[R.O. 2008 §26-62; Ord. No. 1903 §1, 11-24-1997; Ord. No. 2080 §§4
— 5, 9-11-2000; Ord. No. 4071 §4, 4-9-2007]
A.
Purpose And Intent. Landscaped areas shall be provided in
order to create attractive transition areas between properties; to
minimize the impact of air, water and noise pollution; to minimize
impact of stormwater runoff; to provide shade and reduce glare; to
minimize the visual impact of solid waste receptacles and other on-site
storage areas; to aid in directing pedestrian and vehicular movement;
and to maintain and enhance the natural features of the site. Landscape
elements may include all forms of permitted natural vegetation and
plantings, ground forms, water features, rock groupings and all other
open space areas. It is the further purpose and intent of this Section
to require adequate protection for contiguous property against undesirable
effects from the creation and operation of parking or loading areas
and to protect and preserve the appearance and character of the surrounding
neighborhoods and of the City through the screening effects and aesthetic
qualities of such landscaping.
B.
Applicability. Every site development plan for an undeveloped parcel, every site development plan for a site meeting the criteria of Section 405.610(E) (cessation of site-related non-conformities) and every site development plan proposing the construction or improvement of a parking and/or loading area shall comply with the regulations contained in this Section. Street trees shall be provided on any land development including, but not limited to, land that is proposed for subdivision or development based on a site development plan. A concept landscape plan shall be submitted with the site development plan application for concurrent review by the City. A final landscape development plan shall be submitted with the final site development plan. The procedures and requirements contained in this Section 405.540 are in addition to the procedures and requirements contained in other Sections of the zoning ordinance which shall remain applicable to the parcel for which the application is filed. In case of conflict between the provisions of other Sections of the zoning ordinance with provisions of this Section 405.540, the more restrictive requirement shall control unless the context clearly shows otherwise.
C.
Application, Review And Approval Of A Concept Landscape Plan.
1.
A concept landscape plan shall be submitted with the application for site development plan approval. The review and approval of the concept landscape plan will occur concurrently with the review and approval of the other elements of the site development plan as outlined in Section 405.1080, site development plan approval.
2.
Concept landscape plans shall be prepared by an architect or landscape architect registered in the State of Missouri and shall be approved by the Planning and Zoning Commission which shall review the proposed landscaping to ascertain that the plan will promote and facilitate the objectives of this Section. Plans shall be drawn to an accurate scale and shall include those items outlined in Section 405.540(D), content of a concept landscape plan. This required concept landscape plan shall be incorporated and made part of a site development plan submitted in accordance with other zoning district requirements and Section 405.1080.
D.
Content Of A Concept Landscape Plan. Every concept landscape plan submitted to the City for review shall be based on the design standards in Section 405.540(F) and include:
1.
The location of all existing trees over six (6) inches in caliper
size if deciduous or over six (6) feet in height if evergreens and
an indication of all such trees to be removed and all to remain;
2.
A landscape plan including a conceptual drawing to scale indicating
generic plant material to be provided or preserved by the plan including
the size, location and type of trees, shrubs and ground covers as
well as related site improvements such as walls, berms, fences, street
furniture, water features and walkways.
E.
Content Of A Final Landscape Plan. The final landscape plan shall include all items included in the concept landscape plan approved by the Planning and Zoning Commission, shall clearly meet or exceed all of the design standards outlined in Section 405.540(F), shall be prepared by an architect or landscape architect registered in the State of Missouri and shall be included with the final site development plan. The final landscape plan shall be drawn to an accurate scale and shall show the layout of parking and loading areas, entrances and exits, drainage provisions, lighting provisions, surfacing, curb barriers. The final landscape plan shall also show the location and type of landscaping including a plant material schedule listing common and botanical names, quantities, size, spacing and method of planting of each of the plant material specified.
F.
Design Standards For Landscape Plans. A concept landscape plan shall be prepared based on the design standards included in this Section although the detail of the plan may be limited to convey basic design concepts. A final landscape plan shall be prepared and submitted with the final site improvement plan for all applicable developments as outlined in Section 405.540(A). The final landscape plan shall be prepared in accordance with the approved site development plan and concept landscape plan and meet the following design standards:
1.
Street trees shall be clearly delineated on the final landscape plan.
The street trees shall be deciduous hardwood trees, not less than
three (3) inch caliper size providing clear headroom of at least six
(6) feet. The street trees may include existing trees, new trees or
a combination thereof, provided that there is one (1) street tree
for every thirty (30) lineal feet or part thereof of street frontage
and such street trees shall be located on the subject property at
least two (2) feet six (6) inches but not more than twelve (12) feet
from the back of the curb, unless additional setback is necessary
to accommodate planned road widening, overhead utility lines or some
other condition identified by the Director of Planning. The Department
of Public Works shall maintain a list of recommended street trees
as well as undesirable trees. The Public Works Director or his/her
designee may approve street trees not included in the list of recommended
trees if the proposed tree is a deciduous hardwood, is disease resistant,
is salt tolerant and has a clear trunk height of at least seven (7)
feet six (6) inches or as directed by the Director of Public Works.
2.
When off-street parking or loading areas are located adjacent to
a residential district or to any lot upon which there is a dwelling
as a permitted use, there shall be provided along the lot line a continuous
opaque screen to a height adequate to prevent the direct light from
automobile headlights being cast on adjacent residential units but
with a minimum height of four (4) feet and not more than eight (8)
feet except that the height of such opaque screen shall not exceed
three and one-half (3½) feet within fifteen (15) feet of a
public right-of-way. The opaque screen may consist of a wall, fence,
landscaped earth berm, planted vegetation or existing vegetation or
any combination thereof which maintains a completely opaque screen.
The opaque portion of the screen must be opaque in all seasons of
the year.
3.
In addition to any landscaped front, back or side yard areas required
by this or any other Section, a minimum of ten (10) square feet of
interior landscaped area shall be provided within the parking lot
for each three hundred fifty (350) square feet of paved area within
the parking lot including parking spaces and driving aisles. The landscaping
shall be in one (1) or more areas so as to minimize and reduce the
apparent size of parking areas.
4.
All interior landscaped areas provided in accordance with the preceding
paragraph shall have a minimum area of fifty (50) square feet and
a minimum width of three (3) feet. Each separate interior landscaped
area shall include at least one (1) deciduous shade tree of a type
and size required herein. Such shade trees may include any approved
street tree or may include a deciduous tree that is disease resistant
and has a suitable clear trunk height considering its proposed placement
on the site. There shall be a minimum of two (2) deciduous shade trees,
within and up to, every one hundred (100) linear feet of parking for
each parking row. Such trees shall be spaced evenly around the perimeter.
The ends of parking rows abutting a circulation aisle shall be defined
by interior landscaped areas whenever feasible.
5.
The Planning and Zoning Commission may waive the requirement for interior landscaped areas in parking lots required by Subsection (F)(4) in the instance of a planned development which occupies a site in excess of three (3) acres, which has an overall site coverage of less than forty percent (40%) and which provides additional landscaping elsewhere on the site in compensation for that which otherwise would be located in required interior landscaped areas in parking lots.
6.
Deciduous shade trees and street trees which are required by this
Chapter shall have a minimum caliper of three (3) inches providing
clear headroom of at least six (6) feet where provided for use as
street trees, along pedestrian access routes or where such trees may
interfere with vehicular circulation or sight lines. Evergreen trees
shall be a minimum of six (6) feet in height at planting. All trees
shall be properly planted and staked. The number of such trees shall
be determined by the application of the above mentioned landscaped
standards; provided however, that in no instance shall there be less
than two (2) such trees in conjunction with the development of any
parking facility or lot.
7.
No landscaped hedge shall be less than two (2) feet in height and
two (2) feet in spread at time of installation; however, no hedge
or wall or berm shall exceed three (3) feet in height within ten (10)
feet of any driveway opening. The individual plants used in the development
of such a hedge shall be placed so as to be not more than thirty (30)
inches on center.
8.
The use of earth sculpting or berms shall be encouraged, provided
these are designed in an area of enough size so as to avoid erosion,
drainage or maintenance problems and provided that berms shall be
constructed with a grade not to exceed one (1) foot vertical to three
(3) feet horizontal (3:1 slope) for lawn areas and 2:1 slope for planting
beds containing shrubbery or ground cover unless a steeper slope is
approved by the Director of Public Works.
9.
Interior planting bed areas which are used for the planting of trees
or which are used for landscaping treatment generally may be treated
with grass, hardwood bark mulch, other types of ground cover and/or
open spaced pavers on a sand and gravel base located beneath and surrounding
trees and shrubs.
10.
All landscaping shall be permanently maintained in good condition
with at least the same quality and quantity of landscaping as initially
approved. In order to present a healthy, neat and orderly appearance,
all landscaped areas including interior parking lot islands and grass
areas shall be provided with adequate irrigation for the maintenance
of grass, shrubs, ground covering and other landscaping. An underground
irrigation system shall be installed, operated and maintained to meet
the intent of this Section. Such systems shall be required for all
new developments and redevelopments projects. For sites proposing
additions and/or expansions, an underground irrigation system shall
be installed, operated and maintained to meet the intent of this Section,
where physically practical and reasonable, as determined by the Planning
and Zoning Commission.
11.
All landscaped areas in parking areas or adjacent to parking or loading
areas, or that can be encroached upon by a motor vehicle, shall be
provided with an adequate, permanent curb as approved by the Director
of Public Works to restrict the destruction of the landscaped areas
by vehicles. Adequate scuppers, curb breaks and/or weep holes shall
be provided through the curbing to permit drainage. Alternative low-impact
stormwater techniques such as pervious pavers with the use of wheel
stops may be approved by the Director of Public Works.
12.
A perimeter landscaped buffer strip shall be provided and maintained
at a width of not less than five (5) feet between a parking lot and
the property line of abutting property. Other, more restrictive standards
for yards or buffering shall govern where required by this Chapter.
[R.O. 2008 §26-64; Ord. No. 1903 §1, 11-24-1997]
A.
Every use, activity, process or operation located or occurring in the City of Creve Coeur shall comply with the environmental performance standards prescribed in this Section and no such existing use, activity, process or operation shall be hereafter altered or modified so as to conflict with or further conflict with such environmental performance standards. If, as of the date of adoption of this Chapter, the operations of any lawful existing use violates these environmental performance standards, such operations shall not be varied or changed in any way as to increase the degree of such violation. The operation of any existing conforming use in violation of the environmental performance standards shall not in itself make such use subject to Section 405.610, Non-Conformities.
1.
Administration and enforcement.
a.
Whenever, in the opinion of the Zoning Administrator, there is a
reasonable probability that any use or occupancy violates these environmental
performance standards, he/she is hereby authorized to employ a qualified
technician or technicians to perform whatever investigations and analyses
as are necessary to determine whether or not they are in fact being
violated.
b.
In the event that a violation is found to exist, the violator shall be liable for the reasonable fee of the technicians employed to perform such investigations and analyses. Such fees may be recovered as a penalty in the same manner as, and in addition to, the penalties specified in Section 405.1150 of this Chapter.
c.
If a complaint is received regarding an alleged violation of any
of the provisions of this Article and the Zoning Administrator does
not believe that there is a reasonable probability that such a violation
actually exists, the Zoning Administrator may, as a condition precedent
to further investigation, require that the complainant post an escrow
deposit in the amount of two hundred dollars ($200.00) to defray the
cost of employing a qualified technician or technicians to perform
such investigation and analyses as may be necessary to determine whether
or not such violation exists.
(1)
In the event that the complaint is substantiated, the escrow
deposit shall be refunded to the depositor and the reasonable fees
associated with the investigation and analyses shall be recovered
in the manner provided above.
(2)
If the complaint proves unfounded, such fee shall be paid from
the complainant's escrow deposit. Any remainder of such deposit shall
be refunded to the complainant upon completion of the investigation.
d.
Any violation of this Chapter shall hereby be considered as creating a public nuisance. Therefore, in addition to the enforcement procedures specified in Subsections of this Section, the regulations of Chapter 215 of the Creve Coeur City Code (Nuisances) and any other applicable Sections shall apply.
2.
Noise. Sound levels and impulsive type noises shall
comply with the St. Louis County noise standards as established and
enforced by the St. Louis County Noise Abatement Office of the Department
of Community Health and Medical Care.
3.
Vibration. Earthborne vibrations shall comply with
the St. Louis County standards for vibration as established and enforced
by the St. Louis County noise abatement office of the Department of
Community Health and Medical Care.
4.
Toxic matter. No use shall discharge or store beyond
its lot or site boundaries any toxic matter in such concentrations
as to be detrimental to or endanger the public health, safety, comfort
or welfare or cause injury or damage to property or business.
5.
Fire and explosion hazards.
a.
The storage or utilization of solid materials ranging from incombustible
to moderate burning is permitted.
b.
The storage or utilization of solid materials ranging from free or
active burning to intense burning is permitted provided the following
conditions are met:
(1)
The materials shall be stored or utilized within completely
enclosed buildings or structures having incombustible exterior walls
and handled in accordance with the standards and regulations of the
appropriate fire protection district and the National Fire Protection
Association or its successors.
(2)
All such buildings shall be protected throughout by an automatic
fire extinguishing system installed in accordance with the standards
and regulations of the appropriate fire protection district and the
National Fire Protection Association or its successors.
(3)
Such materials, if stored outdoors, shall be no closer than
one hundred fifty (150) feet to the nearest lot line or in conformance
with the standards and regulations of the appropriate fire protection
district and the National Fire Protection Association or its successors.
c.
The storage or utilization of flammable liquids or materials which
produce flammable or explosive vapors shall be permitted in accordance
with the following limitations, exclusive of storage in underground
tanks and storage of finished products in original sealed containers.
(1)
Such materials or products shall be stored or utilized within
completely enclosed buildings having incombustible exterior walls
and handled in accordance with the standards and regulations of the
appropriate fire protection district and the National Fire Protection
Association or its successors and, in addition, all such buildings
shall be protected throughout by an automatic fire extinguishing system
installed in accordance with the standards and regulations of the
fire protection district and the National Fire Protection Association
or its successors.
(2)
The above ground storage of flammable liquids is prohibited,
except as allowed by regulations of the appropriate fire protection
district and the National Fire Protection Association.
(3)
The total of all flammable liquids permitted on any tract shall
not exceed five thousand (5,000) gallons unless approved by the appropriate
fire protection district, the Director of Community Development and
the Planning and Zoning Commission.
6.
Glare and heat. Any operation producing glare or
heat shall be performed within a completely enclosed building in such
manner as not to create a public nuisance or hazard beyond the boundaries
of the lot on which such building is located.
7.
Radiation hazards.
a.
The release of radioactive gases and particulate matter shall not
exceed the maximum allowable concentration permitted the general population
of applicable Federal, State and local laws and regulations when measured
at or beyond the lot line at ground level or habitable elevation.
b.
No activity involving radiation hazards shall be permitted which
causes exposure to persons at or beyond the lot lines in excess of
the maximum allowable permitted the general population in applicable
Federal, State and local laws and regulations.
[Ord. No. 5809, 10-24-2022]
A.
Purpose
And Intent. It is the purpose and intent of this Section to require
adequate protection of natural resources and property values in the
City, and to maintain and advance the goals of the Comprehensive Plan,
by providing for regulations regarding protection, removal, and the
planting of trees on residential lots within the City's residential
zoning districts. Nothing in this Section is intended to preclude
the removal of existing trees on private property after the receipt
of an initial occupancy permit.
B.
Applicability. The provisions of this Section shall apply to lots of record that contain a permitted use as a single-family residence with construction activities that involve a new home or any increase in impervious area of fifty percent (50%) or more, including additions, and which are subject to a demolition permit, building permit, residential development permit, and/or land disturbance/site improvement permit. Lot subdivisions are governed by the provision of Chapter 410.
C.
Tree
Protection And Replacement Plan Submittal Requirements. A Tree Protection
and Replacement Plan (TPRP) shall be submitted for review as part
of the initial permit process, be it demolition permit, building permit,
residential development permit, or other required permit application.
The TPRP shall be completed by a licensed landscape architect, architect,
engineer, or International Society of Arboriculture (ISA) certified
arborist and include the following minimum information:
1.
Project title listing the project name, owner name, and name and
credentials of individual or firm preparing the plan.
2.
North arrow, graphic and written scale which shall be based on the
site plan showing existing and proposed grades, utility easements,
new utility lines, and location of all existing and proposed improvements.
3.
A survey of all existing trees 6-inch diameter at breast height (DBH)
or greater on the property, indicating their type (botanical and common
name), diameter size in inches, and whether to be removed or to remain.
4.
Location of all trees removed in the twelve (12) months prior to
the date of application, if known.
5.
Graphic depiction showing the location and type of tree protection
fencing and showing City of Creve Coeur Tree Protection Details and
Standards.
6.
Location of new trees graphically shown and keyed to a tree chart
providing size (DBH), species and quantity.
D.
Tree
Removal And Replacement Requirements.
1.
Fifty percent (50%) of all existing trees in fair or better condition
measuring 6-inches or greater at DBH should be retained on the lot,
if feasible.
2.
Trees removed beyond the fifty percent (50%) lot retention minimum
that have 6-inches or more at DBH shall be replaced on the basis of
a one-to-one ratio (1:1) based on the total number of trees removed.
Trees that are more than 20-inches at DBH shall be replaced on the
basis of a two-to-one ratio (2:1).
3.
If the replacement trees as required by this Section cannot be provided
on-site, due to site constraints creating a hardship documented on
the TPRP and confirmed by the Zoning Administrator, a payment in lieu
of tree replacement shall be made to the credit of the City's Forestry
account in the General Revenue Fund. This fee shall be based upon
the City's current year street tree planting cost per tree for labor
and materials determined by the Public Works Department.
4.
All replacement trees shall be a minimum of two and one-half (2.5)
caliper inches in size at time of planting and shall be selected from
the City of Creve Coeur's recommended tree list. Replacement trees
shall be selected from the same category based on mature tree height
of the tree removed to the maximum extent practicable.
5.
Trees removed within one (1) year preceding the submittal of a permit
application to the City must be documented by a dated conditions report,
dated conditions photographs, and a copy of the work order with date
of service submitted with the TPRP. Any tree removed within one (1)
year prior to the submittal of a permit application that is not documented
and approved by the City will be considered in good condition by default.
6.
The removal of any trees that are hazardous, in poor condition, dead,
diseased, or considered invasive by the Missouri Department of Conservation
on private property, as determined by the TPRP, or other evidence
as deemed credible by the City, is not subject to the requirements
of this Section.
7.
The installation of all trees shall be completed prior to the issuance
of a final occupancy permit. Any trees that are removed at time of
final inspection contrary to the approved TPRP shall be replaced in
accordance with the requirements of this Section.
8.
Street Trees shall be maintained or provided in order to meet one
(1) tree per thirty (30) feet of street frontage and do not count
toward the replacement of removed trees on private property.
9.
A Final Report regarding compliance with the TPRP shall be prepared
by the same person or entity who developed the TPRP before the final
inspection is completed and the escrow is released. If such person
or entity is not available, the Zoning Administrator may approve a
substitute.
E.
Tree
Protection Requirements.
1.
All tree protection measures depicted on the TPRP shall be installed
prior to the commencement of demolition, excavation, construction,
or site work and maintained throughout construction activities.
2.
Tree protection fencing shall be installed around the dripline of
each impacted tree or cluster of trees within disturbed areas.
3.
City of Creve Coeur Tree Protection Details and Standards shall be
provided on the plan and followed at all times.
F.
Appeal
Procedures. An applicant may appeal the enforcement of this Section
by the Zoning Administrator through review by the Planning and Zoning
Commission in the form of a minor site development plan.
