Town And Country City Zoning Code
ARTICLE VIII
Zoning District Standards
Section 405.310 Purpose.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(8000), 11-13-1989]
The purpose of this Article is to define certain standards that are applicable to uses in the zoning districts of the City of Town and Country.
Section 405.315 Corner, Flag, Double Frontage and Lots With More Street Exposure Than Fifty Percent of The Perimeter of The Lot.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(8100), 11-13-1989]
Corner, flag, double frontage and lots with more street exposure than fifty percent (50%) of the perimeter of the lot present special problems. The regulations set forth for each zoning district establish specific use standards for these lots. Corner lots, flag lots, double frontage lots and lots with street exposure greater than fifty percent (50%) of the perimeter of the lot shall be defined, for purposes of this Chapter, by reference to the illustrations below.
 |
Section 405.320 Bufferyard Standards.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(8200), 11-13-1989]
A.
The "bufferyard" is a combination of setback and visual buffer or barrier between zoning districts. A "bufferyard" consists of a unit of land together with the planting required thereon. Both the amount of land and the type and amount of planting specified for each bufferyard requirement of this Chapter are designed to eliminate or minimize conflicts between land uses and to insure a desired character along public and private streets and roads. The planting units required of bufferyards have been calculated to insure that they do, in fact, function as "buffers".
1.
Bufferyards shall be required to separate different zoning districts from each other in order to eliminate or minimize potential nuisances such as dirt, noise, glare of lights, signs, building bulk, parting areas, or to provide spacing to reduce adverse impacts of the above, or danger from fires or explosions.
2.
Where required by this Chapter bufferyards shall be located on the outer perimeter of the lot or site, extending to the lot or site boundary line. Bufferyards shall not be located on any portion of an existing or dedicated public or private street or right-of-way.
3.
To determine the type of bufferyard required on a site or between a site and a street, the following procedure shall be followed:
a.
Identify whether any portion or lot line of the site constitutes a zoning district boundary. If it does, determine the zoning on both sides of the lot or site.
b.
Determine whether the land on the adjoining site is vacant or developed or whether a subdivision plat of the adjoining site has been approved.
c.
Classify any street adjacent to the proposed use as a local, minor, or major street.
d.
Determine the bufferyard required on each boundary (or segment thereof) of the subject site by referring to the table of required bufferyards set forth for each zoning district.
4.
Bufferyard credit. If a bufferyard screen, consisting of different plants than required below, is already in place, the Planning and Zoning Commission may substitute the existing bufferyard screen for the table of plant units required below.
5.
The following table indicates the specifications of each bufferyard. Bufferyard requirements are stated in terms of the width of the bufferyard and the number of plant units required per one hundred fifty (150) linear feet of bufferyard.
a.
A single "plant unit" for bufferyards shall consist of the total plantings designated in one (1) of the columns below:
TABLE OF STANDARD PLANT UNITS | |||
|---|---|---|---|
Type of Plant and Size | Standard Plant Unit | Alternative Unit | |
Canopy Tree | 1 | 1 | |
Understory Tree | 1 | 0 | |
Shrubs | 10 | 9 | |
Evergreen Tree | 1 | 3 | |
 |
TABLE OF BUFFERYARD STANDARDS | |||
|---|---|---|---|
Bufferyard | Number of Plant Units | Bufferyard Width | |
A | 1 | 15 feet | |
B | 2 | 15 feet | |
C | 3 | 20 feet | |
D | 4 | 20 feet | |
E | 5 | 20 feet | |
S | 2 | 10 feet | |
 |
Each illustration depicts a typical one hundred fifty (150) foot bufferyard. |
b.
The exact placement of required plants and structures shall be the decision of each user except that the following requirements shall be satisfied:
(1)
All bufferyard areas shall be seeded with lawn, ground cover or prairie grass unless a natural ground cover is already established.
(2)
Required plant materials for bufferyards shall be planted in the following sizes and percentages.
Canopy Trees | Evergreen Trees | Understory Trees | Shrubs | |
|---|---|---|---|---|
10% 4" caliper | 10% 10' high | 10% 2.5" caliper | 100% 2' high | |
20% 3" caliper | 20% 8' high | 20% 2.0" caliper | ||
70% 2" caliper | 70% 6' high | 70% 1.5" caliper |
c.
Where the amount of frontage will require a fractional number of plants, the requirements will be as follows: When the fraction is less than one-half (.5), the number required shall be the amount of the next lowest whole number. When the fraction is one-half (.5) or greater, the required amount will be the next largest whole number.
6.
A bufferyard may be used for passive recreation. It may contain pedestrian, bike, or jogging trails provided that:
a.
No plant material is eliminated,
b.
The total width of the bufferyard is maintained, and
c.
All other regulations of this Chapter are met.
In no event, however, shall any other structure be permitted in bufferyards, except: Fences or walls as provided for in Article IV (Sections 405.130 — 405.150) of this Chapter; signs as provided for in Chapter 420 of this Title; and driveway or street serving as access to a site or lot as approved by the Planning and Zoning Commission, provided that the access does not unreasonably encroach on the width of the bufferyard, and is not located within seventy (70) feet of a street intersection or of another drive, and no pavement serving as access be located closer than ten (10) feet to an adjacent property line. |
7.
The property owner shall maintain the minimum bufferyard planting requirements of this Chapter and replace as necessary to maintain the required plant units.
Section 405.325 Landscaping Standards For Buildings.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(8300), 11-13-1989]
The regulations for each zoning district establish minimum standards for landscaping in areas not designated as parking lots or bufferyards. For purposes of satisfying these minimum landscaping requirements, the following standards shall apply:
Plant units: A single "plant unit" for building landscaping shall consist of the total plantings designated in one (1) of the columns below:
Type of Plant and Size | Standard Plant Unit | Alternative Unit |
|---|---|---|
Canopy Tree 3 inch caliper | 1 | 1 |
Understory Tree 2 inch caliper | 1 | 0 |
Shrubs 2 feet high | 10 | 9 |
Evergreen Tree 8 feet high | 1 | 3 |
 |
Section 405.330 Landscaping Standards For Parking Lots.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(8400), 11-13-1989]
The regulations for each zoning district establish minimum standards for landscaping within parking lots and adjoining entrance drives and circulation drives. For purposes of satisfying these minimum landscaping requirements, the following standards shall apply:
Plant units: A single "plant unit" for parking lot landscaping shall consist of the total plantings designated in one (1) of the columns below:
Type of Plant and Size | Standard Plant Unit | Alternative Unit 1 | Alternative Unit 2 |
|---|---|---|---|
Canopy Tree 3 inch caliper | 2 | 2 | 1 |
Understory Tree 2 inch caliper | 0 | 1 | 1 |
Shrubs (50% to be evergreen) 2 feet high | 10 | 5 | 10 |
 |
Section 405.335 Natural Resource Protection Standards.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(8500), 11-13-1989; Ord. No. 2450 §1, 4-11-2000; Ord. No. 3318 §2, 2-12-2008; Ord. No. 4317, 10-14-2019]
A.
All natural resources located on a lot used for non-residential purposes in all zoning districts and in new subdivisions as specified in Section 410.200(A)(20) shall be preserved as open space in the percentages set forth in this Section.
B.
Woodlands.
1.
A minimum of fifty percent (50%) of the calculated total of cross-sectional area (CSA) of all healthy trees, six (6) inches in diameter or greater, in an identified woodland shall be preserved as permanent open space. Trees in poor condition or that are dead shall not be counted toward the calculated total of CSA.
2.
The developer shall undertake the following precautions to protect woodland areas to be maintained as permanent open space:
[Ord. No. 4500, 3-28-2022]
a.
The developer shall submit a Tree Stand Delineation including all Grand Trees located on the property, performed by a Certified Arborist or a Landscape Architect. This survey shall also indicate the location of all proposed lot lines, buildings, rights-of-way, utility lines and easements.
b.
The developer shall designate the location and amount of woodlands to be maintained as permanent open space, and the total percentage of cross-sectional area represented by the woodlands to be preserved.
c.
The developer shall not include as permanent open space any trees or woodlands in easements, building areas, or rights-of-way.
d.
The developer shall place dedicated permanent open space, as much as is feasible, within common ground.
e.
The developer shall not develop within the canopy area or drip line of any tree to be preserved as permanent open space.
f.
The developer shall submit in writing the recommendations of an International Society of Arboriculture Certified Arborist or a Landscape Architect, as to which trees shall be protected notwithstanding development in close proximity to them, including all recommended protective measures.
g.
The developer shall employ all recommended tree protective measures prior to the issuance of any permit and, in any event, shall:
(1)
Erect on-site barriers along the line(s) delineated in a green mesh safety fence that is a minimum of three (3) feet in height. secured with heavy duty steel t-posts set a maximum of eight (8) feet apart along the line(s) delineated in Subsection (B)(2)(b). A moisture protected 8.5" x 11" sign stating, "Warning — Tree Protection Zone" shall be required to be placed on the tree protection fencing at a minimum of twenty (20) foot intervals, with a minimum of one (1) sign on each elevation of fence.
(2)
Provide a tree-protection supervisor on-site whenever equipment or trucks are placed or are moving near the trees to be protected in order to ensure compliance with all tree protective measures.
h.
The developer shall post a surety bond for the benefit of the City in the amount of twenty-five thousand dollars ($25,000.00) per every acre of woodlands to be preserved (or portion thereof). The surety shall be applied to the replacement of any trees which die within three (3) years of the completion of construction. Prior to the full release of the surety the developer shall submit, in writing, from an International Society of Arboriculture Certified Arborist or a Landscape Architect, a report verifying that the trees to be protected in the designated permanent open space areas are still alive.
i.
The developer shall replace with a tree of similar size and type all trees which die as a result of such development, or a substitute amount or size of trees which collectively approximate the DBH of the removed trees as approved by the City. Failure to replace shall constitute a default and the City shall be entitled to proceed against the surety.
j.
The permanent open space areas shall be depicted on a survey to be made an exhibit to the deed and recorded with St. Louis County for each lot relative to any subsequent subdivision or re-subdivision.
k.
The permanent open space areas as delineated in 405.335(B)(2)(i) shall be marked on site with temporary rope, fencing or flagging for the purpose of communicating these limits to prospective buyers for the individual lots and shall be in place before lots are shown to prospective buyers.
l.
A copy of the survey depicting the permanent open space areas as required in 405.335(B)(2)(j) shall be attached to and incorporated by reference within the sale contract for the future transfer of any lot(s).
m.
The following requirements shall be attached to and incorporated by reference within the sale contract for the future transfer of any lot(s) as well as be incorporated into the subdivision trust indentures.
(1)
Permanent open space shall be maintained in current locations as indicated on the plat and shall remain fully and completely undisturbed, except for activities defined by Section 405.335(B)(3), without prior appropriate permit from the City of Town and Country. In the event that such actions occur, the owner shall be required to replant the disturbed areas and place with the City of Town and Country an escrow which insures their maintenance until maturation.
(2)
Any proposed fencing around or adjacent to the permanent open space will require a permit from the City of Town and Country prior to installation and shall not disturb the permanent open space.
n.
The City Administrator or his/her designee, may, in his/her discretion, retain the services of a Certified Arborist or Landscape Architect to review the developer's recommendations as required under Section 405.335(B)(2)(f). The cost of the City's review shall be paid by the developer and may be deducted from the permit application deposit. If insufficient funds remain in the permit application deposit, the City Administrator shall invoice the developer. The City Administrator may engage the services described herein from a list of appropriately qualified and responsive service providers maintained by the City.
3.
Management Of Woodlands. The following activities shall be permitted by right within a woodland designated as permanent open space.
a.
Tree limb pruning.
b.
Removal of plants only as stated in Section 405.335(B)(5).
c.
Planting of native grasses. wildflowers, shrubs, and trees. The planting of lawn or turf grass shall not be permitted.
4.
Replacement Of Woodlands. Whenever the requirements of this Subsection (B) would render a lot unbuildable, as determined by the City Administrator or their designee, the developer may clear or develop more woodlands than otherwise permitted to be disturbed by Subsection (B)(1) above, if the total woodland area disturbed is not increased by more than ten percent (10%) of the total woodland area on the lot or site. In any event, no more than fifty percent (50%) of mature woodlands may be disturbed. This additional disturbance shall be permitted only where the following conditions are met:
a.
The developer shall designate a new woodland area on a part of the site not forested.
b.
The new woodland area shall consist of 1.2 times the surface acreage of the woodland area disturbed pursuant to this Subsection.
c.
The new woodland area plantings shall be approved, in writing, by an International Society of Arboriculture Certified Arborist or a Landscape Architect approved by the City and take into consideration species which are native and conducive to site conditions.
d.
Within each acre of newly designated woodland area the following plantings shall be made:
(1)
Six (6) canopy trees, minimum of three (3) inch caliper;
(2)
Seventy-five (75) canopy trees, minimum six (6) to eight (8) feet high whips;
(3)
Eight (8) understory trees, minimum one and one-half (1.5) inch caliper or five (5) feet high for multi-stemmed clumps;
(4)
Thirty (30) shrubs (deciduous or evergreen), minimum eighteen (18) inches high.
5.
Removal Of Trees In Permanent Open Space. A tree preserved as permanent open space may be removed by the owner of the property where the tree is preserved only if the following conditions are satisfied:
a.
A licensed landscape architect, certified arborist or other evidence deemed credible by the City that the tree is hazardous. dead, or diseased.
b.
If the tree is not hazardous, dead or diseased, a property owner may apply to the City Administrator or their designee to remove the tree if:
(1)
Another tree of similar size and species or a substitute amount or size of trees of the same or similar species which collectively approximate the DBH of the removed trees will be planted to replace the tree to be removed.
(2)
The replanted tree is included as permanent open space on a plan submitted by the property owner.
(3)
A copy of the recorded plan is submitted to the City.
c.
Removal Of Invasive Species Of Trees, Shrubs, Woody Vines, Wildflowers, Grasses And Other Non-Woody Plants In Permanent Open Space. Invasive Species in areas preserved as permanent open space may be removed by the owner of the property where the open space is preserved. Invasive Species are defined as those identified by the Missouri Department of Conservation.
C.
Grand Trees.
1.
A Grand Tree is defined as any tree twenty (20) inches DBH or greater that is in fair to good condition and is not an invasive species as defined in this Chapter or by the Missouri Department of Conservation.
2.
Grand trees shall not be disturbed, within the critical root zone, in the course of grading, demolition or building relating to new construction activity except as follows:
[Ord. No. 4500, 3-28-2022]
a.
When the tree is dead, diseased, hazardous or constitutes a public risk; or
b.
Residential District: In any residential district, where such disturbance is necessary to permit construction and is specifically authorized in a tree protection plan approved in conjunction with the applicable grading, demolition or building permit; or
c.
Non-Residential District: In any non-residential district, where such disturbance is necessary to permit construction and is specifically authorized in a tree protection plan approved in conjunction with the applicable subdivision, site plan or development plan or applicable grading, demolition or building permit.
d.
Replacement Requirements: Grand Trees that are removed due to disturbance that is necessary to permit construction, that are otherwise not dead, diseased, or a public hazard, shall require the installation of replacement trees equal to twenty-five (25%) of the total caliper inches of the Grand Trees that are removed.
(1)
In lieu of the installation of replacement trees a contribution to the designated City of Town and Country Tree Fund shall be made in the amount of thirty dollars ($30.00) per square inch of twenty-five percent (25%) of the cross-sectional area of the Grand Tree(s) removed.
(2)
Trees to be planted to meet requirements for new landscaping and bufferyards shall count as replacement trees.
D.
Ravines.
2.
Permitted Uses. Ravines shall not be the site of any use or development, with the exception that access to other areas may be provided in ravine areas. In this event prior to construction of any improvement, the developer shall provide an environmental assessment indicating the location of such access is the least damaging solution for the site in question. Minimum damage to the area shall be the guide in location of the access.
3.
Additional Regulations.
a.
The streambeds of all ravines shall be kept clear of debris, including leaves and grass clippings, in order to slow undercutting of stream banks.
b.
No development in other portions of a site shall cause or permit the rate of runoff to ravines to be more than ninety percent (90%) of its rate prior to that development.
c.
All detention facilities should be set back at least one hundred (100) feet from the top of the ravine wall. All such facilities shall be designed to minimize erosion and maximize measures which stabilize the ravine wall.
E.
Floodplains.
1.
The determination of all floodplain boundaries shall be based on the maximum recorded or projected flood elevation applicable. The area constituting a floodplain shall be determined by reference to the following sources in the order indicated below. If the first (1st) source is not applicable, the second (2nd) one shall be used.
a.
Certified HUD flood insurance studies and maps;
b.
A site specific flooding analysis provided by a registered professional engineer that provides more site specific location than do the rate maps and profiles.
On-site topographic surveys shall be performed to locate the precise floodplain line on a site. The survey shall use the flood profile contained in the sources listed above. |
F.
Drainageways.
1.
Development within drainageways shall be subject to the following restrictions:
a.
No more than fifty percent (50%) of such areas shall be developed.
b.
The remaining fifty percent (50%) shall remain as permanent open space by restrictive covenant. Regrading, stripping of vegetation, or filling is permitted in these areas, provided that such work is needed as part of the development's stormwater system.
(1)
The time of concentration of stormwater flows shall remain unchanged or will be lengthened;
(2)
Stormwater and ground water storage capacity shall be unchanged or will be increased;
(3)
Natural vegetation shall be installed;
(4)
The resultant new drainageway shall have less velocity than pre-existed or shall reduce stream bank erosion through the provision of erosion control measures.
c.
Upon application, and after review and recommendation by the Planning and Zoning Commission, the Board of Aldermen may waive these requirements for a particular drainageway after consideration of all relevant factors, and if the Board determines any of the following findings, the waiver shall be denied:
(1)
Water runoff control structures in another location will not effectively reduce runoff from the site at least as well as or better than the given drainageway, and have not been designed to do so;
(2)
Removal of the drainageway will substantially and materially adversely affect the visual coherence, appearance or development character of adjacent neighborhoods and/or of the development site;
(3)
The quality of tree and vegetation cover will be substantially adversely affected; or
(4)
Any unusual natural native features of the land, e.g., cave, sinkhole, marsh, oak savannah or fen, will be substantially adversely affected.
d.
No building shall be constructed within fifty (50) feet of the limits of a drainageway unless it is demonstrated that the adjacent bank of the channel will be protected against erosion by natural site conditions or by site improvements that will be essentially permanent with minimal requirements for maintenance.
2.
The Board, Planning and Zoning Commission or staff may request photographs showing the property involved and the area where the drainageway is to be removed.
G.
Streams.
1.
Buffer Requirements.
a.
For streams depicted as a solid blue line on the U.S.G.S. map, a natural vegetative buffer shall be maintained for fifty (50) feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank. For all other streams subject to this Subsection, a natural vegetative buffer shall be maintained for twenty-five (25) feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank.
b.
No septic tanks or septic tank drain fields shall be permitted within the buffer.
2.
Site Plan Requirements. Any permit or land development applications for property requiring buffers must include the following on a site plan:
a.
Location of all streams on the property established by field survey;
b.
Limits of required stream buffers on the property;
c.
Buffer zone topography with contour lines at no greater than five (5) foot contour intervals;
d.
Location of tree masses and individual trees with trunk diameter of six (6) inches or more within the required stream buffers on the property.
e.
Detailed plans of all proposed land development in the buffer.
3.
Land Uses And/Or Activities Allowed In Required Buffers.
a.
Ongoing or previously approved land uses and/or activities:
(1)
Maintenance or repair of any lawful use of land that is approved for such use on or before the effective date of this Section.
(2)
On-going activities including, but not limited to, existing landscaping, gardening and lawn maintenance, except that new development or land disturbance activities on such properties will be subject to all applicable buffer requirements.
(3)
Land development activity that is under construction, fully approved for development, scheduled for permit approval or that is part of a larger master development plan or other phased development that has been approved up to two (2) years before the effective date of this Section.
b.
Activities related to management and maintenance of buffers, with written approval of the Director:
c.
Emergency work necessary to preserve life or property. When such work is performed, the person performing it shall report such work to the Director on the next business day after commencement of the work and shall apply for any permits as may be required for the work.
d.
Unpaved foot trails or paths.
e.
Roads, bridges and utilities (including sanitary and storm sewers), subject to the following:
(1)
The right-of-way or utility easement shall be the minimum width needed to allow for installation.
(2)
The angle of the right-of-way or utility easement shall be perpendicular to the stream in order to minimize clearing requirements.
(3)
Plans and plats shall include only the minimum number possible of such crossings.
Section 405.336 Residential Tree Protection And Removal Standards.
[Ord. No. 4317, 10-14-2019]
A.
Purpose. The purpose of this Section is ensure the preservation of existing healthy trees on an individual residential lot. Trees are an important community asset as they provide environmental benefits, enhance neighborhood character and add to property values.
B.
Applicability. This Section shall apply to any project for a new home or an increase in impervious area of fifty percent (50%) on an existing, individual residential lot which is subject to a demolition permit, grading permit, building permit or architectural review.
C.
Tree Protection Plan Required.
1.
Any project subject to the requirements of this Section shall submit a Tree Protection Plan (TPP) for review concurrent with the submittal of other required applications and plans. The drawings shall conform to the specifications of this Section and any other requirements or conditions imposed by the City.
2.
The TPP is subject to the approval of the City Administrator or their designee or any other Board or Commission that is authorized to render a final decision. Amendments or modifications to an approved TPP are subject to the applicable requirements of the particular permit for which it was approved .
3.
The following items shall be provided on the TPP. Additional information may be requested by the City.
a.
Project title listing project name, owner name, and name of firm or individual preparing the plan.
b.
North arrow, graphic and written scale.
c.
Scaled base plan using current information from the site development plan depicting existing and proposed grades, location of all improvements, existing and proposed utilities and sewers.
d.
Graphic depiction of all existing trees to remain and to be removed including location, types and size.
e.
Graphic depiction of the accurate drip line canopy showing the extent of the Critical Root Zones (CRZ).
f.
Graphic depiction of the proposed Tree Protection Zones (TPZ) and location of tree protection fencing.
g.
Tree protection and planting notes and details applicable to the project, pursuant to Section 405.336(F), Tree Protection Measures.
h.
A tree chart shall be submitted with the TPP. The tree chart shall list the size (DBH), cross-sectional area (CSA), species, condition and preservation/removal status of all existing trees.
i.
Certification (signed and sealed) by a Missouri licensed landscape architect or ISA certified arborist.
D.
Tree Removal.
1.
The removal of any hazardous, dead or diseased trees on private property, as determined by a licensed landscape architect, certified arborist, or other evidence deemed credible by the City, as necessary to remedy an immediate threat to person or property is not subject to the requirements of this Section.
2.
Trees removed within one (1) year preceding the submittal of a development application to the City must be documented by a dated conditions report prepared by a certified arborist or forester, dated conditions photographs and a copy of the work order with date of service. Any tree removed within one (1) year prior to the submittal of a development or building permit application that is not documented and approved by the City will be considered in good condition by default.
3.
With the exception of any property for which a tree preservation plan has been approved in accordance with this Section and a building permit has been issued, it shall be prohibited for any person to remove any trees six (6) inches in diameter or greater for the purposes of preparing a lot for development that is subject to a demolition permit, grading permit, building permit or architectural review.
E.
Tree Preservation Requirements.
1.
A minimum of fifty percent (50%) of the calculated total of (CSA) of all healthy trees, six (6) inches in diameter or greater, shall be preserved.
2.
Trees in poor condition or that are dead shall not be counted toward the calculated total of CSA.
3.
Failure to preserve a minimum of fifty percent (50%) (CSA) of healthy trees shall be mitigated in the following ways, either individually or in combination:
a.
Replacement trees shall have a total cross-sectional area equal to at least twenty-five percent (25%) of the cross-sectional area of the trees to be removed.
b.
Replacement trees shall be in three (3) inch diameter increments.
c.
Trees to be planted to meet requirements for new landscaping and bufferyards shall count as replacement trees.
d.
If there is not sufficient room on the site, a contribution to the City's Tree Fund shall be made in an amount equal to thirty dollars ($30.00) per cross-sectional inch of the required replacement trees (see chart).
TREE REPLACEMENT CHART | ||||
|---|---|---|---|---|
Tree Size (DIA) (inches) | CSA (SQIN) | Replacement Area Required — 25% (SQIN) | Replacement in Equivalent Trees | Replacement Fund Contribution @ $30/(SQIN) |
6 | 28.3 | 7.1 | 1- 3" | $213.00 |
8 | 50.2 | 12.6 | 2 - 3" | $378.00 |
10 | 78.5 | 19.6 | 3 - 3" | $588.00 |
12 | 113.0 | 28.2 | 4 - 3" | $846.00 |
15 | 176.0 | 44.0 | 7 - 3" | $1,320.00 |
18 | 254.0 | 63.5 | 9 - 3" | $1,905.00 |
20 | 314.0 | 78.5 | 11 - 3" | $2,355.00 |
24 | 452.0 | 113.0 | 16 - 3" | $3,390.00 |
30 | 706.5 | 176.6 | 24 - 3" | $5,298.00 |
36 | 1,017.0 | 254.3 | 36 - 3" | $7,628.00 |
40 | 1,256.0 | 314.0 | 44 - 3" | $9,420.00 |
42 | 1,384.7 | 346.2 | 49 - 3" | $10,386.00 |
48 | 1,808.6 | 452.1 | 64 - 3" | $13,563.00 |
F.
Tree Protection Measures.
1.
Any construction, demolition, site work or similar activity which may injure existing trees which are to be preserved shall require the installation of tree protection measures as set forth in this Section or as otherwise determined by the City. The following tree protection measures are to be followed and must be noted on the TPP:
a.
All tree protection measures shall be installed prior to the commencement of demolition, excavation, construction or site work.
b.
A pre-construction meeting shall be held on-site to review the installed protection measures with operators, construction supervisors, contractor's representatives, and the City representative (if required by the City).
c.
Development impact shall not enter the Critical Root Zone (CRZ) of trees to be preserved. If this is not avoidable, the tree may have to be removed and tree restoration requirements will be applied.
d.
Tree protection fencing shall be installed along the edge of the Tree Protection Zone (TPZ) of each preserved and impacted tree within the disturbed areas. Trees that share a TPZ can be fenced together in a cluster. Tree protection fencing shall be installed along hardscape edges that will remain intact. No more than twenty-five percent (25%) of the TPZ can be impacted.
e.
The contractor on the site shall stake clearing limits in order to facilitate location for trenching and fencing installation for tree protection.
f.
The sequence of tree preservation measures, if required, shall be as follows: tree protection fencing installation to establish the TPZ; root pruning trenching; tree pruning and chemical treatment; and aeration systems.
g.
Tree protection fencing shall be maintained and repaired by the contractor for the duration of construction and approved by the City. No alteration shall occur without prior approval by the City.
h.
Access to the TPZ by construction equipment, materials, or individuals that may cause harm to protected trees will not be allowed. Only limited access, if necessary, shall be permitted with the prior approval of the City.
i.
Removal of trees, shrubs, or undergrowth from protected areas shall only be performed when necessary and must be done with hand/power tools only, no heavy equipment/machinery.
j.
Utility locations should be planned for areas outside of the (TPZ). Utilities that must cross through the TPZ of trees due to site constraints and utility design requirements must be approved by the City and will be directional bored. No open trenches are allowed. Tree protection fencing must be maintained on both sides of the boring alignment.
k.
Attachment of any construction signs, fencing, etc., to any tree to be saved is strictly prohibited. Construction fence footings or support locations are required to be shown on the plan. Position post locations to span the TPZ. Upon completion of construction, all temporary barriers, fencing, and debris shall be removed from the site by the contractor.
l.
Tree protection fencing shall consist of a green mesh safety fence that is a minimum of three (3) feet in height, secured with heavy duty steel t-posts set a maximum of eight (8) feet apart.
m.
A moisture protected 8.5" x 11" sign stating, "Warning — Tree Protection Zone" shall be required to be placed on the tree protection fencing at a minimum of twenty (20) foot intervals, with a minimum of one (1) sign on each elevation of fence.
G.
Tree Restoration And Escrow Requirement.
1.
A tree restoration escrow deposit shall be submitted to the City prior to the issuance of any permit related to the development of a site.
2.
The dollar amount of the escrow deposit required shall be based on the total dollar value of all trees to be preserved. The basis for the dollar value of a tree shall be derived from the most recent edition of the Guide for Tree Appraisal as produced by the Council of Tree and Landscape Appraisers.
3.
Any trees that are intentionally or unintentionally removed or destroyed in violation of an approved TPP shall be replanted and restored within six (6) months according to the standards set forth in the Section.
4.
If it is determined by the City Administrator or their designee that the protected trees have not been replanted in a reasonable time, the City may cause the work to be performed and deduct from the escrow deposit accordingly.
5.
Prior to the full release of the escrow a report shall be submitted, in writing, from an International Society of Arboriculture Certified Arborist or a Landscape Architect approved by the City, verifying that the trees to be preserved are still alive.
6.
The escrow deposit shall be returned upon approval, by the City Administrator or their designee, of the submitted report and verification of the completion of any required tree restoration.
H.
Recommended Tree List. The following list of trees, while not inclusive, shall be considered desirable by the City of Town and Country for the purpose of planting, preservation and/or replacement. No trees shall be planted that are listed as an invasive species by the Missouri Department of Conservation.
[Ord. No. 4440, 7-26-2021]
Small Trees, under thirty (30) feet in height: | |
|---|---|
• | Crabapple, Flowering |
• | Hawthorne, Dotted |
• | Hawthorne, Green |
• | Lilac, Japanese Tree |
• | Maackia, Amur |
• | Magnolia |
• | Magnolia, Saucer |
• | Maple, Tatarian |
• | Maple, Trident |
• | Redbud, Eastern |
• | Serviceberry |
Medium Trees, thirty (30) to forty-five (45) feet in height: | |
|---|---|
• | Birch, River |
• | Corktree, Amur |
• | Filbert, Turkish |
• | Hardy Rubber Tree |
• | Holly, American |
• | Honeylocust, Thornless |
• | Hornbeam, American |
• | Hornbeam, European |
• | Magnolia, Cucumbertree |
• | Maple, Hedge |
• | Maple, Miyabe |
• | Maple, Shantung |
• | Yellowwood, American |
Large Trees, forty-five (45) feet in height or greater: | |
|---|---|
• | Bald Cypress |
• | Elm, Lacebark |
• | Gingko, Maidenhair Tree |
• | Hackberry, Common |
• | Hickory, Shagbark |
• | Linden, Littleleaf |
• | Linden, Silver |
• | Maple, Hybrid (Autumn Blaze) |
• | Maple, Sugar |
• | Oak, Bur |
• | Oak, English |
• | Oak, Northern Red |
• | Oak, Shumard |
• | Oak, Swamp White |
• | Oak, Willow |
• | Planetree, London |
• | Zelkova, Japanese |
Section 405.337 Sustainable And Native Landscaping Standards.
[Ord. No. 4345, 1-27-2020]
A.
Purpose. The purpose of this Section is to set minimum standards for the installation of or conversion of traditional lawn areas into a more sustainable or natural landscape within the residential zoning districts of Town and Country.
B.
Applicability. This Section shall apply to any single-family residential zoning district or planned development district with single-family-related uses.
C. COTTAGE GARDEN EXOTIC PLANTS HERB GARDEN NATURAL HERITAGE GARDEN NATURAL LANDSCAPE NATURAL LAWN NOXIOUS INVASIVES ORGANIC LAWN CARE ORNAMENTAL GARDEN RAIN GARDEN SUSTENANCE GARDEN TRADITIONAL LAWN
Definitions. As used in this Section the following terms shall have the following meanings unless otherwise defined by context:
A mixed garden of perennials, annuals, herbs and sometimes vegetables that visually enhance the yard area around a home.
Plants that have been brought into the State of Missouri from elsewhere such as the following: exotic Eurasian plants native to Europe or Asia, exotic American plants native to the Americas but not Missouri, and exotic cultivated varieties propagated by the horticultural industry.
A type of garden established for the planting and/or harvesting of herbs.
An area that is managed with the intention of simulating a natural community of plants native to the State of Missouri (e.g., prairie, meadow or woodland) which may include grasses (short and tall) and forbs (flowers), usually perennial in nature.
Plantings of grasses (short and tall), forbs (flowers), shrubs, woodlands and other gardens as defined that are often native but are sometimes mixed with non-natives, and are usually perennial in nature.
Turf lawn that is organic in nature and does not practice the use of chemicals in the form of pesticides, insecticides and herbicides and is kept no longer than eight (8) inches.
Weeds considered offensive and invasive to landscape gardens as specifically named by the Department of Agriculture of the State of Missouri.
Necessary inputs that are natural as opposed to synthetic as used in traditional lawns.
An area that is managed for the visual display of a variety of plants, including, but not limited to, trees, shrubs, ferns, flowers, grasses, ground cover, mosses and that does not contain any plant defined as a noxious invasive or one (1) that constitutes a nuisance to the community.
A garden that effectively uses stormwater runoff to grow and nurture a specifically designed garden bed.
A garden that is vegetable, fruit or herbal in nature that is usually planted and maintained for household food production.
Turf lawn that is often managed chemically, mowed regularly to be kept at a height no more than eight (8) inches.
D.
General Standards. The installation of or conversion of traditional lawn areas into a natural landscape garden or woodland may occur if it is in compliance with the following provisions:
1.
Natural landscape: a natural heritage garden, ornamental garden, rain garden, cottage garden, herb garden and/or sustenance garden.
a.
The garden does not violate any other City of Town and Country ordinance.
b.
The garden is authorized by the owner or occupier with written permission as verified by the owner.
c.
The garden, or any portion thereof, is a minimum of five (5) feet from any property line or public right-of-way.
d.
The garden is located on property with a residence that is occupied a minimum of nine (9) months within a calendar year.
e.
The garden shall not exceed thirty percent (30%) of the lot area of the property not otherwise occupied by buildings, structures or improvements.
f.
The approval of a landscape plan and maintenance agreement as specified in this Section.
g.
The garden does not contain exotic plants and noxious invasives.
E.
Landscape Plan And Maintenance Agreement Required. A landscape plan shall be submitted to the City Administrator or his/her designee for compliance with a site improvement permit (Section 405.250).
1.
A drawing or sketch depicting the area of the garden or woodlands relative to the property lines, public right-of-way, buildings and structures and improvements on the property.
2.
Information indicating the vegetation to be used within the plan and their approximate locations.
3.
The owner or occupier shall sign a maintenance agreement for the purpose of maintaining the garden or woodland and if not so doing returning the property to a natural or traditional lawn.
4.
A landscape plan and maintenance plan shall not be required for natural landscape areas that are less than five percent (5%) of the lot area, unless said area is located in the front yard of a residential home.
Section 405.340 Off-Street Parking, Loading, and Road Standards.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(8600), 11-13-1989]
A.
Purpose. This Section details the off-street parking design standards, the off-street loading design standards, and road standards, to supplement the off-street parking and loading requirements for each district in this Chapter.
B.
Off-Street Parking Design Standards.
1.
A required off-street parking space shall be at least nine (9) feet in width and at least eighteen (18) feet in length, exclusive of access drives or aisles, ramps, columns, or office or work areas. The length of parking space can be reduced to sixteen and one-half (16.5) feet including wheel stop if additional space of one and one-half (1.5) feet in length is provided for car overhang. The parking shall have a vertical clearance of at least seven (7) feet.
 |
2.
a.
Horizontal widths for parking rows, aisles, and modules shall be provided at widths no less than listed in the following table:
One-Way Parallel | 30° | 45° | 60° | 90° | |
|---|---|---|---|---|---|
Single row of parking Driving aisle Minimum width of module | 9' 12' 21' | 17' 12' 29' | 19' 13' 32' | 20' 18' 38' | 18' 24' 42' |
Two (2) rows of parking Driving aisle Minimum width of module | 18' 12' 30' | 34' 12' 46' | 38' 13' 51' | 40' 13' 58' | 36' 24' 60' |
3.
Access. Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street in a manner which will least interfere with traffic movements. No driveway across public property, or requiring a curb cut, shall exceed a width of twenty-five (25) feet.
4.
Handicapped parking. Parking for the handicapped shall be provided at a size, number, and location as specified by State and Federal regulations.
5.
Reductions from minimum.
a.
For development in any district, the Commission may recommend, and the Board of Aldermen may approve, a total reduction of not more than thirty percent (30%) of the required off-street parking and loading spaces actually installed where it has been demonstrated by study of the combined uses and customary operation of the uses that adequate parking would be provided.
b.
When such a reduction is approved, an area of sufficient size to include the number of parking and/or loading spaces necessary to meet the minimum requirements stated herein shall be designated on the site development plan and no structure or paved surface shall be permitted within such designated area. Such area shall not be included in any required bufferyards. Such areas shall be reserved to accommodate additional parking so as to meet the otherwise applicable minimum requirements in the event a conversion shall be required when the Board of Aldermen shall so determine. In the event of such determinations, the additional parking shall be constructed within four (4) months thereafter or within such time determined appropriate by the Board.
C.
Off-Street Loading Design Standards.
1.
The minimum area for each off-street loading space, excluding area for maneuvering, shall be four hundred eighty (480) square feet.
2.
At no time shall any part of a truck or van be allowed to extend into the right-of-way of a public thoroughfare while the truck or van is being loaded or unloaded.
D.
Road Standards.
1.
Design and construction of all new streets shall be in accordance with the street specifications prescribed in Chapter 410, Subdivision Regulations.
2.
Clear view of intersecting streets.
a.
In order to provide a clear view of intersecting streets to the motorist, there shall be a triangular area of clear vision formed by the two (2) intersecting streets.
b.
On any portion of a lot that lies within the triangular area described below, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half (2½) feet and ten (10) feet above the grade at the two (2) street centerlines.
c.
The triangular area shall be formed by a point on the boundary line of each street right-of-way located twenty (20) feet from the near edge of the intersection of the streets.
 |
d.
An existing street shall not be modified to provide for connection of a local street directly or via any other street(s) to more than one (1) major street.
Section 405.345 Supplemental Regulations.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(8700), 11-13-1989; Ord. No. 4030 §2, 11-14-2016; Ord. No. 4031 §1, 11-14-2016; Ord. No. 4033 §2, 11-14-2016; Ord. No. 4146, 12-11-2017; Ord. No. 4678, 2-10-2025]
A.
The regulations hereafter are intended to supplement the district regulations appearing elsewhere in this Chapter:
1.
Accessory structures prohibited, when. No accessory structure shall be erected or constructed on a lot until the construction of the main structure has actually commenced.
2.
Annexation and merger. Whenever an area is annexed to the City, or any other municipality shall merge with the City, the annexed area or the merged area shall have continued in force the zoning in force over said annexed area or merged area at the time of such annexation or merger, whether the same complies with the provisions of this Chapter or not until the City enacts zoning regulations for the annexed or merged area.
3.
Corner lots and double frontage lots. Corner lots and Double frontage lots shall be construed as fronting on each abutting street for purposes of applying the applicable minimum front setback requirement.
 |
4.
No residential dwelling shall be permitted in any accessory building and no residential dwelling shall be located in any "C", "CO", or "O" District.
5.
Excavation of holes. The construction, maintenance or existence of any unprotected, unbarricaded open or dangerous excavations, holes, pits or wells, or of any excavations, holes or pits which constitute or are reasonably likely to constitute a danger or menace to the public health, safety or welfare are hereby prohibited; provided however, this Section shall not prevent any excavation under a permit issued under the Building Code of the City where such excavations are properly protected and warning signs posted in such manner as may be approved by the Director.
6.
Grades. All buildings shall be located at such elevations that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building. The rear and side yards shall be sloped to allow for the flow of surface water away from the building without creating a nuisance; however, this shall not prevent the grading of a yard space to provide sunken or terraced areas, provided proper means are constructed and maintained to prevent the runoff of surface water from creating a nuisance on the adjacent properties.
7.
Litter.
a.
In this Section, the word "litter" means and includes garbage, trash, refuse, junk, brush, inoperative machinery or other waste material; the phrase "otherwise lawful" means in compliance with applicable zoning district regulations and within all rules, regulations, ordinances, conditions, permits and licenses applicable to the property or activity, whether arising from this Chapter or any other ordinance of the City.
c.
It shall be lawful:
(1)
To accumulate or store non-putrescible litter in a sight-proof structure or container.
(2)
To accumulate or store litter produced as an incident to the otherwise lawful use of the same premises when stored, where such storage is pending removal or disposal and does not exceed seven (7) days, provided the litter is placed or stored in a container or otherwise visually screened from the view of persons upon adjoining properties or streets.
(3)
To store material to be used in an otherwise lawful nursery operation on the premises devoted to such use.
(4)
To keep not more than one (1) unlicensed vehicle in an enclosed private garage.
(5)
To keep a compost pile provided that the compost is visually screened from the view of persons upon adjoining properties.
8.
Lot limitations. In all residential districts only one (1) main structure shall be placed on a lot.
9.
Ornamental features. Awnings, canopies, bay windows, roof overhangs and ornamental features may project into the area specified in Subsection (10) hereof not more than three (3) feet. Ornamental features do not include those details which are normally removable.
10.
Required open area. No structure or parts thereof may project or occupy that part of a yard extending from the lot line to the building line and said open area shall be open to the sky except the following are permitted to be located within said open area:
a.
Driveways of reasonable width for the purpose of providing ingress and egress to the main and accessory structures on the same lot;
b.
Fences, gates and retaining walls as permitted herein;
c.
Flagpoles;
d.
Identification signs, warning signs, governmental signs and directional signs;
f.
Signs within the limitations of Chapter 420 of this Title, but not within the side setback line in front yards;
g.
Steps, walks, mailboxes, lampposts and similar structures;
h.
Satellite Earth stations within the limitations of Sections 405.365(B)(3) and 405.465(B)(3).
i.
Residential HVAC units and standby generators provided that they are located against the foundation wall or as close as possible to the foundation wall as approved by City staff and no part of such equipment is within twenty (20) feet of any side or front lot line. No such equipment shall be located in a required rear yard setback.
j.
Mechanical equipment associated with a swimming pool, provided that no part of such equipment is within twenty (20) feet of any side lot line. No such equipment shall be located in a required front or rear yard setback.
k.
Unenclosed porches, not more than one (1) story in height, or a paved terrace without a roof or canopy may encroach up to ten (10) feet into a platted front setback; provided, such porch or terrace is no more than fifty percent (50%) of the width of the building front of the residential structure and that such residential structure was fully constructed prior to February 1, 2025.
11.
Telephone, cable TV and utilities. All electric and telephone distribution lines shall be installed underground. Cable switching enclosures, pad mounted transformers, and service pedestals may be installed above ground and may be located within the area described in Subsection (10) hereof. Nothing in the preceding sentences shall prohibit the continued or expanded use of above ground facilities in existence on the effective date of this Chapter.
12.
Areas designated for parking of motor vehicles and/or accessory buildings shall not be included in the floor area calculation unless the area exceeds one thousand fifty-six (1,056) square feet in size. Any area in excess of one thousand fifty-six (1,056) square feet designated for parking of motor vehicles and/or accessory buildings shall be counted as floor area for the purposes of this Code.
13.
An offset of at least twenty-five percent (25%) of the wall height shall be implemented into the face of any exterior wall which faces a side yard that is at an elevation of more than twenty-five (25) feet above the nearest adjacent grade, excepting for any portion of the exterior wall that encloses unoccupied attic space.
 |
14.
The following surfaces shall be included as green space when not under a roof:
16.
Where a single-family primary structure fronts on only one (1) street, the doors of any garage shall not face that street unless either: (a) the garage door cannot be seen from the view of a person standing in the paved portion of the street that is adjacent to the property line that fronts the street; or (b) the garage is located behind a porte-cochere or a vehicular passageway leading through a building or wall into an interior courtyard, where the opening is no more than twelve (12) feet in width and twelve (12) feet in height. Where a single-family primary structure fronts on more than one (1) street, the doors of any garage shall not face the street abutting what the Director of Planning and Public Works deems to be the primary frontage of the structure.
17.
Mechanical equipment for all new non-residential construction shall be screened from view from adjoining streets and adjoining properties by the building itself or approved screening. Such screening, if not landscaping, shall closely match the color of the building facade, roof or parapets. Screening shall be approved in conjunction with the architectural review process. Screening shall be installed for existing non-residential buildings when fifty percent (50%) or more of existing mechanical equipment is replaced or modified within a two-year period or if new mechanical equipment larger in any dimension than existing equipment is installed.
Section 405.350 Height Limitation Exceptions.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(8800), 11-13-1989]
A.
The following regulations set forth are intended to qualify or supplement the various district regulations appearing elsewhere in this Chapter:
1.
Antenna structures for private radio or television reception not more than ten (10) feet in height and attached to the roof of a building may exceed the height limitations otherwise provided for such building.
2.
Certain architectural features on buildings, to wit: parapet walls of not more than three (3) feet in height, chimneys, ornamental architectural towers, cupolas, domes, spires and similar architectural features may be erected to reasonable heights exceeding the existing height limits otherwise provided in the district in which the structure is situated as approved by the Board of Alderman after recommendation by the Planning and Zoning Commission.