place in accordance with the landscape plan required in this Article.
C.
Standards have been established for installation of all plant materials within the City of Mt Vernon. These requirements must be followed in order to receive approval of the site work and final occupancy or approval of the development. The Building Inspector has the authority to deny the issuance of a final occupancy permit until landscaping is installed according to the requirements of this Article are satisfied as determined by the site inspector.
D.
The Building Inspector may approve temporary occupancy permits if occupancy is sought at a season of the year in which it is impractical to plant trees, shrubs or to lay turf. The applicant shall submit a written request for a temporary occupancy permit. The request shall include an estimated time frame of when the landscaping plan will be completed. This temporary occupancy permit will be valid for a period not to exceed six (6) months from the date of the written request.
Section 405.405 Requirements Of Landscape Plan.
[Ord. No. 2.223, 4-14-2026]
A.
The landscaping plan shall provide, to the maximum extent practical, for the preservation of existing trees. It is the intent of this Article to discourage the practice of removing all trees in the improvement or development of properties within the City limits. Plans which provide for clear cutting of existing trees shall be approved by the Building Inspector only if the developer or contractor establishes by clear and convincing evidence that the prohibition of clear cutting substantially and unreasonably restricts his or her ability to develop the property, and that the development will not be economically viable unless clear cutting is permitted.
B.
The landscaping plan may be submitted concurrently with the site plan. The Building Inspector shall review such plans and shall approve them if the plans are in accordance with the criteria in this Article. If the plans are not in accordance, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary to bring the plans into compliance.
C.
Landscape plans shall contain the following information:
1.
A minimum scale of one (1) inch equals fifty (50) feet;
2.
The location, general type and viability of existing vegetation, including trees to be preserved;
3.
The location of all plant and other landscape materials such as earth berms, walls, fences, screens, sculptures, fountains, street furniture, lights and courts or paved areas;
4.
Plant lists or schedules with the botanical and common names, general description (canopy, understory, ornamental or evergreen, shrub, grass, etc.), quantity, spacing and size of all property landscape material at the time of planting;
5.
The person, architect or company responsible for the landscape plan, together with all necessary contact information.
Section 405.410 Maintenance.
[Ord. No. 2.223, 4-14-2026]
The owner of the property shall be responsible for maintaining, in a neat and orderly manner at all times, the landscaping required by this Article. Plant materials shall be maintained in a healthy and growing condition during the appropriate seasons. Plant materials which die shall be replaced with healthy plant material of similar variety and meeting the size requirements of this Article.
Section 405.415 General Standards.
[Ord. No. 2.223, 4-14-2026]
A.
The following criteria and standards shall apply to landscape materials and installation:
1.
Quality. All trees and shrubs used in conformance with the provisions of this Chapter shall have well-developed leaders and tops, roots characteristic of the species, and shall show evidence of proper nursery pruning. All plant materials must be free of insects, diseases, mechanical injuries and other objectionable features at the time of planting.
2.
Coverage. Grass, ground cover, shrubs and other living landscape materials shall be used to cover all open ground. Landscaping materials, such as mulch, bark, etc., can be incorporated into a landscape plan where appropriate.
3.
Trees. Trees referred to in this Section shall be of a species common to or adapted to this area of Missouri. Tree diameter shall be taken six (6) inches above grade. Trees shall have the following characteristics:
a.
Canopy trees shall be deciduous trees that have a minimum height of thirty (30) feet at maturity. All canopy trees shall have an outside caliper width of one and one-half (1½) inches at time of planting.
b.
Understory trees shall be deciduous trees that have a maximum height of less than thirty (30) feet at maturity. All understory trees shall have an outside caliper width of one (1) inch at time of planting.
c.
Ornamental trees shall be flowering deciduous trees. All ornamental trees shall have an outside caliper width of one (1) inch at time of planting.
d.
Evergreen or conifer trees shall have a minimum height of twenty (20) feet at time of maturity. All evergreen or conifer trees shall be at least four (4) feet high at time of planting.
4.
Shrubs And Hedges. Shrubs shall be a minimum of eighteen (18) inches in height when measured immediately after planting. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen which will be at least three (3) feet in height within one (1) year after time of planting.
5.
Ground Cover. Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one (1) year after time of planting.
6.
Lawn Grass. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales, berms or other areas subject to erosion.
7.
Credit For Existing Trees. Any trees preserved on site in required buffer yards, interior landscaping and perimeter landscaping areas and meeting the specifications in this Section may, at the discretion of the Building Inspector, be credited toward meeting the tree requirements of any landscaping provision of this Section. Any tree for which credit is given shall be in a condition that encourages long-term survival and in a location that conforms to the intent and standards of this Section.
Existing Tree | Size |
|---|---|
Canopy | 2 — 3 inches |
3 — 6 inches | |
> 6 inches | |
Understory | 1½ inches — 3 inches |
3 — 6 inches | |
> 6 inches | |
Ornamental | 1 — 2 inches |
2 — 5 inches | |
> 5 inches | |
Evergreen | 5 — 8 feet |
8 — 12 feet | |
> 12 feet |
To receive credit, trees must be located in the landscape area. Each credit may be used in lieu of the planting of one (1) tree. The existing tree must satisfy the requirements of this Section. |
a.
Trees of exceptional quality due to size, large canopy cover, trunk diameter, rareness, age or species located anywhere on the site may, at the discretion of the Building Inspector, be credited as three (3) in computing the minimum requirements in landscaping areas.
b.
Existing trees which are preserved and receive credit shall be marked on the landscape plan and the amount of credit shall be indicated. Any trees which receive credit and are later removed or die because of damage sustained during the construction process, because of insufficient protection or maintenance shall be replaced with the number of trees for which credit was received.
8.
Fences. Existing fences located on adjacent properties or on property lines shall not be credited towards fulfilling the requirements of this Article. All required fences shall be constructed inside property boundaries preventing the removal by adjacent property owners.
Section 405.420 Minimum Requirements For Off-Street Parking Lots And Vehicular Use Areas.
[Ord. No. 2.223, 4-14-2026]
A.
The interior and perimeter of parking lots and vehicular use areas, for uses requiring site plans, shall be landscaped in accordance with the following criteria. Areas used for parking or vehicular storage which are under, on, or within buildings are exempt from these standards.
1.
Interior Landscaping. For sites containing parking and vehicular use areas totaling fifteen (15) or more parking spaces or where the gross area is six thousand (6,000) or more square feet, a minimum of ten percent (10%) of the parking or vehicular use area shall be devoted to living landscaping which includes grass, ground cover, plants, shrubs and trees. Gross parking area shall be determined by calculating the total area used for parking, including circulation aisles. These plantings may be grouped in such a way as to provide visual appeal. Additional criteria shall apply to the interior parking and vehicular use areas:
a.
Interior landscape areas shall be protected from vehicular encroachment or overhang through appropriate wheel stops or curbs.
b.
There shall be a minimum of one (1) canopy tree or two (2) understory trees or ornamental trees planted for each fifteen (15) parking spaces or six thousand (6,000) square feet of parking or vehicular use area. For every tree planted in the required ten percent (10%) areas, four (4) shrubs shall be planted. The planted areas may be sodded or mulched.
c.
Interior areas of parking and vehicular use areas shall contain planting islands located so as to best relieve the expanse of paving. Interior planting areas shall be a minimum of one hundred (100) square feet for each understory tree and two hundred (200) square feet for each canopy tree dimensioned in such a way as to provide a suitable area for planting.
2.
Perimeter Landscaping.
a.
Perimeter landscaping shall be provided where a parking lot or vehicular use area is within fifty (50) feet of a public right-of-way and there is not an intervening building.
b.
Perimeter landscaping shall be protected from vehicular encroachment or overhang through appropriate wheel stops, curbs or setback distance.
c.
Perimeter landscape areas shall contain one (1) canopy tree, two (2) understory, ornamental or evergreen trees and four (4) shrubs per one hundred (100) linear feet. Where utility lines, easements, the width of the landscape area or other conditions not under the control of the developer would not allow canopy trees, each required canopy tree may be replaced by two (2) understory, ornamental or evergreen trees, or in this area, in lieu of one (1) tree, eight (8) shrubs (measured at eighteen (18) inches after planting) or eight (8) perennial bed plantings (measured at one (1) gallon size at planting) will meet the landscape requirements. Where a perimeter landscape area is less than fifty (50) linear feet, only one (1) canopy tree or two (2) understory, ornamental or evergreen trees are required in addition to four (4) shrubs. Required trees and shrubs may be clustered to allow for the most effective use of landscaping. The remaining area shall be landscaped with grass or other ground cover.
d.
Whenever an off-street parking or vehicular use area abuts a public right-of-way, a perimeter landscape area at least eight (8) feet in depth shall be maintained between the abutting right-of-way and the off-street parking or vehicular use area.
e.
Perimeter landscaping shall be provided where an off-street parking or vehicular use area abuts another; a perimeter landscaped strip at least eight (8) feet in depth shall be maintained between the abutting off-street parking and vehicular use areas. This prevents two (2) adjacent lots from becoming one (1) large expanse of paving.
3.
Necessary accessways from the public right-of-way shall be permitted through all landscaping.
Section 405.425 Exemption For Property In Downtown "B-1A" And "B-2" District.
[Ord. No. 2.223, 4-14-2026]
Due to the unique nature of those properties located in the "B-1A" and "B-2" Districts, those properties are exempt from this Article unless off street-parking or recreational areas are provided, in which case the Building Inspector may require the development to conform to the standards for interior and perimeter landscaping.
Section 405.430 Buffering And Screening Requirements.
[Ord. No. 2.223, 4-14-2026]
A.
Applicability. All plans submitted in support of a final development plan or a building permit shall include a detailed drawing of applicable screening methods. Such drawing may be included as part of the landscape plan. No buffer or screening requirement located on an adjacent property may be utilized as a portion of a required buffer or screen or allowed to be used in a trade-off or modification of a standard.
1.
Location Of Buffers. Transition buffers shall be located along those portions of a site that are along those portions of adjoining lots with a different zoning classification.
2.
Responsibility For Installing Buffers. The developing property shall always be responsible for providing required buffers.
B.
Buffering Requirements. Development of property zoned Commercial, Industrial or Light Industrial. When a new structure and/or development are proposed which directly abuts a residential use area, a buffer yard shall be required along all rear and side properties that adjoin these residential areas. The buffer yard standards shall be a landscaping barrier twenty (20) feet in width consisting of a minimum six (6) foot tall solid board or masonry fence, with the following plantings placed on the residential side, within every one hundred (100) linear feet.
Required Plantings per 100 Linear Feet |
|---|
3 canopy trees |
2 understory trees |
4 evergreen trees |
16 shrubs |
C.
Trees. Trees and shrubs referred to in this Section shall be of the same criteria and standards listed in Section 405.440, General Standards.
D.
Existing Screening. No existing screening or landscape buffer shall be removed from any developed or undeveloped commercial, industrial, light industrial or light commercial property which directly abuts a residentially zoned property without first submitting and obtaining approval for a landscaping plan which provides for replacement screening conforming to all provisions of this Section.
E.
Sight Triangle. On a corner lot in any zoning district, no plantings or fence shall be placed in such a manner as to impede vision within the intersection. Strict compliance with these landscaping requirements shall not be required if it would cause visibility obstructions and/or blind corners at intersections. Whenever an accessway intersects a public right-of-way or when the subject property abuts the intersection of two (2) or more public rights-of-way, a sight triangle shall be required in conformance with subsection 405.050.
1.
It shall be unlawful for the owner of any private property to permit, allow or suffer any tree thereon to damage, disturb, overhang or intrude upon any public street, alley, boulevard, public way or sidewalk to such an extent that the same unreasonably interferes with the traveling public. Any such tree shall be deemed to so interfere if the branches thereof shall overhang or intrude within an area of ten (10) feet above the traveled surface of any sidewalk or twelve (12) feet above the traveled surface of any street.
F.
Plantings Within Right Of Ways. Where utility lines, easements, the width of the landscape area or other conditions not under the control of the developer, the following shall apply.
1.
Plantings within utility easements will require written approval from the Director of Utilities. Approved plantings shall be limited to ornamental trees, shrubs, hedges and ground cover. Each required canopy tree may be replaced by two (2) understory or ornamental trees to reduce conflicts with overhead utilities. Plantings in or adjacent to a utility easement shall be coordinated with the utility.
2.
No tree or shrub shall be located on public property or within any publicly held right-of-way which shall interfere with any sidewalk, public street sign, public storm or sanitary sewer, pipe line or appurtenances, waterlines or other public utility lines, poles and appurtenances. It shall be the duty of the Director of Utilities, and he/she shall have authority, to trim or remove, if need be, any tree or shrub that does not comply with the provisions of this Article.
G.
Trash Bin Screening. Commercial, office, industrial, and multi-family apartments shall include on the landscape plan a detailed drawing of enclosure and screening methods to be used in connection with trash bins and equipment areas on the property. No trash bin shall be visible from off the property, and a permanent masonry or frame enclosure shall be provided for such bin.
