City of Crestwood, MO
St. Louis County
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[1-12-2021 by Ord. No. 5119]
A. 
Scope. This article contains the performance standards and regulations pertaining to the landscape elements of residential, commercial, and industrial properties; requirements for the provision of trees along public rights-of-way; maintenance requirements for trees and other landscape components adjacent to public rights-of-way; and administration and enforcement of these regulations.
B. 
Purpose. The purpose of this article is to establish minimum standards for the provision, installation, maintenance, and removal of landscape plantings in order to achieve a healthy, visually pleasing, and safe community by the following means:
1. 
Preservation of vegetation. Preserve existing natural vegetation and the incorporation of native plants, plant communities, and ecosystems into landscape design, where possible.
2. 
Aesthetics. Improve the appearance of all areas through the incorporation of open space into development in ways that harmonize and enhance the natural and built environment.
3. 
Land values. Maintain and increase the value of land by requiring landscape improvements to be incorporated into development, thus becoming by itself a valuable capital asset.
4. 
Human values. Provide direct and important physical and psychological benefits to human beings through the use of landscape materials to reduce noise and glare, to provide visual diversity and seasonal interest, and visually soften the harsher aspects of urban development.
5. 
Improved design. Promote innovative and cost-conscious approaches to the design, installation, and maintenance of landscaping, encouraging water and energy conservation.
C. 
Applicability. Except as otherwise specifically provided for herein, this article shall apply to any existing development seeking to amend a conditional use permit, new development (including redevelopment), any proposed landscaping change in excess of 20% of the landscaped area of a site, maintenance and/or replacement of existing trees and landscaping on individual lots in the City; and to the installation, maintenance, and/or replacement of trees in public rights-of-way or private streets within all zoning districts.
1. 
When a landscape plan is required, it shall comply with the following requirements and contain the following elements:
a. 
A landscape plan for each lot or parcel involved in the proposed development shall be prepared and sealed by a Missouri registered professional landscape architect.
b. 
Be drawn to scale, including dimensions and distances, and shall include:
(1) 
Plans drawn at any scale, from one inch equals 20 feet to one inch equals 100 feet, on one or more sheets not less than 24 inches by 36 inches, nor greater than 36 inches by 48 inches in size; and shall include a North arrow, scale, date, and revision date block on each sheet;
(2) 
The approximate area of the tract shall be stated in the nearest 0.1 of an acre;
(3) 
Dimensions of the tract;
(4) 
Delineation and widths of streets, alley, or other rights-of-way, including radii of curves, culs-de-sac, etc.;
(5) 
Building setback lines, including side yard, rear yard, or proper line setback associated with the tract, in accordance with the applicable zoning district classification and ordinances;
(6) 
The location and identification of all existing trees, bushes, and plantings within the tract, indicating which are to be removed and preserved;
(7) 
The owners of record of land adjoining the tract; and
(8) 
The proposed use of the tract.
c. 
Delineate the existing and proposed parking spaces, or other vehicular areas, access aisles, driveways and similar features;
d. 
Designate by name and location the plant material to be installed or preserved in accordance with the requirements of this article;
e. 
Identify and describe the location and characteristics of all other landscape materials to be used;
f. 
Show all landscape features, including areas of vegetation to be preserved, in context with the location and outline of existing and proposed buildings and other improvements on the site, if any;
g. 
Include a tabulation clearly displaying the relevant statistical information necessary to evaluate compliance with the provisions of this article. This includes gross acreage, area of preservation areas, number of trees to be planted or preserved, square footage of paved areas, and such other information as required;
h. 
An irrigation plan indicating the location of sprinklers or water outlets; and
i. 
Contain such other information that may be required that is reasonable and necessary to determine that the landscape plan meets the requirements of this article.
D. 
Conflicts. If the provisions of this article conflict with other sections of this article or other ordinances or regulations, the more stringent limitation or requirement shall govern or prevail to the extent of the conflict.
E. 
Definitions. The following definitions shall apply in interpretation and enforcement of this article unless otherwise specifically stated:
BUFFER, PERIMETER LANDSCAPE
A continuous area of land set aside along the perimeter of a lot in which plant materials may be used to provide a transition between, and to reduce the environmental, aesthetic, and other impacts of, one type of land use upon another.
CALIPER
The thickness (diameter) of a tree trunk, when measured six inches above the ground for trees less than four inches and 12 inches above the ground for trees greater than four inches.
CANOPY TREE
A self-supporting woody plant of a species normally growing in the St. Louis metropolitan area to a mature height of not less than 20 feet and a mature spread of not less than 15 feet.
CRITICAL ROOT ZONE (CRZ)
The area of tree roots within the crown dripline. This zone is generally defined as the area underneath a tree's canopy, extending from the tree's trunk to a point no less than the furthest crown dripline.
026 Critical Root Zone.tif
CULTIVAR
An assemblage of cultivated plants which is clearly distinguished by any characters (morphological, physiological, cytological or chemical) and which, when reproduced (sexually or asexually), retains its distinguishing characteristics.
CULTIVATED LANDSCAPE AREA
Planted areas that receive routine maintenance, such as mowing, irrigating, pruning, fertilizing, and similar routine maintenance, so as to ensure healthy plants and a well-kept appearance.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of the trunk of a tree, in inches of diameter, measured at breast height 4.5 feet above the original soil or natural grade. If a tree forks or separates into two or more trunks below 4.5 feet, then the trunk is measured at its narrowest point below the fork.
DRIPLINE
A vertical line extending from the outermost branch tips of a tree to the finished grade below.
026 Dripline.tif
GROUND COVER
Plants, other than turf grass, normally reaching an average maximum height of not more than 24 inches at maturity.
HEDGE
A landscape barrier consisting of a continuous, dense planting of woody vegetation which may be either composed of trees or shrubs.
IRRIGATION SYSTEM
A permanent, automatic artificial watering system installed below grade designed to transport and distribute controlled amounts of water to plants.
LANDSCAPE FEATURES
Any combination of nonliving landscape material, such as rocks, pebbles, sand, mulch, walls, fences or decorative paving materials.
LANDSCAPE PLANTINGS
Any combination of living plants, such as grass, ground cover, shrubs, vines, perennials, or trees.
MULCH
Nonliving organic or rock materials customarily used in landscaping designed to retain moisture, stabilize soil temperatures, control weed growth, and retard erosion.
PLANT COMMUNITY
A natural association of plants that is dominated by one or more prominent species or a characteristic physical attribute.
SHRUB
A self-supporting woody perennial plant of low to medium height characterized by multiple stems and branches continuous from the base, usually not more than 10 feet in height at its maturity.
SITE-SPECIFIC PLANTING
The selection of plant materials which are particularly well-suited to withstand macro and micro climate conditions that are specific to that location.
SPECIES
A unit or group of similar individual plants within a greater genus sharing the same traits. For example: Q. alba, White Oak.
TOPPING
The severe cutting back of limbs to stubs larger than three inches in diameter with the tree's crown to such degree so as to distort the normal canopy shape, thus disfiguring the tree.
UNDERSTORY PLANT MATERIAL
Assemblages of natural low-level woody, herbaceous, and ground cover species which exist in the area below the canopy of the trees.
UNDERSTORY TREE
Any self-supporting woody plant which normally attains an overall height of no more than 30 feet at maturity, usually with one main stem or trunk and many branches. It may appear to have several stems or trunks in several species.
VARIETY
A term used in the botanical sense to constitute a group or class of plants subordinate to a species (e.g., subspecies). See definition for "cultivar"; sometime used interchangeable with cultivar.
VIABLE
When referring to a tree, shrub, or other type of plant, is a plant that, in the judgment of the Director of Public Services or his/her designated representative, is capable of sustaining its own life processes, unaided by man, for a reasonable period of time.
[1-12-2021 by Ord. No. 5119]
The following standards shall be considered the minimum requirements for the installation of all plant materials on lots or within public rights-of-way in all zoning districts.
A. 
Size; digging.
1. 
Size specifications. Unless otherwise stated in this article, all size specifications for plant materials shall be based upon the time of planting. When minimum caliper is specified for tree plantings, the caliper of the tree trunk shall be taken at six inches above the ground level, up to and including four-inch caliper size, and 12 inches above ground for larger sizes.
2. 
Digging in street rights-of-way or easements. It shall be the responsibility of the person planning to install plant materials within a street right-of-way or a utility easement to notify any utility company or public agency having any underground utilities within such right-of-way or easement. This notification shall take place prior to any digging and all work shall be in accordance with any rules and regulations as provided for by local or state law or by regulations of the utility companies or public agency.
B. 
Minimum tree and shrub planting or preservation requirements.
1. 
Interference. Trees shall not be placed where they interfere with site drainage or where they shall require frequent pruning in order to avoid interference with overhead utility lines.
2. 
Acceptable tree species, cultivars, or varieties. Trees planted on existing developed sites, in conjunction with new developments and within public rights-of-way within all zoning districts, shall be of the species, cultivars, or varieties listed in Tables 1 through 4, on file with the City, except as otherwise provided herein. The species, cultivars, and/or varieties which are listed in Table 4 are not acceptable for planting within the public rights-of-way due to susceptibility to salt damage, potential for impeding sight-distance visibility, susceptibility to disease, potential for growth into street pavement areas, and other potentially undesirable effects of such plantings. The Director of Public Services shall have the right, from time to time, to modify, delete or add to the species, cultivars or varieties listed in such tables.
3. 
Undesirable tree species, cultivars, or varieties. In order to protect the City's existing trees from disease, to ensure that the species and varieties of trees which are planted will grow and be healthy, will be resistant to storms, and do not present other undesirable effects, the trees listed on file with the City shall not be planted on existing development sites, in conjunction with new developments or within public rights-of-way in any zoning district, except upon the approval of the Planning Commission. The Planning Commission may allow for such exceptions where it is demonstrated that such plantings will not be a detriment to adjoining streets, other nearby property or the trees thereon.
4. 
Landscape materials.
a. 
Tree planting. Immediately upon planting, all trees shall conform to the American Standard for Nursery Stock, published by the American Association of Nurserymen, Inc., as revised from time to time, and have the following characteristics:
(1) 
In all residential zoning districts, all medium to large canopy trees shall be a minimum of 10 feet in height and shall have a minimum caliper of two inches. In all C-1 and M-1 Districts, all medium to large canopy trees shall be a minimum of 12 feet in height and shall have a minimum caliper of three inches.
(2) 
All small understory trees shall be at least five feet in height, except where they are fulfilling the requirement as a landscape buffer, in which case they shall be a minimum of eight feet in height and shall have a minimum caliper of two inches.
b. 
Tree species mix. When more than 10 trees are to be planted to meet the requirements of this article, at least two different species shall be provided.
5. 
Landscape plantings within or near street rights-of-way. In any zoning district where trees are to be planted within or near a street right-of-way, the following standards shall apply:
a. 
Sight-distance triangle on private property. On a corner lot, development shall conform to the requirements of a sight-distance triangle in which nothing shall be erected, placed, planted, or allowed to grow between a height of two feet and 10 feet above the grades at the back of the curb (or edge of pavement where no curb exists) of the intersecting streets, within the triangular area formed by the right-of-way lines and a line connecting them at points 40 feet from their point of intersection, or at equivalent points on private streets, except that the sight-distance triangle may be increased, when deemed necessary for traffic safety, by the Director of Public Services.
b. 
Sight-distance clearance within right-of-way. No tree or other landscape plantings exceeding two feet in height at maturity shall be planted in public rights-of-way closer than 40 feet of any street corner, measured from the point of intersecting curbs or edge of pavement. The point of intersection is where the projection of a straight line along such curb or edge of pavement of each street intersects with each other.
c. 
Plantings near fire hydrants. No shrubs or trees shall be located within 10 feet of a fire hydrant.
d. 
Minimum distance between street and sidewalk. In no event shall a tree be planted where the clear space between the curb and a sidewalk is less than four feet, except where authorized by the Director of Public Services or his/her designated representative. Where there is space between the curb, or edge of pavement, and sidewalk of not less than four feet, street trees may be planted. Such street trees shall be placed midway between the curb, or edge of pavement, and sidewalk wherever practical.
e. 
Street trees between street and sidewalk: medium canopy. Where the planting area between the curb or edge of the roadway pavement and the edge of a sidewalk is limited to a width of between four and five feet, only medium canopy trees shall be planted, except as provided for in Subsection B5h below.
f. 
Street trees between street and sidewalk: large or medium canopy. Where the planting area between the curb or edge of the roadway pavement and the edge of the sidewalk is greater than five feet, medium and/or large canopy trees shall be planted, except as provided for in Subsection B5h below.
g. 
Street trees where no sidewalk exists. On parcels of land where no sidewalk exists, the required canopy trees shall be planted in an area not more than four feet nor less than three feet from the back of the curb or the edge of street pavement.
h. 
Interference with overhead utility wires. In instances where canopy trees of either medium or large size are likely to cause interference with overhead utility wires (as determined by the Director of Public Services or his/her designated representative), understory trees may be acceptable for planting.
i. 
Tree plantings prohibited near public right-of-way. No tree of any type shall be planted on private or public property within five feet of the right-of-way of any public street.
6. 
Required landscaping alongside lot lines. Except as otherwise provided for in these regulations, landscape plantings of at least five feet in width shall be required along each side lot line. The same shall apply to rear lot lines of corner lots, between the street and the established building setback line. Such restrictions shall not apply where there is an existing driveway within such five feet on a residential lot, which is being replaced.
C. 
Plant material installation. The following standards shall apply to all landscape installation projects subject to regulation by this article:
1. 
Soil conditions. Soil utilized for the growing medium of plant materials shall be friable, well-drained, local soil, capable of sustaining plant life. Areas which have been compacted by construction activities shall be thoroughly cultivated to the full depth of the compaction. Soil utilized for planting within these areas may be existing soil, provided that it is friable, well-drained, free of construction debris, including, but not limited to, scrap wood, trash, chemical/oil spills, excess paving materials, crushed rock, sand, natural site stones greater than one inch, mortar, and all other nonsoil materials.
2. 
Mulch. Organic mulches shall be used to reduce the growth of weeds, add nutrients to the soil, and retain moisture over the root zones of plant materials. When appropriate, a minimum of three inches of organic mulch shall be placed beneath all newly installed tree, shrub, and ground cover planting areas. At no time shall rock of any size or variety be placed around any existing or newly planted tree located in a public right-of-way.
3. 
Topsoil. The top four inches of the lawn bed for all areas to be seeded or sodded shall be topsoil.
D. 
Additional requirements in C-1 and M-1 Districts.
1. 
Requirements for areas adjacent to streets.
a. 
A sufficiently landscaped strip of at least 10 feet in width shall be provided and maintained within the required thirty-foot front yard and shall separate the off-street parking and drive areas from any public or private street.
b. 
All landscaping within a C-1 or M-1 Zoning District shall conform to an approved landscape plan as detailed in § 26-20 (Scope; purpose; applicability; conflicts; definitions), Subsection C (Applicability), of this article.
2. 
Requirements for off-street parking areas.
a. 
For any parking area containing more than five spaces, a minimum of 20 square feet of interior landscaped area shall be provided within the parking lot for each parking space. Landscape areas shall be uniformly distributed in one or more areas so as to break up the apparent expanse of the paved parking areas. In order to qualify as interior landscaped area, such area shall be located wholly within or projecting inward from the perimeter of the parking area. The landscaped strip, as required under Subsection D1a above, shall not qualify as interior landscaped area. This requirement may be waived by the Planning Commission if the Commission determines that there is not sufficient parking space available.
b. 
There shall be a minimum of one planting island, within and up to every 100 linear feet of parking for each parking row. This requirement may be waived by the Planning Commission if the Commission determines that there is not sufficient parking space to meet such a requirement. Such islands shall be spaced evenly wherever possible, and the ends of parking rows abutting a circulation aisle shall be defined by a planting island wherever feasible. These planting island areas shall be protected from vehicular encroachment by nonmountable, reinforced concrete curbing of a type specified by the Director of Public Services. The use of unreinforced extruded curbing of asphalt or other materials is prohibited.
c. 
Planting islands shall not be less than 90 square feet in area and eight feet wide, as measured from back of curb to back of curb.
d. 
In instances where vehicle parking occurs perpendicular or parallel to parking islands, no landscape plantings, other than low profile ground cover (grass, ivy, creeping juniper, wood mulch, or similar materials), shall be installed within 18 inches of the back of the curb.
e. 
No landscape hedge, bushes, shrubs, or other low-growing plant material, wall or berm shall exceed three feet in height within 90 feet of any driveway opening.
3. 
Buffer requirements. Where any parcel abuts any residential district or development, a fifty-foot perimeter landscape buffer and a solid masonry fence six feet in height shall be provided and maintained along all rear and side property lines where it abuts the residential district or development. The buffer area shall contain evergreen plant material with a minimum height of eight feet, planted in such a manner as to achieve an effective spacing of six feet on center. The height of such fence and evergreen plant material may be reduced if used in conjunction with a berm whose height in combination with the fence will achieve the standard specified herein. The berm shall not exceed a slope of 30° and shall be completely covered with shrubs, grass, or other living ground cover, in addition to the evergreen plant material specified herein.
4. 
Sodding requirements. All soil on the site which is not to be covered by buildings, parking and loading areas, and driveways, and which is not subject to other landscape treatment in accord with an approved site plan, shall be graded in accord with such site plan and covered with sod.
5. 
Irrigation. Landscaped areas shall be provided with adequate irrigation for the maintenance of grass, shrubs, ground cover and other plant materials by utilizing a sprinkler system, hose bibs, and/or such other method of providing water.
E. 
Additional requirements in R-1 through R-5 Districts.
1. 
Street trees between street and sidewalk. New construction should have at least one canopy tree for each 40 feet of frontage on a public or private street, shall be installed in the area between the sidewalk and the street edge or curb and shall be installed in accordance with the standards provided for in this article.
2. 
Nonconforming situations. In circumstances where existing parcels meeting the standard prescribed in Subsection E1 above become nonconforming as a result of the loss of a canopy tree due to storm damage, disease, or other means, the nonconforming condition shall be corrected as soon as weather and planting conditions permit. Any tree which replaces an existing tree shall be selected and installed in accordance with the standards provided for in this article. The parties responsible for correcting the nonconforming condition shall be as follows:
a. 
In such instances where public right-of-way is involved, the City shall be responsible for correcting the nonconforming condition, except in instances where the property owner has caused or condoned the damage; or
b. 
In such instances where private right-of-way is involved, the property owner shall be responsible for correcting the nonconforming condition.
F. 
Maintenance.
1. 
Maintenance standards for trees and cultivated landscape areas. The following standards shall apply to the maintenance of cultivated landscape areas, as defined in this article, and in public rights-of-way in all zoning districts, unless otherwise specifically stated:
a. 
Maintenance responsibility. The owner of land shall be responsible for the maintenance of all landscape plantings located on his/her land and within the right-of-way to which the land abuts, except for trees planted by the City within a public right-of-way. Trees planted by the City and located within public rights-of-way shall be maintained by the City. All required landscape plantings shall be maintained in a healthy and neat condition.
b. 
Vertical clearance requirements. In order to assure the safe and unimpeded progress of emergency and street maintenance vehicles, all trees, plants and shrubs that are within or adjacent to and overhanging any street, highway, road or thoroughfare shall be maintained to have the following vertical clearances (when fully leafed):
(1) 
A minimum height of 14 feet above the center line of the street, highway, road or thoroughfare; and
(2) 
A minimum height of 12 feet above the curb, or edge of pavement (when no curbing is present), of the street, highway, road or thoroughfare.
c. 
Removal or pruning of landscape plantings representing hazards or obstructions.
(1) 
Diseased or damaged trees. Any dead or diseased tree, on private property or within public rights-of-way, which constitutes a hazard to life or property; is diseased or infested with destructive insects or fungi; or is injurious to sewers, electric power lines, gaslines, water lines, or other public improvements shall be removed.
(2) 
Obstructions. It shall be the responsibility of the property owner to remove any trees, shrubs, or parts thereof which are planted on their property and which overhang or interfere with traffic control devices, streetlighting, public sidewalks, rights-of-way, or property owned by the City.
(3) 
Removal or pruning order. The Director of Public Services, or the Director's designated representative, shall have the authority to order the pruning or removal of any tree or part thereof on private property or within a public right-of-way which is in violation of the regulations and standards contained in this article.
d. 
Stump removal. The stumps of all removed trees shall be ground out to at least three inches below the ground level, the chips removed, the soil cavity filled with soil, and the area leveled. If the area where the tree is removed is to be paved, the top of the stump shall be ground out to at least six inches below the ground level.
e. 
Required replacement of trees. Any existing trees or vegetation that satisfies the requirements of this article which is removed shall be replaced with plantings which are of acceptable type and species and in locations which comply with the provisions of this article and any previously approved site and landscape plan. Such replacement shall take place within six months of notification from the Director of Public Services, or the Director's designated representative. Where such replacement involves properties within a C-1 or M-1 District, a landscape plan shall not be required if the replacement plantings match a previously approved landscape plan. If replacement will significantly vary from an approved landscape plan, a new plan may be required.
f. 
Pruning.
(1) 
All pruning should be accomplished according to standard horticultural practices.
(2) 
Trees may be periodically pruned or thinned in order to reduce the leaf mass and thus increase visibility to the site and/or minimize damage from storms. Trees severely damaged by storms or other causes, or trees under utility wires or other obstructions where standard horticultural pruning practices are impractical, may be exempted from this prohibition at the determination of the Director of Public Services, or the Director's designated representative.
g. 
Mowing. Grass shall be limited to a height below the height designated as a public nuisance in the City Code.
2. 
Procedures upon order to prune or remove.
a. 
In conjunction with the provisions of Subsection F1 above, the following procedures shall apply:
(1) 
Written order. When the Director of Public Services, or the Director's designated representative, finds it necessary to order the pruning or removal of trees or plants upon private property, as provided for herein, then he/she shall serve a written order upon the property owner to correct the condition creating danger, hazard, or obstruction. The order required herein shall be served by at least one of the following methods:
(a) 
By personal delivery of the order to the property owner of record;
(b) 
By mailing a copy of the order to the address of the owner of the property based on the most recent address on file in the office of the County Assessor;
(c) 
If the property owner cannot be located for service by the means specified in Subsection F2a(1)(a) and (b) above, then a copy of the order shall be posted on the property.
b. 
Time limit for compliance. The order required herein shall set forth a time limit for complying with such order, which shall not be earlier than seven days from the date of the order, except as provided for herein. Upon discovery of hazardous conditions which present extreme danger to persons or property, the Director of Public Services, or the Director's designated representative, shall have the authority to require forthwith compliance immediately upon service of the order.
c. 
Failure to comply with order. When a property owner to whom an order is directed fails to comply within the specified period of time, the Director of Public Services, or the Director's designated representative, shall remedy the condition or contract with others for such purpose and charge the cost thereof to the person or party.
d. 
Immediate action by City. When, in the opinion of the Director of Public Services or the Director's designated representative, there is an actual and imminent danger from a damaged or diseased tree which would endanger life, or when any tree, or any part thereof, has fallen and life is endangered, the Director of Public Services or the Director's designated representative is authorized and empowered to take whatever action may be necessary to render the tree or part thereof temporarily safe, whether or not the notice procedure as previously described in this section has been instituted.
e. 
Special assessment. The costs incurred in the performance of any procedure required as a result of conditions as outlined in Subsection F2c and d above shall be billed to the owner of the real property where such work is performed. If such bill is not paid within 30 days after forwarding a statement therefor by the Director of Public Services, or the Director's authorized representative, the costs shall be levied against the property upon which such work was performed as a special assessment. The levying of the assessment herein shall not affect the liability of the persons or parties where such work was performed. Such special assessment shall be certified by the Director of Public Services to the City Clerk and shall thereupon become and be a lien upon the property and shall be included in the next tax bill rendered to the owner thereof unless paid before, and shall be collected in the same manner as other taxes against the property.
3. 
Interference. It shall be unlawful to delay, or in any manner interfere with, the Director of Public Services, or the Director's designated representative, in planting, pruning, spraying or removing any tree, shrub, vine, or other plant in any public street, boulevard, alley, park, or other public place, or in the removal of any stone, cement or other material from about the trunk thereof; to interfere with or delay the Director of Public Services, or the Director's designated representative, in the removal of dangerous or diseased trees on private property as provided for herein in Subsection F1; or to interfere with the Director of Public Services, or the Director's designated representative, in the discharge of duties provided for in this article.
4. 
Replacement of landscaping within public right-of-way. If, as the result of the violation of any provision of this article, the injury, mutilation, or death of a tree, shrub, or other plant located within a public right-of-way is caused, the cost of repair or replacement of such tree, shrub, or other plant shall be borne by the person or persons in violation. The replacement value of trees and shrubs shall be determined in accordance with the latest revision of "A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens," as published by the International Society of Arboriculture and as revised from time to time.
[1-12-2021 by Ord. No. 5119]
Fences may be erected on residential lots and in commercially and industrially zoned districts in the City subject to the following provisions of this section and any other applicable provision of this chapter.
A. 
Where erected. In residential and commercial districts fencing can be erected as follows:
1. 
Decorative and/or decorative sight-proof fences not more than six feet in height generally of the types as shown in Figure 26-22-1 may be located only within rear or side yards and are prohibited from extending beyond the front building line. On corner lots having two front yards (double frontage), fences may be located within the front yard deemed to be the side yard based on the street frontage that the primary building entry faces.
Figure 26-22-1
Examples of Fence Types
Examples of Decorative Sight-Proof Fences
Not to Exceed a Height of Six Feet
026 Fig 26-210 A Type 1.tif
026 Fig 26-210 A Type 2.tif
026 Fig 26-210 A Type 3.tif
Examples of Decorative Fences (Open Panel)
Not to Exceed a Height of Six Feet
026 Fig 26-210 A Type 4.tif
026 Fig 26-210 A Type 5.tif
026 Fig 26-210 A Type 6.tif
026 Fig 26-210 A Type 7.tif
2. 
In residential districts and commercial districts which abut residential property, chain-link fencing is permitted but must be vinyl-coated or powder-coated in black or other earth-tone colors, such as brown, tan, or dark green.
3. 
On corner lots, fences of any type may not be located in front of the building lines along the side street in order to preserve a sight triangle as required by Article II (Definitions), § 26-5 (Defined terms), of this chapter. Figure 26-22-2 shows permitted fence locations. A fence with a setback of one foot from the street right-of-way line, provided that there are no driveways facing such street within the same block: In such case, a fence should be set back 10 feet from the street right-of-way line.
Figure 26-22-2
026 Fig 26 Permitted Fence Locations.tif
4. 
All new or replacement fences shall be constructed with cross-framing and other structural support which would comprise the back of a fence to face within or toward the area to be enclosed. This standard is intended to apply to typical wood fencing panels and is not applicable to aluminum, steel, wrought iron, or vinyl fencing systems where the structural components are part of the post and panel system or to board-on-board wooden fencing where the vertical boards alternate to the front and back side of the horizontal cross members.
5. 
No new fences shall be constructed of materials such as chicken coop wire, barbed wire, or bamboo. Uncoated chain-link fencing may be permitted in industrial areas; however, such fences may not be topped by barbed wire or razor wire without receiving approval by formal action of the Planning Commission.
6. 
All fences shall be kept in good repair and, if of a type other than nonrusting material, shall be properly painted or preserved.
7. 
It shall be the duty of the Director of Public Services, or his/her designee, to enforce the provisions of this section. Whenever the Director of Public Services or designee determines that a person is violating the provisions of this section, he shall give notice of such alleged violation which shall:
a. 
Be in writing;
b. 
Be served upon the person, his agent, or a member of his immediate family personally, or delivered by registered or certified mail to his last known address;
c. 
Contain a statement of the reason why it is being issued;
d. 
Contain a statement concerning what action should be taken to effect compliance with this section; and
e. 
Allow a reasonable time for the performance of any act necessary to effect compliance.
8. 
Exceptions.
a. 
When a person subject to the provisions of this section can show that the strict application of the terms hereof will substantially impair the reasonable use and enjoyment of property, such person may apply for an exception to the provisions of this section by filing a written application with the Planning Commission. The Planning Commission shall conduct a hearing on said application after written notice is sent by first class mail to the owners of all property abutting the property upon which the fence is sought to be erected.
b. 
The Planning Commission may consider and allow exceptions from the strict application of this section if such exceptions are in harmony with the purpose and intent of this section, and if they will not be injurious to the surrounding property or otherwise detrimental to the public welfare, taking into account the location of the property, the permitted uses of the property and nearby properties, the prevailing traffic conditions on adjoining roadways and in the vicinity, and the configuration of the property and improvements thereon.
c. 
In granting an exception, the Planning Commission or the designated committee may attach such conditions as it deems necessary relating to location, design and landscaping to mitigate the impact of the fence exception on the adjoining property or general neighborhood.
[1-12-2021 by Ord. No. 5119]
In addition to the regulations established for the Watson Road Overlay Area as set forth in Article IV (Zoning Districts and Use Standards), § 26-18(Watson Road Overlay Area), Subsection E2k (Development requirements, guidelines and standards; Site design; Lighting) the following site lighting standards and shall apply to all uses within the Watson Road Overlay Area, C-1 and M-1 Districts and to all PD-C, and PD-MXD developments, including all new developments, amendment of an approved site plan, amendment of a conditional use permit, or any lighting change to an existing development, involving new fixtures, standards, heads or luminaires.
A. 
General standards.
1. 
Site lighting shall include all lighting on property, other than lighting within a fully enclosed building, provided that site lighting shall include interior lighting when used as accent lighting, as provided in Subsection A8 of this section.
2. 
Site lighting fixtures shall be compatible with the building design and the adjoining landscape and shall not be used in such a manner as to turn the building itself into signage.
3. 
Excessive brightness of site lighting shall be avoided.
4. 
Site lighting shall not spill over to adjacent sites or properties.
5. 
Site lighting shall not create glare which is directed toward or reflected onto adjoining properties.
6. 
Site lighting shall not create glare which is directed toward or reflected onto streets, or interior drives where such glare could negatively impact vehicular or pedestrian safety.
7. 
Except as may be provided elsewhere in this section, site lighting shall at no time be directed upward, in a radiating and/or moving or sweeping pattern, or at any angle which will light surfaces other than building walls, parking or pedestrian areas, and landscaped areas, and shall not create lighting patterns which will direct light toward residential areas.
8. 
Except as may be authorized in Article VII (Sign Regulations), of this chapter, the use of tube lighting of any singular static color may be utilized as accent lighting in any location on the site, including the exterior of a building or around any window as long as the lighting is recessed and the tubing would not be visible from the street.
9. 
At the time of filing any application for any use, development, amendment or change as set out in § 26-23 hereof, a lighting plan for site lighting shall be provided on a separate sheet. The following information shall be submitted as part of the lighting plan:
a. 
Manufacturer's catalog cut sheet or other graphic and narrative description of the light standards, fixture heads, and/or luminaires with specification data.
b. 
Photometric curves indicating both vertical and horizontal candle-power distribution.
c. 
A plan of the site superimposed with a grid of not more than 20 feet between light sources showing the calculated footcandle levels at average site grade at the center of each twenty-foot grid.
10. 
All site lighting shall be installed utilizing underground cable.
B. 
Illumination standards.
1. 
Except as otherwise provided in the following provisions of this section, all parking and loading areas and walkways shall be illuminated so as to produce a uniform minimum average illumination within such areas of two footcandles of illumination, measured at the ground level.
2. 
Lighting fixtures or standards without cutoff-type luminaires or with globe-style luminaires shall be no higher than 15 feet and shall have a maximum illumination output of not more than 10,000 lumens.
3. 
Lighting fixtures or standards with a cutoff-type luminaire shall be no higher than 25 feet with a maximum average illumination of the property, measured at ground level over the site, of five footcandles.
4. 
Except as may be otherwise approved by the Planning and Zoning Commission, where parking and loading areas are adjacent to residential areas, the maximum average illumination of the area between the rear building wall line and the property line abutting a residential area shall be one footcandle, measured at ground level over the site, provided that at the property line abutting a residential area, the maximum illumination of the property shall be no higher than 0.1 footcandle.
5. 
Where parking or loading areas abut residential property, the fixture head shall be of an appropriate type which controls the lighting pattern and shields such residential property from direct view of the light source. In order to achieve this end, reflector shields may be required for fixture heads.
6. 
Globe-style fixture heads (including other shapes, such as acorn or cylinder styles) may only be used as decorative accents along the front of properties or buildings which face bordering streets which are occupied by, or zoned for, commercial or light industrial uses and where adjoining uses on the same side of the street are not residential. No such fixtures shall be located in any side or rear yard. Globe-style fixture heads shall be of the types which are frosted or translucent so that the bulb lighting source is not visible and that emitted light is diffused.
[1-12-2021 by Ord. No. 5119]
In addition to any applicable requirements of Article IX (Subdivisions and Land Development), § 26-44 (Land development standards) relating to stormwater drainage, regulations for providing stream buffer protection shall apply to all land development activity as provided for in this section.
A. 
Purposes. The purpose of this section is to protect the public health, safety, environment and general welfare; to minimize public and private losses due to erosion, siltation and water pollution; and to maintain stream water quality by provisions designed to:
1. 
Create buffer zones along the streams within the City for the protection of water resources;
2. 
Minimize land development within such buffers by establishing buffer zone requirements and by requiring authorization for any such activities;
3. 
Protect, restore, and maintain the chemical, physical and biological integrity of streams and their water resources;
4. 
Remove pollutants delivered in urban stormwater;
5. 
Reduce erosion and control sedimentation;
6. 
Protect and stabilize stream banks;
7. 
Provide for infiltration of stormwater runoff;
8. 
Maintain base flow of streams;
9. 
Contribute organic matter that is a source of food and energy for the aquatic ecosystem;
10. 
Provide tree canopy to shade streams and promote desirable aquatic habitat;
11. 
Provide riparian wildlife habitat;
12. 
Furnish scenic value and recreation opportunity; and
13. 
Provide opportunities for the protection and restoration of green space.
B. 
Applicability. This section shall apply to land development activity involving new subdividing and platting activities on property containing a stream protection area as defined in Subsection C of this section. These requirements are in addition to and do not replace or supersede any other applicable buffer or floodplain requirements established under state law, this chapter, or City ordinance, and approval or exemption from these requirements does not constitute approval or exemption from buffer requirements established under state law or City ordinance or from other applicable local, state or federal regulations.
1. 
Exceptions. This section shall not apply to the following activities:
a. 
Work consisting of the repair or maintenance of any lawful use of land that is zoned and approved for such use on or before the effective date of this section.
b. 
Existing development and ongoing land disturbance activities, including but not limited to existing agriculture, silviculture, landscaping, gardening and lawn maintenance, except that new development or land disturbance activities on such properties will be subject to all applicable buffer requirements.
c. 
Any land development activity that is under construction, fully approved for development, scheduled for permit approval or has been submitted for approval as of the effective date of this section.
d. 
Land development activity that has not been submitted for approval, but that is part of a larger master development plan, such as for an office park or other phased development that has been previously approved within two years of the effective date of this section.
e. 
Redevelopment within a residential or commercial property which currently encroaches within the stream buffer so long as improvements do not exceed the existing encroachment.
2. 
Exemptions. The following specific activities are exempt from this section. Exemption of these activities does not constitute an exemption for any other activity proposed on a property.
a. 
Activities for the purpose of building one of the following:
(1) 
A stream crossing by a driveway, transportation route or utility line;
(2) 
Public water supply intake or public wastewater structures or stormwater outfalls;
(3) 
Intrusions necessary to provide access to a property;
(4) 
Public access facilities that must be on the water, including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks;
(5) 
Unpaved foot trails and paths;
(6) 
Activities to restore and enhance stream bank stability, vegetation, water quality and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used; or
(7) 
Municipal public improvements.
b. 
Public sewer line easements. This includes such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures.
c. 
Land development activities within a park or right-of-way existing at the time this section takes effect or approved under the terms of this section.
d. 
Within an easement of any utility existing at the time this section takes effect or approved under the terms of this section, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures.
e. 
Emergency work necessary to preserve life or property. However, when emergency work is performed under this section, the person performing it shall report such work to the Department of Public Services on the next business day after commencement of the work. Within 10 days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the Director of Public Services to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area.
f. 
Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural uses and are not incidental to other land development activity. If such activity results in land disturbance in the buffer that would otherwise be prohibited, then no other land disturbance activity other than normal forest management practices will be allowed on the entire property for three years after the end of the activities that intruded on the buffer.
g. 
Any activities approved under a 404 permit issued by the Corps of Engineers and 401 water quality certification issued by the Missouri Department of Natural Resources.
3. 
Any land development activity within a buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to Subsection D2, below.
C. 
Definitions. The following definitions shall apply when used in this section:
BUFFER
A stream, a natural or enhanced vegetated area (established by Subsection D of this section) lying adjacent to the stream.
FLOODPLAIN
Any land area susceptible to flooding, which would have at least a one-percent probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan; i.e., the regulatory flood.
IMPERVIOUS COVER
Any man-made paved, hardened or structural surface regardless of material. Impervious cover includes, but is not limited to, rooftops, buildings, streets, roads, decks, swimming pools and any concrete or asphalt.
LAND DEVELOPMENT
Any land change, including but not limited to clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving and any other installation of impervious cover.
LAND DEVELOPMENT ACTIVITY(IES)
Those actions or activities which comprise, facilitate or result in land development.
LAND DISTURBANCE
Any land or vegetation change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, that does not involve construction, paving or any other installation of impervious cover.
LAND DISTURBANCE ACTIVITY(IES)
Those actions or activities which comprise, facilitate or result in land disturbance.
PARCEL
Any plot, lot or acreage shown as a unit on the latest county tax assessment records.
PERMIT
The permit issued by the City required for undertaking any land development activity.
PERSON
Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the state, any interstate body or any other legal entity.
PROTECTION AREA or STREAM PROTECTION AREA
With respect to a stream, the combined areas of all required buffers and setbacks applicable to such stream.
RIPARIAN
Belonging or related to the bank of a river, stream, lake, pond or impoundment.
SETBACK
With respect to a stream, the area established by Subsection D1b of this section extending beyond any buffer applicable to the stream.
STREAM
Any stream, beginning at:
1. 
All natural watercourses depicted by a solid or dashed blue line on the most current United States Geological Survey (USGS) 7.5 Minute Series (Topographic) Maps for Missouri; or
2. 
A point in the stream channel with a drainage area of 25 acres or more.
STREAM BANK
The sloping land that contains the stream channel and the normal flows of the stream. Where no established top-of-bank can be determined, the stream bank will be the ordinary high-water mark as defined by the Corps of Engineers in Title 33 of the Code of Federal Regulation, Part 328.3.
STREAM CHANNEL
The portion of a watercourse that contains the base flow of the stream.
D. 
Land development requirements. The land development requirement shall apply as set forth below:
1. 
Buffer and setback requirements. All land development activity subject to this section shall meet the following requirements:
a. 
For streams depicted as a solid blue line on the USGS Map, an undisturbed natural vegetative buffer shall be maintained for 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 section, an undisturbed natural vegetative buffer shall be maintained for 25 feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank.
b. 
An additional setback shall be maintained for 25 feet, measured horizontally, beyond the undisturbed natural vegetative buffer, in which all impervious cover shall be prohibited. Grading, filling and earthmoving shall be minimized within the setback.
c. 
No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback.
2. 
Variance procedures. Variances from the above buffer and setback requirements may be granted in accordance with the following provisions:
a. 
Where a parcel was platted prior to the effective date of this section, and its shape, topography or other existing physical condition prevents land development consistent with this section, and the Board of Adjustment of the City finds and determines that the requirements of this section prohibit the otherwise lawful use of the property by the owner, the Board of Adjustment of the City may grant a variance from the buffer and setback requirements hereunder, provided that such variance requires mitigation measures to offset the effects of any proposed land development on the parcel.
b. 
Except as provided above, the Board of Adjustment of the City shall grant no variance from any provision of this section without first conducting a public hearing on the application for variance and authorizing the granting of the variance by an affirmative vote of the Board of Adjustment. The City shall give public notice of each such public hearing in a newspaper of general circulation within the City. The City shall require that the applicant post a sign giving notice of the proposed variance and the public hearing. The sign shall be of a size and posted in such a location on the property as to be clearly visible from the primary adjacent road right-of-way.
3. 
Conditions for considering variances.
a. 
Variances will be considered only in the following cases:
(1) 
When a property's shape, topography or other physical conditions existing at the time of the adoption of this section prevents land development unless a buffer variance is granted.
(2) 
Unusual circumstances when strict adherence to the minimal buffer requirements in the chapter would create an extreme hardship.
b. 
Variances will not be considered when, following adoption of this section, actions of any property owner of a given property have created conditions of a hardship on that property.
4. 
Information required. At a minimum, a variance request shall include the following information:
a. 
A site map that includes locations of all streams, wetlands, floodplain boundaries and other natural features, as determined by field survey;
b. 
A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;
c. 
A detailed site plan that shows the locations of all existing and proposed structures and other impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the buffer and setback. The exact area of the buffer to be affected shall be accurately and clearly indicated;
d. 
Documentation of unusual hardship should the buffer be maintained;
e. 
At least one alternative plan, which does not include a buffer or setback intrusion, or an explanation of why such a site plan is not possible;
f. 
A calculation of the total area and length of the proposed intrusion;
g. 
A stormwater management site plan, if applicable; and
h. 
Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must include an explanation of why none is being proposed.
5. 
Factors for determination. The following factors will be considered in determining whether to issue a variance:
a. 
The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;
b. 
The locations of all streams on the property, including along property boundaries;
c. 
The location and extent of the proposed buffer or setback intrusion; and
d. 
Whether alternative designs are possible which require less intrusion or no intrusion;
e. 
The long-term and construction water-quality impacts of the proposed variance;
f. 
Whether issuance of the variance is at least as protective of natural resources and the environment.
E. 
Additional information requirements for development on buffer zone properties.
1. 
Any permit applications for property requiring buffers and setbacks hereunder must include the following:
a. 
A site plan showing:
(1) 
The location of all streams on the property;
(2) 
Limits of required stream buffers and setbacks on the property;
(3) 
Buffer zone topography with contour lines at no greater than five-foot contour intervals;
(4) 
Delineation of forested and open areas in the buffer zone; and
(5) 
Detailed plans of all proposed land development in the buffer and of all proposed impervious cover within the setback.
b. 
A description of all proposed land development within the buffer and setback; and
c. 
Any other documentation that the Director of Public Services or Board of Adjustment may reasonably deem necessary for review of the application and to ensure that this section is addressed in the approval process.
2. 
All buffer and setback areas must be recorded on the final plat of the property following plan approval. A note to reference the vegetated buffer shall state: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by the City of Crestwood Stream Buffer Protection Ordinance."
F. 
Responsibility. Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the provisions of this section shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability upon the City, its elected officials, boards, commissions, officers or employees, for injury or damage to persons or property.
G. 
Inspection.
1. 
The City may cause inspections of the work in the buffer or setback to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist the City in making such inspections. The City shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this section, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area.
2. 
No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out official duties.
H. 
Violations, enforcement and penalties. In addition to any other remedies or penalties provide by this Code or Missouri law, any action or inaction which violates the provisions of this section or the requirements of an approved site plan or permit may be subject to the enforcement actions outlined in this subsection. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief.
1. 
Notice of violation. If the City determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved site plan or the provisions of this section, it shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this section without having first secured the appropriate permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site. The notice of violation shall contain:
a. 
The name and address of the owner or the applicant or the responsible person;
b. 
The address or other description of the site upon which the violation is occurring;
c. 
A statement specifying the nature of the violation;
d. 
A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the approved site plan or this section and the date for the completion of such remedial action;
e. 
A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and
f. 
A statement that the determination of violation may be appealed to the Director of Public Services by filing a written notice of appeal within 30 days after the notice of violation (except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient).
2. 
Penalties. In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of the following actions or imposing any of the following penalties, the City shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less than 10 days (except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the City may take any one or more of the following actions or impose any one or more of the following penalties:
a. 
Stop-work order. The City may issue a stop-work order which shall be served on the applicant or other responsible person. The stop-work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided that the stop-work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation or violations.
b. 
Withhold certificate of occupancy. The City may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.
c. 
Suspension, revocation or modification of permit. The City may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided that such permit may be reinstated (upon such conditions as the City may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.
d. 
Civil penalties. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within 10 days (or such greater period as the City shall deem appropriate) (except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) after the City has taken one or more of the actions described above, the City may impose a penalty not to exceed $1,000 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.
e. 
Criminal penalties. For any violation of this section, the City may issue a citation to the applicant or other responsible person, requiring such person to appear in Crestwood Municipal Court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000 or by imprisonment for 90 days, or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.
I. 
Administrative appeal and judicial review.
1. 
Administrative appeal. Any person aggrieved by a decision or order of the City may appeal, in writing, within 15 days after the issuance of such decision or order to the Director of Public Services of the City and shall be entitled to a hearing before the Board of Adjustment of the City within 30 days of receipt of the written appeal.
2. 
Judicial review. Any person aggrieved by a decision or order of the City, after exhausting all administrative remedies, shall have the right to appeal de novo to the St. Louis County Circuit Court.
J. 
Severability. If this section or any subsection, paragraph, clause, phrase or provision of this section shall be adjudged invalid or held unconstitutional, such decision shall not affect or invalidate the remaining portions of this section.