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City of Town And Country, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(4000), 11-13-1989]
The regulations hereinafter set forth supplement the district regulations for each district in this Chapter.
[1]
Editor's Note: Former Section 405.140, Permit Required For Removal of Trees, was repealed 1-14-2019 by Ord. No. 4317.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(4300), 11-13-1989; Ord. No. 2843 §1, 8-13-2003; Ord. No. 2856 §1, 10-15-2003]
A. 
Purpose. The fence regulations set forth supplement the district regulations for each district in this Chapter.
B. 
Definitions. For the purposes of this Article the following terms shall be deemed to have the meaning indicated below:
COURTYARD
Enclosure wall which is architecturally integrated into, connected at both ends to an existing structural wall of, and located within the general exterior circumference of, the main building on a lot.
FENCE
A structure, partition or wall erected for the purpose of enclosing or separating land or for the purpose of providing shade or privacy screening. Shrubs, hedges, trees and other plant material shall not be considered a fence.
GATE
A moveable barrier attached to a permanent support structure.
STOCKADE FENCE
A fence comprised of a line of stout posts or stakes set side by side and held firmly together.
C. 
Permit Required. No person shall erect or maintain within the City any fence without first having obtained a permit from the City.
D. 
Prohibited Fences. The following fences are prohibited:
1. 
Stockade fences.
2. 
Fences made of chicken wire or similarly unstable materials.
3. 
Fences exceeding a height of six (6) feet.
4. 
Fences erected in a required front yard except as otherwise provided in this Chapter.
E. 
Permitted Fences In All Residential And Major Educational Districts. The following fences are permitted in all residential and major educational districts:
1. 
Fences with at least thirty percent (30%) open area consistently appearing throughout the entire area of the fence. No such fence shall be permitted in a required front yard.
2. 
Solid fences, and all fences with less than thirty percent (30%) open area, consisting of wood or masonry provided they are no longer than ten (10) feet in length, open on each end and within thirty (30) feet of the main structure. Such fences may be erected in required rear or side yards provided they are at least ten (10) feet from any lot line. No such fence shall be permitted in a required front yard.
3. 
Ten percent (10%) of a lot may be enclosed with a solid wood or masonry fence, or a fence with less than thirty percent (30%) open area, in a required rear or side yard provided the fence is at least ten (10) feet from any lot line and is landscaped with evergreen material approved by the Director as sufficient to screen the fence from adjoining residential uses. No such fence shall be permitted in a required front yard.
4. 
Fences of wood, masonry or wrought iron design which contain fifty percent (50%) or more open area and do not exceed four (4) feet in height shall be permitted (a) within the front yard of a lot along major streets as listed in Appendix 1 of this Chapter or (b) within the front yard of a lot which is located in the Estate zoning district, but which is not located in a subdivision, provided if there exists at least one hundred (100) feet between the principal structure located on the lot and the building line.
5. 
Courtyards shall not be deemed fences for the purposes of these regulations.
F. 
Permitted Fences In The Hospital, Campus Office, Office, Planned Office Park And Commercial Zoning Districts. The following fences are permitted in the hospital, campus office, office, planned office park and commercial zoning districts:
1. 
Fences with at least thirty percent (30%) open area consistently appearing throughout the entire area of the fences.
2. 
Solid fences of wood or masonry to screen and/or enclose trash disposal areas, loading docks, mechanical equipment, and similar uses and structures.
3. 
In major shopping centers. security fences no taller than eight (8) feet, which otherwise meet the requirements of this Section.
[Ord. No. 3291 §1, 10-23-2007]
A. 
Definitions. As used in this Section, the following terms shall have the following meanings unless otherwise defined by context:
DIRECTOR
The City's Planning Director or such other person designated to administer and enforce this Section.
FACILITIES
A network or system or any part thereof used for providing or delivering a service and consisting of one (1) or more lines, pipes, irrigation systems, wires, cables, fibers, conduit facilities, cabinets, poles, vaults, pedestals, boxes, appliances, antennas, transmitters, radios, towers, gates, meters, appurtenances or other equipment.
FACILITIES PERMIT
A permit granted by the City for placement of facilities on private property.
PERSON
An individual, partnership, limited liability corporation or partnership, association, joint stock company, trust, organization, corporation or other entity or any lawful successor thereto or transferee thereof.
SERVICE
Providing or delivering an economic good or an article of commerce including, but not limited to, gas, telephone, cable television, Internet, open video systems, video services, alarm systems, steam, electricity, water, telegraph, data transmission, petroleum pipelines, sanitary or stormwater sewerage or any similar or related service to one (1) or more persons located within or outside of the City using facilities located within the City.
B. 
Facilities Permits.
1. 
Any person desiring to place facilities on private property must first apply for and obtain a facilities permit in addition to any other permit, license, easement, franchise or authorization required by law. The Director may design and make available standard forms for such applications, requiring such information as allowed by law and as the Director determines in his or her discretion to be necessary and consistent with the provisions of this Section and to accomplish the purposes of this Section. Each application shall at minimum contain the following information, unless otherwise waived by the Director:
a. 
The name of the person on whose behalf the facilities are to be installed and the name, address and telephone number of a representative whom the City may notify or contact at any time (i.e., twenty-four (24) hours per day, seven (7) days per week) concerning the facilities;
b. 
A description of the proposed work, including a site plan and such plans or technical drawings or depictions showing the nature, dimensions and description of the facilities, their location and their proximity to other facilities that may be affected by their installation.
2. 
Each such application shall be accompanied by an application fee approved by the City to cover the cost of processing the application.
3. 
Application review and determination.
a. 
The Director shall promptly review each application and shall grant or deny the application within thirty-one (31) days. Unless the application is denied pursuant to Subparagraph (d) hereof, the Director shall issue a facilities permit upon determining that the applicant:
(1) 
Has submitted all necessary information,
(2) 
Has paid the appropriate fees, and
(3) 
Is in full compliance with this Section and all other City ordinances. The Director may establish procedures for bulk processing of applications and periodic payment of fees to avoid excessive processing and accounting costs.
b. 
It is the intention of the City that proposed facilities will not impair public safety, harm property values or significant sight lines or degrade the aesthetics of the adjoining properties or neighborhood and that the placement and appearance of facilities on private property should be minimized and limited in scope to the extent allowed by law to achieve the purposes of this Section. To accomplish such purposes, the Director may impose conditions on facilities permits, including alternative landscaping, designs or locations, provided that such conditions are reasonable and necessary, shall not result in a decline of service quality and are competitively neutral and non-discriminatory.
c. 
An applicant receiving a facilities permit shall promptly notify the Director of any material changes in the information submitted in the application or included in the permit. The Director may issue a revised facilities permit or require that the applicant reapply for a facilities permit.
d. 
The Director may deny an application, if denial is deemed to be in the public interest, for the following reasons:
(1) 
Delinquent fees, costs or expenses owed by the applicant;
(2) 
Failure to provide required information;
(3) 
The applicant being in violation of the provisions of this Section or other City ordinances;
(4) 
For reasons of environmental, historic or cultural sensitivity as defined by applicable Federal, State or local law;
(5) 
For the applicant's refusal to comply with reasonable conditions required by the Director; and
(6) 
For any other reason to protect the public health, safety and welfare, provided that such denial does not fall within the exclusive authority of the Missouri Public Service Commission and is imposed on a competitively neutral and non-discriminatory basis.
4. 
Permit revocation and ordinance violations.
a. 
The Director may revoke a facilities permit without fee refund after notice and an opportunity to cure, but only in the event of a substantial breach of the terms and conditions of the permit or this Section. Prior to revocation the Director shall provide written notice to the responsible person identifying any substantial breach and allowing a reasonable period of time not longer than thirty (30) days to cure the problem, which cure period may be immediate if certain activities must be stopped to protect the public safety. The cure period shall be extended by the Director on good cause shown. A substantial breach includes, but is not limited to, the following:
(1) 
A material violation of the facilities permit or this Section;
(2) 
An evasion or attempt to evade any material provision of the permit or this Section or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its residents;
(3) 
A material misrepresentation of fact in the permit application;
(4) 
A failure to complete facilities installation by the date specified in the permit, unless an extension is obtained or unless the failure to complete the work is due to reasons beyond the applicant's control; and
(5) 
A failure to correct, upon reasonable notice and opportunity to cure as specified by the Director, work that does not conform to applicable national safety ordinances, industry construction standards or the City's pertinent and applicable ordinances including, but not limited to, this Section, provided that City standards are no more stringent than those of a national safety ordinance.
b. 
Any breach of the terms and conditions of a facilities permit shall also be deemed a violation of this Section and in lieu of revocation the Director may initiate prosecution of the applicant or the facilities owner for such violation.
5. 
Appeals and alternative dispute resolution.
a. 
Any person aggrieved by a final determination of the Director may appeal in writing to the City Administrator within five business (5) days thereof. The appeal shall assert specific grounds for review and the City Administrator shall render a decision on the appeal within fifteen (15) business days of its receipt affirming, reversing or modifying the determination of the Director. The City Administrator may extend this time period for the purpose of any investigation or hearing deemed necessary. A decision affirming the Director's determination shall be in writing and supported by findings establishing the reasonableness of the decision. Any person aggrieved by the final determination of the City Administrator may file a petition for review pursuant to Chapter 536, RSMo., as amended, in the Circuit Court of the County of St. Louis. Such petition shall be filed within thirty (30) days after the City Administrator's final determination.
b. 
On agreement of the parties and in addition to any other remedies, any final decision of the City Administrator may be submitted to mediation or binding arbitration.
(1) 
In the event of mediation, the City Administrator and the applicant shall agree to a mediator. The costs and fees of the mediator shall be borne equally by the parties and each party shall pay its own costs, disbursements and attorney fees.
(2) 
In the event of arbitration, the City Administrator and the applicant shall agree to a single arbitrator. The costs and fees of the arbitrator shall be borne equally by the parties. If the parties cannot agree on an arbitrator, the matter shall be resolved by a three (3) person arbitration panel consisting of one (1) arbitrator selected by the City Administrator, one (1) arbitrator selected by the applicant or facilities owner and one (1) person selected by the other two (2) arbitrators, in which case each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expense of the third (3rd) arbitrator and of the arbitration. Each party shall also pay its own costs, disbursements and attorney fees.
6. 
Nothing herein shall relieve any applicant of the obligation to obtain a conditional use or other applicable permit for the placement of facilities when also required by the Municipal Code.
C. 
Facilities Regulations.
1. 
The following general regulations apply to the placement and appearance of facilities:
a. 
Facilities shall be placed underground, except when other similar facilities exist above ground or when conditions are such that underground construction is impossible, impractical or economically unfeasible as determined by the City and when in the City's judgment the above ground construction has minimal aesthetic impact on the area where the construction is proposed. Facilities shall not be located so as to interfere or be likely to interfere with any public facilities or use of public property.
b. 
Facilities shall be located in such a manner as to reduce or eliminate their visibility. Non-residential zoning districts are preferred to residential zoning districts. Preferred locations in order of priority in both type districts are rear yards and on a corner lot behind the applicable setbacks, unless some other location is available. Placements within side yards not bordered by a street or within front yards are discouraged.
c. 
Facilities shall be a neutral color and shall not be bright, reflective or metallic. Black, gray and tan shall be considered neutral colors, as shall any color that blends with the surrounding dominant color and helps to camouflage the facilities. Sight proof screening, landscape or otherwise, may be required for facilities taller than three (3) feet in height or covering in excess of four (4) square feet in size. Such screening shall be sufficient to reasonably conceal the facility. A landscape plan identifying the size and species of landscaping materials shall be approved by the Director prior to installation of any facility requiring landscape screening. The person responsible for the facilities shall be responsible for the installation, repair or replacement of screening materials. Alternative concealment may be approved by the Director to the extent it meets or exceeds the purposes of these requirements.
d. 
Facilities shall be constructed and maintained in a safe manner and so as to not emit any unnecessary or intrusive noise and in accordance with all applicable provisions of the Occupational Safety and Health Act of 1970, the National Electrical Safety Code and all other applicable Federal, State or local laws and regulations.
e. 
No person shall place or cause to be placed any sort of signs, advertisements or other extraneous markings on the facilities, except such necessary minimal markings approved by the City as necessary to identify the facilities for service, repair, maintenance or emergency purposes or as may be otherwise required to be affixed by applicable law or regulation.
f. 
If the application of this Subsection excludes locations for facilities to the extent that the exclusion conflicts with the reasonable requirements of the applicant, the Director shall cooperate in good faith with the applicant to attempt to find suitable alternatives, but the City shall not be required to incur any financial cost or to acquire new locations for the applicant.
2. 
Any person installing, repairing, maintaining, removing or operating facilities, and the person on whose behalf the work is being done, shall protect from damage any and all existing structures and property belonging to the City and any other person. Any and all rights-of-way, public property or private property disturbed or damaged during the work shall be repaired or replaced and the responsible person shall immediately notify the owner of the fact of the damaged property. Such repair or replacement shall be completed within a reasonable time specified by the Director and to the Director's satisfaction.
3. 
The applicant shall provide written notice to all property owners within one hundred eighty-five (185) feet of the site at least forty-eight (48) hours prior to any installation, replacement or expansion of its facilities. Notice shall include a reasonably detailed description of work to be done, the location of work and the time and duration of the work.
4. 
At the City's direction, a person owning or controlling facilities shall protect, support, disconnect, relocate or remove facilities, at its own cost and expense, when necessary to accommodate the construction, improvement, expansion, relocation or maintenance of streets or other public works or to protect the ROW or the public health, safety or welfare.
5. 
If a person installs facilities without having complied with the requirements of this Section or abandons the facilities, said person shall remove the facilities and if the person fails to remove the facilities within a reasonable period of time, the City may, to the extent permitted by law, have the removal done at the person's expense.
6. 
Facilities shall be subject to all other applicable regulations and standards as established as part of the City Code including, but not limited to, building codes, zoning requirements and the Rights-Of-Way Usage Code in addition to the regulations provided herein.
[Ord. No. 4147, 12-11-2017]
A. 
Purpose. The purpose of this Section is to set standards for exterior lighting in the City of Town and Country in order to promote safety, security and to protect against potential nuisances.
B. 
Definitions. As used in this Section, the following terms shall have the following meanings unless otherwise defined by context:
FIXTURE
The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole assembly, a lamp holder, a ballast, a reflector or mirror and/or a refractor or lens.
FOOTCANDLE
A unit of illuminance on a surface that is everywhere one (1) foot from a uniform point source of light of one (1) candle and equal to one (1) lumen per square foot.
FULLY SHIELDED
Outdoor light fixtures shielded or constructed so that no light rays are emitted above the horizontal plane.
LAMP
The component of luminaire that produces the actual light, commonly known as the "bulb" or "light bulb."
LUMEN
A unit of luminous flux. One (1) footcandle equals one (1) lumen per square foot.
LUMINAIRE
A complete lighting system and includes a lamp or lamps and a fixture.
MAJOR SHOPPING CENTER
A shopping center containing a floor area of at least four hundred thousand (400,000) square feet on a site of at least sixty-five (65) acres and providing shared off-street parking for commercial establishment and restaurants on the site.
NUISANCE LIGHTING
Lighting which changes in intensity such as blinking or flashing lights, glares, and casts light in excess of one (1) footcandle onto adjacent property or a public street.
PARKING LOT
A paved area open to the sky for the parking of motor vehicles.
STREET
All surfaces used for vehicular traffic, including public or private right-of-ways which afford the principal means of access by vehicles to abutting properties, and excluding parking lot entrance drives and circulating drives in non-residential developments and private driveways in residential developments. The word "street" shall be construed to include major streets, minor streets, local streets, roads, avenues, boulevards, alleys, lanes, viaducts and all other public ways in the City.
C. 
Existing Lighting. When fifty percent (50%) or more of existing outdoor light fixtures are being replaced or modified within a two-year time period, then all lighting shall be made to conform to the provisions of this Section.
D. 
Outdoor Athletic Facility. High-intensity or special purpose lighting of outdoor athletic facilities shall require a conditional use permit as governed by Article VI, Conditional Uses. Conditions related to the following may be imposed by the Board of Aldermen:
1. 
Hours of operation.
2. 
Pole height.
3. 
Illumination levels at the property line.
4. 
Minimum setback distance from the property line.
E. 
Lighting Plans. Two (2) copies of the lighting plan shall be submitted to the City. If the lighting plan is submitted with other improvements plans, it shall be on a separate sheet. It shall be drawn on a sheet not to exceed twenty-four (24) inches by thirty-six (36) inches.
1. 
Plan Review. All lighting plans shall be reviewed and approved by the Director or his or her designee.
2. 
Fee. There shall be a fee of one hundred dollars ($100.00) payable when a lighting plan is submitted to the City of Town and Country. This fee shall be waived when a lighting plan is submitted in conjunction with a request for a building or land subdivision permit.
3. 
Required Information. The following shall be submitted as part of the lighting plan:
a. 
Manufacturer's catalog of the light sources and the light standards with specifications data.
b. 
Photometric curves indicating both vertical and horizontal candlepower distribution.
c. 
A plan of a portion of roadway on ten-foot grids between a minimum of two (2) light sources with calculated initial footcandle levels at the center of each ten-foot grid. Calculations for intersections, circular turnarounds and parking areas shall be submitted if requested.
F. 
General Standards. Exterior lighting shall be designed, installed and operated so as to perform its desired and approved function but without nuisance.
1. 
Illumination Levels.
a. 
Footcandle. Exterior lighting shall conform to the following schedule:
Footcandles at Grade Level
Maximum initial level at property lines adjacent to Commercial or other Non-Residential Districts
0.5 fc
Maximum initial level at property lines adjacent to Residential or Park Districts
0.1 fc
Maximum initial level 5 feet from base of Light Standard
8.0 fc
Maximum initial level - under canopies
22.0 fc
2. 
Equipment.
a. 
Light Source. The following standards shall apply to all exterior lighting:
(1) 
Parking lot lighting shall be fully shielded.
(2) 
Light fixtures mounted on canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface of the canopy and/or fully shielded.
(3) 
Wall-mounted lights shall be fully-shielded and only direct light downward.
(4) 
Architectural, landscape, and decorative lighting shall shine directly onto the intended surface.
b. 
Height. Mounting of lighting fixtures shall not exceed a height, measured from the bottom of the base at grade to the top of the fixture, greater than the following:
i.
Major Shopping Center Parking Lot:
30 feet
ii.
All other Parking Lots:
20 feet
16 feet (within 50 feet of residential or park district property line)
iii.
Outdoor Athletic Facility
Per a Conditional Use Permit
c. 
Location. Light standards shall not be located within three (3) feet of the street pavement or twenty (20) feet of a residential or park district property line.
d. 
Lighting Controls. Exterior lighting shall be equipped with lighting controls that extinguish all outdoor lighting when sufficient daylight is available. Automatic controls shall not be required for tunnels, parking garages, garage entrances and similar conditions.
3. 
Time Of Operation.
a. 
Security Lighting. Exterior lighting for security purpose may be on from dusk to dawn.
b. 
Non-Security Lighting. Non-security lighting, other than that used for special and infrequent occasions, shall not be on past approved hours of operation, if any, or 10:00 P.M., whichever is later.
4. 
Maintenance.
a. 
Responsibility. Any property owner installing a lighting system shall be responsible for maintaining such system or must provide an alternate method such as a maintenance agreement or a trust indenture which sets forth the agency responsible for maintaining the lighting systems.
b. 
Approval. Approval of any lighting plan is subject to the City of Town and Country approving the maintenance plan.
G. 
Prohibitions. The following types of exterior lighting are prohibited within the City of Town and Country.
1. 
Laser Source Light. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal, is prohibited.
2. 
Searchlights. The operation of searchlights, such as xenon and carbon-arc, for advertising purposes is prohibited.
3. 
Flickering or flashing lights, except for decorative seasonal lighting purposes.
4. 
Message Lighting. The use of lighting to convey a message or logo is prohibited.
H. 
Exemptions.
1. 
Lighting required by the FAA for air traffic control and warning purposes.
2. 
Lighting for public monuments, statuary, flags and landmark sites.
3. 
Lighting in the public or private right-of-way installed by a governmental agency for traffic control.
4. 
Street lighting, approved by the applicable government authority.
5. 
Lighting installed by a governmental agency for the health, safety and welfare of the public.
6. 
Electronic or back-lit signage (all signage is subject to Municipal Code Chapter 420, Sign Regulations, Section 420.110, Illumination).
7. 
Temporary lighting as part of an approved temporary use permit.
8. 
Temporary lighting for emergency repair.
9. 
Decorative seasonal lights.
10. 
Lighting for single-family residential uses and their accessory structures.