[R.O. 2011 §425.010; Ord. No. 657-07 §1, 6-6-2007]
This Chapter shall be known as the City of Byrnes Mill Landscaping Ordinance.
[R.O. 2011 §425.020; Ord. No. 657-07 §1, 6-6-2007]
Purpose And Intent. The purpose of this Chapter is to improve the aesthetic qualities of the City and to protect and preserve the appearance, character and value of its neighborhoods and business areas by:
Definitions. Unless specifically defined below, words or phrases used in this Chapter shall be interpreted to give them the same meaning as they have in common usage and to give this Chapter its most reasonable application.
- A mound or embankment of earth used to shield or buffer properties from adjoining uses, highways or noise.
- An area of natural vegetation or manmade construction that is intended to provide a visual and dimensional separation between dissimilar land uses.
- 1. NATURAL BUFFER: A visual screen created by vegetation of sufficient density to present an opaque visual separation, when viewed from one side to the other throughout the year.
- 2. STRUCTURAL BUFFER: A visual screen created through construction of a solid wooden fence, decorative masonry wall, earthen berm or combination of fence or wall with an earthen berm that may be supplemented with vegetation to present an opaque visual separation, when viewed from one side to the other throughout the year.
- The diameter of a tree (usually nursery stock) measured at a point six (6) inches above the ground or top of the root ball, for up to and including four (4) inch caliper trees, and at a point twelve (12) inches above the ground or top of root ball for larger sizes.
- CRITICAL ROOT ZONE
- The land area circular in shape and centered on the trunk of a tree, the radius of which circle is determined by the farthest extent of the drip line from the trunk.
- DEVELOPMENT SITE
- That portion of a tract of land that will be dedicated to a proposed development.
- DRIP LINE
- A perimeter formed by the points farthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground.
- GROUND COVER
- A low-growing plant, other than turf grass, that forms a continuous cover over the ground surface.
- LANDSCAPE MATERIALS
- Any combination of living plant materials and non-living materials, such as rock, pebbles, sand, mulch, payers, berms, fencing, walls, fountains and other decorative materials.
- The planting of shrubs, vines, turf, ground cover and the use of other landscape materials, such as mulch, bark, decorative rock and other similar materials, that are utilized to enhance the aesthetic and functional qualities of a site.
- Impenetrable to view or so obscuring to view that features, buildings, structures and uses become visually indistinguishable.
- PLANT MATERIALS
- Living plants that include trees, shrubs, ground cover, grasses, perennial flowering plants, turf and vines that are suitable for ornamental or functional use.
- Natural vegetation or a decorative structure that creates an opaque visual block or obscures an incompatible land use. Screening may consist of any combination of the following as approved by the Planning and Zoning Commission:
- SHADE TREE
- A broadleaf tree having an average height at maturity of a least twenty (20) feet and having a broad spread relative to its height (excluding trees with pyramidal, conical or columnar crowns) and a dense canopy so as to provide shade in the summer months.
- A self-supporting woody plant that normally reaches a height of less than fifteen (15) feet.
- SIGNIFICANT TREE
- A tree in fair or better condition that has been determined by a design professional to be of a high value because of its species, size, age or other professional criteria.
- 2. Hardwood trees, such as oaks and hickories, that are of a twelve (12) inch caliper or more and softwood trees, such as pines and cedars, that are sixteen (16) feet in height or more and small hardwoods, such as dogwoods, redbuds or sourwoods, with calipers of six (6) inches or more, shall be considered significant trees due to size.
- A self-supporting woody plant that normally reaches a height of at least fifteen (15) feet.
- Ground cover composed of one (1) or more species of perennial grass that is grown as a permanent lawn.
- A plant that is typically woody and climbs by supporting itself on some other plant or structure.
[R.O. 2011 §425.030; Ord. No. 657-07 §1, 6-6-2007]
No new building, structure or development shall hereafter be constructed or parking area created unless landscaping and screening are provided for as required by this Chapter.
If an existing building, structure or development is expanded by fifty percent (50%) or more of the total assessed value of the existing building, structure or development, then the entire building structure or development including parking area shall comply with the requirements of this Chapter.
If the number of existing parking spaces for an existing building, structure or development is expanded by fifty percent (50%) or more, then the entire parking area shall comply with the requirements of this Section.
[R.O. 2011 §425.040; Ord. No. 657-07 §1, 6-6-2007]
A buffer/screen between developments of differing land uses adjoining one another or separated from one another by only a street or alley shall be required and comply with Table 1 Buffer/Screen Impact. The intensity of the required buffer/screen is established according to the intensity of the abutting uses, i.e., commercial development adjacent to or across the street from a residential use or development requires a more intense buffer/screen than would retail adjacent to or across from office use, etc.
If a single-family subdivision is approved or built adjacent to a previously approved or built, but separate, single-family subdivision, the subsequently approved or built subdivision shall contain a low impact buffer/screen as defined in this Section along the periphery adjacent to the previously approved or built subdivision.
Every buffer required by this Chapter shall be maintained by the owner of the property where the buffer is located in such a manner as to preserve functional and aesthetic integrity.
Side lot line. Buffers required along any side lot line shall be no less than twenty (20) feet or as recommended by the Planning and Zoning Commission.
Rear lot line. Buffers required along any rear lot line shall be no lest than twenty (20) feet or as recommended by the Planning and Zoning Commission.
Buffer/Screen Design Standards.
Buffer areas shall contain no driveways, parking areas, patios, storm water detention facilities or any other structures or accessory uses, except for a fence, wall or earthen berm constructed to provide the visual screening required to meet the standards of this Chapter. Underground utilities may be permitted to cross a buffer if the screening standards of this Chapter will be subsequently achieved. Required vehicular access through a buffer may be allowed as a condition of preliminary development plan approval.
Natural buffers may contain deciduous or perennial vegetation, but shall contain evergreen shrubs and trees suitable to local growing conditions that will provide an opaque visual screen during all seasons of the year. Planted materials shall meet the expected opacity within three (3) growing seasons.
Structural buffers shall meet the following criteria:
Structural buffers shall be vegetated throughout the minimum area required for the buffer around any fences or walls and upon any earthen berms, which may include grass, ground covers, shrubs and trees.
All earthen berms shall have a maximum side slope of three (3) horizontal to one (1) vertical (3:1). Earthen berms shall not be constructed within the drip line of any existing trees that will remain on the property.
Fences and freestanding walls shall present a finished and decorative appearance to the abutting property. Where a fence or wall is set back from the property line, shrubs, ground covers or other vegetation shall be provided between the fence or wall and the property line to provide a decorative effect.
Tree species in the immediate proximity of overhead utilities shall have mature heights of less than the height of the utilities.
Buffer/Screen Types Defined.
High impact screening (H). A one hundred percent (100%) opaque screen between land uses that are dissimilar in character. When the proposed plan is considered to have a high impact on surrounding properties or the adjacent property is considered to have an adverse impact, both of the following shall be installed within a minimum twenty (20) foot buffer yard:
Medium impact screening (M). A seventy percent (70%) semi-opaque screen between land uses that are dissimilar in character. Semi-opaque screening should partially block views from adjoining land uses and create a separation between the adjoining land uses. For medium impact screening, either a landscape screen or fencing is required. A medium impact landscape screen must meet one (1) of the following screening options:
Low impact screening (L). An open screen between relatively similar land uses. Open screening shall provide an attractive separation between land uses. A low impact landscape screen must portray one (1) of the following screening options:
The Planning and Zoning Commission may waive or modify portions or all of the requirements of this Section when changes in grade, existing vegetation or manmade features achieve the intent of this Section.
The Planning and Zoning Commission may waive or modify portions or all of the requirements of this Section when changes in elevation or other property features render the intent of this Section ineffective. Modifications may include, but not limited to, length, width, depth and placement of buffers.
[R.O. 2011 §425.050; Ord. No. 657-07 §1, 6-6-2007]
For parking lots designed or intended to accommodate ten (10) cars or more, landscape islands, strips or other planting areas shall be located within the parking lot and shall constitute at least five percent (5%) of the entire area devoted to parking spaces, aisles and driveways. Every four (4) rows of parking shall include a landscape island of at least ten (10) feet in width.
Landscape islands shall be planted with trees or shrubs and grass, ground cover, mulch or decorative stone and maintain a water permeable land surface.
Tree planting areas shall be no less than ten (10) feet in width. No tree shall be located less than four (4) feet from the back of curb. All parking lot landscape islands, strips or other planting areas shall be curbed with minimum six (6) inch high curbs of the type required by this Chapter or other regulations for parking areas. Plantings selected shall be of a type and size as to allow for safe operation of motor vehicles within the parking or loading area.
For any parking lot designed or intended to accommodate ten (10) cars or more and any area set aside for loading or unloading of trucks or vans, if such parking lot or loading area is visible from a street right-of-way, a visual screen shall be provided as required below.
Screening to a height of two and one-half (2½) feet must be provided along the edge of the parking lot or loading area closest to and parallel to the street. A driveway to the parking lot or loading area may interrupt the screening.
Screening shall be decorative and one hundred percent (100%) opaque to a height of two and one-half (2½) feet above the elevation of the parking/loading area or the street, whichever is highest.
The street-side screening treatment may be located within the landscape strip required under this Chapter along the front yard of the property.
Berming and/or screening shall not encroach into the required sight triangle of streets or access drives.
[R.O. 2011 §425.060; Ord. No. 657-07 §1, 6-6-2007]
In non-single-family residential districts, utility areas accessory to a building, including, but not limited to, loading docks, mechanical equipment or storage yards which are visible from public rights-of-way or adjacent property, shall be screened with a one hundred percent (100%) opaque masonry or wood fence, earthen berms, landscaping or any combination which provides a minimum height of six (6) feet and ensures that such locations are not visible from adjacent property or public rights-of-way.
[R.O. 2011 §425.070; Ord. No. 657-07 §1, 6-6-2007]
Areas designated for landscaping and buffering shall be shown on a preliminary plat or development plan.
Detailed landscaping and buffer plans, as provided for in this Section, may be separate from but must accompany all site development plans and subdivision improvement plans.
A landscaping and buffer plan shall only be required for that phase of development being considered for construction.
Landscaping and buffer plans shall include a scaled drawing with the following information, a warranty on the work and a recorded deed or plat of the project:
North point and scale not to exceed 1 inch equals 100 feet;
The location and size of all utilities on the site;
The location of all existing and proposed parking areas and sidewalks and other paved surfaces;
The location of all existing and proposed buildings and structures;
The limits of each required buffer or landscape strip;
The location and mature size of all landscape materials proposed to meet the requirements of this Chapter, drawn to scale and a planting schedule indicating plant names, quantities and size at planting;
The location, size and common name of all existing plant materials to be retained. In heavily wooded areas which will not be disturbed, the plan may show only the boundaries of the area with a general description of its makeup; and
The location and construction details, including a profile section, of each structure proposed to meet buffering requirements.
[R.O. 2011 §425.080; Ord. No. 657-07 §1, 6-6-2007]
The following are the minimum plant sizes and conditions to be used in satisfying the requirements of this Chapter.
Medium shrubs, eighteen (18) to twenty-four (24) inch balled and burlapped or two (2) gallon container.
Large shrubs, twenty-four (24) to thirty (30) inch balled and burlapped or five (5) gallon container.
Ground cover, two and one-half (2½) inch peat pot.
Deciduous trees shall be a minimum of three (3) inch caliper, measured at a point six (6) inches above the ground or top of the root ball, at planting.
Evergreen trees shall be a minimum height of eight (8) feet at planting.
The "American Standard for Nursery Stock", published by the American Association for Nurserymen, shall be the standard reference for the determination of plant standards. Publications of the University Extension, University of Missouri System, the Missouri Department of Conservation and other authorities acceptable to the Planning and Zoning Commission also may be used.
Existing trees and/or shrubs that are to be retained to satisfy the requirements of this Chapter shall meet the following standards.
Evergreen trees shall be at least six (6) feet in height.
Deciduous trees shall be a minimum of a two (2) inch caliper.
Trees shall be free from mechanical injuries, insect infestations and disease.
Trees shall be protected from injury to roots, trunks and branches during grading and construction.
Protective fencing, tree wells or retaining walls shall be utilized, where necessary, to ensure tree vigor upon completion of construction.
Shrubs that meet acceptable sizes and are free from injury and disease may be counted toward the requirements of this Chapter.
Plant materials and structures, as required by the provisions of this Chapter, shall be installed by the date specified on the approved landscaping and buffer plan. The Planning and Zoning Commission may allow one (1) planting season in a twelve (12) month period in which the installation of plant materials shall be completed.
The owner of a property shall be required to maintain all landscaping and screening in such a manner as to preserver the functional and aesthetic integrity including, but not limited to, plant material replacement and structural repairs.
[R.O. 2011 §425.090; Ord. No. 657-07 §1, 6-6-2007]
Authority Of The City Administrator Or His/Her Designee. The City Administrator or his/her designee (hereafter referred to as the designated official) shall be responsible for the enforcement of this Chapter and may, at any time deemed necessary, inspect any property regulated by this Chapter.
Written Notice Of Violations To Be Given. If it is found that violations of this Chapter exist, the designated official shall give written notice to the owner of the property stating:
The violations found;
Conditions that must be brought into compliance with this Chapter within thirty (30) days or written proof must be presented within thirty (30) days that work has been contracted to correct violations by not later than sixty (60) days from the date of the notice;
The specific standards that must be met; and
Failure to comply or to make good faith efforts to comply with the terms of this notice shall constitute grounds for the designated official to petition the Board of Adjustment for an order to correct the violation within thirty (30) days or an order authorizing the designated official to remedy the violation shall be entered.
The Board of Adjustment shall within a reasonable time issue a notice to the owner of the property specifying the grounds of said petition and setting the matter for hearing before the Board. The Board shall fix a reasonable time for the hearing, give public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time period. At the hearing, any party may appear in person or by agent or by attorney.
The Board of Adjustment is authorized to reverse or affirm wholly or partly or may modify the requirement, decision or determination of the designated official and may make such order, requirement, decision or determinations as ought to be made after interpreting and applying the requirements of this Chapter.
The Board of Adjustment may grant variances from this Chapter where it is found that because of unforeseen limitations, the permittee/owner of the property would be subject to undue hardship. Undue hardship, however, is not a mere loss of a possible advantage, expected financial expenditure or convenience to the applicant.
[R.O. 2011 §425.100; Ord. No. 657-07 §1, 6-6-2007]
Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment, any neighborhood organization defined in Section 32.105, RSMo., representing such person or persons or any officer, department, board or bureau of the municipality may present to the Circuit Court of the County or City in which the property effected is located a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the ground of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board of Adjustment. Upon the presentation of such petition the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and for due cause, grant a restraining order. The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be certified. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report to the same to the court with his/her findings of fact and conclusions of law, which still constitute a part of the proceedings upon which a determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.