[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.
[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.
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:
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.
