St. Charles County, MO
 
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Table of Contents
Table of Contents
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 10-041 §36, 6-2-2010]
A. 
There shall be no more than one (1) single-family/single household dwelling unit on one (1) lot or parcel of land, except as provided herein.
B. 
Townhouses, apartments, condominiums, cluster homes, villas, and all other forms of property ownership do not affect the provisions of these regulations. All requirements shall be observed as though the property were under single ownership.
C. 
At-grade additions to single-family residences shall be attached to the existing residence with a dimension no less than fifty percent (50%) of the length of the longest linear wall of the addition and shall have an interior access to the existing structure.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(50—51), 10-1-2003; Ord. No. 10-041 §37, 6-2-2010]
A. 
The height limits established in Part 2, District Regulations, may be exceeded only by variance granted by the St. Charles County Board of Zoning Adjustment; agricultural structures and stealth communication facilities/telecommunication devices added to existing structures are exempt from this requirement.
B. 
Spires, steeples, monuments and belfries on buildings used for religious worship may be erected to a height not exceeding one hundred (100) feet.
C. 
The height limits for wind turbines and wind turbine farms shall be as established by the Governing Body in approval of the conditional use permit.
D. 
The height limits for all brewhouse structures in Agricultural Zoning Districts shall be established by the Governing Body in its approval of the conditional use permit.
[Ord. No. 18-060, 6-25-2018]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(52—55), 10-1-2003; Ord. No. 04-053 §1, 4-13-2004; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §38, 6-2-2010]
A. 
On lots fronting on one (1) or more streets, a front building line setback must be provided on all streets.
B. 
Where a frontage is divided among zoning districts with different front yard requirements, the more restrictive yard requirements shall apply.
C. 
Required building line setbacks must be adhered to around a group of buildings on one (1) lot in the "R3A", "R3B", "PR", "C", and "I" Districts, and related multi-family, hotel, motel, or institutional buildings.
D. 
Those parts of existing non-conforming buildings that violate yard regulations may be repaired and remodeled, but not reconstructed or structurally altered above fifty percent (50%) of their current fair market value. Any additions shall observe the required yard regulations of the district in which they are located.
E. 
Front yard setbacks will be used as indicated on recorded subdivision plats, in all other cases, existing zoning district setbacks apply.
F. 
Required front yards in all districts shall be devoted to landscaping, ingress and egress driveways, fences, sidewalks and exceptions as further provided here in Section 405.415.
1. 
Fences in residential districts or subdivisions in agricultural districts. A fence may be erected or constructed in compliance with all County ordinances as well as the following general conditions:
a. 
A fence may be located on a side or rear lot line, but no such fence shall protrude in full or part on adjacent property or right-of-way.
b. 
Fence height shall be measured from an established grade to the top most section of the fence. Where the grade forms a contour, the fence shall be required to maintain the same contour.
c. 
All portions of any fence must be constructed of the same or harmonious material. Fences consisting of solid metal panels are prohibited. All vertical and/or horizontal supports and cross members must face the interior of the lot.
d. 
Fences shall be maintained by the property owner according to all other codes of St. Charles County.
e. 
Fences on corner lots must observe the sight triangle requirement as defined in Section 405.415(K).
2. 
Fences in residential districts and subdivisions in the agricultural district. A fence may be erected or constructed subsequent to compliance with all County ordinances as well as the following criteria:
a. 
Interior and corner lots.
(1) 
Front yards. Fences in required front yards are prohibited.[1] However, fences on corner lots shall be permitted to the side of the principal structure subject to the following provisions:
(a) 
Fences as erected prior to January 1, 2010 with a setback of no less than one (1) foot from the street right-of-way line. The maximum height is six (6) feet.
(b) 
A fence with a setback of one (1) foot from the street right-of-way line provided that there are no principal structure facing such street within the same block. The maximum height is six (6) feet.
[1]
Editor's Note—In the original text of ord. no. 10-041, the word [on] was contained and has been editorially removed after conferring with the county.
(2) 
Side yards. All fences shall not exceed six (6) feet in height. There is no openness requirement.
(3) 
Rear yards. All fences shall not exceed six (6) feet in height. There is no openness requirement.
(4) 
Notwithstanding the above height restrictions, masonry pillars, including decorations and appurtenances thereon, in conjunction with ornamental iron fences cannot be more than twenty-five percent (25%) higher than the attached fence and not be wider than twenty-four (24) inches.
b. 
Through lots. Fences on through lots shall comply with the foregoing regulations; however, if all principal structures in the same block face the same street or direction and there is no vehicular access to the street in the same block which the principal structure does not face, a fence may be constructed with a setback of one (1) foot from the street right-of-way line on such yard that has no principal structures facing such street and vehicular access to such street within the same block.
3. 
Driveways within the required front yard shall be perpendicular to the street or as approved by the Director of Community Development or his/her designee and have a width, in all residential districts and in the "A" Agricultural District, no greater than the width of the garage and in no event greater than thirty (30) feet and, in commercial and industrial districts, no greater than the entrance width requirements as approved on the site plan.
G. 
Barbed wire and above ground electrical fences will not be allowed in yards in "R" Districts.
H. 
The minimum width of side yards for public/private schools, libraries and churches in residential districts shall be twenty-five (25) feet.
I. 
Parking spaces and drive aisles shall be permitted in the rear and side yards of all zoning districts provided all screening requirements and other provisions of these regulations are met.
J. 
Private swimming pools, including hot tubs, spas and incidental installations such as pumps and filters, may not be located in the required front yard of any parcel or lot. A pool and attached decking shall be set back a distance of not less than five (5) feet from the side and ten (10) feet from the rear property lines. On any lot with two (2) or more frontages, private swimming pools, attached decking, and any fencing as required by Chapter 500, Ordinances of St. Charles County, Missouri, are permitted within the front yard that the principal residence does not face, provided there are no principal structures within the same block that face that street or direction and the pool and attached decking are set back ten (10) feet from the street right-of-way line that the principal residence does not face. In the A, Agricultural District and RR, Residential District where lots or parcels of ground are three (3) acres in size or larger, a pool and attached decking shall be set back a distance of not less than ten (10) feet from the side and the rear property lines.
K. 
No structure, planting, or other object that is an obstruction to vision shall be placed or be permitted in areas of corner lots as described except as approved by the County Engineer or the Director of Development Review. No structure, planting, or other object greater than three (3) feet in height above street grade is allowed within the sight triangle described below. However, vegetation (i.e., tree limbs) may overhang such an area, provided that it does not extend lower than seven (7) feet from the ground. The areas of corner lots to which this restriction applies are:
1. 
The triangular area formed by intersecting property lines (or their extension, in the case of rounded corners) and a line connecting those intersecting lines at points thirty (30) feet from their intersection; and
2. 
The triangular area formed by intersecting edges of street pavement and of a driveway or alley pavement and a line connecting those intersecting edges at points ten (10) feet from their intersection.
L. 
Projections such as sills, belt courses, chimneys, cornices, cantilevers, window air conditioning units, and ornamental features may project into a required yard a distance not to exceed thirty (30) inches.
M. 
Filling station pumps and pump islands may occupy required yards, provided that they are not less than twenty-five (25) feet from all property lines. The overhang of canopy shelters for filling station pump islands must be a minimum of fifteen (15) feet from all property lines.
N. 
Open porches (not glassed or screened-in) and decks may extend not more than five (5) feet into the required front yard setback and not more than ten (10) feet into the required rear yard setback.
O. 
Clean fill shall be an acceptable material for any fill or filling or grading as permitted by local regulations. But no waste material may be used for fill or filling or grading if the disposal of that waste material is regulated by the Solid Waste Management Code of St. Charles County, Missouri, Sections 240.101 et seq., Ordinances of St. Charles County, Missouri, as amended, or by Sections 260.200—260.345, RSMo., as amended, or by regulations adopted pursuant to Sections 260.200—260.345, RSMo., as amended.
P. 
All structures except signs adjacent to arterials as indicated on the thoroughfare plan of the current Master Plan for St. Charles County shall have a setback from the centerline equal to one-half (½) of the designated right-of-way width plus twenty-five (25) feet or the zoning district yard requirement, whichever may be greater.
[Ord. No. 18-009 § 1, 1-29-2018]
In areas with lots platted prior to the inception of County Zoning Regulations by Order of the St. Charles County Court on November 2, 1959, a new building shall be subject to the minimum setback requirements equal to the setback distances of the closest legal pre-existing building.
[Ord. No. 04-053 §1, 4-13-2004]
A. 
Roof-mounted mechanical equipment installed on newly constructed buildings shall be screened from public view. This requirement shall be satisfied when all parts of the roof-mounted equipment are not visible from ground level observation, or at any point on the property, adjacent property, or from adjacent streets. Such screening shall comply with the following:
1. 
The screening shall be attached to the building and shall be capable of withstanding all load requirements embodied in the adopted building code.
2. 
The screening shall be constructed with non-reflective materials that are architecturally compatible with the building. The use of wood in whole or part as a screening material shall not be considered as being architecturally compatible unless the building is constructed with a wood exterior.
3. 
A parapet wall of sufficient height and as an integral part of the building shall be considered as approved screening.
4. 
All roof-top screening shall be kept in repair or proper state of preservation.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(56—58), 10-1-2003; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 07-148 §1, 10-30-2007; Ord. No. 08-003 §2, 1-14-2008; Ord. No. 09-137 §2, 12-9-2009; Ord. No. 10-041 §39, 6-2-2010; Ord. No. 12-086 §1, 11-19-2012]
A. 
Recreational Equipment Or Trailers.
[Ord. No. 16-018 §2, 2-29-2016]
1. 
Use. No recreational equipment shall be inhabited or occupied other than in conformance with Section 405.420(B) of the Unified Development Ordinance, nor shall it be supplied with dedicated utilities.
2. 
Maximum number and size. On any lot or parcel with a dwelling, no more than one (1) trailer or item of recreational equipment shall be parked or stored outside a fully enclosed structure, nor shall such trailer or recreational equipment stored outdoors exceed twenty-four (24) feet in length or eight and one-half (8.5) feet in width.
3. 
Storage location and loading/unloading.
a. 
Any trailer or recreational equipment parked or stored outside a fully enclosed structure shall be stored in a side or rear yard as defined herein and a minimum of seven (7) feet from any property boundary, or beneath a structure that is elevated pursuant to Article XI of the Unified Development Ordinance concerning flood hazard overlay zoning districts. Storage of any trailer or recreational equipment in conformance with a Recreational Equipment or Trailer Side Yard Permit applied for no later than December 31, 2010, may continue to be stored in conformance with the approved permit regardless of property line setback. The Permit shall expire upon the sale of the property or the occupancy of the property by other than the applicant to whom the certificate was issued.
b. 
No trailer or recreational equipment shall be parked or stored on any driveway, street or adjacent right-of-way except for loading/unloading purposes, and for no more than forty-eight (48) consecutive hours in any one week.
4. 
Parking surfaces. To avoid rutting and erosion, any trailer or recreational equipment shall be parked or stored on an all-weather surface which shall be maintained free of grass and weeds. Any graveled parking surface must be graveled to a uniform depth of six (6) inches and must be maintained free of weeds and vegetation.
5. 
Ownership. The owner of a trailer or recreational equipment parked on a lot within a residential district in accordance with the provisions of this Section shall also be the owner or the renter of such residential lot.
B. 
Recreational vehicles providing temporary shelter for recreational use may only be placed on a parcel or in a subdivision platted before January 1, 1973, in the "PR" and "A" zoning districts, or within a campground with the following restrictions:
1. 
The recreational vehicle may be placed on the parcel for not more than one hundred eighty (180) days per calendar year. A temporary permit will be issued by the Division of Planning and Zoning specifying the one hundred eighty (180) day period.
2. 
No more than one (1) recreational vehicle may be placed on the parcel, unless it is an approved campground or travel trailer park.
3. 
The recreational vehicle must be currently licensed and ready for highway use.
4. 
The recreational vehicle must either have a self-contained water and sewage disposal system or be connected to an external water and sanitary sewage system approved by the St. Charles County Division of Building and Code Enforcement.
[Ord. No. 16-054 §11, 7-25-2016]
5. 
The recreational vehicle must either have its own power source or be connected to an external power source approved by the St. Charles County Division of Building and Code Enforcement.
[Ord. No. 16-054 §11, 7-25-2016]
C. 
Commercial Vehicles. The following shall only apply in "R" and "A" Districts:
1. 
Any commercial vehicle shall be parked and/or stored in a private garage or completely covered by a carport, unless it is a vehicle:
a. 
Temporarily parked while providing a service or delivery to a residential dwelling.
b. 
Licensed as a commercial vehicle at twelve thousand (12,000) pounds or less, even if it conveys a commercial message or has materials stored on the vehicle's exterior such as ladder, tools, etc., but not if it exceeds twenty-four (24) feet in length.
2. 
No buses shall be parked on a lot occupied by a residential unit, except as permitted in Section 405.420(C)(3).
3. 
Licensed vanpool vans or other motor vehicles seating not more than fifteen (15) passengers are allowed in residentially zoned areas so long as no commercial message is conveyed on the vehicle and all other provisions of this Section are met.
4. 
The owner of a commercial vehicle parked on a lot or parcel within a residential or agricultural district in accordance with the provisions of this Section shall also be the owner or the renter of such lot or parcel or that owner or renter's employer.
5. 
Commercial vehicles shall not be parked on a public street except when temporarily parked while providing a service or delivery to a residential dwelling.
D. 
Additional Vehicles.
1. 
In the "A" Agricultural Zoning District, any lot or parcel containing a residence may also contain, in addition to the one (1) piece of recreational equipment or the one (1) trailer allowed under Subsection (A) above, a maximum of two (2) additional vehicles which may be trailers, boats, boat trailers, boats on boat trailers or unlicensed vehicles, provided such additional vehicles are kept for personal use and are parked as required by Subsection (A)(2) above. Additional vehicles or equipment primarily used for an active agricultural use of a lot or parcel in the "A" District, including but not limited to vehicles, trailers, equipment, implements or tractors, may be kept on such lots or parcels in the "A" District.
[Ord. No. 15-097 §4, 9-28-2015]
2. 
Where a recreational vehicle is permitted on an unimproved parcel for one hundred eighty (180) calendar days under Subsection (B) above, a maximum of two (2) additional vehicles, which may be trailers, boats, boat trailers, or boats on boat trailers, may be kept on the unimproved parcel, provided that such vehicles are kept for personal use and are parked on a paved or graveled all-weather surface either beside or behind the recreational vehicle a minimum of seven (7) feet from all property boundaries.
[Ord. No. 16-018 §2, 2-29-2016]
E. 
Any vehicle or mode of transportation that is not recreational equipment or trailer, a recreational vehicle, commercial vehicle or a passenger car must be parked within a garage or fully enclosed accessory structure.
F. 
After issuance of a notice of violation of any provision of this Section, such violation may be deemed a continuing violation upon recurrence of that same violation.
[1]
Editor's Note—Reference to planning department was changed to division of planning in accordance with Ord. No. 02-204, adopted 12-23-2002, set out in ch. 132 of this code. For designation of the division of planning and zoning, see Ord. No. 03-195 adopted 12-31-2003.
[Ord. No. 10-041 §40, 6-2-2010]
A. 
Purpose. The purpose of this Section is to regulate the spill-over of light and glare on operators of motor vehicles, pedestrians and land uses in the vicinity of a light source in order to promote traffic safety and to prevent the creation of nuisances.
B. 
Applicability. The requirements of this Section apply to all private exterior lighting in conjunction with any institutional development, commercial development, industrial development or a residential development with a parking area for five (5) or more vehicles. This Section shall also apply to any residential use of a property to include single-family attached and detached housing units. However, this Section shall not apply to:
[Ord. No. 14-111 §1, 12-15-2014]
1. 
The use of temporary outdoor lighting used during customary holiday seasons; and
2. 
The use of temporary outdoor lighting used for civic celebrations and promotions; and
3. 
Lighting required by a government agency for the safe operation of airplanes, or security lighting required on government buildings or structures; and
4. 
Lighting installed to illuminate public or private rights-of-way or to regulate traffic or illuminate work to improve, maintain or repair facilities within them.
C. 
Depiction On Required Site Plan Or Residential Plot Plan. Any and all exterior lighting shall be depicted as to its location, orientation, intensity of illumination and configuration on any site plan required for the development of the subject property or on any plot plan submitted in conjunction with building or electrical plans submitted to the Department of Community Development pursuant to permitting requirements of any applicable code.
[Ord. No. 14-111 §1, 12-15-2014]
D. 
Requirements.
1. 
Orientation of fixture. In no instance shall an exterior lighting fixture be oriented so that the lighting element (or a transparent shield) is directed to an adjacent property located within a residential zoning district. The use of shielded luminaries and careful fixture placement is encouraged so as to facilitate compliance with this requirement.
[Ord. No. 14-111 §1, 12-15-2014]
2. 
Intensity of illumination. In no instance shall the amount of illumination attributable to exterior lighting, as measured at the property line, exceed 0.50 foot-candles.
3. 
Location. Light fixtures shall not be located within required buffer areas as defined in Section 405.435.
4. 
Flashing, flickering and other distracting lighting. Flashing, flickering and/or other lighting which may distract motorists is prohibited.
5. 
Height of fixtures. Lights on poles shall not be taller than the building whose area they illuminate nor taller than twenty (20) feet, whichever is shorter.
6. 
Non-conforming lighting. All lighting fixtures legally existing prior to the adoption date of this Section, shall be considered as legal non-conforming uses. However, with respect to orientation, all non-conforming lighting fixtures on single-family residential attached and detached developed properties shall comply with the provisions of this Section.
[Ord. No. 14-111 §1, 12-15-2014]
[Ord. No. 07-040 §1, 3-13-2007]
Temporary structures for uses incidental to construction work shall be on the site or an adjoining site of said construction work and shall be removed upon issuance of an occupancy permit.
[Ord. No. 99-99 §1, 7-12-1999]
A. 
No more than four (4) sales may be held at any one (1) residence during any calendar year. Each sale shall be limited to no more than the daylight hours of two (2) days within the same week.
B. 
Signage. See Article III of Part 3 of these regulations, Sections 405.470, et seq. (Signs Not Requiring Permits, Temporary, see Section 405.480).
C. 
The provisions of this Section shall not apply to or affect the following:
1. 
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
2. 
Persons acting in accordance with their powers or duties as public officials.
3. 
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the zoning regulations of St. Charles County, or under the protection of the non-conforming use Section, or any other sale conducted by a manufacturer, dealer, or vendor wherein such sale would be conducted from properly zoned premises and not otherwise prohibited in other ordinances.
4. 
Any legitimate charitable, eleemosynary, educational, cultural, or governmental institution or organization when the proceeds for the sale are used directly for the institution or organization's charitable purpose, and the goods or articles are not sold on a consignment basis.
[Ord. No. 03-143 §1, 10-1-2003; Ord. No. 03-195, 12-31-2003; Ord. No. 04-104 §1, 6-29-2004 (vetoed and overridden 7-12-04); Ord. No. 04-132 §1, 9-1-2004; Ord. No. 10-041 §41, 6-2-2010]
Temporary outdoor holiday sales, temporary outdoor fund-raising sales by non-profit organizations and temporary outdoor sales by licensed businesses shall only be permitted within the "C1", "C2", "I1" and "I2" zoning districts. Temporary outdoor fund-raising sales conducted by non-profit organizations shall be permitted in all zoning districts. All of these temporary outdoor sales shall be subject to the following provisions as applicable.
A. 
Temporary outdoor holiday sales such as Christmas tree sales and pumpkin sales shall not exceed a period of forty-five (45) days and shall require a temporary sales permit from the Department of Community Development.
B. 
Temporary outdoor fund-raising sales conducted by non-profit organizations as recognized by the State of Missouri shall not require a temporary sales permit from the Department of Community Development so long as and only if the following two (2) conditions are met:
1. 
The organization conducting the fund-raising sale conducts no more than six (6) such events per calendar year, and
2. 
The fund-raising sale does not exceed a period of three (3) consecutive days.
C. 
Temporary outdoor sales by licensed businesses shall be:
1. 
Limited to items customarily sold by such businesses at their permanent business sites, and conducted on the premises occupied by those sites, or
2. 
Limited to food items sold by single vendors from stands occupying a site no greater in size than one hundred twenty (120) square feet and located on premises only with the written permission of their record owners, and for no more than one hundred twenty (120) days nor less than thirty (30) consecutive days, during any twelve (12) month period under any single zoning confirmation. For purposes of this provision only, the terms "site" and "stand" are defined as follows.
a. 
SITE – The total area occupied by a vendor, including the stand and auxiliary tables, the place where the employees stand and the place where goods and equipment are stored or displayed.
b. 
STAND – Any table, showcase, bench, rack, pushcart, wagon or any other wheeled vehicle or device which may be moved without the assistance of a motor and which is not required to be licensed and registered with the Department of Revenue of the State of Missouri or any other State.
D. 
All temporary outdoor sales of goods or merchandise permitted in this Section shall comply with the following conditions:
1. 
Shall not be located within any required buffer yards.
2. 
Shall not be located within the sight triangles for any intersections, public or private.
3. 
Shall not reduce the available parking spaces below what is required for a site as provided in Article II Parking and Loading Requirements.
4. 
Are subject to any applicable building codes, health regulations, fire district codes and any other applicable regulations.
5. 
Signage shall be limited to two (2) signs or banners of not more than thirty-two (32) square feet. Advertising may appear on both sides of the signs or banners. The signs or banners shall be on-premises grounds signs and meet all applicable setbacks.
6. 
May be subject to additional conditions as deemed necessary by the Director of the Division of Planning and Zoning to protect the public health, safety and welfare.
[Ord. No. 99-99 §1, 7-12-1999]
A. 
Any feed lot, feeding floor, or structure for housing of animals shall be maintained in a sanitary condition.
B. 
The boarding of certain types of exotic or wildlife animals are regulated by the Missouri State Department of Conservation, according to the current Wildlife Code adopted by the Conservation Commission of Missouri, and may require additional permits.
C. 
Exhibit 1, Permitted Animal Regulations[1] indicates the types of animals permitted in certain zoning districts, and the regulations which apply to those animals.
[1]
Editor's Note — Exhibit 1 is included as an attachment to this chapter.
[Ord. No. 06-041 §2, 3-28-2006]
No grading for non-agricultural purposes may be conducted without a land use permit issued pursuant to Section 405.530 or a land disturbance permit if required by Section 412.040.
[1]
Editor's Note—Ord. no. 05-148 §9, adopted October 25, 2005, repealed section 405.431 "grading" in its entirety. Former section 405.431 derived from ord. no. 03-142 §1(59), 10-1-2003. Subsequently ord. no. 06-041 §2, adopted March 28, 2006, enacted the new provisions hereinabove.
[Ord. No. 04-053 §1, 4-13-2004; Ord. No. 10-041 §42, 6-2-2010]
A. 
Intent/Purpose. The purpose of this Section is to provide landscaping regulations that will enhance the environment and the visual character as development occurs within the unincorporated areas of St. Charles County. The preservation of existing trees and vegetation and the planting of new trees and vegetation will protect both private and public investment and promote high quality development. Areas of buffering will be created between land uses, in order to minimize adverse visual impacts, noise, light, and air pollution. Such buffering will also promote energy conservation through the creation of shade, reducing heat gain in or on buildings and paved areas. Landscaping also enhances erosion and sediment control practices through the creative use of plant materials and ground cover.
B. 
Applicability. These requirements shall apply to the following:
1. 
New commercial, industrial or public facility development.
2. 
Development authorized by ordinances approving conditional use permits conditioned upon submission of an approved site plan.
3. 
Expansion and/or conversion of an existing use that may require landscaping as determined by the Director of the Division of Planning and Zoning.
C. 
Waiver Or Modification.
1. 
In the case of undue hardship, landscaping requirements may be modified upon review by the Director of the Division of Planning and Zoning.
2. 
In locations where the planting of landscaping is not viable, acceptable architectural screening materials may be utilized with the authorization of the Director of the Division of Planning and Zoning.
These materials include wood or vinyl fences, decorative masonry walls, brick walls, earth berms and other like materials approved by the Director of the Division of Planning and Zoning.
D. 
Exemptions. These regulations shall not apply to the following:
1. 
Developments within the "A" (except required by conditional use permits), "RM", "PR", "HTCD" and "SWD" zoning districts.
E. 
Plan Requirements. All site plans shall depict the following information on said plan or a separate landscape plan.
1. 
Property boundary, including north arrow and scale.
2. 
Topographical information, detailing the final grading of the site and all drainage for the landscaped areas.
3. 
All structures, parking and loading areas, islands, sidewalks, entrances and exits, drives, utilities and right-of-ways (if applicable).
4. 
The location and identification of all existing trees, shrubbery and other vegetation.
5. 
The locations, varieties (botanical and common names), the number and mature size of all plant materials to be planted within the buffer areas and front yard setbacks.
6. 
Any sight-proof fencing, solid screening and/or earth berming to be utilized on the site.
F. 
Buffer Requirements. The buffer requirements as required for various developments are based upon the proposed land use and the land use of adjacent properties. The intent of the buffer is to provide space to separate different land uses. The buffer width is the specified area devoted to plant materials. The buffer width is based upon the intensity of the proposed use. Below are Table 1 and Exhibits A and B providing specific buffer requirements.
TABLE 1
PROPOSED DEVELOPMENT
Adjacent existing development
Single-family or two-family use
Multi-family or institutional use
Commercial use
Industrial use
Agricultural use
not required
not required
not required
3
Single-family or
two-family use
not required
1 or 2
1 or 2
3
Multi-family use
not required
not required
1 or 2
3
Commercial use
not required
not required
not required
3
Industrial use
not required
not required
not required
not required
G. 
Minimum Front Yard Setback Planting Requirements. All front yards shall be landscaped. The amount of required landscaping shall be calculated by utilizing the point system described herein or through the alternative compliance provisions. Examples of reasons to seek alternative compliance could include an exceptionally narrow front yard, wooded streams, ravines or areas with extensive natural vegetation.
1. 
Formula for landscaping in front yards.
Overall Length of Frontage (in feet, rounded to the nearest whole number)
Divided by Two (2) = Landscaping Required (in points)
Example: 220 feet of frontage/2 = 110 points
Tree Classification
Base Value
Shrub Classification
Base Value
Intermediate trees
25 points
Deciduous shrubs
4 points
Evergreen trees
15 points
Evergreen shrubs
3 points
Note: Trees shall meet plant materials requirements. Both trees and shrubs shall meet all other requirements outlined in this landscaping regulations Section. For a sample intermediate tree and shrub list, consult Exhibit B.
a. 
Approximately one-half (½) of the points for parking front yard landscaping must be achieved by utilizing plants from the tree classification and the remaining one-half (½) must be from the shrub classification.
b. 
All points must be used by adding additional shrubs if the trees do not use their entire designated point value. If one-half (½) or greater of a listed base value is left, the plant requirement shall be rounded up to the next available base value or any combination of base values. For example, a value of one and one-half (1.5) or greater will require one (1) additional shrub or one (1) tree. A value of seven and one-half (7.5) shall require at least one (1) additional tree or two (2) deciduous shrubs or three (3) evergreen shrubs.
c. 
A minimum of four (4) varieties of plant materials shall be utilized for visual aesthetics.
2. 
Planting arrangements in front yards.
a. 
Plantings may be interspersed or grouped along the roadway frontage as approved on the site plan. Areas within the rights-of-way and sight triangles shall be left unobstructed.
b. 
Planting in straight lines should be avoided.
c. 
A minimum of four (4) varieties of plant materials shall be utilized for visual aesthetics.
3. 
Alternative compliance provisions. A developer may choose to follow the point system described above or to submit a landscape plan to the Director of the Planning and Zoning Division under this alternative compliance provisions Section. This provision is intended to give the developer flexibility needed to respond to unique site issues and client needs and still meet the intent of this Article. All landscape plans submitted in lieu of the point system must meet the stated intentions of the landscaping requirement.
H. 
Plant Materials. There are two (2) basic trees utilized in the wider buffer areas. These are native deciduous trees and coniferous (evergreen) trees. These are to be installed within the fifteen (15) foot and twenty (20) foot wide buffer areas. Within the six (6) feet wide buffer areas plant materials to be installed are listed in Exhibit B by both common and botanical names. These plant materials will grow within a narrow space. Within front yard areas, intermediate trees and coniferous (evergreen) trees are to be utilized.
1. 
Deciduous trees. Large flowering, shade trees with a mature height of thirty (30) feet or greater and a mature spread of thirty (30) feet or greater. All deciduous trees planted must have a minimum caliper of two and one-half (2½) inches and a minimum height of six (6) feet at the time of installation.
2. 
Coniferous (evergreen) trees. Trees with a mature height of at least ten (10) feet which usually have green foliage throughout all seasons. All coniferous trees shall be a minimum height of six (6) feet at the time of installation.
3. 
Intermediate trees. Deciduous plants characterized by a height and/or spread that is generally smaller than that of a shade tree under natural growing conditions. Such plants will shed their leaves and are dormant during winter. Intermediate trees may have either a single trunk or multiple trunks.
4. 
The types, sizes and varieties of plant materials within the six (6) foot wide buffer area may be determined by the developer of the site by utilizing Exhibit B.
I. 
Sight Triangles. Sight triangles must be reserved to preserve the visibility of motorists and pedestrians as required in Part 3, Article I, Section 405.415(K).
J. 
Berming. Berming, which is an earthen mound that is designed to protect visual interests and screen undesirable views, may be utilized in conjunction with the required landscaping regulations. The guidelines for this type of supplement screening are as follows:
1. 
Berms shall not be located in any right-of-way.
2. 
Berming generally varies in height, width and length to create a free-form naturalistic effect.
3. 
The slope of a berm may not exceed a thirty-three and thirty-three hundredths percent (33.33%) slope.
4. 
The design of berms shall include provisions for drainage that is tied into the entire site drainage system, is necessary or applicable.
K. 
Installation And Maintenance. All landscaping materials must meet the following requirements:
1. 
All trees must be in place and healthy prior to the issuance of any occupancy permit. Upon approval by the Director of the Division of Planning and Zoning, a temporary certificate may be issued without the installation, provided written assurances are given that the planting will take place when the proper season arrives.
2. 
New landscaping shall not be planted within any right-of-way or sight triangle.
3. 
Newly planted trees shall be supported (staked and tied) through the first (1st) growing season to insure proper growth.
4. 
The landscaping must be maintained in a healthy growing condition as is appropriate for the season of the year. Plant materials, which exhibit damage, must be restored to healthy condition or replaced within the next growing season.
L. 
Enforcement And Penalties. The Director of the Division of Planning and Zoning is hereby charged with the responsibility of administering and enforcing these landscaping regulations, by enforcing provisions in approved site plans made pursuant to these regulations. All violations are subject to penalties set forth in Sections 405.640 to 405.655. If plantings required by an approved site plan fail, or die for any reason, the owner shall replace them prior to the next growing season.
[1]
Editor's Note—The definitions that were previously located in this section as subsection (L) are now located in section 405.060 of this chapter.
Editor's Note—For designation of the division of planning and zoning, see ord. no. 02-204 adopted 12-23-2002 set out in ch. 132 of this code and ord. no. 03-195 adopted 12-31-2003.
[2]
Editor's Note: Exhibit A, Buffer Strip Requirements; Exhibit B, Intermediate Trees; and Exhibit 1, Permitted Animal Regulations are included as attachments to this chapter.