City of Chesterfield, MO Development Requirements And Design Standards

Applicability. The City of Chesterfield Architectural Review Design Standards shall apply to all vacant or undeveloped land and all property to be redeveloped including additions and alterations. Applications for Site Plan, Site Development Plan and Site Development Section Plan shall be reviewed by the Architectural Review Board (ARB) unless otherwise specified in any Planned District Ordinance or Special Procedure Approval. The ARB will provide recommendations to the City on projects they have reviewed. Projects which are exempt from being reviewed by the ARB are reviewed by staff to meet the Design Standards.

Unless otherwise required by the City of Chesterfield to be reviewed by the ARB, new single-family residential subdivisions shall be reviewed by the Director of Planning (the Department) during site plan, site development plan or site development section plan review.

Exemptions.

Single residential lots are exempt from the provisions of these ARB Design Standards, provided no construction, addition or alteration of a non-residential building is proposed.

Residential additions and tear downs are reviewed under Section 405.20.160 of this UDC.

Non-residential additions and architectural amendments that meet the following criteria may be considered for administrative approval by the Director of Planning. Said approval shall be at the discretion of the Director of Planning if:

(1)

The proposed addition is less than five thousand (5,000) square feet; or

(2)

The proposed addition or amendment does not significantly impact architectural elements previously approved by the Planning Commission or the ARB.

Compliance. For projects that are not administratively approved, upon review by staff after receiving recommendation from ARB, projects will be forwarded to the Planning Commission for review and consideration.

Alternative Compliance. The Design Standards may be modified if it may be demonstrated said amendment is necessary to provide creative or imaginative design that exceeds the minimum performance standard requirements. Said amendment shall require two-thirds (2/3) vote of the Planning Commission. Use of sustainability features in regards to items, such as, but not limited to, building mass, building orientation, building materials, and energy source and usage, shall be considered when determining if a modification is warranted. Notwithstanding the recommendation of the Planning Commission, the Council may modify the standards contained in this Section by a majority vote.

Submittal Requirements And Procedures.

Submittal Requirements. When an application is required to be reviewed by the ARB, the following shall be submitted for review:

Color site plan with contours, site location map, and identification of adjacent uses.

Color elevations for all building faces.

Color rendering or model reflecting proposed topography.

Photos reflecting all views of adjacent uses and sites.

Details of screening and retaining walls.

Section plans highlighting any building off-sets.

Architect's Statement of Design which clearly identifies how each section in the design standards has been addressed and the intent of the project.

Landscape Plan.

Lighting cut sheets for any proposed building lighting fixtures.

Large exterior material samples.

Any other exhibits which would aid understanding of the design proposal as required by the City of Chesterfield.

Electronic files of each document required shall also be submitted in a format as specified by the City.

Alternative Compliance To Submittal Requirements. In some cases, atypical projects may benefit by the use of alternate submittals; including additional items or less than those items as provided above. The Director of Planning shall review and approve the use of alternate submittals prior to submission for review by the ARB.

Procedures.

All applicable development as provided in Section 405.04.010(A) of this Article shall submit the appropriate materials for review by the City of Chesterfield.

When required, these submittal materials shall be reviewed by the ARB and/or the Planning Commission.

Any amendments or proposed modifications to previously approved architectural elevations shall be reviewed for compliance to the standards set forth in this Section by the Director of Planning. However, when the Director of Planning deems the requested amendment or modification to be a major change, they may require that the request be reviewed by the ARB for the purpose of obtaining a recommendation.

When a Planned District Ordinance or Special Procedure Approval requires that all architecture be reviewed by the ARB and/or the Planning Commission, all amendments and proposed modifications shall also be reviewed by said Board and/or Commission.

General Requirements For Site Design. All projects should address the following requirements as directed by the City of Chesterfield:

Site Relationships. Developments should emphasize site relationships to provide a seamless transition between phases of a project, which are compatible with neighboring developments, and which also provide a transition from the street to the building.

Desirable Practices	Undesirable Practices
Provide safe pedestrian movement between elements	Site design that impairs or interferes with other properties or developments
Provide public plazas, courtyards, assembly areas, etc.	Excessive noise, lighting, glare
Incorporate scenic views, fountains, public art, etc., within outdoor spaces	Delivery zones, trash enclosures, storage areas, transformers and generators that are not screened and are visible by the public
Consider climate, solar angles, and outdoor activities when designing elements within outdoor spaces	Above ground public utilities

Circulation System And Access. Circulation systems shall be designed to avoid conflicts between vehicular, bicycle, and pedestrian traffic to and from buildings on the site. Circulation patterns shall be safe, obvious, and simple as described in the standards below.

Bicycle Circulation	• Provide bicycle parking in highly visible locations. • Provide racks with a locking opportunity.
Pedestrian Circulation	• Give precedence to pedestrian circulation over vehicular circulation. • Provide pedestrian access from large parking areas. • Design open and attractive circulation systems between buildings, blocks, and adjacent developments. • Utilize materials, textures and/or colors to improve safety and visibility at points of conflict with vehicular routes. • Surface routes with durable materials in order to eliminate "short cuts" which damage landscape areas.
Vehicular Circulation	• Provide accommodations for public transportation as directed by the City of Chesterfield and transportation agencies.
Parking	• Encourage rear and side parking areas. Front parking may be considered if appropriate landscaping and setbacks are incorporated into the parking design. • Provide landscaped separation of parking areas and buildings and create a landscaped foreground for buildings.
Pedestrian Orientation	• Establish areas with visual interest such as outdoor dining areas or outdoor seating areas which face the street and pedestrian ways. • Provide open spaces, such as covered walkways, courtyards and plazas. • Provide connections to public transportation, bus stops, future light rail stations and commuter lots.

Topography.

Utilize topography for screening, buffering, and transition between uses and developments.

Retain the natural slope and topography while minimizing changes to the existing topography. Avoid abrupt or unnatural appearing grading design.

Round proposed cut and fill slopes, both horizontally and vertically.

Retaining Walls.

Minimize the height and length of retaining walls. Screen with appropriate landscaping, where appropriate.

Incorporate design elements of other architectural or natural features of the project.

Use terracing as an alternative to tall or prominent retaining walls, particularly in highly visible areas on hillsides.

Use stone, masonry or textured concrete walls or other similar materials.

Use of timber tie walls is not permitted.

General Requirements For Building Design. These requirements shall apply to all structures.

Scale.

Building Scale	• Demonstrate through elevations and renderings that the size, proportion, design and orientation of buildings are compatible with the adjacent or predominant development in the area. • Provide transitions between buildings and uses to visually reduce differences in scale and proportion.
Human Scale	• Design to achieve a sense of human scale through the use of wall insets, balconies, window projections or other architectural elements.
Generic Scale	• Respect and/or improve the rhythm established by adjacent or predominant buildings and development. • Coordinate the actual and apparent height of adjacent structures. Adjust apparent height by placing window lines, belt courses and other horizontal elements in a pattern that complements the same elements on neighboring buildings.

Design.

Design and coordinate all facades with regard to color, types and numbers of materials, architectural form and detailing.

Avoid linear repetitive streetscapes.

Avoid stylized, "corporate" and/or franchise designs that use the building as advertising.

Provide architectural details particularly on facades at street level.

Encourage art elements such as wall sculptures, murals, and artisan created details, etc., throughout a project.

Encourage designs that enhance energy efficiency.

Encourage the use of environmentally conscious building techniques and materials.

Provide entry recesses, plazas, roof overhangs, wall fins, projecting canopies or other similar features indicating the building's entry points while providing protection.

Paint and trim temporary barriers/walls to complement the permanent construction excluding tree protection fencing.

Screen rooftop equipment on all visible sides with materials that are an integral part of the architecture. Parapet walls or screen walls shall be treated as an integral part of the architecture and shall not visually weaken the design of the structure.

Materials And Colors.

Desirable Practices	Undesirable Practices
Use compatible colors, materials and detailing on a building. Colors, materials and detailing should also be compatible with adjacent buildings and properties. Encourage the use of integral color where practical.	False or decorative facade treatments, inconsistent adornment and overly frequent material changes should be avoided.
Utilize durable materials.	Highly reflective materials and prefabricated buildings are discouraged.
Utilize contrasting paving surfaces for pedestrian access in large paved areas.

Landscape Design And Screening.

Development Landscaping	• Use a consistent theme throughout each development. Variations may be used to create distinction between spaces but such themes shall be internally consistent. • Use landscape design to accentuate significant views. • Incorporate or include landscaped areas throughout the site design. Tree and shrub plantings should be grouped together to create strong accent points. • Incorporate existing landscape elements into design. Mature trees, tree groupings and rock outcroppings shall be considered as design determinants. • Provide for screening of unfavorable views either to or from the subject site.
Building Landscaping	• Incorporate landscaping into building design. • Incorporate landscaped setbacks to buffer adjacent buildings and uses and to create separation between the building and the street. • Include works of art in landscape plans.
Parking Area Landscaping	• Project landscape materials from pedestrian or motor traffic with curbs, tree guards, or other devices. • Enhance paved access, parking, and circulation spaces with berms, islands or other landscaped spaces. Provide trees and tree groupings. • Screen parking structures with dense landscaping on all sides.
Walls and Fences	• Design sound walls, masonry walls, and fences to minimize visual monotony through changes in plane, height, material or material texture. • Present fencing design and materials in the Architect's Letter of Intent submitted for review. Chain link fencing is discouraged; additionally, chain link fencing with wood or any type of inserts or lining is not considered suitable.
Screening	• Use screening materials for exterior trash and storage areas, service yards, loading docks and ramps, wood service poles, electric and gas meters, irrigation back flow prevention devices, and transformers that are substantial, durable, opaque, and well designed. • Integrate the design of fencing, sound walls, carports, trash enclosures, rooftop screening, and similar site elements into the building design and construct with similar materials.

Signage. Signs and sign packages are reviewed through a separate process. All signs shall adhere to the Unified Development Code (UDC) and/or the Sign Package for the site.

Lighting. Site Lighting is reviewed through a separate process. All lighting including architectural lighting and building light fixtures shall adhere to the UDC.

Existing Structures. All additions and exterior renovations to existing structures shall advance such structures toward further compliance with the provisions of Section 405.04.010(D) of the Unified Development Code. Exterior additions shall be incorporated into one (1) cohesive design with the existing structure.

Specific Requirements For The Chesterfield Valley. These requirements for Chesterfield Valley are to be applied to commercial and industrial development in addition to addressing all other applicable design standards in the UDC.

Facades	• Utilize architectural elements from the front facade on the side and rear of the structure. • Utilize accent lighting and avoid flood lighting for facades of buildings facing I-64/US 40. • Screen trash enclosures and construct with materials consistent to the building.
Storage	• Screen outdoor storage of goods, equipment or automobiles for sale or service from 1-64/US 40.
Utilities	• Install all new and existing site utilities underground.
Parking	• Locate parking primarily to the side or rear of any building facade facing I-64/US 40 or along North Outer 40. • Screen loading areas and construct with material consistent to the building.

Section 405.04.020 Tree Preservation And Landscape Requirements.

[CC 1990 § 31-04-02; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]

Purpose And Intent. The purpose of this Section of the City of Chesterfield UDC is to provide a detailed guide for the preservation and planting of trees within the City of Chesterfield. Tree preservation and planting in the City of Chesterfield represents an on-going effort to maintain the character and benefits derived from trees. Whether trees exist as a natural occurrence of native tree species or as planted trees around existing developments, their protection can only be assured when tree protection measures are utilized. By selecting the trees that will be preserved before the final stages of development, tree protection design standards can be created and included prior to the early stages of development of the site. Planting of new trees should be used to supplement a site's existing landscaping, not replace it.

Applicability. Except where expressly exempted, the terms and provisions of this Section of the UDC shall apply to:

All vacant and undeveloped land; and

All property to be redeveloped, including additions and alterations.

Exceptions.

Single residential lots of less than one (1) acre that have been subdivided for more than two (2) years are exempt from the provisions of this Section of the UDC.

Single residential lots of one (1) acre or more are not required to submit a tree stand delineation or tree preservation plan when:

Constructing a residential addition or deck less than 1,000 square feet in area; or

No tree mass, as defined in Article 10 of this UDC, is being disturbed.

Plants that create a public nuisance are not protected by the provisions of this Section of the UDC.

Overview Of Submittal Process.

Development Process	Plan Submittal	Staff Action	Decision-Making Authority
Zoning Map amendment or special procedure	Tree stand delineation (TSD)	Review/ recommendation	N/A
Site development concept plan	TSD, tree preservation plan (TPP), conceptual landscape plan	Review/ recommendation	Planning Commission
Site plan/site development plan/site development section plan	TSD, TPP, landscape plan	Review/ recommendation	Planning Commission or staff
Special conditions request	Mitigation plan	Review	Staff
Municipal zoning approval	TSD, TPP (except where specifically exempted)	Review	Staff
Grading permit/improvement plan	The approved TPP	Review	If modification requested is 10% or less: Staff reviews and may approve in part or whole and mitigation may be required. If modification requested is more than 10%: Planning Commission reviews
Bond release	N/A	Staff reviews site against approved landscape plan and TPP	Staff

Protection Of Public Or Private Trees.

It is unlawful for any person to attach any sign, advertisement, notice, fence or any other man-made object to any tree in the public right-of-way, park or any other City property. Exceptions: temporary devices used for normal installation or maintenance of planted trees or as permitted by the City of Chesterfield.

It is unlawful for any person to damage, cut down, destroy, top or injure any tree without first obtaining the necessary approval from the City of Chesterfield. If any tree, shrub or plant is damaged, removed, or destroyed without first acquiring approval from the City of Chesterfield, this shall constitute a violation of Section 405.04.020 of this Article and a fine shall be assessed based upon the value and number of each tree, shrub or plant which was removed, damaged, or destroyed. Tree values shall be based on procedures in "Guide for Plant Appraisal," latest edition, published by the International Society of Arboriculture. Monies collected from fines will be placed in the tree preservation account in accordance with Section 405.04.020(M) of this Article.

Trees may not be removed from any common open space or green space preservation area unless authorized by the City of Chesterfield.

This provision shall not apply to any ordinary care and maintenance or removal of hazardous trees or tree parts by a governmental entity or its designee authorized to exercise jurisdiction over the right-of-way, park or other infrastructure, or public property, or to provide regular road maintenance.

The Director of Planning has the authority to order the removal of trees or shrubs on private property which may endanger life, health, safety, or property of the public.

Removal shall be done by owners at their expense within sixty (60) days after the date of notice served.

Disposal of trees with communicable diseases shall be performed in a manner which prevents the spread of disease.

In the event the owners fail to comply with such provisions, the City shall have the authority to remove such trees and charge the costs of removal as well as any costs for fees to record or release any lien and reasonable administrative costs, as a special assessment represented by a special tax bill against the real property affected, and shall be filed by the City Clerk and deemed a personal debt against the property owner and shall remain a lien on the property until paid.

The Director of Public Works may authorize the removal of street trees for public or private construction projects.

When deemed appropriate due to the nature of the existing vegetation on the site, the City may require the applicant to provide a landscape or forestry study by an independent tree specialist.

Tree Stand Delineation (TSD).

Purpose. The purpose of the TSD is to provide a general accounting of existing vegetation so that a conceptual design of the proposed development can be done.

Applicability. A TSD is required for submittal as outlined in Section 405.04.020(D), Overview of submittal process, of this Article.

Exceptions. For single-family residential dwellings which do not meet the criteria in Section 405.04.020(C), Exceptions, the property owner may be required to submit a letter stating the acreage, the work proposed and that no tree mass is being disturbed. If there are trees on site, a partial TSD and partial TPP is acceptable.

Criteria.

The following items are required on a TSD:

(1)

Detailed description and location of individual trees and groups of trees, including specific size and estimated number of trees within a natural area.

(2)

Identification of existing roads, building footprints, parking lots, stormwater structures and utilities.

(3)

Signed by a tree specialist.

(4)

For trees larger than five (5) inches DBH, either BAF 10 study or ocular estimate method may be utilized.[1]

[1]

Editor's Note: Depictions of the BAF 10 Method and the Ocular Estimate Method are included as attachments to this Chapter.

(5)

As directed by the City of Chesterfield, submit a site plan with TSD overlay. An "overlay" is defined as a transparent sheet containing the proposed TSD line work which will be superimposed over the proposed site plan.

The City's Tree Specialist may, at the City's discretion, be asked to verify any information provided on the TSD.

Tree Preservation Plan (TPP).

Purpose. A TPP is a plan based upon information provided by a tree specialist that delineates areas where trees are to be saved and details measures to be taken to ensure protection and survivability of trees to be saved, prior to and during construction, and also complies with guidelines which are listed in this Section.

Applicability. A TPP is required for submittal as outlined in Section 405.04.020(D), Overview Of Submittal Process, of this Article. In addition and unless otherwise exempted in this Section of the UDC, the TPP provisions of this Section of the UDC shall also apply to all vacant or undeveloped land and all property to be redeveloped, including additions and alterations with five thousand (5,000) square feet or more of wooded area of any site that contains a monarch tree stand.

Exceptions. For single-family residential dwellings, which do not meet the criteria in Section 405.04.020(C), Exceptions, of this Article, the property owner may be required to submit a letter stating the acreage, the work proposed and that no tree mass is being disturbed. If there are trees on site, a partial TSD and partial TPP is acceptable.

Criteria. The following items are required on a TPP:

A minimum thirty percent (30%) of any wooded area shall be maintained as protected wooded area without disturbing the roots of trees within the protected wooded area.

The applicant shall save tree groupings within wooded areas to maintain the trees' structural integrity and natural aesthetics.

The applicant shall not include any trees or wooded area in building areas, in areas with proposed or existing utilities, or rights-of-way as preserved or protected to satisfy the canopy coverage requirements.

In order to minimize interference with overhead utility lines, all trees located within existing and proposed easements that are anticipated to include overhead utility lines, shall be removed by the applicant so as to limit the potential for damage to utility distribution facilities. Specific trees and landscaping materials may be retained if, as approved by the Director of Planning, they will not damage or interfere with the delivery of utility service at normal mature height.

Plan Requirements. The following is a list of all items and information that must be included in the TPP.

Provide detailed description and location of individual and groups of trees to be preserved and the proposed protection measures.

Plan must be at the same scale as the site plan or grading plan.

Signed and sealed by a Missouri landscape Architect.

Table listing the following:

(1)

The total site area.

(2)

The existing tree canopy coverage, excluding the area in easements and rights-of-way with overhead utility lines as described in Section 405.04.020(G)(4) of this Article.

(3)

The tree canopy coverage proposed for removal.

(4)

The tree canopy coverage provided for preservation.

Existing and proposed contours.

Location of existing tree canopy.

Locations of all improvements with proposed utilities as shown on the site plan, including building areas, easements, or rights-of-way.

Limit of disturbance line.

General or conceptual locations of all sediment control devices and structures.

The location, type, size, and proposed removal or preservation of all monarch trees as shown on the TSD and the critical root zone for those monarch trees within fifty (50) feet of the limit of disturbance.

Tree protection notes shall include the following language:

(1)

Clearing limits shall be rough staked or marked by the applicant's surveyor in order to facilitate location for trenching and fencing installation.

(2)

No clearing or grading shall begin in areas where tree treatment, preservation, and protection measures have not yet been completed.

(3)

Protective devices with details (aeration systems, retaining walls, etc.).

(4)

Early maintenance schedule (i.e., pruning, injection fertilizing, etc.).

(5)

Name of tree specialist and company.

Construction Standards For Field Practice.

Protective fencing shall be installed along the limit of disturbance line to prevent damage to the roots, trunk, and tops of protected trees. This protective fence shall protect the tree and its roots from clearing, grading, soil filling, storage of materials, parking of vehicles, utility installation or other construction activity of any kind.

Signs designating required tree protection areas, common open space areas, or green space preservation areas shall be posted along the limit of disturbance line.

Root pruning or trenching shall occur when roots, within the critical root zone of a protected tree, would be damaged as a result of nearby excavation or the addition of fill over the root system.

Trenches are not permitted inside the dripline of a tree's canopy.

Sediment and erosion control structures must be used to keep eroded soil from covering roots of protected trees. Siltation screens, etc., are appropriate.

Tunneling may be required when utilities are to run through a tree's critical root zone. Tunneling is required for permitted work within a tree's canopy coverage. Tunneling must adhere to the requirements set forth in Table 1.

Table 1
Tunneling Standards
Tree Diameter (DBH) (inches)	Tunnel Distance From Trunk of Tree Measured in All Directions (feet)
Less than 6	3
6 to 9	5
10 to 14	10
15 to 19	12
Over 19	15

Preservation Requirements On Construction Site.

Tree Protective Measures And Protection.

No tree shall be removed in a green space preservation area, tree protection area, or common open space area without approval from the City of Chesterfield. The location of green space preservation area, tree protection areas, or common open space areas shall be determined during the establishment of the site-specific ordinance or as established on the approved TPP.

The applicant shall not disturb the tree protection area of any tree to be preserved.

No healthy living plant material shall be removed, disturbed, or damaged in a green space preservation area. The location of any green space preservation area shall be determined during the establishment of the site-specific ordinance or during the site plan review process.

A tree specialist shall be named and employed by the applicant. Said tree specialist should be available for on-site inspections as directed by the City of Chesterfield.

During the erection, alteration, or repair of any building structure, street, sidewalk, underground pipe or utility, the contractor shall place guards, fences, or barriers to prevent injury to the trees.

During construction or during improvement plan review, the City of Chesterfield may determine that certain trees originally marked for preservation may have to be removed due to location of utilities or required improvements. If such determination is made, an amended plan shall be submitted to the Director of Planning for review and approval.

Prior to the issuance of any occupancy permits, should any preserved tree die or be damaged beyond repair as a result of grading or construction damage, the applicant shall pay a fine to the City equal to the value of the trees that died or are damaged beyond repair as certified and determined by the City's Tree Specialist. Said cost shall include the cost of appraisal incurred by the City of Chesterfield. The City will withhold occupancy permits and/or any other required permits until the fine is paid. Tree values shall be based on procedures in "Guide for Plant Appraisal," latest edition, published by the International Society of Arboriculture. Monies collected from fines will be placed in the tree preservation account in accordance with Section 405.04.020(M) of this Article.

Should any tree die, or be damaged beyond repair, as a result of grading or construction within a two-year period after cessation of grading or completion of the required improvements, whichever is less, the applicant shall be responsible for replacing the tree. Failure to replace shall constitute default and the City of Chesterfield shall be entitled to proceed against the tree protection surety.

Refer to Section 405.04.020(L) of this Article for surety and escrow procedures.

Plant Selections.

All trees shall be selected from the City of Chesterfield Tree List[2] provided in this Article.

[2]

Editor's Note: The Tree List is included as an attachment to this Chapter.

All trees within five (5) feet of existing or proposed rights-of-way or public sidewalks shall be taken from the Street Tree category in the City of Chesterfield Tree List.

A variety of trees from the City of Chesterfield Tree List must be utilized so that there is a mix of tree species, growth rate, and tree size.

A minimum of thirty percent (30%) of the trees must be of a species with a slow or medium growth rate.

For projects in which more than fifty (50) trees will be installed, a variety of tree species within each category of deciduous, evergreen, and ornamental trees must be utilized. Each of the three (3) categories shall provide a minimum of twenty percent (20%) of the total trees to be planted. No more than twenty percent (20%) of the trees selected shall be from the same species. For projects that require only street trees, no one species shall comprise more than twenty percent (20%) of the total trees to be planted.

Landscape Proposals. Landscape plans must be submitted to the Department in conjunction with a proposed development or redevelopment. A conceptual landscape plan must be submitted with the site development concept plans.

Landscape Plan Requirements. The information to be submitted as a part of the landscape plan shall include but not be limited to the following:

The landscape plan shall be of the same size and scale as the applicable site plan(s) submitted to the City.

The landscape plan shall be produced by a Missouri landscape architect, whose name and seal are attached.

Trees shall be selected from the City of Chesterfield Tree List.

All proposed deciduous trees and ornamental trees shall be a minimum caliper of two and one-half (2 1/2) inches, and evergreen trees shall be a minimum of six (6) feet in height.

Tree locations, species, and numbers shall be identified on the scaled drawing. A conceptual landscape plan only indicates the proposed landscaping along arterial and collector roadways.

Trees shall be selected according to Section 405.04.020(J) of this Article.

Elevations and plan views of proposed landscaping shall be provided as requested by the City of Chesterfield.

The landscape plan shall include a legend identifying the symbols for the various types of trees.

The landscape plan shall show the location of any easements or utilities.

Protection measures must be identified around all trees required to be retained.

The landscape plan shall list the percentage of open space in relation to total area of the site.

The landscape plan shall include a summary table for all plant materials, listing common and scientific name and variety, deciduous, evergreen or ornamental, quantity, maturity, height and caliper.

Plant selection shall comply with all other applicable sections of the UDC.

Landscape Buffers, Setbacks, Berms Or Walls.

Landscape buffers are required per the criteria set forth in Table 2 below. Landscape buffers shall contain a combination of deciduous trees, evergreen trees, ornamental trees and shrubs and should enhance and preserve native vegetation.

Table 2
Landscape Buffer Requirements
Type of Subdivision	Landscape Buffer Required
When a residential development abuts a residential development	Minimum 20-foot-wide buffer strip, 10 feet of which may be satisfied by installing landscaping on the abutting property with property owner consent.
When a residential development abuts a non-residential development	Minimum 30-foot-wide buffer strip, 10 feet of which may be satisfied by installing landscaping on the abutting property with property owner consent.
When a non-residential development abuts a residential development	Minimum 30-foot-wide buffer strip, 10 feet of which may be satisfied by installing landscaping on the abutting property with property owner consent.
When a residential subdivision abuts a non-subdivision street	Minimum of 30-foot-wide buffer strip.
For all property zoned as an E District	Minimum of 30-foot-wide buffer strip. The buffer strip shall not be counted towards minimum lot size.
Development along collector or arterial roadway	Minimum of 30-foot-wide buffer strip.

NOTES:
For the purpose of this Article, if the abutting property is zoned NU Non-Urban, the Comprehensive Plan is to be consulted to determine if the abutting property should be considered residential or non-residential.
Landscaped berms, walls or fences are required to screen automobile headlights from areas zoned residential or non-urban.

Flexible landscape buffer requirements may be granted by the Director of Planning in cases where it can be demonstrated that the proposed landscape buffer encourages a creative design solution to the issue of buffering adjacent land uses.

For all districts, landscape buffers must be outside of any right-of-way dedication.

For all districts, no plantings are allowed within drainage swales or ditches.

For all districts, entrance islands and culs-de-sac shall be landscaped as directed by the City of Chesterfield.

Figure 1: Buffer Requirements

Landscaping For Parking Lots And Tree Islands.

Landscaped Islands.

(1)

Landscaped islands shall be placed at the ends of parking aisles and within aisles.

(2)

Landscaped islands shall contain plantings consisting of deciduous trees and ground covers, such as shrubs, ivy, flowers, and grasses that do not block required line of sight for vehicles.

(3)

All parking aisle and end cap islands shall be at least nine (9) feet wide as measured face to face of curb.

(4)

Landscaped islands with trees shall be at least nine (9) feet wide measured face to face of curb, with at least one hundred thirty-five (135) square feet of pervious area per tree.

(5)

Interior islands landscaped without trees shall be at least six (6) feet wide as measured face to face of curb.

(6)

Landscaped islands shall be landscaped in accordance with Table 3 below:

Table 3
Landscape Requirements for Tree Islands
Type of Island	Landscaping Required
Single island	1 deciduous tree required. Minimum landscape width of 9 feet with minimum island pervious area of 135 square feet
Double island	2 deciduous trees are required per double landscaped island. Minimum island pervious area of 135 square feet per tree.
Double island at end of double row of parking	There shall be a double island of 270 square feet placed at the ends of a double row of parking. 2 deciduous trees are required that do not block required line of sight for vehicles. Minimum island pervious area of 135 square feet per tree.

Parking Lots.

(1)

No parking space shall be located further than fifty (50) feet from a tree.

(2)

Vehicular areas should have a minimum fifteen-foot landscape setback from existing or proposed rights-of-way lines.

(3)

Vehicular areas along a collector or arterial roadway shall have a minimum landscape setback of thirty (30) feet.

(4)

Parking islands are not required to have a tree in instances where the adjacent parking spaces are within fifty (50) feet of a tree in other areas of the development.

(5)

Trees planted in parking islands at no time shall block the required sight lines for motorists.

Street Trees, Shrubs And Plantings.

The use of street trees and shrubs in landscaping for residential and non-residential developments shall adhere to the requirements set forth by Table 4 in this Article. Acceptable street trees for residential and non-residential subdivisions are included in the City of Chesterfield Tree List[3] provided in this Article and may be amended by Council policy as needed.

[3]

Editor's Note: The Tree List is included as an attachment to this Chapter.

The Director of Planning may require that street trees be provided for all public streets within and adjacent to any proposed development where insufficient street trees presently exist. Proper approvals and permits must be obtained from the applicable agency. Planting locations will be guided by specifications found herein.

Table 4
Street Tree Placement for Residential and Non-Residential Developments
Frontage requirement	A minimum of 1 street tree for every 40 feet of lot frontage for single-family subdivisions and 50 feet of street frontage for multifamily subdivisions, including common land, and non-residential subdivisions.
Size requirement	Street trees shall be at least 2 1/2 inches in caliper.
Species utilized	A maximum of twenty percent (20%) of one species may be utilized for street trees.
Location to right-of-way	Street trees shall be located within a street right-of-way unless so approved by variance.
Location to curb and sidewalks	Street trees shall not be planted closer than three (3) feet to any curb.
Location to streetlights, street signs, and intersections	Street trees shall not be placed within 25 feet of streetlights, street signs and intersections.
Location to street inlets or manholes	No trees shall be planted within 10 feet of street inlets or manholes.

For all districts, landscaped entrance islands shall not block required lines of sight.

For all districts, no tree, shrub or planting shall be placed within the sight distance triangle or the area of adjacent right-of-way bounded by the street pavement and the extension of the sight distance triangle.

Shrubs at mature size shall not extend over pavement or sidewalks. Trees shall be placed such that they can be trimmed to provide a minimum clearance of ten (10) feet over City-maintained sidewalks and twelve (12) feet over roadways. Trees shall not obstruct the view of street signage. [NOTE: These requirements apply to shrubs and plantings that at mature height exceed three (3) feet above the elevation of the adjacent pavement or sidewalk and trees that at mature height have bottom branches less than seven (7) feet above the adjacent pavement.]

Installation And Maintenance.

Consideration must be given to year-round appearance.

All landscaped areas, including islands, shall be provided with mechanical, in-ground irrigation system.

All landscaped areas should be curbed or protected by parking stops. Consideration should be given to access for mowing equipment.

Burlap and twine shall be removed from at least the top one-third (1/3) of the root ball, and wire baskets shall be completely removed prior to backfilling.

Mulch may be used instead of grass or in combination with grass. When mulch is used, it shall completely cover the root area with a maximum of two (2) to four (4) inches of mulch.

Landscape Sureties.

Prior to the signing of any Mylar for a record plat or approval of any municipal zoning approval application (MZA) other than for a display house plat, a landscape surety shall be posted.

The requirements for landscape installation and maintenance sureties in the City of Chesterfield are as follows:

(1)

Landscape installation surety. When the estimated material's costs for new landscaping shown on the site development plan exceeds one thousand dollars ($1,000.00) as determined by a plant nursery, the applicant shall furnish a two-year surety (bond or escrow) sufficient in amount to guarantee the installation of said landscaping with an executed landscape agreement. Alternatively, landscape installation surety may be included in the subdivision escrow, as approved by the Director of Planning.

(2)

Landscape maintenance surety. Upon confirmation of planting of all required landscaping, the landscape installation surety can be transferred to a two-year landscape maintenance surety.

Tree Protection Surety And Escrow Procedures.

Prior to the issuance of any grading permit or improvement plan approval, a tree protection surety shall be posted to account for trees that die, or are damaged beyond repair, as a result of grading or construction damage. The tree protection surety will remain for two (2) years after the issuance of the cessation of grading or completion of the required improvements, whichever is later.

The amount of the tree protection surety shall be in the amount of ten thousand dollars ($10,000.00) per one hundred (100) linear feet, or portion thereof, of wooded canopy perimeter to be preserved adjacent to any proposed clearing, grading, or other disturbance; or twenty thousand dollars ($20,000.00) per acre to be preserved, whichever is less.

The number of replacement trees is determined by matching the total caliper inches of trees to be planted with the total DBH inches of the trees that were lost.

A landscape plan shall be developed for the replacement trees according to specifications shown in Section 405.04.020(K) of this Article.

Failure to replace trees shall constitute default, and the City of Chesterfield shall be entitled to proceed against the surety. Monies collected from fines will be placed in the tree preservation account according to Section 405.04.020(M) of this Article.

A tree protection surety is not required for projects or sites that are exempt from the provisions of this Article as described in Section 405.04.020(C), Exceptions, or for single-family residential lots over one (1) acre in size which are not disturbing any monarch tree stand or as determined by the Director of Planning.

Tree Preservation Account. There is hereby established a Tree Preservation Account which shall be held as a separate account from the City's general fund. The monies paid as a result of fines or payments under the mitigation provisions of this Section or monies paid into this account pursuant to any other term of this Section shall be used only for tree plantings on public property in the City of Chesterfield as directed by the Director of Planning.

Requests For Modification. In cases where the strict adherence to this Section of the UDC creates practical difficulties or unnecessary hardships in carrying out these provisions due to an irregular shape, topography or other condition as solely determined by the Director of Planning, said modification to the requirements found in this Section of the UDC may be approved in whole or in part, provided that the modification will not seriously affect the integrity and soundness of the project.

Special Conditions. To establish that special conditions exist on a site which necessitates a modification to the requirements of this Section of the UDC, information must be submitted which shall include, but not be limited to the following:

Explanation of project qualification as a special or unusual site. The site to which a modification is being requested must meet one (1) of the following criteria:

(1)

Property for which:

(a)

An ordinance detailing development requirements has been in existence as a result either by the City of Chesterfield or St. Louis County (prior to the City's incorporation); and

(b)

A valid site development concept plan, site development plan, site development section plan or a final development plan has been approved prior to the adoption of the original Tree Ordinance, No. 1345, enacted on November 17, 1997; or

(2)

Property zoned commercial or industrial which will allow for clearing of the lot for the development of the square footage as previously approved by the current ordinance in place by the City of Chesterfield or St. Louis County on the date of the adoption of the original Tree Ordinance, No. 1345, enacted on November 17, 1997; or

(3)

Property for which a tree specialist determines that the applicant is unable to provide tree preservation in accordance with the Tree Manual due to highly unique and severe circumstance, such as extremely poor quality of trees, extreme topography, unusual lot shape, or other similar condition.

A tree stand delineation (TSD) with an overlay of the existing conditions when applicable. When seeking a modification to the preservation requirement of thirty percent (30%), a TSD is required.

An engineering plan and/or drawings which depict and describe that development of the structures as proposed or authorized is impracticable because of the unique character or topography of the site which is not generally applicable to other sites.

A statement by a tree specialist stating why the development cannot adhere to the requirement.

(1)

When seeking a modification to the preservation requirement of thirty percent (30%), the statement certified by a tree specialist must include that a minimum of thirty percent (30%) of the original wooded canopy will be replanted with appropriate tree species on the site. Specific details as to the location, tree type, tree size, etc., must be included. New trees required as part of a mitigation plan may not be used to meet the minimum requirements for landscaping on a site.

(2)

When seeking a modification to the landscape buffer requirement, the statement certified by the tree specialist must include specific details as to the width of the landscape buffer that will be provided, as well as the location, tree type, tree size, etc. An alternate landscape plan showing this information is required to be submitted for review and approval.

Approval.

The Director of Planning will review information provided by the applicant requesting consideration that special conditions exist on the site. The applicant will be notified in writing of the decision of the Director of Planning.

If special conditions are identified to exist on the site, projects seeking modification from the preservation requirement of thirty percent (30%) shall submit a mitigation proposal, as directed by the City of Chesterfield, explaining how the applicant plans to mitigate the loss of trees on the site. This may include a plan or detailed schematic of mitigation method. This will be reviewed and approved by the City of Chesterfield. The mitigation plan may be approved in full or in part.

Where site constraints or other factors prevent replacement on or off site, the applicant shall make a cash contribution to the tree preservation account, according to Section 405.04.020(M) of this Article, in an amount equal to the cost of replacing the trees which are not able to be preserved. Said costs shall include labor and plant material.

Mitigation Plan. If special conditions have been identified in accordance with Section 405.04.020(N) of this Article, then a mitigation plan shall be required which will show, at a minimum, the following information and shall be submitted for review and approval by the Department of Planning.

Selective clearing and supplemental planting shall be displayed on an overlay plan.

An on-site afforestation plan using larger or smaller stock; the number of trees will depend on the species selected and the ultimate tree canopy; based on tree sizes noted in the list of trees in Table 5[4] of this Section of the UDC.

(1)

Four hundred (400) square feet for large trees.

(2)

Three hundred (300) square feet for medium trees.

(3)

Two hundred (200) square feet for small trees.

[4]

Editor's Note: Said Table is included as an attachment to this Chapter.

Planting must achieve a minimum of thirty percent (30%) of the area of original tree canopy coverage.

Applicants submitting mitigation plans must utilize a mix of trees that varies in species, size, growth rate, and life span and consists of no more than twenty percent (20%) of one category.

Appeal.

Decisions of the Director of Planning regarding the application of this Section of the UDC may be appealed to the Board of Adjustment in accordance with applicable procedures as established by the Board of Adjustment and found in Chapters 120, 125, and 400 of the City Code.

Decisions of the Director of Public Works regarding the application of this Section of the UDC may be appealed to the Board of Adjustment in accordance with the applicable procedures as established by the Department and found in Chapters 120, 125, and 400 of the City Code.

Section 405.04.030 Lighting Standards.

[CC 1990 § 31-04-03; Ord. No. 2801 § 3 (Exh. A), 6-16-2014; Ord. No. 3001, 5-7-2018; Ord. No. 3116, 8-17-2020]

Purpose.

The purpose of this Section is to provide minimum standards for effective, economical, and attractive outdoor lighting. It is the intent of this Section to:

Discourage excessive lighting, to minimize glare and light trespass protecting neighbors from the consequences of stray light.

Create a safe environment in hours of darkness.

Regulate the type of light fixtures, lamps and standards.

Applicability.

These regulations shall apply to all outdoor lighting including residential, and all jurisdictions, including public, private, and municipal, except as provided elsewhere in this Article.

Single-family residential lots shall be exempted from this Section of Code; however, nothing in this Section shall be construed to exempt single-family lots from complying with Chapter 215, Nuisances.

All required lighting installations must be regularly maintained (cleaned, repaired, etc.), such that they always provide acceptable luminance levels and glare control.

Architectural Specialty Lighting Package Submittals.

The purpose of an architectural specialty lighting package is to provide comprehensive, complementary and unified architectural specialty lighting throughout a single development or contiguous lots under common ownership. If an architectural specialty lighting package exists for a multi-lot development or subdivision, then individual lots within that subdivision or development may not submit their own, separate architectural specialty lighting package. In addition, developments of a certain size, quality, or mix of uses may require special architectural specialty lighting consideration. Therefore, in order to encourage superior design, quality and character, comprehensive architectural specialty lighting packages allow for specialized review of architectural specialty lighting and flexibility from standard site lighting requirements. An architectural specialty lighting package is not required for traditional architectural accent lighting applications or for residential applications, as determined by the Director of Planning. Seasonal holiday displays are exempt from the architectural specialty lighting package regulations.

Architectural specialty lighting should highlight and accentuate traditional building detailing and architectural features.

The color temperature of architectural specialty lighting should underscore the building materials and character.

When non-traditional lighting color is requested, changes in color shall be limited to one (1) change within any twenty-four (24) hour time period. Modifications to this standard shall require a two-thirds (2/3) vote of the Planning Commission.

Precise lighting applications should highlight distinctive architectural features.

All proposed light fixtures should be permanently mounted.

Architectural specialty lighting should be unobtrusive in intensity and should not turn a building into an attention-getting device or blanket signage.

Architectural specialty lighting shall not interfere with or obscure the public's capacity to receive information, or cause visual confusion by interfering with pedestrian or vehicular traffic. Architectural specialty lighting shall conform to the character of the community, enhance the visual harmony of development, and preserve the public health, convenience, welfare and/or safety within the City of Chesterfield by maintaining the high aesthetic quality of the community.

When an architectural specialty lighting package is requested for a proposed or existing development, the criteria for site lighting, as provided for in this Article, may no longer be applicable in its entirety or portions thereof. The reason for the requested modification is to provide for flexible architectural accent lighting criteria that promotes superior design, and is tailored to a specific development which may vary from general ordinance provisions.

10.

Consideration of flexibility in architectural specialty lighting criteria is based on a number of review factors, including, but not limited to, the physical impact of the proposed architectural specialty lighting package, the quality of the proposed architectural specialty lighting package, and mitigation of unfavorable conditions such as excessive lighting, light spillover, height, and other related conditions and potentially negative impacts. However, in no instance shall architectural specialty lighting applications result in light trespass at the property line.

11.

When an architectural specialty lighting package is requested for a development, the following shall be submitted to the Department:

A narrative detailing the reasoning for the architectural specialty lighting package request and why it will enhance the proposed development above what would be permitted through the City of Chesterfield UDC. The narrative shall address how the proposed architectural specialty lighting is architecturally integrated with the building style, materials, and color.

The narrative shall include a description of the location, illumination level, color, dimensions, mounting height, construction material, hours of use, nature (static, shifting, flashing, blinking, animation, graphics, light patterns, etc.), frequency and duration of lighting shifts/changes, brightness, and type of all proposed architectural accent lighting fixtures.

Detailed, high-resolution, color elevations drawn to scale of all structures containing proposed architectural specialty lighting fixtures.

Night view perspectives or renderings.

Photographs of all existing architectural specialty lighting fixtures.

Lighting plans indicating the location of all standards and fixtures and the proposed type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices as well as three-dimensional photometric elevations denoting foot-candle levels on all impacted building elevations and adjacent ground areas.

A cut sheet will be required for each proposed fixture and associated shielding.

Where shielding is not provided in conjunction with the proposed light fixture, information indicating that no light trespass or sky glow will result from the requested fixture is required.

Photographs of similar installations or building applications.

Photographs of adjacent properties.

Other information as required by the City of Chesterfield.

12.

Upon review by staff and after receiving recommendation from the ARB, architectural specialty lighting packages shall be submitted to the Planning Commission for review and consideration.

Site Lighting. Site lighting shall be designed to provide the minimum lighting necessary to ensure adequate vision and comfort in parking areas, and to not cause glare or direct illumination onto adjacent properties or streets. The Director of Planning shall approve exterior light fixtures and usage after submittal of items as delineated in Subsection (G) demonstrate compliance with the standards set forth in this Section.

All exterior lighting shall be unobtrusive, harmonious with the local area, and constructed or located so that only the intended area is illuminated and off-site glare is fully controlled.

Exterior site lighting shall be fully-shielded, cut-off optics, flat-lens enclosed luminaires.

The mounting height of all light standards shall not exceed twenty (20) feet.

Exterior building lighting shall be architecturally integrated with the building style, material, and color. The color of exterior lamps shall be consistent with that on surrounding buildings.

All accent lighting, including Light-Emitting Diodes (LED), and lighting used for signage shall be subject to the approval of the Department.

Parking area lighting shall be designed and installed so as to achieve the illumination levels set forth in Table 3, below. Lighting shall be maintained so as to achieve not less than eighty percent (80%) of the minimum illumination level set forth by the following Table 3.

The facades of buildings facing I-64/US 40 should utilize accent lighting, as opposed to flood lighting. All lighting shall be mounted at a maximum height of thirty (30) feet.

The Director of Planning may permit lighting arrangements exceeding the maximum initial level set forth in Table 3, below, to allow lighting designs which substantially exceed the required minimum and average illumination levels. Any plan exceeding the levels below should be accompanied by a statement from a qualified lighting designer providing industry standards and information substantiating the requests.

Table 3: Illumination standards in foot-candles for structures and their parking areas:
	Residential	Commercial	Other
Minimum initial level at any point on the parking area.	0.07	0.5	0.3
Maximum initial level five (5) feet from the base of a light standard.	3.0	8.0	5.0

*	For the purpose of this Subsection, "commercial" refers to parking areas for any land use, regardless of zoning designation, in which goods or services are offered to the general public on the premises.

Street Lighting. Streetlights shall be required in residential and non-residential subdivisions in accordance with the criteria set forth in this Section of the UDC. This includes public streets, private streets, and roadway easements. The lighting source may be electric, gas, or solar.

The Director of Planning shall approve street lighting after submittal of items as delineated in Subsection (G) demonstrate compliance with the standards set forth in this Section.

Streetlighting Plan. All streetlighting shall be reviewed and approved by the Planning Department, including location, spacing, height, and assembly details. Assembly details shall include illumination levels, lamping, fixtures, enclosure, mast arm, pole, photo cell, and any other devices. The developer shall submit for review and approval such number of copies as requested by the Department of the approved preliminary plat indicating the location of light standards and all assembly details. All light standards shall meet the following requirements:

Residential light standards shall be not less than sixteen (16) feet above grade. Non-residential light standards shall be not less than twenty-two (22) feet above grade.

Lumen output and illumination level shall adhere to standards contained within ANSI/IENSA RP-8-14, Roadway Lighting.

Streetlights shall be placed at each street intersection within a subdivision, on street frontage between intersections (in accordance with Table 5 or 6), at each intersection of a street with a pedestrian way, at each circular turnaround (cul-de-sac), and in compliance with all provisions and regulations contained within this Section.

(1)

Exception: In a large-lot subdivision or a subdivision in the NU Non-Urban District utilizing the density development procedure, a streetlight shall be required only at each intersection of a private or public roadway with an existing or proposed public or private street.

Streetlights shall be placed along any existing adjacent State, County, or City roadway which does not contain sufficient existing lighting, as determined by the Department.

Lighting shall be designed and maintained to avoid unnecessary illumination of residential interiors. Streetlighting shall be unobtrusive and not create any light nuisance or glare.

Any gas or electric facilities supplying illumination to streetlights shall be buried a minimum of eighteen (18) inches below grade. All gas or electric piping and wiring to illumination sources shall be contained within the light standards or pole structure.

Light standards shall generally not be located within three (3) feet of the street pavement. Where sidewalks are required, streetlight standards shall be located equally between the sidewalk and street pavement. Variations to this Section may be approved by the City Engineer.

The developer shall submit to the Department a maintenance agreement, a trust indenture, or other similar instrument setting for the person, corporation, trustees, or other agencies responsible for the assessment necessary for the operation and the maintenance of the lighting system within the subdivision, including any subdivision lights located on adjacent State, County, or City roadways.

To achieve uniformity, streetlighting plans shall utilize the same light fixture, standard, and luminaire throughout the development. Exceptions may be approved by the Director of Planning with justification.

All lighting shall be installed and maintained in accordance with the approved lighting plan, unless modifications are approved by the Department in accordance with City policy.

Light criteria for residential subdivisions shall comply with Table 5.

Table 5: Distance Requirement for Residential Subdivision Light Standards
Type of District/Street	Maximum Distance Permitted between Light Standards
Cul-de-sac and loop streets not in special procedure districts	325 feet
Local streets	325 feet
Collector streets	250 feet
Arterial streets not in special procedure districts	200 feet
Arterial streets in "R-1," "R-1A," "R-2," "E 1/2," "E-1," "E-2," "PEU," or "PUD"	250 feet
Cul-de-sac and loop streets in "R-1" Residence District	400 feet
Cul-de-sac and loop streets in "R-1A," "R-2," "E 1/2," "E-1," "E-2," "E-3," "PEU" or "PUD"	325 feet

Light criteria for non-residential subdivisions shall comply with Table 6.

Table 6: Distance Requirement for Non-Residential Subdivision Light Standards
Type of District/Street	Maximum Distance Permitted between Light Standards
Cul-de-sac streets, loop streets, local streets	325 feet
Collector streets	250 feet
Arterial roadways not located in "PI," "LI" or "M" District	200 feet
Collector streets in "PI," "LI" and "M" Districts	325 feet
"C-8" and/or "PC" Planned Commercial District	325 feet

Use Specific Criteria. The following uses must adhere to all lighting criteria set forth in this Section of the UDC, in addition to specific requirements as detailed below. These uses include but are not limited to recreational facilities, commercial holiday lighting, outdoor theatres, medical facilities, and gasoline stations.

Recreational Facilities. Any light source permitted by this UDC may be used for lighting or outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, and horse or show areas, provided all of the following conditions are met:

Lighting for parking lots and other areas surrounding the playing field, court, or track shall comply with these lighting standards.

All fixtures used for evening lighting shall be fully shielded. To the extent that it is not feasible to use fully-shielded fixtures then lighting shall be designed and provided with sharp cut-off capability, so as to minimize any light nuisance, spill-light, and glare.

Illumination of the playing field, court, or track shall not be permitted after 10:30 p.m., except to conclude a scheduled event that was already in progress.

Holiday Lighting. Residential and commercial holiday lighting is permissible from November 15 to January 25.

Commercial holiday flashing lights are prohibited.

Commercial holiday lights are encouraged to be turned off after the close of business.

Lighting Of Gasoline Station Aprons And Canopies.

Lighting levels on gasoline station aprons and under canopies shall be adequate to facilitate the activities taking place in such locations as well as to provide a safe, secure environment.

All lighting illumination levels and fixtures shall comply with the provisions of the City of Chesterfield Lighting Standards.

All lamp source types and illuminance levels shall meet the guidelines of the IESNA.

Areas on the apron away from the gasoline pump islands used for parking or vehicle storage shall be illuminated in accordance with the requirements for parking areas set forth in Section 405.04.030(D) of this Article. If no gasoline pumps are provided, the entire apron shall be treated as a parking area.

Areas around the pump islands and under canopies shall be illuminated so that the minimum horizontal illuminance at grade level is no more than five and five tenths foot-candles. The ratio of average to minimum illuminance shall be no greater than 4:1. This yields an average illumination level of no more than 22.0 foot-candles.

Light fixtures mounted on canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface of the canopy and/or shielded by the fixture or the edge of the canopy so that light is restrained to no more than eighty-five degrees (85°) beyond the vertical plane.

Submittal Requirements.

Submission Contents. The applicant for any site development plan, site development concept plan and site development section plan shall also submit a lighting plan that shall comply with this UDC. Lighting plans are approved by the City of Chesterfield. The following information shall be included in the plan:

A diagram indicating the location of all standards and fixtures and the proposed type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices as well as a photometric plan denoting foot-candle levels;

A description of the illuminating devices, fixtures, lamps, color of lights, supports, reflectors, and other devices;

A cut sheet will be required delineating all light standards and fixtures.

Prohibitions.

The operation of searchlights for advertising purposes is prohibited.

The use of laser source light or any similar high intensity light for outdoor advertising, when projected above the horizontal, is prohibited.

With the following exceptions, all lamp source types are acceptable provided they are installed in equipment which meets the Illuminating Engineers Society's requirements:

The use of mercury vapor lamps and low pressure sodium lamps is discouraged.

Fluorescent lamps with a color rendering index greater than seventy (70) and color temperatures between three thousand degrees Kelvin (3000° K) and four thousand one hundred degrees Kelvin (4100° K) are required.

Neon.

Neon Prohibited. The use of visible neon tubing as a sign or for architectural element, whether located on the exterior or interior of a wall or window, if visible from the street is prohibited.

Request For Exception. Requests for the allowance of neon as an architectural feature shall be made to the Planning Commission as an architectural specialty lighting package in accordance with Subsection (C).

Times Of Operation.

Exterior lighting for security purposes may be on from dusk to dawn.

Non-security lighting, other than that used for special and infrequent occasions, shall not be on past approved hours of operation, if any, or 11:00 p.m., whichever is later.

Airport Lighting.

Airport lighting which is required for the safe and efficient movement of aircraft during flight, take off, landing, loading, unloading, servicing areas and taxiing is exempt from the provisions of this UDC. All other outdoor lighting at airports shall comply with this UDC.

Strobe lights on communication towers and other hazards to aerial navigation, required by the Federal Aviation Administration (FAA) during the daytime and permitted but not required at night, may not be used at night. Other lights used at night on such structures shall not be brighter than the minimum required by the FAA.

Exemptions.

"Grandfathered" Existing Fixtures. All other outdoor light fixtures lawfully installed prior to and operable on the effective date of this UDC are exempt from all requirements of it unless:

It involves removing or replacing existing light fixtures with light fixtures that will increase the foot-candle level above the originally approved level or changes the shielding of the fixture from what was originally approved; or

Fossil fuel light is used.

Fixture Design Exemptions. The Planning Commission may approve decorative light fixtures as an alternative to shielded fixtures when it can be proven that there will be no off-site glare light trespass in excess of 0.5 foot-candle and the proposed fixtures will improve the appearance of the site.

Lamp Or Fixture Substitution. Should any outdoor light fixture, or the type of light source be subject to a lighting plan required by this UDC, be changed after zoning authorization or the issuance of a permit, a change request must be submitted to the City of Chesterfield for approval, together with adequate information to assure compliance with this UDC. Such submittals and approval must be received prior to substitution.

Temporary Exemptions. Lighting that is required for a lawful use, where compliance with this UDC would substantially impair its use, shall be considered for a temporary exemption by the Planning Commission.

Any person may submit a written request to the Director of Planning for consideration of a temporary exemption. Temporary exemption requests shall contain:

(1)

Specific exemption or exemptions requested.

(2)

Type and use of outdoor light fixture involved.

(3)

Duration of time for the requested exemption.

(4)

Type of lamp and calculated lumens.

(5)

Total wattage of lamp or lamps.

(6)

Proposed location on premises of the outdoor light fixtures.

(7)

Previous temporary exemption, if any.

(8)

Physical size of outdoor light fixtures and type of shielding provided.

(9)

Such other data and information as may be required by the Director of Planning.

Approval Duration. If approved, temporary exemptions shall not be valid for longer than thirty (30) days from the date of issuance. Approvals may be renewable upon the discretion of the Director of Planning and each such renewal shall not be valid for more than thirty (30) days.

Appeal. Decisions of the Director of Planning regarding the application of this Section of the UDC may be appealed to the Board of Adjustment in accordance with applicable procedures as established by the Board of Adjustment.

Penalty For Violation. This Section of the UDC and the requirements thereof are exempt from the warning and summons for violation set out in Article 08 of the UDC.

Section 405.04.040 Off-Street Parking, Stacking And Loading Space Requirements.

[CC 1990 § 31-04-04; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]

Purpose.

The regulations contained in this Section shall govern the number, size, design and location of all off-street parking, stacking, and loading spaces in the City of Chesterfield.

Every use, including a change or expansion of a use or structure, shall have appropriately maintained off-street parking and loading spaces or areas in compliance with the regulations identified in this Article. The purpose of this Section of the UDC is to:

Alleviate or prevent traffic congestion and shortages of parking spaces while not over-parking sites;

Ensure that adequate off-street parking and loading facilities are provided for new land uses in proportion to the need for the facilities created by each use and in compliance with any applicable design guidelines;

Ensure that off-street parking and loading facilities are designed in a manner that will ensure efficiency, protect the public safety, and promote sustainability practices.

Applicability.

All buildings or structures which are erected or have a change in square footage, and all uses of land established or changed after the adoption of this UDC shall comply with all the requirements herein.

The provisions of this Section of this UDC shall not apply to any existing building or structure except where there is a change of use or change to building square footage.

Minimum Design Criteria. Except as otherwise provided for in this Section, the requirements for off-street parking, stacking, and loading spaces shall meet the minimum dimensions and design criteria of the City of Chesterfield.

Off-Street Parking Requirements.

Fractions. When determination of the number of off-street parking spaces required by this Section results in a fraction of a space, the resulting fraction may be disregarded.

Bench Length. When a minimum parking requirement is calculated using seats, twenty-four (24) inches of bench length shall be equal to one (1) seat.

Commercial Vehicles. In addition to the requirements of this Section, one (1) off-street parking space shall be required for each commercial vehicle which is directly associated with uses, and which is parked on the premises during normal business hours. Required loading spaces may be credited as part of the total space needed for commercial vehicles.

Final Determination. Where no minimum requirement is specified, or when one (1) or more of the parking requirements may be construed as applicable to the same use, lot or building, or where any other calculation clarification is required, the final determination of required parking shall be made by the Director of Planning.

Construction parking shall not be permitted on public maintained roadways. Adequate stabilized parking area(s) shall be provided for construction employees.

Uses in all zoning districts shall comply with the minimum requirements listed by use category in tables of the following:

Use Category	Code Section
Commercial uses	Section 405.04.040(D)(7)
Institutional uses	Section 405.04.040(D)(8)
Cultural, entertainment, and recreation uses	Section 405.04.040(D)(9)
Industrial uses	Section 405.04.040(D)(10)
Residential uses	Section 405.04.040(D)(11)
Retail centers	Section 405.04.040(D)(12)

Minimum Parking And Loading Requirements For Commercial Uses.

Use	Minimum Parking Required	Maximum Parking Requirement	Minimum Loading Requirement [see Section 405.04.040(E)]
Adult bookstore	4.0/1,000 GFA	120% of minimum parking required	Table B
Adult entertainment business or establishment	5.0/1,000 GFA	120% of minimum parking required	Table B
Adult entertainment facility		120% of minimum parking required	Table B
Adult motion-picture theater	1 space for every 3 seats	1 space for every 2 seats	Table B
Airports, heliports, and landing strips	2 spaces for every 3 employees on the maximum shift, plus 5 spaces for every 1,000 square feet of lobby area	n/a	Table A
Animal grooming service	4.0/1,000 GFA	120% of minimum parking required	None
Automobile dealership	3.0/1,000 GFA	120% of minimum parking required	Table A
Automotive detailing shop	3.3/1,000 GFA	120% of minimum parking required	None
Automotive retail supply	3.0/1,000 GFA	120% of minimum parking required	Table B
Bakery	3.3/1,000 GFA	120% of minimum parking required	None
Bar	12.0/1,000 GFA	120% of minimum parking required	None
Barber- or beauty shop	5.0/1,000 GFA	120% of minimum parking required	None
Bathhouse	4.0/1,000 GFA	120% of minimum parking required	None
Boat (and marine supply) storage, charter, repair, sale	1.0/1,000 GFA	120% of minimum parking required	None
Brewpub	12.0/1,000 GFA	120% of minimum parking required	None
Broadcasting studio	3.3/1,000 GFA	120% of minimum parking required	None
Car wash, full-service	2 spaces for every 3 employees on the maximum shift	1.2 spaces for every employee on the max. shift	None
Cemetery	1 space per 4 seats in the chapel or assembly area	1 space per 3 seats in the chapel or assembly area	None
Check-cashing facility	4.0/1,000 GFA	120% of minimum parking required	None
Church and other place of worship	1 space for every 4 seats in the largest assembly area	1 space per 3 seats in the chapel or assembly area	None
Coffee shop	5.0/1,000 GFA	120% of minimum parking required	Table B
Commercial service facility	4.5/1,000 GFA	120% of minimum parking required	Table B
Drugstore and pharmacy	4.0/1,000 GFA	120% of minimum parking required	Table B
Dry-cleaning establishment	3.3/1,000 GFA	120% of minimum parking required	Table A
Filling station and convenience store with pump stations	4.5/1,000 GFA	120% of minimum parking required	None
Film dropoff and pickup station	5.0/1,000 GFA	120% of minimum parking required	None
Financial institution	3.3/1,000 GFA	120% of minimum parking required	None
Grocery, community	4.0/1,000 GFA	120% of minimum parking required	Table B
Grocery, neighborhood	3.3/1,000 GFA	120% of minimum parking required	Table A
Grocery, supercenter	4.5/1,000 GFA	120% of minimum parking required	Table B
Harbor, marina, and dock for waterborne vehicles	1 space for every berth	2 spaces for every berth	None
Hotel and motel	1.2 parking spaces for each unit. If there are other accessory uses provided therein, additional off-street parking shall be provided for those accessory uses at the rate of 40% of the requirements for such uses.	120% of minimum parking required	Table B
Hotel and motel, extended stay	1.2 parking spaces for each unit. If there are other accessory uses provided therein, additional off-street parking shall be provided for those accessory uses at the rate of 40% of the requirements for such uses.	120% of minimum parking required	Table B
Kennel, boarding	2.5/1,000 GFA	120% of minimum parking required	None
Kennel, private	2.5/1,000 GFA	120% of minimum parking required	None
Laboratory	2.5/1,000 GFA	120% of minimum parking required	Table B
Laboratory, professional/scientific	2.5/1,000 GFA	120% of minimum parking required	Table B
Laundromat	4.0/1,000 GFA	120% of minimum parking required	None
Massage parlor	5.0/1,000 GFA	120% of minimum parking required	None
Modeling studio	5.0/1,000 GFA	120% of minimum parking required	None
Mortuary	5.0/1,000 GFA	120% of minimum parking required	None
Newspaper stand	4.0/1,000 GFA	120% of minimum parking required	Table B
Office, dental	4.0/1,000 GFA	5.0/1,000 GFA	Table B
Office, general	3.3/1,000 GFA	4.5/1,000 GFA	Table B
Office, medical	4.0/1,000 GFA	5.0/1,000 GFA	Table B
Oil change facility	4.0/1,000 GFA	120% of minimum parking required	None
Pawnshop	3.3/1,000 GFA	120% of minimum parking required	None
Professional and technical service facility	3.3/1,000 GFA	120% of minimum parking required	None
Reading room	3.0/1,000 GFA	120% of minimum parking required	None
Research facility	3.0/1,000 GFA	120% of minimum parking required	Table B
Restaurant, fast-food	15.0/1,000 GFA	120% of minimum parking required	None
Restaurant, sit-down	12.0/1,000 GFA	120% of minimum parking required	None
Retail sales establishment, community	4.5/1,000 GFA	120% of minimum parking required	Table B
Retail sales establishment, neighborhood	4.0/1,000 GFA	120% of minimum parking required	Table B
Retail sales establishment, regional	5.0/1,000 GFA	120% of minimum parking required	Table B
Riding stable	1 space for every 3 stalls and 1 space per 3,000 SF of riding arena	120% of minimum parking required	None
Sales yard operated by a church, school, or other not-for-profit organization	3.3/1,000 GFA	120% of minimum parking required	None
Self-storage facility	1.0/1,000 GFA	120% of minimum parking required	None
Shooting range, indoor	1 space per range position	120% of minimum parking required	None
Shooting range, outdoor	1 space per range position	120% of minimum parking required	None
Specified sexual activities	5.0/1,000 GFA	120% of minimum parking required	None
Tackle and bait shop	3.3/1,000 GFA	120% of minimum parking required	None
Tattoo parlor/body piercing studio	3.3/1,000 GFA	120% of minimum parking required	None
Vehicle repair and services facility	2 spaces per service bay	3 spaces per service bay	None
Veterinary clinic	3.3/1,000 GFA	120% of minimum parking required	None

Minimum parking and loading requirements for institutional uses.

Use	Minimum Parking Required	Maximum Parking Requirement	Minimum Loading Requirement [see Sec. 31-04-04(E)]
Day-care center	3.0/1,000 GFA	4.0/1,000 GFA	None
Education facility, specialized private schools	1.5 spaces per classroom, and 1 space per 4 students of driving age based on the maximum student capacity	None	None
Education facility, vocational school	1.5 spaces per classroom, and 1 space per 4 students of driving age based on the maximum student capacity	None	None
Education facility, vocational school, outdoor training	1.5 spaces per classroom, and 1 space per 4 students of driving age based on the maximum student capacity	None	None
Educational facility, primary/secondary	1.5 spaces per classroom, and 1 space per 4 students of driving age based on the maximum student capacity	None	None
Educational facility, college/university	1 space per 4 students of driving age based on the maximum student capacity	None	None
Educational facility, kindergarten or nursery school	2 spaces per classroom	None	None
Hospice	1.0/1,000 GFA	1.5/1,000 GFA	None
Hospital	1 space per bed for the first 100 beds; 1 space per 2 beds for the next 100 beds; 1 space per 4 beds thereafter	None	Table B
Nursing home	1 space for every 3 beds	None	Table B
Postal stations	3.0/1,000 GFA	None	None
Public building facilities owned or leased by the City of Chesterfield	3.3/1,000 GFA	None	None
Public safety facility	3.0/1,000 GFA	None	None
Substance abuse facility, outpatient	5.0/1,000 GFA	None	None
Substance abuse facility, inpatient	1 space for every 3 beds	None	None

Minimum parking and loading requirements for cultural, entertainment, and recreation uses.

Use	Minimum Parking Required	Maximum Parking Requirement	Minimum Loading Requirement [see Sec. 31-04-04(E)]
Amusement park	1% of total land area	None	None
Arena and stadium	1 space for every 4 seats	None	Table A
Art gallery	2.0/1,000 gross floor area (GFA)	None	Table B
Art studio	1 space for every 4 seats	None	None
Auditorium	1 space for every 4 seats	1 space for every 3 seats	Table B
Athletic fields	20 spaces for every diamond or athletic field, or 1 space for every 4 seats, whichever is greater (one seat is equal to 2 feet of bench length)	None	None
Botanical garden	2.0/1,000 GFA	None	None
Bowling center	4.0 spaces per alley	5.0 spaces per alley	None
Club	5.0/1,000 GFA	6.0/1,000 GFA	Table B
Community center	3.3/1,000 GFA	None	None
Fairground	1% of total land area	None	None
Farmers' market	3.3/1,000 GFA	None	None
Golf course	4 spaces per hole	None	None
Gymnasium	1 space for every 4 seats	1 space for every 3 seats	None
Library	2.0/1,000 GFA	None	Table B
Museum	2.0/1,000 GFA	None	Table B
Park	1% of total land area	None	None
Recreation facility	3.3/1,000 GFA	4.5/1,000 GFA	None
Theater, indoor	1 space for every 4 seats	1 space for every 2 seats	Table B
Theater, outdoor	1 space for every 4 seats	1 space for every 2 seats	None
Union halls and hiring halls	1 space for every 4 seats	1 space for every 2 seats	Table B
Zoological garden	1% of total land area	None	None

10.

Minimum parking and loading requirements for industrial uses.

Use	Minimum Parking Required	Maximum Parking Requirement	Minimum Loading Requirement [see Sec. 31-04-04(E)]
Batching plant	2.5/1,000 gross floor area (GFA)	3.0/1,000 GFA	Table A
Blacksmith shop	2 spaces for every 3 employees on the maximum shift	1.2 spaces for every employee on the maximum shift	Table A
Brewery	0.75/1,000 GFA	1.25/1,000 GFA	Table A
Correctional institution	1 space for every 5 beds	None	None
Dry-cleaning plant	2.0/1,000 GFA	2.5/1,000 GFA	Table A
Extraction/processing of raw materials	2 spaces for every 3 employees on the maximum shift	1.2 spaces for every employee on the maximum shift	None
Film processing plant	2.0/1,000 GFA	2.5/1,000 GFA	Table A
Highway Department garage	2.0/1,000 GFA	2.5/1,000 GFA	None
Incinerator	2.0/1,000 GFA	2.5/1,000 GFA	Table A
Industrial sales, service, and storage	2.0/1,000 GFA	2.5/1,000 GFA	Table A
Junk/salvage yard	2.0/1,000 GFA	2.5/1,000 GFA	None
Lumberyard	2 spaces for every 3 employees on the maximum shift	1.2 spaces for every employee on the maximum shift	Table A
Mail order sale warehouse	2 spaces for every 3 employees on the maximum shift	1.2 spaces for every employee on the maximum shift	Table A
Manufacturing, fabrication, assembly, processing, or packaging facility	2 spaces for every 3 employees on the maximum shift	1.2 spaces for every employee on the maximum shift	Table A
Meat packing facility	1.0/1,000 GFA	1.5/1,000 GFA	Table A
Plumbing, electrical, air conditioning, and heating equipment sales, warehousing and repair facility	3.3/1,000 GFA	4.0/1,000 GFA	Table A
Railroad switching yard	0.5/1,000 GFA	None	None
Sanitary landfill	2 spaces for every 3 employees on the maximum shift	1.2 spaces for every employee on the maximum shift	None
Sheet metal shop	2.0/1,000 GFA	2.5/1,000 GFA	Table A
Solid waste, compost facility	2.0/1,000 GFA	None	None
Solid waste, facility	2.0/1,000 GFA	None	None
Solid waste, transfer facility	2.0/1,000 GFA	None	None
Steel mill, foundry, and smelter	2.0/1,000 GFA	2.5/1,000 GFA	Table A
Storage and repair garage for public mass transit vehicles	2.0/1,000 GFA	None	None
Sulfur, cement, or rubber reclamation plants	2.0/1,000 GFA	2.5/1,000 GFA	Table A
Tow yard	2.0/1,000 GFA	2.5/1,000 GFA	None
Transit storage yard	2.0/1,000 GFA	None	None
Trucks, trailers, construction equipment, agricultural equipment sales, rental, leasing, outdoor storage	2.0/1,000 GFA	2.5/1,000 GFA	Table A
Warehouse, general	2 spaces for every 3 employees on the maximum shift	1.2 spaces for every employee on the maximum shift	Table A
Warehouse, live animals, explosives, or flammable gases and liquids	2 spaces for every 3 employees on the maximum shift	1.2 spaces for every employee on the maximum shift	Table A
Welding shop	2 spaces for every 3 employees on the maximum shift	1.2 spaces for every employee on the maximum shift	Table A
Yard for storage of contractors' equipment, materials, and supplies	2 spaces for every 3 employees on the maximum shift	1.2 spaces for every employee on the maximum shift	None

11.

Minimum parking and loading requirements for residential uses.

Use	Minimum Parking Required	Maximum Parking Requirement	Minimum Loading Requirement [see Sec. 31-04-04(E)]
Display homes	2 spaces for every display home unit and 1 space for every office unit	None	None
Group residential facility	1 space for every 2 units	None	None
Dwelling, employee	1 space per unit	None	None
Dwellings, multiple-family	1.75 spaces for every living unit	None	None
Dwellings, single-family (including single-family earth sheltered)	2 spaces for every dwelling	None	None
Dwellings, two-family	1.75 spaces for every living unit	None	None
Group homes	1 space for each such use	None	None

12.

"Retail center" is defined as a mixed use development that is owned and managed as a unit where one (1) or more non-restaurant uses exist.

Minimum parking for retail centers shall be calculated based on the following:

Center Size (gross floor area in square feet)	Percentage Gross Floor Area in Restaurant Use
Center Size (gross floor area in square feet)	0%-10% (spaces per 1,000 GFA)	11%-20% (spaces per 1,000 GFA)	21%-30% (spaces per 1,000 GFA)
Under 40,000	4.0	4.25	4.5
40,000 to 100,000	4.25	4.5	4.75
100,001 to 400,000	4.5	4.75	5.0
Over 400,000	4.75	5.0	5.25

(1)

For retail centers that include a theater use with more than two hundred fifty (250) seats, the minimum parking requirement for the theater portion of the development shall be parked as a stand-alone use.

(2)

For retail centers with more than thirty percent (30%) gross floor area devoted to restaurant use, separate parking shall be provided for the portion of restaurant use in excess of thirty percent (30%).

Maximum Parking Permitted. Retail centers shall not contain more than one hundred twenty percent (120%) of the minimum number of spaces required, except as permitted under Section 405.04.040(I) of this Article.

Minimum Loading Requirements For Retail Centers. Retail centers shall provide loading spaces in accordance with Table A in Section 405.04.040(E), Minimum Loading Requirements.

Minimum Loading Requirements. When required in conjunction with uses specified elsewhere in this Section, loading spaces shall be provided in accordance with the following tables:

Table A
Gross Floor Area (square feet)	Number of Minimum 10-Foot-By-40-Foot Loading Spaces¹
5,000 to 25,000	1
25,001 to 50,000	2
50,001 to 100,000	3
100,001 to 150,000	4
150,001 to 200,000	5
For each additional 100,000	1 additional

NOTE:
¹	Each 10-foot-by-40-foot loading space shall have a height clear of obstruction of not less than 14 feet.

Table B
Gross Floor Area (square feet)	Number of Loading Spaces
Gross Floor Area (square feet)	10 Feet By 25 Feet Minimum	10 Feet By 40 Feet Minimum¹
2,000 to 10,000	1	—
10,001 to 25,000	2	—
25,001 to 100,000	2	1
For each additional 100,000	—	1 additional

NOTE:
¹	Each 10-foot-by-40-foot loading space shall have a height clear of obstruction of not less than 14 feet.

The Director of Planning shall determine the off-street loading space requirements for a use not specified, based upon the most similar use listed in the preceding minimum parking requirements tables or using certified service/goods handling data for the specific use.

In calculating the required number of loading spaces, fractional spaces are rounded to the nearest whole number, with one-half (1/2) counted as an additional space.

Schedule Of Off-Street Drive-Through Stacking Requirements. Off-street drive-through stacking spaces shall be provided, at a minimum, in accordance with the following schedule and shall not interfere with vehicular or pedestrian circulation, or parking on the site. Where stacking space is provided in a single stacking lane, the stacking requirement shall be calculated as the sum of the requirement for each feature that requires stacking.

Car Wash.

Full service: one (1) space at each vacuum or wash station, plus four (4) additional stacking spaces for each wash bay lane.

Self-service (drive-through/automated): one (1) space in the wash bay, plus three (3) additional stacking spaces for each wash bay lane.

Self-service (open bay): one (1) space per vacuum or wash bay, plus two (2) additional stacking spaces for each wash bay lane.

Vehicle Drying Area.

Full service: two (2) spaces per wash bay, located at the exit of the wash bay.

Self-service: one (1) space per wash bay.

Financial Institution.

One (1) space at each drive-up service lane, plus five (5) additional stacking spaces for each service lane where there are two (2) or fewer service lanes.

One (1) space at each drive-up service lane, plus four (4) additional stacking spaces for each service lane when there are three (3) or more service lanes.

Drive-up automated teller machine (ATM): one (1) space at each ATM, plus two (2) additional stacking spaces for each ATM.

Oil change facility: one (1) space in the service bay, plus two (2) additional stacking spaces for each service bay.

Retail uses with drive-up facilities: one (1) space for each drive-up service lane, plus two (2) additional stacking spaces for each service lane.

Restaurant with drive-up facilities: one (1) space for each drive-up service lane, plus seven (7) additional stacking spaces for each service lane.

Joint Parking. All parking spaces required by this UDC shall be located on the same parcel of land as the use to be served except as follows:

Parking for one (1) or more uses in a commercial or industrial district may be provided on a separate lot when said separate lot is within a similar zoning district type and within four hundred (400) feet of the use or uses to be served, as measured along a pedestrian walkway designed to allow pedestrians to safely access the use.

When two (2) or more owners agree to provide their required parking spaces jointly, the number of joint parking spaces shall be equal to the number of parking spaces required if each were to provide parking separately, unless otherwise stated in this Section.

The applicants for joint parking shall submit a joint parking plan and an appropriate legal instrument of agreement among the involved property owners for review by the Director of Planning.

Such joint parking plan and agreement shall include language binding the owners of the properties and their successors and assigns to the agreement and limiting and controlling use of land to those uses and conditions accepted by the Director of Planning and agreed to by the owners of the properties involved.

If the joint parking plan and agreement are found to conform to the requirements of applicable codes, laws, and ordinances, they shall be stamped accepted by the City of Chesterfield and returned to the applicant. The applicant shall record these accepted documents with the County Recorder of Deeds. Recorded copies of the accepted documents shall be provided to the City of Chesterfield prior to release of municipal zoning approvals (MZAs) associated with the joint parking plan and agreement.

Deferral Of Parking Construction. An applicant may request to defer the construction of the number of required parking spaces during the site plan, site development concept plan, site development section plan, or site development plan review process. A parking deferral means that some of the required parking spaces would not be provided until full build-out occurs, but that an area on the site would be reserved so that these spaces could be provided in the future upon demand or request by the City. Said demand would be made if the spaces were needed to meet the parking needs of the project.

Criteria For Parking Deferral. The Director of Planning may grant a deferral for construction of up to fifty percent (50%) of the off-street parking spaces required by this Section in an industrial district; thirty percent (30%) in a commercial district and any other district if an applicant demonstrates:

Trip generation characteristics and time of day usage characteristics for similar uses show that the parking spaces can be reduced without causing parking to overlap into other nearby developments or onto public streets.

Vehicles owned by the occupants are characteristically different from the norm, or the proximity to employment, shopping, educational and transit developments is such that reduced auto usage would be anticipated.

The immediate proximity to public transportation facilities serves a significant proportion of residents, employees, and/or customers.

Operation of effective private or company car pool, van pool, bus or similar transportation programs with proof of continued financial viability.

Evidence that a proportion of residents, employees, and/or customers utilize, have available or on a regular basis use bicycle or other transportation alternative commensurate with reduced parking requirements.

Development will be in phases so that deferring the parking will have green space until further build-out. The site must meet all parking requirements based upon square footage actually built.

Application. Applicants for deferral of parking shall provide a written statement which addresses how the proposal meets the applicable criteria. The application shall include a site plan depicting the total required parking on-site, and the deferred parking area shall be labeled as reserved for future parking.

Landscaping. The land area delineated for deferred parking shall be shown on the plan with proposed finish grades and landscaping. Landscaping for the deferred parking area shall be as approved by the Director of Planning with the remainder of the site landscaped per City of Chesterfield Landscape Guidelines for the appropriate district. All landscaping shall be indicated on the plan submitted.

Notice Of Change Of Condition. The owner of the property, or his/her designated party, shall notify the City of any change in the conditions that were the basis for a deferral.

Construction Of Deferred Parking Areas. The City may require the construction of parking in areas previously reserved at any time upon sixty (60) days' written notice. A parking deferral shall apply to the developer and all subsequent owners of said property and shall run with the land and be shown on all recorded plats. The plat shall state that the developer/owner and all subsequent owners grant the City, or its designated representative, authority to enter onto its property in the future to construct the deferred parking in the areas shown on the approved site plan if owners fail to take action sixty (60) days after receiving written notice by the City. The costs incurred by the City shall be repaid by the owners or shall be placed as a special lien against the property. Development and construction by the City shall not be in lieu of a municipal zoning ordinance violation, but shall be in addition to any action taken for violation of provisions of this Section of the UDC.

Modification Of Standards.

In order to ensure that adequate, but not excessive, parking is provided for a site, to promote environmental initiatives, and to support alternative modes of transportation, flexibility in parking through a modification to the requirements found herein may be requested.

An applicant may request a modification of the requirements of this Section of the UDC by providing a parking demand study, as defined below, that supports the request and demonstrates by clear and convincing evidence that the requested modifications are appropriate for the site and do not cause detriment to adjacent properties.

Applicability. A parking demand study is required when an applicant:

(1)

Requests a reduction in the minimum parking requirements.

(2)

Requests to exceed the maximum parking requirements.

(3)

Requests any other modification to the standards of this Section.

Elements Of A Parking Demand Study. The parking demand study shall contain the following information as determined by the City of Chesterfield:

(1)

The study shall be signed by a licensed professional engineer or certified planner.

(2)

A plan which graphically depicts where the parking spaces, loading spaces, stacking area, and parking structures are to be located, as well as the on-site circulation for automobile, pedestrian, and bicycle movement.

(3)

A report which demonstrates how any variations from this Section were calculated and upon what assumptions such calculations were based; and how everything shown on the plan complies with, or varies from, applicable standards and procedures of the City.

(4)

The plan shall show all entrances and exits for any structured parking and the relationship between parking lots or structures and the circulation.

(5)

The plan, supported by the report, shall show the use, number, location, and typical dimensions of parking for various vehicle types, including passenger vehicles, trucks, vehicles for mobility-impaired persons, motorcycles, buses, other transit vehicles and bicycles.

(6)

The plan, supported by the report, shall include phasing plans for the construction of parking facilities and any interim facilities planned.

(7)

Whenever the applicant requests to reduce the number of required parking spaces, or to exceed the maximum parking provided for in this Section, the required report shall document how the proposed parking was calculated and upon what assumptions such calculations were based.

(8)

Such other information as determined by the Department to be necessary to process the parking demand study.

Design Features And Review Criteria. Design features and review criteria, including, but not limited to, those listed below, will be reviewed when in conjunction with requests for modification to any of the requirements of this Section.

(1)

The parking demand study provides sufficient number and types of spaces to serve the uses identified on the site.

(2)

Adequate provisions are made for the safety of all parking facility users, including motorists, bicyclists and pedestrians.

(3)

Sites are designed to minimize or alleviate traffic problems.

(4)

Parking spaces are located near the uses they are intended to serve and shall provide safe and convenient access for pedestrian access to the facility.

(5)

Adequate on-site parking is provided during each phase of development of the district.

(6)

The development provides opportunities for shared parking or for other reductions in trip generation through the adoption of transportation demand management (TDM) techniques to reduce trip generation, such as car pools, van pools, bicycles, employer transit subsidies, compressed work hours, and high-occupancy vehicle (HOV) parking preference.

(7)

Reductions in the number of parking spaces should be related to significant factors such as, but not limited to:

(a)

Shared parking opportunities;

(b)

Hours of operation;

(c)

The availability and incorporation of transit services and facilities;

(d)

Opportunities for reduced trip generation through pedestrian circulation between mixed uses;

(e)

Off-site traffic mitigation measures;

(f)

Recognized variations in standards due to the scale of the facilities;

(g)

Parking demand for a specified use; and

(h)

The provisions of accessible parking spaces beyond those required per the UDC.

Approval. Requests for modifications will be considered by the Director of Planning and may be approved if the requested modifications are appropriate to the site and do not cause detriment to the adjacent properties. If said request for modifications is approved, the property owner(s) involved in the parking demand study shall submit a written agreement to the City of Chesterfield requiring that the parking facility and any associated transportation demand management (TDM) techniques shall be maintained without alteration unless such alteration is authorized by the Director of Planning. Such written agreement shall be approved by the City of Chesterfield and recorded by the property owner with the St. Louis County Recorder's Office prior to the issuance of a building permit, and a copy filed in the project review file.

(1)

Review procedure. Requests for a reduction in the minimum parking requirement:

(a)

The Director of Planning shall review and may approve requests for reduction for up to twenty percent (20%) of the minimum parking requirement.

(b)

Requests that exceed twenty percent (20%) shall be subject to the review and approval of the Planning Commission.

(c)

Requests to exceed the maximum parking requirement by twenty percent (20%) shall be subject to the review and approval of the Director of Planning.

(d)

Requests to exceed the maximum parking requirement by more than twenty percent (20%) shall be subject to the review and approval of the Planning Commission. Where Planning Commission approval is required for the proposed parking, the applicant shall submit a statement that identifies measures to mitigate for the increase in parking area. Mitigation measures shall be subject to the review and approval of the Planning Commission and may include, but not be limited to, the following:

[1]

Increased open space;

[2]

Pervious pavements;

[3]

Green roofs;

[4]

Cool pavement materials;

[5]

Structured parking; or

[6]

Native vegetation.

(e)

Review of other modifications. Requests for modifications to the requirements of this Section, other than those listed above, shall be submitted to the Department for review and approval.

Previously Approved Reductions. Developments with parking reductions approved by the City of Chesterfield prior to the enactment of this Section of this UDC shall be required to provide parking in accordance with the minimum parking requirements at the time the reduction was granted. Any property owner with a previously approved parking reduction wishing to apply "minimum parking for retail centers" may do so in lieu of utilizing the previously approved parking reduction. No property shall be permitted to utilize a parking reduction and the parking for retail centers option concurrently.

Supplementary Off-Street Parking And Loading Requirements. In addition to the above parking and loading requirements, the following standards shall apply:

In all zoning districts, all parking and loading areas, including driveways, shall be paved, except in the FP, PS, NU, AG, LLR, E-1, E-2 and R-1 Districts, where the City of Chesterfield may approve an alternate dustproofing method.

All areas for off-street parking and loading in the C-2, C-3, C-4, and C-7 Districts shall be so arranged that vehicles at no time shall be required to back into any street or roadway to gain access thereto.

For all non-residential uses, off-street parking and loading shall be so designed such that a single unit vehicle shall not be required to back into a vacant parking space or into a street or roadway in order to turn around or exit.

An area used for off-street parking spaces for five (5) or more vehicles, when located in any PS Park and Scenic, NU Non-Urban, AG Agricultural or residential district, shall not be closer to an adjoining PS Park and Scenic, NU Non-Urban or residential district than ten (10) feet. Said parking setbacks shall be effectively screened. Such screening shall consist of a sightproof fence or wall, and such screening shall be not less than five (5) feet in height above the surface elevation of the parking area, except where sight distance regulations at street intersections require other arrangements. When requested by the property owner, the Department may approve the use of topographic features, landscaping, or a combination of fences, walls, topographic features or landscaping in lieu of fences or walls, where such alternates will achieve a comparable effect. The limitations of this Subsection may be modified in a development plan when authorized under a planned district procedure.

In a C Commercial or M Industrial District, no unenclosed parking or loading space or internal drive, except for ingress and egress drives, shall be closer to the street right-of-way than fifteen (15) feet. The area within fifteen (15) feet of the street right-of-way shall be landscaped as approved by the Department, and such landscaping shall be adequately maintained. The limitations of this Subsection may be modified in a development plan when authorized under a planned district procedure.

In a C Commercial or M Industrial District, no unenclosed parking or loading space or internal drive shall be closer than ten (10) feet to any adjoining PS Park and Scenic, AG Agricultural, NU Non-Urban or residential district. Said parking setbacks shall be effectively screened. Such screening shall consist of a sightproof fence or wall, and such screening shall be not less than five (5) feet in height above the surface elevation of the parking area, except where sight distance regulations at streets require other arrangements. When requested by the property owner, the Department may approve the use of topographic features, landscaping, or a combination of fences, walls, topographic features or landscaping in lieu of fences or walls, where such alternates will achieve a comparable effect. Except for the screening provisions, the limitations of this Subsection may be modified in a development plan when authorized under a planned district procedure.

Required off-street parking, stacking and loading spaces shall not include spaces located in the floodplain or floodway, as determined by the City of Chesterfield, except when accessory to a permitted or conditional use in the FP Floodplain Overlay District.

All parking spaces required by this UDC shall be located on the same parcel of land as the use to be served except:

Parking for one (1) or more uses in a commercial or industrial district may be provided on a separate lot from the use or uses to be served when said separate lot is within a similar zoning district type and within three hundred (300) feet of the use or uses to be served, as measured along a pedestrian pathway. When two (2) or more uses combine to provide the required parking space jointly, the parking space so provided shall equal the total space required if each were to provide parking space separately. Joint or remote parking areas provided in accordance with this Subsection shall be comprised of a minimum of twenty (20) stalls except when provided in conjunction with uses in the C-1 Neighborhood Business District. Such parking must be approved by the Director of Planning. Subsequent to approval, said parking plan and an appropriate legal instrument of agreement among the owners of the various properties involved shall be recorded with the County Recorder of Deeds, with a copy to be filed with the City of Chesterfield. Such recorded plans and agreement shall be binding upon the owners of the properties involved and their successors and assigns and shall limit and control the use of land included in the plan to those uses and conditions approved by an officer designated by the City of Chesterfield and agreed to by the owners of the properties involved.

Off-street parking areas shall provide ingress and egress to any public right-of-way only at such locations as approved by the City of Chesterfield.

10.

No off-street parking space required under this UDC shall be used for any other purpose. Where a change in use creates greater parking requirements than the amount being provided, a municipal zoning approval (MZA) shall not be issued unless provision is made for the increased amount of required off-street parking.

11.

Where an addition is made to an existing use which does not comply with the parking requirements cited for such use, additional parking shall be provided in proportion to the addition.

12.

The number of parking spaces required to be provided for physically handicapped persons shall be as set forth in the building code[1] adopted by the City of Chesterfield City Council.

[1]

Editor's Note: See Ch. 500, Buildings And Building Regulations.

13.

Tandem parking shall count as one (1) space.

Section 405.04.050 Sign Requirements.

[CC 1990 § 31-04-05; Ord. No. 2801 § 3 (Exh. A), 6-16-2014; Ord. No. 3060, 8-19-2019; Ord. No. 3152, 8-30-2021; Ord. No. 3192, 4-19-2022]

Purpose.

The purpose of the sign regulations provided herein are to encourage excellence in design of signs, fostering economic viability of the community, and provide safe and concise directional information designed to facilitate traffic flow. Signs shall be designed so as to protect motorists, bicyclists, and pedestrians from distractions that may cause crashes or other detrimental impacts.

Signs shall not overload the public's capacity to receive information, or cause visual confusion by interfering with pedestrian or vehicular traffic. Signs shall conform to the character of the community, enhance the visual harmony of development, and preserve the public health, convenience, welfare and/or safety within the City of Chesterfield by maintaining the high aesthetic quality of the community.

The City does not intend to infringe on the rights of free speech as protected by the First Amendment to the United States Constitution and Article I, Section 8, of the Missouri Constitution. All regulations in this Article are to be construed, whenever possible, in favor of vigorous political debate and accommodation of the rights of residents and visitors to speak freely.

Scope Of Provisions.

These regulations are supplemented and qualified by the regulations of the particular zoning district in which a sign may be located and by additional general regulations appearing elsewhere in this UDC which are incorporated as part of this Section by reference. This Section contains regulations applicable to all signs in all zoning districts.

Regulations for any signs may be made more restrictive in the conditions of the ordinance governing a particular Planned District or Special Procedure. Regulations may also be modified when a sign package is submitted and approved by the City of Chesterfield.

On the effective date of this UDC, no sign, except a sign presently so lighted, shall be illuminated by intermittent light sources. This prohibition shall not apply to the manual changeable copy on a sign.

When sign illumination is desired, it shall be arranged so as to not cast light directly from any source of illumination on any public right-of-way or on adjoining properties in the "NU" Non-Urban, "PS" Park and Scenic, "AG" Agricultural or any residential district.

Permits And Municipal Zoning Approvals (MZAs) For Signs.

Unless excepted by these regulations or the City of Chesterfield Building Code, no sign shall be erected, constructed, posted, altered, enlarged, maintained, or relocated until an MZA has been issued by the Department and a sign permit issued by St. Louis County Department of Public Works. Before any MZA is issued, an application, provided by the Department, shall be filed, together with drawings and specifications as may be necessary to fully advise and acquaint the Department and St. Louis County Department of Public Works with the location, construction, materials, manner of illuminating, and securing or fastening, and the wording or delineation to be carried on the sign. All signs that are to be illuminated by one (1) or more sources of artificial light shall require a separate electrical permit and inspection conducted by St. Louis County Department of Public Works.

Structural and safety features and electrical systems shall be in accordance with the requirements of the City of Chesterfield Building Code or any applicable building codes being enforced by the City of Chesterfield. No sign shall be approved for use unless it has been inspected by the Department issuing the permit and is found to be in compliance with all the requirements of this UDC and applicable technical codes. Signs found to be in violation of the requirements of this UDC and/or applicable technical codes and which are determined to be a danger to public health and safety may, after fifteen (15) days of an inspection determining said violation and after notification to the property owner, be dismantled and removed by the City of Chesterfield. The expense for such action shall be charged to the owner of the property on which the sign is erected and shall be filed as a special lien thereon.

Planning Commission Approval. The proponent of a sign subject to Planning Commission approval as set out in subsequent Sections shall file with the Department, in addition to those document requirements specified in Section 405.05.050(C) of this Article, a written statement addressing the following information:

The underlying purpose of such a sign.

Why such a sign should exceed the maximum height and/or outline area specification for a particular sign in order to accomplish the underlying purpose as stated in item 405.05.050(C)(3)(a) above.

What the proponent of such a sign believes the adverse impact may be upon the underlying purpose of such a sign if the proponent is compelled to reduce the height and/or outline area of such a sign to within the maximum height and/or outline area specification for any one (1) sign and the factual basis supporting such belief.

The approximate distance the proposed sign will be from other existing or planned structures visible or planned to be visible within a radius of one thousand (1,000) feet from said sign, identifying such structures with sufficient particularity to enable the Planning Commission to determine whether there is a reasonable likelihood of an adverse public health, convenience, welfare and/or safety impact within the one thousand (1,000) foot radius area while maintaining the high aesthetic quality of said area.

What steps, if any, the proponent has taken to integrate the design with the surrounding environment in order to minimize the amount of visual clutter, and to avoid the distraction to pedestrians and motorists beyond that necessary to convey the underlying purpose of said sign.

If no steps (referred in Section 405.05.050(C)(3)(e) above) have been taken, provide information as to why such steps should not be required of the Applicant.

Any other information, such as length of frontage, special speed limit or topographic considerations, that the proponent deems pertinent to the approval of such a sign request.

Sign Package Submittals.

The purpose of a sign package is to provide comprehensive, complementary and unified signage throughout a single planned zoning district, development or contiguous lots under common ownership. If a sign package exists for a multi-lot development or subdivision, then individual lots within that subdivision or development may not submit their own, separate sign package. In addition, developments of a certain size, quality, or mix of uses may require special signage consideration. Therefore, in order to encourage superior design, quality and character, comprehensive sign packages allow for specialized review of signs and flexibility from standard signage requirements.

When a sign package is requested for a proposed or existing development, the criteria for signs, as provided for in this Article, may no longer be applicable in its entirety or portions thereof. The reason for the requested modification is to provide for flexible sign criteria that promotes superior design and is tailored to a specific development which may vary from general ordinance provisions.

Consideration of flexibility in sign criteria is based on a number of review factors, including, but not limited to, the physical impact of the proposed comprehensive sign package, the quality of the proposed comprehensive sign package, and mitigation of unfavorable conditions such as excessive signs, light spillover from signs, height, and other related conditions and potentially negative impacts.

When a sign package is requested for a development, the following shall be submitted to the Department:

A narrative detailing the reasoning for the sign package request and why it will enhance the proposed development above what would be permitted through the City of Chesterfield UDC.

The maximum number of proposed signs.

Location, size, height, construction material, and placement of all proposed signs.

General elevations of all proposed freestanding, monument, wall, and any other sign that requires City of Chesterfield approval.

Illumination level, color and type. Illumination shall conform to the Section 405.04.030, Lighting standards, of this Article.

Dimensions, height, square footage of all existing signs or note that none exist for both freestanding and attached signs (submit picture of all existing signage).

Material specifications for proposed signs including sign materials.

Landscaping of any freestanding or monument signs.

Electronic Message Centers.

In addition to submittal requirements noted in Subsection (D)(4), any request for an electronic message center shall comply with the following:

(1)

Distance. Electronic message centers that exceed the size requirements eligible for administrative approval per the Unified Development Code (UDC) for permanent freestanding signs shall not be permitted within two thousand (2,000) feet of any property with a land use designation that permits residential uses as determined by the Comprehensive Land Use Plan.

(2)

Distance. Electronic message centers that exceed the size requirements eligible for administrative approval per the Unified Development Code (UDC) for permanent freestanding signs shall not be permitted within one thousand (1,000) feet from the center point of two (2) intersecting arterial roadways as designated within the City of Chesterfield Street Classification Map.

(3)

Duration Of Image Display. Each image displayed shall have a minimum duration of thirty (30) minutes.

(4)

Presentation. The image shall be a static display. No portion of the image shall flash, scintillate, fade in or fade out, scroll, twirl, change color, or in any manner imitate movement. No motion imagery, special effect to imitate movement, or presentation of graphics displayed in a progression of frames that give the illusion of motion shall be permitted.

(5)

Transition. When the image or any portion thereof changes, the change sequence shall only be accomplished by means of instantaneous re-pixelization.

(6)

Dimmer Control. The electronic message center shall be equipped with an automatic dimmer control to automatically produce a distinct illumination change from a higher illumination level to a lower level according to ambient light conditions and for the time period between sundown and sunrise.

(7)

Brightness. The electronic message center shall not exceed a maximum of seven thousand (7,000) nits (candelas per square meter) during daylight hours and a maximum illumination of six hundred (600) nits (candelas per square meter) between sundown and sunrise measured from the sign's face at maximum brightness.

(8)

Fluctuating Or Flashing Illumination. No portion of the electronic message center may fluctuate in light intensity or use intermittent, strobe or moving light or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or that in any manner creates the illusion of movement.

(9)

Malfunction And Non-Compliance. In the case of malfunction, digitally-illuminated signs are required to contain a default design to freeze the sign message in one (1) position.

(10)

Resolution And Pixel Spacing. The electronic message center shall not have a pixel pitch larger than sixteen (16) millimeters (mm).

(11)

Angle. When the interior angle formed by the faces of a V-shaped sign is less than one hundred eighty degrees (180°), both faces of the sign must display the same image.

In considering a sign package that includes an electronic message center, the Planning Commission shall consider the following additional items in their review:

(1)

Proximity of the proposed electronic message center to other similar signs;

(2)

Proximity and impact on adjacent land uses with particular consideration given to residential properties and uses;

(3)

Impact of the total amount of signage on the site in conjunction with the use of the electronic message center;

(4)

Nature and character of the roadway on which the project is located;

(5)

Nature and character of the proposed use and area within which the project is located;

(6)

Size of the project and roadway frontage; and

(7)

Resolution of proposed sign accounting for size of sign, roadway characteristics, and other relevant features.

Any of the standards in Subsection (D)(5)(a) of this Section may be modified by a separate two-thirds (2/3) vote of the Planning Commission.

Sign packages including electronic message centers shall only apply to on-site signage. Advertising signs (billboards) are prohibited.

Planning Commission Action. The Planning Commission may approve, approve with modifications, or deny the proposed sign package based on its conformance with this Subsection, findings of the submittals furtherance of the purpose in Subsection (A) of this Section and consistency with the Comprehensive Plan.

Appeals. Appeals from any portion of this subsection, including the Planning Commission's decision on the electronic message center, shall be made to the City Council in accordance with the process and requirements in Section 405.02.190.

Sign Regulations — Area And Height Computations. The following regulations shall govern the computation of sign area and height computations:

Freestanding Sign — Outline Area.

The outline area of a freestanding sign shall include the area within a continuous perimeter of a plane enclosing the limits of writing, graphic representation, logo, or any figure or similar character together with the outer extremities of any frame, or other material or color forming an integral part of the display which is used as a background for this sign. The area of a freestanding sign of individually cut out writing, graphic representation, logo, or any figure or similar character which is not enclosed by framing, and which projects from a sign support or main body of a sign, is the sum of the areas of all of the triangles or parallelograms necessary to enclose each writing, graphic representation, logo, or any figure or similar character, including the space between individual letters comprising a word, and including the space between individual words.

The outline area of a freestanding sign shall not include the necessary supports for the sign when such supports do not extend above the sign and are not a part of the overall design of a sign. The outline area of a freestanding sign shall also not include the area between separate cabinets or modules of such sign or any pole covers, lighting fixtures, or landscaping provided they contain no commercial or non-commercial messaging.

Freestanding Signs — Height.

Except as may be specifically noted in these regulations, setbacks for all signs shall be governed by the minimum setback yard requirements in each particular zoning district.

Freestanding signs shall not exceed the maximum allowed height above the ground elevation. The ground elevation of freestanding signs shall be measured at the elevation of the adjacent street or the average existing finished ground elevation at the base of the sign, whichever is higher.

The height of all signs on corner lots shall not exceed three (3) feet above the elevation of the adjacent street pavement when located within the sight distance triangle.

Attached Wall Sign — Outline Area. The size of attached wall signs shall be measured in the following manner:

The outline area of an attached sign shall include all lettering, graphic representation, logo, design or any figures together with the background whether open or enclosed upon which they are displayed.

A sign consisting of individually cut out writing is measured as the total area of a rectangle or square enclosing all words. This includes any negative space.

Outline Area — Double-Faced Signs. Only one (1) side of a double-faced sign shall be included in the sign area. Double-faced signs shall include those signs where the sign face is parallel or where the interior angle formed by the faces of a V-shaped sign is sixty degrees (60°) or less. If the two (2) faces of a double-faced sign are of unequal area, the area of the sign shall be the area of the larger face.

Sign Area On Walls Of Circular Buildings And Other Buildings With Curved Wall Surfaces.

The area constituting a single wall of a circular building shall be designated by the owner on a portion of the wall, but shall be limited to be determined by multiplying three-fourths (3/4) of the diameter of an area of the building by the average height of the exterior walls of the building at the finished ground elevation of the building.

The area contained on a single wall of a non-circular building with continuous curved wall surfaces shall be designated by the owner on a portion of the wall but shall be limited to an area determined by multiplying three-fourths (3/4) of the average diameter of the building by the average height of the exterior walls of the building at the finished ground elevation of the building.

The area contained on any single curved wall of a building that is not totally circular or is not composed of a continuous curved wall surface shall be determined by multiplying the shortest distance between the two (2) ends of the arc forming the curved wall surface by the average height of the exterior walls of the curved wall surface at the finished ground elevation of that surface.

The horizontal length of any single wall of a building that is characterized by the multiple curved wall surfaces or other irregular wall surfaces shall be measured as a straight line extending between both edges of the wall.

Sign Regulations — Permanent Signs. The following provisions shall govern the erection of all permanent signs, together with their appurtenant and auxiliary devices with respect to size, number, height, location and construction.

General Provisions.

Permitted signs may either be a flat sign permanently affixed to the face of a building, awning or canopy or be freestanding. Incidental Signs affixed to buildings shall not project above the eave line of the roof except as an integral roof sign.

All freestanding signs shall be located as not to impair the visibility of any official highway sign or marker and no commercial or non-commercial sign shall be so placed as to unnecessarily obstruct the visibility of any other commercial or non-commercial sign.

Signs — Freestanding.

General. Subject to other provisions of this Section, each developed lot may have no more than one (1) freestanding business sign facing each roadway on which the lot has frontage regardless of the number of buildings upon the lot. Furthermore, each building regardless of the number of lots upon which it may be located, shall have no more than one (1) freestanding business sign facing each roadway on which its lot or lots has frontage. Permanent freestanding signs are prohibited on single-family lots and common ground, except for when approved as a Residential Subdivision Identification Sign. For the purpose of these regulations, an aggregation of two (2) or more structures connected by a wall, firewall, facade or other structural element, except for a sidewalk, shall constitute a single building.

The height of all permanent freestanding signs shall not exceed six (6) feet when located within the minimum front yard setback of a particular zoning district.

Specific Regulations And Exceptions.

(1)

A freestanding sign shall not exceed six (6) feet in height above the average existing finished grade at the base of the sign, or the elevation of the adjacent street, whichever is higher. The total outline area per face shall not exceed fifty (50) square feet or twenty-five one hundredths (0.25) square feet of signage per linear foot of street frontage up to one hundred (100) feet of street frontage and one-tenth (0.1) square foot of signage per linear foot of street frontage thereafter, whichever is less (see exceptions below).

(2)

Said sign face shall be attached to a proportionate enclosed base, integrated planter or structural frame, the width of which shall be a minimum of one-half (1/2) the width of the widest part of the sign face. The bottom of the sign face shall not exceed a height of three (3) feet above the average existing finished grade at the base of the sign, or elevation of the adjacent street, whichever is higher. An enclosed sign base or integrated planter shall not be required if the sign face is within one (1) foot of the average finish grade at the base of the sign.

Exceptions:

(a)

For each additional four-foot setback from the minimum yard requirement, one (1) additional foot may be added to the sign height to a maximum of ten (10) feet above the average existing finished grade at the base of the sign or elevation of the adjacent street, whichever is higher. However, at no time shall the bottom of the sign face exceed a height of three (3) feet above the average existing finished grade at the base of the sign or the elevation of the adjacent street, whichever is higher, or;

(b)

The maximum outline area and/or height of any freestanding business sign may be increased to a maximum of one hundred (100) square feet in outline area and/or twenty (20) feet in height above the average existing finished grade elevation at the base of the sign or elevation of the adjacent street, whichever is higher, with no height restriction for the bottom of the sign face subject to Planning Commission approval as outlined in Section 405.04.050(C) of this Article.

(3)

An individual lot having a minimum of eight hundred fifty (850) feet of frontage on any roadway, and a minimum size lot of twenty (20) acres or more, shall be allowed two (2) freestanding business signs on each roadway frontage exceeding seven hundred fifty (750) feet of frontage. However, a minimum of four hundred (400) feet shall separate the two (2) permitted signs.

In lieu of the two (2) permitted freestanding signs, one (1) freestanding business sign may be permitted, the maximum outline area of which may be increased to one hundred fifty (150) square feet, subject to Planning Commission approval as outlined in Section 405.04.050(C)(3) of this Article "Planning Commission Approval."

(4)

A single commercial, non-commercial or industrial development or subdivision without residential uses in excess of twenty (20) acres in size shall be permitted a project identification sign at each main entrance to the subdivision or development. Such sign may be located on any platted lot or common ground of a development or subdivision or any unplatted portion of the development or subdivision identified as part of a particular development on an approved preliminary plat, site development concept plan, site development section plan, or site development plan.

(5)

A project identification sign shall not exceed six (6) feet in height above the average existing finished grade at the base of the sign or elevation of the adjacent street, whichever is higher, with the total outline area per face not to exceed fifty (50) square feet or twenty-five one hundredths (0.25) square feet of signage per linear foot of street frontage up to one hundred (100) feet of street frontage and one-tenth (0.1) square foot of signage per linear foot of street frontage thereafter, whichever is less.

Exceptions:

(a)

For each additional four (4) foot setback from the minimum yard requirement, one (1) additional foot may be added to the sign height of a project identification sign to a maximum of ten (10) feet above the average existing finished grade at the base of the sign or elevation of the adjacent street, whichever is higher. However, at no time shall the bottom of the sign face exceed a height of three (3) feet above the average existing finished grade at the base of the sign or the elevation of the adjacent street, whichever is higher; or,

(b)

The minimum outline area and/or height of any project identification sign may be increased to a maximum of one hundred (100) square feet in outline area and/or twenty (20) feet in height above the average existing finished grade elevation at the base of the sign or elevation of the adjacent street, whichever is higher, with no height restriction for the bottom of the sign face subject to Planning Commission approval as outlined in Section 405.04.050(C)(3) of this Article "Planning Commission Approval."

(6)

Commercial, non-commercial, industrial or mixed-use subdivisions without residential uses of ten (10) lots/units or more that are less than twenty (20) acres shall be permitted a subdivision identification sign at each main entrance to the subdivision. Such sign shall not exceed fifty (50) square feet in outline area per face, nor extend more than six (6) feet above the average existing finished grade at the base of the sign or elevation of the adjacent street, whichever is higher. Subdivision identification signs shall be located within an easement on any platted lot or on common ground of subdivision. Such sign may also be located on any unplatted portion of the subdivision identified as part of a particular development on an approved preliminary subdivision plat, site development concept plan, site development section plan, or site development plan. No subdivision identification sign shall be permitted for a development permitted a project identification sign.

(7)

Landscaping. All permanent freestanding signs shall have landscaping, which may include, but not be limited to, shrubs, annuals, and other materials, adjacent to the sign base or structural supports.

Signs — Attached To Wall.

General Provisions.

(1)

Subject to the specific regulations set out below, each commercial or non-commercial tenant space or the sole occupant of a freestanding building shall have no more than one (1) attached sign on any two (2) walls of a building that are exterior walls of the particular building or tenant space. Permanent wall signs are prohibited on single-family residential buildings, multi-family residential buildings, and the exterior residential walls of a mixed-use building.

(2)

The outline area of each sign shall not exceed five percent (5%) of the wall area of the commercial or non-commercial tenant space on which said sign is attached. No sign shall exceed three hundred (300) square feet in outline area.

(3)

Countable wall area shall include the entire surface of a wall, such as gable and similar areas, and the vertical face of a mansard roof, whether real or artificial, which extends above the wall of the business on which the sign is attached. However, the countable area of mansard roofs shall be limited to the area not greater than six (6) feet above the eave line of the roof times the length of the associated wall.

Example: Where "Z" equals the maximum square footage of a wall sign. The height of a building "Y" is multiplied the width of a building "X" to provide the total square footage of the facade. This value is then multiplied by five-hundredths (0.05) or five percent (5%) to provide "Z" the maximum signage square footage. See Illustration A:

Illustration A.

Specific Regulations And Exceptions.

(1)

For a commercial or non-commercial tenant being the sole occupant of a building located on a corner lot or a lot with double frontage, said business may have one (1) attached sign on any three (3) walls of a building that are exterior walls.

(2)

Where a lot or parcel of land is developed with more than one (1) building, interior buildings shall be permitted the same type and number of wall signs on the interior buildings as are allowed on peripheral buildings. The mounting requirements of the permitted signs shall be the same as any attached wall sign.

(3)

In buildings containing single or multiple tenants where public access to individual tenant space(s) is gained via interior entrances, said building shall be allowed no more than one (1) attached sign on any two (2) walls having roadway frontage.

(4)

A sign may be painted or otherwise permanently affixed to the surface of an awning or canopy. The outline area of the message shall not exceed fifteen percent (15%) of the horizontal projection in elevation of the exterior surface of the awning or canopy. Said message outline area, shall not be counted toward the allowable outline area for a wall sign.

(5)

Where a multi-tenant building contains both public access to individual tenant space(s) via interior entrances and an additional exterior access point(s) that services only one (1) tenant, signage may be permitted above said exterior access point of the tenant. This signage is in addition to the exterior signage permitted in Subsection (F)(3)(b)(3) above. The outline area of each sign shall not exceed five percent (5%) of the wall area of the tenant space on which said sign is attached. No wall sign shall exceed three hundred (300) square feet in outline area.

Advertising Signs (Billboards).

Advertising signs (Subsection (F)(4) refers to Billboards only) are permitted in the Planned Commercial District, Planned Industrial District, and "MXD" Mixed Use Development District if permitted in the conditions of the ordinance governing the particular planned district.

Advertising signs shall not exceed eight hundred (800) square feet in outline area, nor extend more than thirty-five (35) feet above the elevation of the adjacent street. Subject to more restrictive regulations of the zoning district in which it is located, an advertising sign shall not be located closer than one hundred (100) feet to any other advertising sign or building, nor within fifty (50) feet of any "PS" Park and Scenic or any residentially zoned property or any property line of any "NU" Non-Urban zoned property, nor within ten (10) feet of any side or rear property line. Not more than one (1) advertising sign shall be permitted on one (1) structure, except that where a structure is located perpendicular to the street right-of-way, two (2) sign facings shall be permitted in each direction.

No outdoor advertising sign shall be located within fifty (50) feet of any roadway right-of-way line, except that where existing buildings on immediately adjacent tracts (on both sides) are located closer to the roadway right-of-way than fifty (50) feet, an advertising sign may be placed within the average setback of the existing buildings on each side of the advertising sign. Where a building on an adjacent tract exists on one (1) side only, located closer to the roadway right-of-way than fifty (50) feet, an advertising sign may be placed within the average setback of the existing building and the fifty (50) foot setback required by these regulations.

Notwithstanding the regulations as set out above, all Advertising Signs (Billboards) must be in conformance with Chapter 226.500 through 226.600, RSMo., as amended.

Separation From Other Zoning Districts. No advertising sign shall be located within one thousand (1,000) feet of any "NU" Non-Urban District, "AG" Agricultural, residential districts, or "PS" Park and Scenic District zoned tract, or any tract subject to the Landmark and Preservation Area Special Procedure.

Separation From Other Advertising Signs. No advertising sign shall be erected within five (5) miles of any existing sign on the same side of the highway. No sign shall be located in such a manner as to obstruct or otherwise physically interfere with the effectiveness of any official traffic sign, signal, or device, or obstruct or physically interfere with motor vehicle operators' view of approaching, merging, or intersecting traffic. The separation requirements between advertising signs outlined in this Subsection shall be measured perpendicular to the centerline off the subject highway. The separation distance shall apply only to advertising sign structures located on the same side of the subject highway.

Lighting. No revolving or rotating beam or beacon of light that simulates any emergency light or device shall be permitted as part of any advertising sign. No flashing, intermittent, or moving light or lights shall be allowed. External lighting, such as floodlights, thin line and gooseneck reflectors may be permitted in the conditions of the ordinance governing a particular planned or mixed use district, provided the light source is directed upon the face of the sign and is effectively shielded so as to prevent beams or rays of light from being directed into any portion of the public right-of-way. Lights shall not be of such intensity so as to cause glare, impair the vision of the driver of a motor vehicle, or otherwise interfere with a driver's operation of a motor vehicle. No sign shall be so illuminated that it interferes with the effectiveness of, or obscures, an official traffic sign, device, or signal, nor shall any sign illumination cast light on adjacent properties.

In accordance with the authority granted to the City pursuant to H.B. 831, 89th General Assembly (1997), the following regulations shall apply to all billboards and outdoor advertising structures, within the meaning of H.B. 831 and Sections 226.500 to 226.600, RSMo., which are placed or proposed to be placed at any location within the view of any Federal, State, interstate, primary or other highway within the City:

(1)

No outdoor advertising structure or billboard shall be erected or maintained which exceeds fifteen (15) feet in height above ground level.

(2)

No outdoor advertising structure or billboard shall be erected or maintained within the view of any Federal, State, interstate or primary highway at a distance of less than five (5) miles from any other outdoor advertising structure or billboard within the City which is visible to persons traveling in the same direction on such highway.

(3)

No outdoor advertising structure or billboard, other than on-premises signage specifically regulated pursuant to other provisions of the UDC of the City of Chesterfield, shall be lighted or artificially illuminated after dark in any manner visible from any location outside the right-of-way of the highway from which the outdoor advertising structure or billboard is visible.

Residential Subdivision Identification Signs. Residential subdivisions of ten (10) lots/units or more shall be permitted a subdivision identification sign at each main entrance to the subdivision. Such sign shall not exceed fifty (50) square feet in outline area per face, nor extend more than six (6) feet above the average existing finished grade at the base of the sign or elevation of the adjacent street, whichever is higher. Residential subdivision identification signs shall be located within an easement on any platted lot or on common ground of a subdivision. Such sign may also be located on any unplatted portion of the subdivision identified as part of a particular development on an approved preliminary subdivision plat or site development concept plan, site development section plan, or site development plan.

Supplementary Regulations.

An outdoor automatic teller or similar facility may have either one (1) freestanding or one (1) wall sign not to exceed sixteen (16) square feet in outline area associated with the facility. No freestanding sign for such a facility shall exceed eight (8) feet in height or width or be illuminated in any manner other than from an internal source.

Sign Regulations — Temporary Signs And Attention-Getting Devices. The provisions of this Section shall govern the erection of all temporary signs and attention-getting devices, together with their appurtenances, with respect to size, height, location, and construction.

General.

A sign not permanently affixed to a vehicle or trailer, which is parked or located such that the primary purpose is to display such sign, is prohibited. This prohibition shall not apply to signs or lettering on buses, trucks, or other vehicles while in use in the normal course of business.

Unless otherwise specifically stated, temporary signs shall not be illuminated.

No temporary sign shall require a foundation, support, wiring, fittings, or elements that would traditionally require a building permit or electrical permit.

Because of the nature of materials typically used to construct temporary signs and to avoid the unsightliness of deteriorating signs and all safety concerns which accompany such a condition, temporary signs shall be removed or replaced when such sign is deteriorated.

Temporary Signs Without A Commercial Message. Temporary signs without a commercial message do not require a sign permit, provided that they comply with the standards of this Article, including the standards that apply to all temporary signs.

The maximum sign area of any single temporary sign without a commercial message shall be eight (8) square feet in residential zoning districts and twenty-four (24) square feet for each commercial or non-commercial tenant space or the sole occupant of a freestanding building in non-residential zoning districts.

The maximum height of temporary signs without commercial speech shall be six (6) feet.

The signs are limited to yard signs and banner signs.

Temporary Signs With A Commercial Message In Residential Zoning Districts. The following are the temporary signs with a commercial message allowed in residential zoning districts:

Up to two (2) temporary signs with a commercial message are permitted on each lot in a residential zoning district.

The maximum sign area for each sign shall be eight (8) square feet with a maximum height of six (6) feet.

The signs are limited to yard signs and banner signs.

Temporary Signs With A Commercial Message In Non-Residential Zoning Districts. The following are the temporary signs with a commercial message allowed in non-residential zoning districts:

Each commercial or non-commercial tenant space or the sole occupant of a freestanding building is permitted up to twenty-four (24) square feet of temporary signs year round, subject to the standards for each specific type of sign.

Window Signs.

Window Signs are permitted in addition to other commercial and non-commercial temporary signs. Window Signs shall not occupy more than twenty-five percent (25%) of any single window area. The window area may include multiple panes of glass separated only by supporting framing materials but not separated by architectural elements. Such signs are solely permitted on a window of that particular tenant space and solely on a facade that has an entrance to said tenant space.

Window Signs are solely permitted on the first and second floor of a building.

A sign permit shall not be required for any window sign.

Living or Human Signs associated with a commercial business are permitted on the premises of the business for which the advertising is for. The maximum size of a commercial or non-commercial sign that may be held by an individual is three (3) square feet. These signs do not require an MZA and are not permitted off-site, or within the right-of-way.

Temporary Signs — Development Related.

General. One (1) Temporary Construction Sign may be erected in addition to other temporary signs per roadway frontage at any one (1) time after first obtaining the required zoning approval and sign permit. At no time shall guy wires or auxiliary support posts be used to anchor a temporary development related sign.

Temporary Construction Signs.

(1)

Construction signs on a site may be erected during the construction period. Each construction site may have no more than one (1) such sign facing each roadway on which the site has frontage. No construction sign shall exceed thirty-two (32) feet in outline area, nor exceed ten (10) feet in height above the average existing finished grade.

(2)

The signs shall be confined to the site of the construction and shall be removed no later than fourteen (14) days after completion of all construction on the site or after ninety (90) days of suspension of work.

(3)

The maximum outline area of a temporary construction sign may be increased to sixty-four (64) square feet subject to Planning Commission approval as outlined in Section 405.04.050(C)(3) of this Article.

Attention-Getting Devices (On Premises). Attention-getting devices, which shall include, but are not limited to, inflatables, beacons, festoons, pennants and streamers, shall be allowed in conjunction with a grand opening for each business. Said devices shall be in use for a period not to exceed fifteen (15) consecutive days and only upon the initial opening of each business. Attention-getting devices, with the exception of inflatables, may be used in conjunction with a special promotion for a period not to exceed forty-five (45) days per calendar year. A temporary zoning approval is not required for an attention-getting device. The total sign area must not exceed the allowable area of temporary signs for the associated zoning district.

Sign Regulations — Exempt And Prohibited.

Exempt Signs. The following signs shall be exempt from the provisions of this UDC. However, setback and height requirements for all structures, where applicable, shall be in accord with the regulations of the particular zoning district in which the structure is located. The Director of Planning is the final authority on the interpretation of an Exempt Sign.

Official traffic or government signs, including memorial plaques and signs of historical interest.

Flags of any nation, government, or non-commercial message.

Scoreboards on athletic fields.

Display window signs, not attached to a window, incorporated and related in content to such a display.

Temporary signs indicating a potential danger.

Public notices and legal notices required by law.

Signs mandated by the Federal, State, local or City government.

Gravestones.

Commemorative tablets and monument citations of less than ten (10) square feet that are an integral part of a permanent structure.

Incidental Signs.

Post Office Address.

(1)

All buildings and structures having a post office address shall list the street number of such post office address on the front of the building or structure in a type of sufficient size as to be clearly visible from any street adjacent to the property. In any case where the building or structure is not visible from the street that is adjacent to the property, or if the building is more than one hundred fifty (150) feet from the street adjacent to the property, the street number must be placed at some location on said property within fifty (50) feet of the adjacent street. This number need not always be on a mailbox, but a number on the mailbox on said property will satisfy the requirements of this Statute. In the case of buildings or structures which are adjacent to more than one (1) street, the number shall be visible from the street to which the post office address corresponds.

(2)

All buildings or structures which are used for business, commercial, industrial, manufacturing or public purposes which have post office addresses shall list the street number of such post office address on the front of the building in a type of sufficient size (minimum three (3) inches, maximum twelve (12) inches) as to be clearly visible from a street adjacent to the property and on the rear of the building on the right edge of the building when facing the rear of the building and not less than six (6) feet nor more than eight (8) feet above the ground level.

Prohibited Signs. All signs not expressly permitted under this UDC or expressly exempt from regulation hereunder in accordance with the above Section are prohibited within the City of Chesterfield. Such signs shall include:

Abandoned signs.

Neon.

Off-premises signs, other than those specified previously in this Section of the UDC.

Portable signs, unless used to convey public, not-for-profit, or civic information.

Projecting signs.

Rooftop signs.

Signs attached or painted on vehicles parked and visible from the public right-of-way unless said vehicle is used in the normal day-to-day operations of a business.

Signs affixed to bus stop shelters or other similar structures.

Sign Regulations — Non-Conforming Signs. Information on non-conforming signs may be found in Article 7 of this UDC.

Section 405.04.060 Air Navigation Space Regulations. [1]

[CC 1990 § 31-04-06; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]

Scope Of Provisions. This Section contains the air navigation space regulations for the City of Chesterfield. These regulations shall apply in that part of the City of Chesterfield as hereinafter indicated.

Statement Of Intent. The air navigation space regulations shall establish height limitations for structures and trees within proximity to aircraft landing approach areas and major airport maneuvering areas.

Airport Zones. Airport zones are hereby created and established in that part of the City of Chesterfield and shall comprise all of the land lying beneath the City of Chesterfield area airport approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces. Except as otherwise provided in this Section, no object shall be erected, altered, maintained, planted, or be allowed to grow in any zone created by this Section to a height in excess of the applicable height limitations herein established for such zone. A tract of land located in more than one of the following zones shall be deemed to be in the zone with the more restrictive height limitation. Other regulations appearing in this UDC that are inconsistent herewith are superseded to the extent of such inconsistency.

Height Limitations. The various zones and their height limitations are hereby established and defined as follows:

Utility Runway Visual Approach Zone: shall have a width at its inner edge coinciding with the width of the runway's primary surface, as defined in Section 405.04.060(E) of this Article, and expanding outwardly to a width of one thousand two hundred fifty (1,250) feet at a horizontal distance of five thousand (5,000) feet from the primary surface. The center line of the approach zone shall be the continuation of the center line of the runway. The height limitations shall be established by an imaginary plane sloping twenty (20) feet outward for each foot upward, commencing at the end of and at the same elevation as the primary surface, as specified in Section 405.04.060(E) of this Article, and extending to a horizontal distance of five thousand (5,000) feet along the extended runway center line.

Utility Runway Non-Precision Instrument Approach Zone: shall have a width at its inner edge of five hundred (500) feet, and expanding outwardly from the primary surface to a width of two thousand (2,000) feet at a horizontal distance of five thousand (5,000) feet from the primary surface. The center line of the approach zone shall be the continuation of the center line of the runway. The height limitation shall be established by an imaginary plane sloping twenty (20) feet outward for each foot upward, commencing at the end of and at the same elevation as the primary surface, as specified in Section 405.04.060(E) of this Article, and extending to a horizontal distance of five thousand (5,000) feet along the extended runway center line.

Larger Than Utility Runway With A Visibility Minimum Greater Than 3/4-Mile Non-Precision Instrument Approach Zone: shall have a width at its inner edge coinciding with the width of the runway's primary surface, as defined in Section 405.04.060(E) of this Article, and expanding outwardly to a width of three thousand five hundred (3,500) feet at a horizontal distance of ten thousand (10,000) feet from the primary surface. The center line of the approach zone shall be the continuation of the center line of the runway. The height limitations shall be established by an imaginary plane sloping thirty-four (34) feet outward for each foot upward commencing at the end of and at the same elevation as the primary surface, as specified in Section 405.04.060(E) of this Article, and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway center line.

Larger Than Utility Runway With A Visibility Minimum of 3/4-Mile Non-Precision Instrument Approach Zone: shall have a width at its inner edge of one thousand (1,000) feet and expanding outwardly to a width of four thousand (4,000) feet at a horizontal distance of ten thousand (10,000) feet from the primary surface. The center line of the approach zone shall be the continuation of the center line of the runway. The height limitations shall be established by an imaginary plane sloping thirty-four (34) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface, as specified in Section 405.04.060(E) of this Article, and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway center line.

Precision Instrument Runway Approach Zone: shall have a width at its inner edge of one thousand (1,000) feet and expanding outwardly to a width of sixteen thousand (16,000) feet at a horizontal distance of fifty thousand (50,000) feet from the primary surface. The center line of the approach zone shall be the continuation of the center line of the runway. The height limitations shall be established by an imaginary plane sloping fifty (50) feet outward for each foot upward commencing at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway center line; thence sloping upward one (1) foot vertically for each forty (40) feet horizontally to an additional distance of forty thousand (40,000) feet along the extended runway center line.

Transitional Zones: the areas beneath the transitional surfaces. The height limitations shall be established by an imaginary plane sloping seven (7) feet outward for each foot upward, commencing at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of one hundred fifty (150) feet above the airport elevation, as specified in Section 405.04.060(E) of this Article. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of five thousand (5,000) feet measured at ninety-degree angles to the extended runway center line.

Horizontal Zone: is established by swinging arcs of five thousand (5,000) feet (for all runways designated utility or visual) or ten thousand (10,000) feet (for all other types of runways) radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The Horizontal Zone does not include the Approach and Transitional Zones. The height limitation shall be established by an imaginary plane lying one hundred fifty (150) feet above the airport elevation, as designated in Section 405.04.060(E) of this Article.

Conical Zone: is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of four thousand (4,000) feet. The height limitation shall be established by an imaginary plane sloping twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at one hundred fifty (150) feet above the airport elevation, as designated in Section 405.04.060(E) of this Article, and extending to a height of three hundred fifty (350) feet above the said airport elevation.

General.

For purposes of this Section, the City of Chesterfield area airports shall be defined to include the following: Spirit of St. Louis Airport, 18260 Edison. The aforesaid airport shall be identified and described as follows:

Airport	Elevation (feet)	Runway Number	Runway Orientation	Runway Type	Runway Length (feet)	Width of Primary Surface (feet)	Runway Construction
Spirit of St. Louis	460	8 Right	076°	Precision Instrument	6,000	1,000	Paved
Spirit of St. Louis	460	6 Left	256°	Precision Instrument	6,000	1,000	Paved
		8 Left	076°	Utility	3,800	250	Paved
		26 Right	256°	Visual

Nothing in these regulations shall be construed to prohibit the emplacement, construction, maintenance, or growth of any object not exceeding a height of thirty-five (35) feet above the airport elevation at the base of such object as specified in Section 405.04.060(D) of this Article.

Notwithstanding any other provisions of this UDC, no use may be made of land or water within any zone established by this Section in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

The regulations prescribed by this Section shall not be construed to require the removal, lowering, or other change or alteration of any object not conforming to the regulations as of the effective date of this UDC, or otherwise interfere with the continuance of the non-conforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any object, the construction or alteration of which was begun prior to the effective date of this UDC, and is diligently prosecuted. Notwithstanding the preceding provision of this Subsection, the owner of any existing non-conforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Director of Planning to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the airport to be protected thereby.

[1]

Cross Reference: See also Ch. 245, Aviation.

Section 405.04.070 Subdivisions.

[CC 1990 § 31-04-07; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]

General.

Purpose. The purpose of these regulations is to control the division of land within the City of Chesterfield in order to promote the public health, safety, and general welfare of the City by regulating the division and redivision of land in order to lessen congestion in the streets and highways; to further the orderly development and appropriate use of land; to establish accurate records of land subdivisions; to protect land title; to implement the general plan; to secure safety from fire, and other dangers; to facilitate adequate and coordinated provision for transportation, water, sewerage, schools, parks, playgrounds, and other public requirements; to facilitate the further division of larger tracts into smaller parcels of land; to preserve natural features, such as stands of trees, streams, significant rock formations, historical landmarks; and, in general, to facilitate the orderly coordinated, efficient, and economic development of the City of Chesterfield.

Administration. The Department may adopt, amend, and publish rules and instructions within the intent of this UDC for the administration of this UDC to the end that the public be informed and that approval of plats be expedited.

Parcels Of Land Created By Court Order. Any court ordered division of a tract of land must comply with the requirements of this UDC.

Large-Lot Subdivision. Where the proposed division of land constitutes a large-lot subdivision, the following provisions shall apply:

Lot Design Standards. The standards of Section 405.04.080(B), Single-Family Residential Lot Design Standards, of this Article, shall apply in addition to the following:

Access for proposed lots may be provided by private roadway easements which may be included as part of the gross area of the lot. Lots with double frontage shall normally have driveway access to the internal private roadway or local street. Any other access shall be approved where justifiable topographic and other site conditions are presented which prohibit access from the internal street.

Building setbacks of the zoning district shall be observed from designated private roadway easement lines and public rights-of-way.

Where there is a question as to the feasibility of access to a desirable building site from the proposed roadway due to factors such as creeks, steepness of terrain, or other adverse natural physical conditions, the Department may withhold approval until engineering studies are presented to the Department which establish that the site is accessible.

All lots containing three (3) acres or more shall have a minimum width at the building line of two hundred (200) feet.

Minimum frontage width shall be determined at the building line, except that lots fronting on a circular turnaround shall have a minimum width at the required building line of one hundred (100) feet.

Improvements.

No improvement plans are required for large-lot subdivisions, unless the streets therein are proposed by the developer for dedication to the City of Chesterfield.

Streets.

(1)

Private roadway easements shall have a minimum width of fifty (50) feet. Minimum pavement requirements set forth in Section 405.04.090(C) of this Article are not applicable to roadway easements for servicing large-lot subdivisions.

(2)

When a large-lot subdivision is proposed adjacent to a street that is accepted and maintained by the City of Chesterfield, or St. Louis County (arterial roads), right-of-way dedication may be required as necessary for the relocation or widening for an adjoining county or City road.

Sidewalks shall not be required for a large-lot subdivision.

Water Supply. In the absence of a public water supply, wells shall be constructed or a connection to a private water supply system shall be provided so that an adequate supply of potable water will be available to every lot in the subdivision. The standards for same shall comply with the requirements of the Missouri Department of Natural Resources.

No stormwater drainage improvements shall be required for a large-lot subdivision except where individual lot access is requested to an existing public street or where necessary to control erosion or damage to a street right-of-way to be dedicated to the City of Chesterfield in which case the provisions of Section405.04.080(I), Storm Sewers, of this Article, shall apply and land subdivision improvement bonds or escrows shall be provided by the developer in accordance with Article 02 of this UDC.

Sanitary Sewers.

(1)

Where an approved publicly or privately owned sanitary sewer is not located within two hundred (200) feet and reasonably accessible, but where plans for installation of sanitary sewers in the vicinity of the subdivision have been prepared and approved by the Missouri Department of Natural Resources, the City of Chesterfield, MSD, or private sewer district, within their limits, the developer shall install sewers in conformity with such plans, although a connection to an existing main may not be immediately practicable. In such cases, and until a connection is made with an approved publicly or privately owned sewer system, the use of a sewage treatment facility will be permitted, provided that such disposal facilities are constructed in accordance with the regulations and requirements of the Missouri Department of Natural Resources and this UDC and constructed under the observation and inspection of MSD or private sewer company, within its limits, and the City of Chesterfield.

(2)

Where no sewers are accessible and no plans for same have been prepared, the developer shall install sewer lines and a disposal system in accordance with the requirements of the preceding Subsection. In areas outside MSD boundaries, the developer may instead install an individual sewage disposal system for each lot, but each such individual sewage disposal system shall comply with the regulations and requirements of the Missouri Department of Natural Resources and be constructed under the observation and inspection of, and approved by the City of Chesterfield.

Reflectorized street signs shall not be required for large-lot subdivisions other than at each intersection of a designated private roadway easement with an existing or proposed publicly maintained street. Such signs shall be placed within the public right-of-way in accord with the standards of the City of Chesterfield.

In a large-lot subdivision, a streetlight shall be required only at each intersection of a private roadway easement with an existing or proposed publicly maintained street.

No landscape plan shall be required for a large-lot subdivision.

For large-lot subdivisions, monuments shall be required at corners and angle points of the outboundary only. Individual lots therein shall be identified by monuments at boundary corners, and at other such locations selected by the developer. Public streets within a large-lot subdivision shall contain monumentation to identify the street right-of-way as required for subdivisions of lots of less than three (3) acres.

Private Agreements.

A trust indenture shall be required for a large-lot subdivision only in the event that common land or recreational facilities are contained within the subdivision. However one may be utilized for streetlights and roads.

If no indenture is utilized, all large-lot subdivisions shall have recorded, with or on the plat, a statement guaranteeing road maintenance.

Private restrictions proposed for the subdivision shall be reviewed by the Department and City Attorney and shall be referenced on the record plat.

Section 405.04.080 Subdivision Design Standards.

[CC 1990 § 31-04-08; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]

The size, shape, and orientation of lots and the orientation of structures shall be designed to provide desirable building sites logically related to topography, natural features, streets, parking areas, common land (if any), other structures, and adjacent land uses. Due regard shall be given to natural features, such as large trees, unusual rock formations, watercourses, and sites which have historical significance, scenic views, and similar assets, the preservation of which would add attractiveness and value to the subdivision.

Improvements.

Plans for improvements shall be prepared by a registered professional engineer; and the streets, storm sewers, sidewalks, pedestrianways (unless waived by the Department or Commission), and sanitary sewers shall be staked by a registered land surveyor.

The owner of the tract may prepare and secure tentative approval of a final subdivision plat of the entire tract, but the improvements shall be either installed or guaranteed in the form of a land subdivision bond, or an escrow agreement in a portion of the area for which a record plat is approved for recording. However, all improvements required by the City shall be complete and approved prior to issuance of more than eighty-five percent (85%) of the building permits of all lots in the subdivision plat.

Utilities, including water mains, streets, storm and sanitary sewers, and sewage treatment plants shall be designed and built or guaranteed by escrow to serve the platted area or be designed and built or guaranteed by escrow to serve the area to be initially developed in such a manner that they can easily be expanded or extended, as the case may be, to serve the entire drainage area or watershed.

Required improvements for large-lot subdivisions are addressed in Section 405.04.070(B) of this Article.

Acceptance And Final Approval. Before the developer's obligation to the City of Chesterfield is terminated, all required improvements shall be constructed under the observation and inspection of the inspecting agency and accepted for maintenance or given final approval by the City.

Single-Family Residential Lot Design Standards. The design standards set forth in this Section are the minimum design standards to be used by the single-family residential subdivision. Unless otherwise set forth below, the standards and procedures established elsewhere in this Article as applicable to all subdivisions, shall apply to residential subdivisions as well.

Street Frontage.

Each proposed lot containing an area of less than three (3) acres shall front upon a street accepted by the City of Chesterfield or improved to the standards and specifications of the City of Chesterfield.

Double Frontage.

(1)

Lots with double frontage should be avoided, except where necessary to provide separation of the subdivision from traffic arteries, or as otherwise required by topography or similar conditions.

(2)

A solid fence or other improvement (including walls, plantings, or berms) may be required by the Director of Planning as necessary for screening along the line of lots abutting such an arterial street.

(3)

Lots with double frontage shall normally have driveway access to the internal subdivision street.

Driveway access to the street shall not be located within ten (10) feet of an existing street catch basin.

Lot Area Calculations.

The lot area shall meet the requirements of this UDC.

Where additional widening strips are dedicated on existing streets, calculations of the area of a lot shall not include widening strips in determining the gross area of the lot, except that private roadway easements for the servicing of large-lot subdivisions may be included as part of the gross area of the lot.

Minimum Width Of Lots At Required Building Line.

Residential lots shall conform to the following minimum requirements:

(1)

All lots containing an area of less than seven thousand five hundred (7,500) square feet shall have a minimum width at the required building line of fifty (50) feet.

(2)

All lots containing an area of seven thousand five hundred (7,500) square feet, but less than ten thousand (10,000) square feet, shall have a minimum width at the required building line of sixty (60) feet.

(3)

All lots containing an area of ten thousand (10,000) square feet, but less than fifteen thousand (15,000) square feet, shall have a minimum width at the required building line of seventy (70) feet.

(4)

All lots containing an area of fifteen thousand (15,000) square feet, but less than twenty-two thousand (22,000) square feet, shall have a minimum width at the required building line of eighty-five (85) feet.

(5)

All lots containing an area of twenty-two thousand (22,000) square feet, but less than one (1) acre, shall have a minimum width at the required building line of one hundred (100) feet.

(6)

All lots containing one (1) acre, but less than two (2) acres, shall have a minimum width at the required building line of one hundred twenty-five (125) feet.

(7)

All lots containing two (2) acres, but less than three (3) acres, shall have a minimum width at the required building line of two hundred twenty-five (225) feet.

(8)

All lots containing three (3) acres or more shall have a minimum width at the required building line of three hundred (300) feet.

Minimum frontage widths shall be determined at the required building line as stated in this UDC.

Circular Turnaround.

Frontage. The minimum width required for a lot fronting on a circular turnaround may be measured along a line parallel to the street right-of-way line, at a distance from the street right-of-way line equal to the depth of the required front yard plus ten (10) feet.

Building Line. The minimum building line will in no event be less than fifteen (15) feet from any road maintenance and utility easement. However, this UDC may require a greater front yard or building line setback.

The minimum width at the right-of-way line for lots fronting a circular turnaround shall be not less than thirty-six (36) feet.

Side Lot Lines. Side lot lines shall be right angles to straight streets and radial to curved streets except when radial lot lines detract from the desirability of the lot.

Corner Lots.

Corner lots for residential use shall have adequate width to permit appropriate building lines from both streets.

Corner lots located at the intersection of major and local roadways shall normally have driveway access from the local roadway, if possible. Driveways shall be located as far from the street intersection as practicable and will not, under any circumstances, be permitted within the sight distance triangle serving the intersection as described in this UDC.

Flag Lots.

Flag lots will be allowed for lots that contain a minimum of ten thousand (10,000) square feet. Flag lots of lesser area may be approved by the Director of Planning.

The access portion of such lots shall have a minimum width of forty (40) feet.

Flag lots shall not be further subdivided into additional lots unless a public road is constructed to City standards.

No more than two (2) flag lots may have adjoining driveway entrances to a public right-of-way.

The front building line for flag lots shall be established on both the access portion and on the building site portion of the lot in accord with provisions of the particular zoning district.

Exceptional Development Conditions. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formation, soil conditions, steepness of terrain, flood conditions, or other adverse natural physical conditions, the Department may, after adequate investigation, withhold approval of such lots until engineering studies are presented to the Department which establish that the method proposed to meet any such condition is adequate to avoid any danger to health, life, or lot improvement.

Multiple-Family Residential Subdivision Design Standards. The design standards as set forth in this Section are the minimum standards for the multiple-family residential subdivision. Unless otherwise set forth below, the standards and procedures established elsewhere in this Article as applicable to all subdivisions shall apply to multiple-family subdivisions as well.

Lots.

A multiple-family residential subdivision may consist of only one (1) parcel of land or may include separate lots for one (1) or more multifamily buildings or may include separate lots for each dwelling unit.

If divided into lots, such lots shall not be deemed lots for the purpose of determining minimum lot area as provided in Article 03 of this UDC; provided, however, that the total number of dwelling units does not exceed the maximum density requirements of the zoning district or of any special procedure ordinance enacted pertaining to the tract.

Street Frontage. Any such lots need not front or abut directly on a street, provided that suitable access and easements are provided for both vehicular and pedestrian traffic.

Circular Turnaround; frontage. The minimum building line will in no event be less than fifteen (15) feet from any road maintenance and utility easement. However, this Article or any other Article of this UDC may require a greater front yard or building line setback.

Parking Areas.

Parking bays on multiple-family access streets may be accepted by the Department to satisfy off-street parking space requirements in multiple-family subdivisions.

Parking areas should be of sufficient dimension to accommodate a nine-foot-by-nineteen-foot parking bay independent of the driveway aisles. All internal parking lot aisles shall be not less than twenty-two (22) feet in width.

Yard Limitations. In the event the plan proposes the construction of dwelling units either with walls joined together or having a common wall but on separate lots, such group of dwelling units or walls, or both shall be deemed one (1) structure for the purpose of determining the side, front, and rear yard limitations of this UDC.

Party Wall Cross Easement Agreements. If the proposed subdivision necessitates the creation of party wall agreements, cross easements, or other similar agreements to be of record for the use and benefit of two (2) or more dwelling units, the developer shall submit to the Department all such agreements or indentures at the time of submission of the record plat for approval.

Non-Residential Subdivision Design Standards. The design standards as set forth in this Section are the minimum design standards to be used by the non-residential subdivider. Unless otherwise set forth below, the standards and procedures established elsewhere in this Article as applicable to all subdivisions shall apply to non-residential subdivisions as well.

Lots.

The lot size, width, and depth shall be appropriate for the location and type of development contemplated and shall conform to the requirements of this UDC for the district in which the non-residential subdivision is proposed.

A minimum road frontage of fifty (50) feet or direct access by a fifty-foot road easement or right-of-way or recorded cross easement shall be required for non-residential lots of any size.

Lots adjacent to residential areas shall be buffered by providing for additional depth of lots.

Off-street loading shall be arranged to eliminate street maneuvering by vehicles using loading facilities.

Blocks. There shall be no restriction of maximum block length in a non-residential subdivision.

Sidewalks And Pedestrianways.

Sidewalks shall not be required in a non-residential subdivision developed in an M-1 or M-2 Industrial Zoning District, unless required by Subsection (D)(3)(b) below.

The Department may require pedestrianways, sidewalks, and fencing in a non-residential subdivision to provide access to parks, schools, shopping areas, or similar facilities, or as otherwise necessary to insure the public safety.

Survey Monuments. Survey monuments shall not be required in a non-residential subdivision except as set forth below:

A permanent survey marker, as defined in Section 405.04.080(F) of this Article, shall be placed on at least two (2) corners of each intersecting street in a non-residential subdivision and at each corner of the subdivision outboundary, and each survey marker shall be placed by a land surveyor. Additional survey monuments shall not be required in the resubdivision of a lot of a recorded non-residential subdivision.

The permanent survey monuments may be placed after all streets and related utilities have been installed in the portion of the non-residential subdivision being improved.

Easements.

All proposed subdivisions shall have easements as determined by the Department to be adequate for the installation and maintenance of utility facilities, including cable television distribution systems.

Where a cut or fill for a street extends beyond the limits of the right-of-way, the developer shall provide a slope easement or special escrow as determined by the City of Chesterfield to be of sufficient area and limits to permit the construction and maintenance of the slope.

Whenever a stream or surface drainage course is located in an area proposed for a subdivision, the developer shall provide an easement determined by the Department to be adequate in area to contain facilities to take care of flooding or erosion along the stream or surface drainage course.

Stormwater And Stormwater Control Easements.

Stormwater easements and drainage rights-of-way may be required if necessary for proper drainage within and through a subdivision.

Stormwater control easements are required along all major creeks and significant tributaries; around and including all new wet lakes functioning as part of a stormwater control system; and for all detention areas, basins, and related structures.

Stormwater control easements shall include a minimum dimension of twenty (20) feet back from the bank of improved creek channels as approved on improvement plans, or of such width back from unimproved channels as required by MSD. Easements shall include a distance of not less than ten (10) feet back from the estimated high water line of lakes, dry detention areas, and basins.

Final location of stormwater control easements shall be approved by MSD, the county and the City as part of the improvement plan approval. Such easements shall subsequently be shown on a record plat or special easement plat.

In addition to stormwater control easements, stormwater control access easements shall be required as necessary to provide for upkeep of the area within designated stormwater control easements. Separately designated access easements shall not be less than twenty (20) feet wide.

The Department shall require script on the record plat, or trust indentures for all development containing stormwater control easements and access easements to such areas, specifying assessments for and maintenance of such particular areas apart from other common land, until MSD accepts the easements.

Survey Monuments.

Where none are existing, survey monuments shall be placed by a registered land surveyor at street corners; i.e., at a four-way intersection, two (2) corners are required to be monumented, and at a three-way intersection, one (1) corner is required to be monumented. For all other types of intersections, monuments shall be placed as determined by the City of Chesterfield. In addition, monuments shall be so located as to find angle points, points of tangency of curves on one side of the street, and at all outboundary corners.

Should conditions prohibit the placing of any monuments at the above locations, offsetting of the permanent marker is permitted; provided, however, that the exact offset courses and distances are shown on the letter of certification when monuments are set. If a monument would be in a driveway, a cross would be permitted in concrete; and a steel pin, iron pipe, or railroad spike in asphalt.

Monuments shall be of Portland cement concrete, four (4) inches square on the top tapering to six (6) inches square on the bottom; stone, four (4) inches square or larger; and iron pipe or steel pins, from one-half (1/2) inch to one and one-half (1 1/2) inches in diameter. All monuments noted above will have a length of two (2) feet or longer.

An existing permanent benchmark or a new permanent benchmark shall be accessibly established and shall be accurately noted on the record subdivision plat.

Sidewalks.

Sidewalk Requirements.

Sidewalks shall be required on both sides of all streets, except for:

(1)

Cul-de-sac streets containing eight (8) or fewer single-family lots, including corner lots.

(2)

The circular bulb portion of all culs-de-sac.

(3)

In the R-1 Zoning District, where the minimum lot frontage is one hundred twenty-five (125) feet on loop streets of not more than twenty-six (26) lots and on cul-de-sac streets of not more than thirteen (13) lots.

(4)

Large-lot subdivisions.

(5)

Industrial development within the M-1 or M-2 Zoning Districts.

Sidewalks Shall Be Constructed To City Specifications. The minimum requirements for sidewalks shall be as follows:

(1)

All sidewalks shall be a minimum of four (4) feet wide. However, wider sidewalk widths will be required on high-volume streets and at locations adjacent to obstructions.

(2)

All sidewalks shall be four (4) inches thick, except in residential driveways, where a six-inch thickness shall be required, and in non-residential driveways, where a thickness of seven (7) inches shall be required.

(3)

Where sidewalks are located adjacent to a vertical curb within a street intersection, wheelchair ramps will be required.

(4)

Where sidewalks are to be located adjacent to a roadway under the jurisdiction of the Missouri Department of Transportation and/or St. Louis County, they may be required to be placed in a public easement outside of the State or county right-of-way. Maintenance of walks along State or county rights-of-way shall be the responsibility of the property owners or the trustees of the subdivision.

Sidewalk Variance Procedure. A petitioner may apply to the Department for deletion of sidewalks, including submittal of an alternate sidewalk plan, through the utilization of the variance procedure in accord with Article 02 of this UDC. Along the county arterial roadways, the St. Louis County Department of Highways and Traffic shall be requested to provide the Department with recommendations concerning conditions within road right-of-way involved with a request for variance or alternate sidewalk plans. The Department may grant a variance in the following cases:

Where sidewalks are not deemed necessary for the public safety or where topographical or other conditions make their installation and use impractical.

Where tracts of land are created having at least three hundred (300) feet of frontage which could be resubdivided into smaller lots at a future time.

Where the subdivision designer has submitted for review a proposed sidewalk plan that provides for more direct and safer movement of pedestrian traffic.

Where justifiable conditions can be shown that the strict application of the requirements contained in this Section would:

(1)

Impose practical difficulties or particular hardship; or

(2)

Cause additional walks that would not be in the public interest, and public safety could be adequately accommodated without the sidewalks;

Where it would mandate the removal of mature trees or desirable natural features.

Water Mains.

Where the Department determines that an approved public water supply is reasonably accessible or procurable, it shall be made available to each lot within the subdivided area. The developer shall install fire hydrants as determined by the appropriate fire protection district in accordance with the requirements of the Insurance Office of Missouri.

In the absence of a public water supply, wells shall be constructed, or a connection to a private water supply system shall be provided, so that an adequate supply of potable water will be available to every lot within the subdivision. The information furnished and the approval of same shall comply with the requirements of the Missouri Department of Natural Resources. The water supply system shall be constructed under the observation and inspection of the Department.

Storm Sewers.

Storm drainage improvements consisting of storm sewer systems or open channels shall adequately drain the areas being developed. No change in watersheds shall be permitted. All stormwater shall be discharged at an adequate natural discharge point.

The design of drainage improvements shall be coordinated to the extent possible with present and probable future improvements so as to form part of an integrated system.

Storm drainage facilities located within subdivided lots and common land areas shall be the maintenance responsibility of the abutting property owners or subdivision trustees.

Adequate provisions shall be made for this disposal of stormwater, in accordance with the specifications and standards of the Metropolitan St. Louis Sewer District where applicable, or any other legally constituted districts, and the City of Chesterfield.

Erosion and siltation control devices shall be required as directed by the City of Chesterfield.

Sanitary Sewers.

Where an approved publicly or privately owned sanitary sewer system is located within two hundred (200) feet and reasonably accessible, and meets the requirements of the Missouri Department of Natural Resources, and the City of Chesterfield, the developer shall connect with such sanitary sewer and provide an adequate service connection to each lot. Sewer connections and subdivision sewer systems shall comply with the regulations of the Missouri Department of Natural Resources, Metropolitan St. Louis Sewer District (MSD) within its limits, and the Department, and shall be constructed under the observation and inspection of MSD, when within its limits, or the Department, where applicable, and shall be approved by same, or a privately owned sewer company when applicable.

Where an approved publicly or privately owned sanitary sewer is not reasonably accessible, but where plans for installation of sanitary sewers in the vicinity of the subdivision have been prepared and approved by the Missouri Department of Natural Resources and the Department, and MSD within its limits, the developer shall install sewers in conformity with such plans, although a connection to an existing main may not be immediately practicable. In such cases, and until a connection is made with an approved publicly or privately owned sewer system, the use of a sewage treatment facility will be permitted, provided that such disposal facilities are constructed in accordance with the regulations and requirements of the Missouri Department of Natural Resources and this UDC and constructed under the observation and inspection of MSD, within its limits, or the Department.

Where no sewers are accessible and no plans for same have been prepared, the developer shall install sewer lines and a disposal system in accordance with the requirements of the preceding subsection. Individual sewage disposal systems shall not be used in a subdivision containing more than ten (10) lots, except in large-lot subdivisions. A developer may install an individual sewage disposal system for each lot, if the following criteria are met:

He/she must have MSD approval within its limits.

Each lot must have a minimum width of one hundred (100) feet, and contain a minimum area of thirty thousand (30,000) square feet when no public water system is available or twenty thousand (20,000) square feet where public water is available.

The individual sewage disposal system shall comply with the regulations and requirements of the Missouri Department of Natural Resources.

Each disposal system shall be constructed under the observation and inspection and approval by the Department and by MSD when within its limits.

Test Boring. The Department may require evidence as to the subsurface soil, rock, and water conditions of the tract to be developed.

Grading.

Where the preliminary plat indicates that extensive grading and compaction are probable, the City of Chesterfield may require the submission of additional information and modifications in the proposed plat before the developer may grade any land to be subdivided.

A grading permit or approved improvement plans are required prior to any grading on the site. Erosion and siltation control devices shall be required as directed by the City of Chesterfield.

Proposed grading which creates a change in watersheds shall not be permitted.

Pedestrianways And Common Land Access For Maintenance.

The Department may require pedestrianways to provide access to parks, schools, shopping areas, public transportation facilities, common land, or similar facilities, or where otherwise necessary to promote the public safety.

In the event that a pedestrianway is required, the pedestrianway shall be provided for in accord with the following:

A minimum of twenty (20) feet of right-of-way shall be provided for the required pedestrianway.

If the pedestrianway is necessary to provide access to an area intended for the installation of active recreation facilities, a walkway shall be required within the pedestrianway. The walkway shall be constructed with four-foot wide and four-inch thick Portland cement pavement or other all-weather surface on a grade longitudinally not exceeding eight percent (8%) unless steps are provided as a part of the walkway.

No building permit will be issued on lots abutting the walkway required within a pedestrianway until the walkway has been constructed.

Common Land Access For Maintenance. Whenever areas designated and platted as common land contain facilities for retention lakes or ponding or recreational uses, the periodic maintenance of which requires use of heavy equipment, access to the common land shall be of sufficient width, reasonably graded, to facilitate maintenance equipment and constructed of materials appropriate to accommodate such equipment as approved by the Department.

Underground Wiring For Subdivisions. All electric and telephone distribution lines shall be installed underground, except those overhead distribution feeder lines necessary to serve that subdivision and in locations as approved by the Department. Cable switching enclosures, pad-mounted transformers, and service pedestals may also be installed above ground and may be installed as a part of the streetlighting standards where approved by the Department. The Department may approve aboveground installations in whole or part for non-residential subdivisions only when a request is submitted by the developer with documentation that supports the impracticability of installing such utility lines underground.

Section 405.04.090 Streets.

[CC 1990 § 31-04-09; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]

Improvements.

All streets shall be graded and the roadway improved by surfacing. Roadway surfacing shall be in accordance with City standards and specifications. All grading and surfacing shall be done under observation and inspection of the City of Chesterfield and shall be subject to its approval. The treatment of the intersection of any new street with a State highway and any additional required widening of an adjoining State highway shall be subject to approval by the District Engineer of the State of Missouri Department of Transportation.

At such times as a subdivision is proposed adjacent to an existing street, that street shall be improved to current City specifications. Additional right-of-way and the cost of improvement of half of the right-of-way adjacent to the proposed subdivision shall be included in the overall subdivision improvements. The improvements shall be made to current City specifications and standards.

In certain cases involving the subdivision of a tract or tracts of land, the reservation of right-of-way areas may be required for future road improvements as authorized by the preliminary plat for that tract.

Street Standards. The arrangement, character, extent, width, grade, and location of all streets shall be considered in their relation to existing and proposed streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. The following standards shall apply:

General Standards. These apply to residential and non-residential types of subdivisions.

The developer shall make provision for the extension and relocation of major, collector, and local streets which affect the property. Streets normally shall connect with streets already established, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivision tracts. Permanent pavement terminus locations shall be constructed with appropriate pavement circles and/or pavement loops to provide for the necessary continuous turning movements.

Where a subdivision abuts or contains an existing or proposed major street, the Department may require frontage or service streets, double frontage lots with screen planting, and non-access strips at the rear of such lots.

Street intersection jogs or discontinuities with center-line offsets of less than one hundred (100) feet shall be avoided.

Reserved strips of land which control or limit access at the terminus of streets are prohibited.

A tangent of less than one hundred (100) feet in length shall be avoided between reverse curves on major and collector streets.

A subdivision entrance street shall intersect the major or collector street with an interior angle between seventy degrees (70°) and ninety degrees (90°) and be positioned to provide adequate sight distance along each intersecting roadway as determined by the City of Chesterfield.

All streets intersecting major or collector streets shall be directly opposite existing or other proposed streets or shall be a minimum of three hundred (300) feet distant as measured between street center lines.

Where a collector street enters or connects with a major street, intersection geometrics shall be provided as directed by the City of Chesterfield. Additional traffic lanes or other widening, pavement thickness, drainage facilities, granular base, traffic control devices, and other improvements may be required to accommodate heavy traffic volumes, unsuitable soil conditions, steep grades, or other conditions.

All public and private streets shall have standard right-of-way widths and shall be constructed to City of Chesterfield standard specifications.

Any subdivision platted along an existing street shall provide additional right-of-way, not to exceed twenty (20) feet on either side.

(1)

When the subdivision is located on one side of an existing street, required right-of-way width shall be provided measured from the center line of the right-of-way as originally established or as traveled. The center line must meet requirements of the City of Chesterfield with regard to radius when located on a curved roadway.

(2)

Additional right-of-way beyond twenty (20) feet may be requested by the City of Chesterfield subject to approval by the Department. Appeals to this requirement are subject to the provisions of Article 02 of this UDC.

The Department may require a street to be dedicated to public use wherein it is deemed in the best interest of the traveling public in order to provide circulation.

No building permit may be issued for any lots abutting a temporary turnaround as shown on any recorded subdivision plat unless and until the temporary turnaround is actually constructed and has been approved by the City of Chesterfield. In addition, no building permit will be issued for display units on proposed lots that would be located where temporary turnarounds are required. The Department may grant a variance, provided that the following conditions are met:

(1)

The developer submits to the Department statements from all prospective lot purchasers affected by the temporary turnaround, excluding the developer himself/herself, declaring that they agree to the use of their driveways for executing the turnaround movements at the terminus of the street and acknowledging that any repairs made necessary due to damage to the driveway caused by the use of their driveway for the turnaround movement shall in no way be deemed the responsibility of the City of Chesterfield; and

(2)

Provide an easement for the turnaround movement approved by the City of Chesterfield.

A subdivision plat involving new or existing streets crossing railroad tracks shall provide adequate rights-of-way, including approach rights-of-way and slope easements for construction of an underpass or overpass, unless otherwise specified by the Planning Commission. Approval of the Public Service Commission and the City of Chesterfield must be received in connection with all railroad crossings.

Maintenance of private streets shall be the sole responsibility of the property owners or trustees of the subdivision.

When streets are proposed as private, the developer shall be required to have a trust indenture and a statement on the record plat establishing the method for providing continuous maintenance of streets, as well as storm sewers.

Any public roads proposed within a development and located within the floodplain shall be protected from flood damage as directed by the City of Chesterfield.

Signs Required For Private Streets.

(1)

Subdivisions built with private streets after the effective date of this UDC shall be required to have a sign prominently displayed at the entrance(s) to the private streets. These signs shall comply with standards established by the Department [minimum size twelve (12) inches by eighteen (18) inches] and shall contain the following required disclosure language (appropriate to the situation):

"The streets in this subdivision are private. The (Pick one from the list in brackets) [owners or homeowners' association or condominium association] is responsible for all repairs and maintenance."

(2)

Installation of these signs shall be the responsibility of the developer, and the cost for same shall be included in the escrow established for subdivision improvements. The developer shall be responsible for all maintenance and/or replacement of these signs until such time as all of the trustees are residents of the subdivision, at which time the trustees will be responsible for all maintenance and/or replacement of these signs.

Sleeves for future electric and water services shall be installed to any non-paved area isolated by street pavement. The sleeve shall extend one (1) foot beyond pavement and shall be marked with a metal marking wire for future tracing.

Residential Standards. In addition to the above, the following shall apply for residential developments:

A minimum radius of twenty (20) feet at street right-of-way intersection and a minimum radius of thirty-two (32) feet at the back of the curb or edge of pavement shall be required. Greater radii may be required at the intersection and at the back of curb or edge of pavement of a street with a major or collector street as directed by the City of Chesterfield. The Department may permit comparable cutoffs or chords in lieu of rounded corners.

All stub streets shall be constructed with a temporary turnaround.

Signs Required For Stub Streets.

(1)

All stub streets built after the effective date of this UDC shall have a sign prominently posted at the end of the street and a sign prominently posted at the entrance to the stub street. These signs shall comply with standards established by the Department [minimum size twelve (12) inches by eighteen (18) inches] and shall contain the following required disclosure language:

"This is a temporary stub street. This street to be extended as part of future development."

(2)

All stub streets proposed after November 17, 1997, shall be designed to meet the minimum requirements set forth in the matrix tables in Section 405.04.090(C) of this Article which follows. Consideration should be given to the fact that a stub street which is classified as a local street for the current development may be required to be reclassified as a collector street when adjacent developments are constructed. When this possibility exists, the City of Chesterfield shall require that the stub street be constructed to collector street standards as set forth in the matrix tables in Section 405.04.090(C) of this Article.

All streets shall be designed to meet the minimum requirements set forth in the matrix tables which follow in Section 405.04.090(C) of this Article, with the exception of large-lot subdivisions to which such requirements are not applicable. These matrix tables are designed to provide the maximum allowable flexibility in street construction standards, while at the same time insuring the protection of the public interest. The widths of right-of-way and pavement are allowed to vary as functions of the type of street and the corresponding intensity of use.

Roadway easements for the servicing of large-lot subdivisions shall have a minimum width of fifty (50) feet.

Streets within subdivisions in the NU Non-Urban District utilizing the density development procedure shall have a minimum pavement width of twenty-four (24) feet and shall be private.

A street on which residential lots front and which parallels but is not adjacent to a railroad right-of-way shall be at a distance from the railroad right-of-way sufficient to provide lots with a minimum depth of one hundred sixty (160) feet.

The pavement width set forth in the matrix tables found in Section 405.04.090(C) of this Article which follows does not allow for parking, nor will parking be permitted on the streets. For each parallel parking space adjacent to these streets an additional width of ten (10) feet shall be provided. Additional parking requirements shall be as provided herein and by the standards established by the Commission.

All developments with lots solely fronting on major streets should have a turnaround maneuvering area which eliminates having to back out onto streets.

Alleys.

(1)

Alleys may be provided in a residential district and shall be at least twenty (20) feet wide and shall be constructed according to City standards.

(2)

Alleys with one-way traffic and designed as a loop for proper traffic circulation shall have at least fourteen (14) feet of pavement width, be located in a twenty-foot easement, and be constructed according to City standards.

(3)

All alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be designed to permit safe vehicular movement.

(4)

A dead-end alley shall have an adequate turnaround facility at its termination.

Blocks shall not exceed one thousand five hundred (1,500) feet except as the Department deems necessary to secure the efficient use of land or desired features of street layout.

Street Specification Matrix Tables.

The following is the Street Specification Matrix Table providing general requirements:

Matrix 1: Street Specification Matrix-General Requirements
District	Street Type	Minimum Frontage at Building⁴ (feet)	Maximum Right-of-way⁶ (feet)	Maximum Loop Length/ Lots Served	Cul-de-sac Length/ Lots/ Units Served	Pavement Width/ Lots Served (feet)
R-1, E-2AC and E-1AC	Local	125	44 if loop or cul-de-sac; 50 if otherwise¹	2,800 feet	800 feet	26⁷
	Local	125	44 if loop or cul-de-sac; 50 if otherwise¹	45 lots	13 lots	26⁷
	Collector³	125	60	—	—	38
R-1A, E-1/2AC	Local	100	50	2,600 feet	750 feet	26⁷
	Local	100	40²	50 lots	15 lots	26⁷
	Collector³	100	60	—	—	38
R-2	Local	85	50	2,450 feet	700 feet	26
	Local	85	40²	56 lots	16 lots	26
	Collector³	85	60	—	—	38
R-3	Local	70	50	2,310 feet	660 feet	26
	Local	70	40²	81 lots	23 lots	26
	Collector³	70	60	—	—	38
R-4	Local	60	50	2,200 feet	630 feet	26
	Local	60	40²	78 lots	25 lots	26
	Collector³	60	60	—	—	38
R-5	Local	50	50	2,100 feet	600 feet	26
	Local	50	40²	91 lots	26 lots	26
	Collector³	50	60	—	—	38
R-6A	Local	On review	55	On review	On review	32
	Local	On review	45⁴	On review	On review	32
	Collector³	On review	60	On review	On review	38
R-6	Local	On review	55	On review	On review	32
	Local	On review	45⁴	On review	On review	32
	Collector³	On review	60	On review	On review	38
R-7	Local	On review	55	On review	On review	32
	Local	On review	45⁴	On review	On review	32
	Collector³	On review	60	On review	On review	38
R-8	Local	On review	55	On review	On review	32
	Local	On review	45⁴	On review	On review	32
	Collector³	On review	60	On review	On review	38

NOTES:
¹	Exception: In the R-1 Zoning District, where the minimum lot frontage is one hundred twenty-five (125) feet, sidewalks may be omitted on loop streets of not more than twenty-six (26) lots and on cul-de-sac streets of not more than thirteen (13) lots. The right-of-way requirement would then be thirty-four (34) feet, with additional easements as required for drainage and utilities; however, a minimum building line of forty (40) feet shall be maintained.
²	In any residential zoning district where eight (8) or fewer single-family lots, including corner lots, are proposed on a cul-de-sac street which will not contain sidewalks, a forty-foot right-of-way is permitted with additional easements as required for drainage and utilities.
³	Right-of-way and pavement widths indicated are minimum requirements. Additional widths may be required based on traffic study as directed by City of Chesterfield.
⁴	Minimum frontage is a function of lot size and is determined as explained in Section 405.04.080(B) of this Article.
⁵	Where no sidewalks are required, a forty-five-foot right-of-way is permitted with additional easements as required for drainage and utilities.
⁶	As an option, the right-of-way width may be reduced by ten (10) feet with the placement of required sidewalks within a five-foot-wide sidewalk, maintenance, utility and roadway widening easement. If said option is chosen, the distance from the established right-of-way to the building line shall be increased by five (5) feet.
⁷	Twenty-six-foot standard; twenty-foot standard if designed as a loop or cul-de-sac street, provided that the cul-de-sac does not serve more than thirteen (13) lots and loops limited to forty-five (45) lots.

The following is the Street Specification Matrix Table providing criteria and standards for turnarounds:

Matrix 2: Street Specification Matrix-Criteria and Standards for Turnarounds
District	Street Type	Criteria and Standards
E-2AC, E-1AC, E-1/2AC, R-1, R-1A	Local	54-foot, radius right-of-way, 42-foot pavement radii, 26-foot pavement width with island optional
E-2AC, E-1AC, E-1/2AC, R-1, R-1A	Collector	Optional: 62-foot radius road maintenance and utility easement, 55-foot radius right-of-way, 55-foot pavement radii, 24-foot pavement width for turnaround only
R-2, 15,000 sq. ft.	Local	54-foot radius right-of-way, 42-foot pavement radii, 26-foot pavement width with island optional
R-2, 15,000 sq. ft.	Collector	Optional: 62-foot radius road maintenance and utility easement, 55-foot radius right-of-way, 55-foot pavement radii, 24-foot pavement width for turnaround only
R-3, 10,000 sq. ft.	Local	54-foot radius right-of-way, 42-foot pavement radii, 26-foot pavement width with island optional
R-3, 10,000 sq. ft.	Collector	Optional: 62-foot radius road maintenance and utility easement, 55-foot radius right-of-way, 55-foot pavement radii, 24-foot pavement width for turnaround only
R-4, 7,500 sq. ft.	Local	54-foot radius right-of-way, 42-foot pavement radii, 26-foot pavement width with island optional
R-4, 7,500 sq. ft.	Collector¹	Optional: 62-foot radius road maintenance and utility easement, 55-foot radius right-of-way, 55-foot pavement radii, 24-foot pavement width for turnaround only
R-5, 6,000 sq. ft.	Local	54-foot radius right-of-way, 42-foot pavement radii, 26-foot pavement width with island optional
R-5, 6,000 sq. ft.	Collector	Optional: 62-foot radius road maintenance and utility easement, 55-foot radius right-of-way, 55-foot pavement radii, 24-foot pavement width for turnaround only
R-6A	Local	26-foot pavement, 42-foot outer pavement radius, inner pavement radius 16-foot when designed with optional island
R-6A	Collector	Not applicable
R-6	Local	26-foot pavement, 42-foot outer pavement radius, inner pavement radius 16-foot when designed with optional island
R-6	Collector	Not applicable
R-7	Local	26-foot pavement, 42-foot outer pavement radius, inner pavement radius 16-foot when designed with optional island
R-7	Collector	Not applicable
R-8	Local	26-foot pavement, 42-foot outer pavement radius, inner pavement radius 16-foot when designed with optional island
R-8	Collector	Not applicable

NOTE:
¹	Right-of-way and pavement widths indicated are minimum requirements. Additional widths may be required based on traffic study as directed by the City of Chesterfield.

Non-Residential Standards. In addition to those standards described elsewhere in Section 405.04.090 of this Article, the following shall apply to non-residential developments:

Pavement Width And Right-Of-Way.

All streets in a non-residential subdivision shall be designed to meet at least the minimum requirements of pavement width and right-of-way width as set forth in the following table, except where additional requirements are determined by the Department to be necessary in which case the Department shall receive prior determination from the City of Chesterfield.

Non-Residential Subdivision Street Design Criteria
Type of Street	Minimum Right-of-Way (feet)	Minimum Pavement Width (feet)	Minimum Road Maintenance and Utility Easement in feet on both sides of Right-of-Way
Local access and minor	40	26	10
Collector	50	38	10
Major	60	51	10

Minimum pavement widths shown above are to be measured from back to back of curbs.

Collector streets in a non-residential subdivision may be built in two (2) stages of two (2) lanes each stage.

A minimum radius of thirty-two (32) feet at the back of the curb or edge of pavement shall be required at all local street intersections in a non-residential subdivision, except tracts developed in an M-1, M-2, M-3, LI, or PI Industrial Zoning District, which shall require a minimum radius of forty-five (45) feet at all street intersections. Intersections of major and collector streets shall require intersection geometries as directed by the City of Chesterfield.

All curbs shall be six-inch minimum vertical curb with appropriate wheelchair ramps where sidewalks are required.

Culs-De-Sac.

The Department may approve culs-de-sac of more than six hundred (600) feet in non-residential subdivisions, but all such culs-de-sac shall have a turnaround with a minimum diameter at the back of the curb of at least one hundred ten (110) feet. In some cases, the Department may determine that a diameter of eighty-four (84) feet is appropriate where parking areas can be utilized for turnaround movements.

Islands shall not be required in turnarounds in a non-residential subdivision.

Alleys. Alleys or other provisions for service access may be required by the Department in non-residential subdivisions only where other provisions have not been made for service access, such as off-street loading, unloading, and parking, which provisions are adequate for the uses proposed within the subdivision.

Right-Of-Way Dedication At Railroad Crossings. There shall be no requirement for a non-residential subdivision to provide for rights-of-way, including approach right-of-way and slope easements, for construction of an underpass or overpass where a street in a non-residential subdivision crosses railroad tracks, except in the case of major and collector streets as defined elsewhere in this Article. Where at-grade crossings of railroad tracks occur, the installation of electric warning signals or other precautionary measures may be required if deemed by the Commission to be necessary for the public safety. Approval of the Public Service Commission and the City of Chesterfield is required for all railroad crossings.

Private Streets.

Private streets may be permitted in non-residential subdivisions.

The pavement thickness of such streets shall be constructed to City standards.

Street Names.

Proposed through or collector streets which are continuations of, or in general alignment with, existing named streets shall bear the names of such existing streets.

The name of a proposed street which is not in alignment with an existing street shall not duplicate the name of any existing or platted street.

All the names of streets proposed by the subdivider shall be approved by the United States Postal Service, Customer Services Department, and the Department prior to submitting the proposed record plat for review.

Street Signs.

Reflectorized street signs bearing the name of the street, as designated on the record plat, shall be placed at all street intersections.

The City of Chesterfield shall approve the location and inspect the installation of street name signs in all subdivisions.

The size, height, and type of sign shall be in accordance with the specifications of the City of Chesterfield.

Street signs shall not be required for large-lot subdivisions other than at each intersection of a designated private roadway easement with an existing or proposed public street.

Disclosure Of Responsibility For Street Maintenance.

So long as there shall be a private street or a street not accepted by the City of Chesterfield for maintenance within any subdivision, no person shall sell, lease, rent, offer to sell, lease or rent, or advertise for sale, lease or rental, any dwelling unit or non-residential property without disclosing to each prospective purchaser or tenant his/her responsibility with respect to subdivision streets in the manner required by this Section. For the purpose of this Section, "prospective purchaser or tenant" includes any person making inquiry of any responsible party with respect to purchase, rental, or lease of a dwelling unit or non-residential facility.

Required Disclosure.

Disclosure shall be made to each prospective purchaser or tenant in substantially the following form, where applicable:

"The streets in this subdivision are private. The owners, homeowners' association, or condominium association is responsible for all repairs and maintenance."

"The construction design of these streets has been approved by the City. Until such time as streets are accepted by the City for maintenance, the owners, homeowners' association, or condominium association will be responsible for all repairs and maintenance."

"The streets in this subdivision which are constructed below the flood elevation are private. The owners are responsible for all repairs and maintenance."

Such modifications of the above language shall be made, and only such modifications may be made, as are necessary to plainly and accurately portray the current and future status of subdivision streets. Any reference in such disclosure to a board of trustees or managers or similar persons shall further disclose the manner of selection of existing and future trustees or managers and the manner in which any costs borne by such persons will be defrayed.

Responsible Parties. The requirements of this Section shall be complied with by any developer, development corporation, lender, title company, real estate broker, corporation, agent, manager or management corporation, and each agent or employee of any of the foregoing to the extent of involvement in marketing of subdivision property.

Specific Requirements. It is the responsibility of each responsible party to accomplish the disclosure required by this Section. Without limiting the generality of this obligation, a copy of the required disclosure, in any event:

Shall be prominently posted in the sales office;

Shall be contained in a contract for the sale, lease, or rental of a dwelling unit or non-residential facility, and if not printed in red letter or similar contrasting and noticeable colors, shall be specifically pointed out to a prospective purchaser or tenant prior to execution of any such contract; and

Shall be printed in readily legible type on any map or plat used for marketing purposes.

Exceptions. The disclosure required by this Section need not be made:

In advertising by billboard, radio, television, or newspaper.

By a person presently owning or leasing and who has never owned or leased within the subdivision or development more than the single unit which is proposed to be sold, leased, subleased, or rented.

Preapproval Of Modified Disclosure.

Any proposed modification of the language of the required disclosure shall be submitted to the Director or officer appointed by the City Council for approval prior to use.

The Director or officer appointed by the City Council shall approve any modification which is factually accurate and serves to inform a prospective purchaser or tenant at least as well as the language set forth above.

Any approved modification of the required disclosure may be used in lieu of the above language so long as the same is factually accurate.

Section 405.04.100 Driveway Access Location And Design Standards.

[CC 1990 § 31-04-10; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]

Purpose. The purpose of the Chesterfield Driveway Access Location and Design Standards is to recognize the City's desire to minimize the number of permitted access points in an effort to improve traffic flow, minimize congestion, and enhance the public safety. The number of access points may be restricted, even to the extent that all other criteria may be met.

Scope Of Provisions. The Chesterfield Driveway Access Location and Design Standards are supplemented and qualified by additional general regulations as published by the Department and other appropriate departments of the City and are incorporated as part of these design standards by reference.

General.

The specifications and guidelines set forth in this Section are to be applied to all roadways and properties that abut roadways within the City, unless otherwise indicated.

This Section shall be deemed to be supplemental to other Sections regulating the use of public property, and in case of conflict, this Article shall govern.

Adequate sight distance to observe roadway traffic shall be provided for a vehicle entering a roadway from a driveway.

Upon the petitioner establishing unique and unusual circumstances that make it difficult to apply these standards, the petitioner's engineer, after establishing the unique and unusual circumstances, may apply for a variance to the recommended dimensions set forth in this Article if warranted by specific traffic conditions. The Department may approve said deviation only upon the establishment that it is in the public interest that same be approved.

It shall be unlawful for any person to cut, break, or remove any curb along a street, except as granted by the issuance of a special use permit or the approval of improvement plans.

It shall be unlawful for any person to construct, alter, or extend, or permit or cause to be constructed, altered, or extended, any driveway approach adjacent to a public street that can be used as a parking space on the area between the curb and private property. No parking behind the curb, within the public right-of-way, is permitted.

Location Of Driveway Access.

In making a determination as to the location of driveway access, the Department shall consider:

The characteristics of the proposed land use;

The existing traffic flow conditions and the future traffic demand anticipated on the development and the adjacent street system;

The location of the property;

The size of the property;

The orientation of structures on the site;

The number of driveways needed to accommodate anticipated traffic;

The number and location of driveways on existing adjacent and opposite properties;

The location and carrying capacity of adjacent intersections;

Proper geometric design of driveways;

The spacing between opposite and adjacent driveways;

Internal circulation between driveways;

The speed of traffic on the adjacent roadway;

Pedestrians, sidewalks, cyclists, and other modes of transportation; and

Surrounding terrain and vegetation, relative to sight distance.

Non-residential developments shall not be permitted driveway access that requires backing maneuvers in a public street right-of-way for parking or loading areas.

A single-family housing unit's driveway access shall not be restricted relative to backing maneuvers; however, whenever possible, driveway access to arterial and collector streets for a single-family housing unit shall utilize turnouts or a circular type driveway.

One (1) curb cut shall be allowed for access to single-family residential lots. More than one (1) curb cut may be allowed upon approval by the City Engineer.

For corner tracts, access to residential lots shall be provided from the lesser (lowest classification) street. The determination as to the lesser (or greater) street shall be made by the City Engineer and based on the functional street classification and traffic.

Driveway access to gated developments shall be as approved by the City Engineer. At a minimum, a stacking distance of sixty (60) feet shall be provided, and a turnaround for rejected vehicles, designed to accommodate a single unit truck, must be provided in advance of the gate.

No cuts through a left-turn reservoir of a median shall be permitted in order to provide for left-turn movements to driveway approaches.

Driveways in right-turn-lane transition areas shall be as approved by the Department.

When a commercial, industrial or multifamily development abuts more than one (1) public street, access to each abutting street may be allowed only if the following criteria are met:

It is demonstrated that such access is required to adequately serve driveway volumes and will not be detrimental or unsafe to traffic operations on public streets. The Department may require the submittal of a traffic study, which demonstrates that such access is required.

The minimum requirements, as set forth in Figure A2, for corner clearance for commercial or multifamily driveways are met.

The proposed access does not promote cut-through traffic.

It is demonstrated that such access is required to adequately provide access for emergency responders.

Spacing Of Driveway Access.

Application of the Chesterfield Driveway Access Location and Design Standards requires identification of the functional classification of the street on which access is requested and then application of the appropriate spacing requirements.

The functional classification of streets in the City is identified on street maps maintained by the Department. The functional classification of any street in the City not indicated as an arterial or collector street on this plan shall be determined using the functional street classification defined by the American Association of State Highway and Transportation Officials (AASHTO) Green Book, A Policy on Geometric Design of Highways and Streets.

Driveway access spacing shall be measured from the center line of the proposed driveway pavement to the nearest edge of the roadway pavement (paved shoulder or back of curb) of the adjacent or opposite driveway or street as indicated in Figure A1. The driveway spacing requirements shall not apply to single-family lots accessing local streets.

Figure A1 - Measuring Driveway Access

Opposite right driveways shall be located no closer than the minimum requirements of Table A1.

Table A1: Opposite Right (Downstream) Drive Spacing
Street Classification	Required Minimum Spacing, (feet)	Exception to Required Minimum Spacing¹ (feet)
Major arterial	400	300
Minor arterial	350	225
Collector	300	175
Local street²	225	125

NOTES:
¹	Exceptions to the required minimum spacing may be requested for existing developments with insufficient frontage and approved by the Department. In addition, drives with higher volumes may require greater offsets.
²	The driveway spacing requirements shall not apply to single-family lots accessing local streets.

Additional opposite right spacing over and above that set forth in Table A1 may be required if it is determined by the Department that there is insufficient left-turn storage or weave maneuver area between the opposite right and proposed driveway. This determination shall be made under peak traffic conditions.

A minimum of one hundred (100) feet shall be required for opposite left drives for all street classifications where no center-line medians are constructed.

If the center line of an opposite drive is less than fifteen (15) feet from the center line of the proposed drive, the drives form an intersection and the minimum spacing requirements shall apply for the closest adjacent drive.

Adjacent drives shall be located no closer than the minimum requirements of Table A2.

When necessary, and to maximize spacing and limit access points, the Department may require shared access.

Table A2: Adjacent Drive Spacing
Street Classification	Required Minimum Spacing (feet)	Exception to Required Minimum Spacing¹ (feet)
Major arterial	350	275
Minor arterial	300	230
Collector	235	185
Local street²	150	100

NOTES:
¹	Exceptions to the required minimum spacing may be requested for existing developments with insufficient frontage and approved by the Department. In addition, drives with higher volumes may require greater offsets.
²	The driveway spacing requirements shall not apply to single-family lots accessing local streets.

Corner Clearance. Corner clearance for driveway access shall meet or exceed the minimum driveway spacing requirements for that roadway. When minimum spacing requirements cannot be met due to lack of frontage and all means to acquire shared access drives or cross access easements have been exhausted, the following requirements shall apply:

At intersections of arterials with channelized right-turn lanes with yield control, a corner clearance distance in accordance with those set forth in Figure A2 shall be required for the first downstream driveway. This distance shall be measured from the channelized median to the nearest edge of the proposed driveway as indicated in Figure A2.

Figure A2 - Downstream Corner Clearance

No driveway approach on a corner lot may be located closer than thirty (30) feet to local streets, seventy-five (75) feet to collector streets, one hundred (100) feet to minor arterials and one hundred twenty (120) feet to major arterials. This measurement shall be taken from the intersection of the prolongated property lines at the corner, as shown on Figure A2. Where applicable, easement lines shall be substituted for property lines. When these requirements cannot be met due to lack of frontage, the driveway may be located such that the radius or flare will begin at the farthest property line.

Shared Or Cross Access.

A joint private access easement may be required between adjacent lots fronting on arterial and collector streets in order to minimize the total number of access points along those streets and to facilitate traffic flow between lots. The location and dimensions of said easement shall be determined by the City Engineer.

Private cross access easements may be required across any lot fronting on an arterial or collector street in order to minimize the number of access points and facilitate access between and across individual lots. The location and dimension of said easement shall be determined by the City Engineer.

Maximum Number Of Non-Residential Entrances. The number of non-residential entrances for each property or site shall be restricted on the basis of traffic requirements as determined by the City Engineer. The maximum number allowed, if all traffic requirements are satisfied, shall be as indicated in Table A3.

Table A3: Non-Residential Entrances
Frontage (feet)	Maximum Number Non-Residential Entrances
Less than 200	1
200 to 500	2
500 to 1,000	3

Geometric Design Of Driveway Access.

Any driveway approach located within the public right-of-way shall meet the City's standards.

Edges of curb openings for driveways shall be a minimum of five (5) feet clear distance from the nearest edge of street stormwater inlets and ten (10) feet clear distance from street corner radius point.

In the case of corner lots, no parts of a driveway shall be constructed within the sight distance triangle area bounded by the property lines of a corner lot and a line connecting two (2) points on the property lines, each measured thirty (30) feet from the intersection of the two (2) property lines at the intersection.

The maximum width of residential driveway approaches measured at the property line shall not exceed twenty-six (26) feet in width, while the minimum width shall not be less than ten (10) feet.

The maximum width of commercial, industrial and multifamily driveway approaches for two-way operation shall not exceed forty (40) feet except that the City Engineer may issue permits for driveway approaches greater than forty (40) feet in width on major streets to handle special traffic conditions. The minimum width of commercial and multifamily driveway approach for two-way operation shall not be less than twenty-four (24) feet.

The combination of the width of two (2) driveways for residential circular drives shall not exceed thirty-two (32) feet, if two (2) curb cuts are approved per Section 405.04.100(D)(4) of this Article.

The angle of driveway approach shall be between seventy degrees (70°) and ninety degrees (90°) for one-way drives.

A minimum driveway throat length of forty-five (45) feet for non-residential local streets and collector streets, sixty (60) feet and eighty (80) feet for arterials, as shown in Figure A5 shall be required to allow free flow for traffic entering the site in order to avoid traffic into the development causing delays to the through traffic stream. A minimum driveway throat length of one hundred twenty-five (125) feet shall be required on signalized driveways, or longer as may be recommended by a traffic study; and a minimum driveway throat length of two hundred fifty (250) feet shall be required for commercial retail centers that have over two hundred thousand (200,000) gross feet of leasable floor area. The "driveway throat length" shall be defined as the distance from the street to the first point of conflict in the driveway.

Figure A5 - Access Points

For the benefit of traffic safety and flow on collector and arterial streets, tapered or channelized deceleration lanes for vehicles turning right into high-volume or intersection-type driveways may be required if warranted. Design of right-turn deceleration lanes shall be in accordance with the AASHTO Green Book on auxiliary lanes. The spacing requirements for driveways not meeting the specifications in Tables A1 and A2 may be lessened or waived if tapered or channelized deceleration lanes are used.

10.

Access points on arterial and collector streets may be required to be signalized in order to provide safe and efficient traffic flow. A development may be responsible for all or part of any right-of-way, design, hardware, and construction costs of a traffic signal if it is determined that the signal is necessitated by the traffic generated from the development.

Street Structures. No driveway shall interfere with public facilities such as streetlight or traffic signal poles, signs, fire hydrants, crosswalks, bus loading zones, utility poles, fire alarm supports, drainage structures, or other necessary street structures. The City Engineer is authorized to order and effect the removal or reconstruction of any driveway constructed prior to the adoption of these standards which is found to be a non-conforming structure and when the driveway needs to be reconstructed or relocated due to the evident public need. ("Public need" includes, but is not limited to, changes required for: public safety, traffic flow, pedestrian concerns, maintenance requirements, changes in street structure in the area, flood control and/or street drainage, etc.). The cost of reconstructing or relocating such driveways shall be at the expense of those creating the reconstruction or relocation need and/or those receiving the benefit.

Permits.

Any plans submitted for building approval which include or involve driveways shall be referred to the City Engineer for review and/or approval under one (1) of the two (2) following procedures before a building permit is issued:

New property development under improvement plans. Approval of driveway location and design for new properties and/or developments included in the property's improvement plan shall be considered the permit for driveway installation as submitted.

Special use permits. Any property owner desiring a new and different driveway or an improvement to an existing driveway at an existing residential or non-residential property shall make application for a special use permit, in writing, on such forms as are provided by the City, and designating the contractor who will do the work, to the City Engineer. The application shall be accompanied by a sketch or drawing clearly showing the driveway, parking area, or driveway to be connected and the measured location of the nearest existing driveways on the same or opposite sides of the roadway. The City Engineer will prescribe the construction procedure to be followed.

Special use permits are not required when an existing residential driveway is simply being removed or replaced in kind. (NOTE: Special use permits are required for any significant structure change, land use change, or property boundary change to any specific identifiable parcel of land.)

All permits granted for the use of public property under the terms of this Section shall be revocable upon a due cause showing of public need.

Penalties.

Any persons, firm, association, entity, or corporation violating any provisions of this Article, or any employee, assistant, agent, or any other person participating or taking part in, joining or aiding in the violation of any provisions of this Article shall be guilty of an ordinance violation punishable by fine of not less than five dollars ($5.00) and not more than five hundred dollars ($500.00) for each and every day that such violation continues at the discretion of the court. Each day will be considered a separate violation.

In addition to the penalties hereinabove authorized and established, the City may issue stop-work orders and the City Attorney shall take such other actions at law, or in equity, as may be required to halt, terminate, remove or otherwise eliminate any violation of this Article.

Section 405.04.110 Grading Permits.

[CC 1990 § 31-04-11; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]

Permit Required. Except as herein provided, no grading activity shall commence on any site without obtaining a grading permit from the Department. Such activities include clearing, excavation, fill or any combination thereof. A separate permit shall be required for each site; provided, however, that one (1) permit may cover both the excavation and fill made from excavated materials. An application for a grading permit shall be in writing on forms provided by the Department, and filed with the Department, and must be accompanied by a grading plan and SWPPP.

Exceptions.

A grading permit shall not be required in the following instances, provided that no change in drainage patterns or sedimentation onto adjacent properties will occur:

Grading for the foundation or basement of any building structure or swimming pool for which a building permit has been duly issued;

Grading activities on previously developed property which result in a disturbance of less than five thousand (5,000) square feet;

Grading for or by any public utility for the installation, inspection, repair or replacement of any of its facilities;

Grading of property for or by any governmental agency in connection with a public improvement or public work on said property;

Grading of land for farming, nurseries, landscaping, or gardening or similar agricultural or horticultural use whenever there is substantial compliance with recommendations or standards of the local soil conservation authority;

Grading activities in public rights-of-way covered by an appropriate special use permit;

Grading activities in quarries and permitted sanitary landfills.

While these activities are exempt from obtaining a grading permit, all grading activities are still required to adhere to all standards set forth in the City's Sediment and Erosion Control Manual.

Minimum Requirements. The Manual, as may be updated and modified by the Department, sets forth minimum requirements that must be met in order to obtain a grading permit. This document also provides guidance and additional resources to facilitate control of soil erosion on land that is undergoing development.

Application Procedure. An application for a grading permit shall be in writing on forms provided by the Department, and submitted to the Department. The application shall be completed in the form and manner prescribed by the Department and shall include required information as outlined in the Manual. The grading plan and the SWPPP shall be prepared and sealed by a licensed engineer, unless the requirement is specifically waived by the Director of Public Works.

Surety.

Performance Guarantee.

Prior to the issuance of a grading permit, the applicant shall deposit a surety with the City as described below and as required for particular sites. Said grading permit shall be issued upon the approval of the Department and the applicant depositing with the City a sum equal to that which would be required to guarantee the performance, restoration, maintenance and/or rehabilitation of said site based upon the approved grading plans and the approved SWPPP. In the case of owners, contractors or builders who have previously violated the subject and provisions of this Section, the amount of the surety shall be increased in each case based on such previous experience.

If at any time the Department determines that the surety deposited with the City is in an amount that is not sufficient to guarantee the performance, restoration, maintenance and/or rehabilitation of the site based upon the approved grading plans and the approved SWPPP, the permittee shall deposit additional surety with the City in an amount determined by the Department within fifteen (15) days after receiving notification from the Department. If the permittee does not deposit the additional surety with the City, the Department may issue a stop-work order as outlined in Section 405.02.120(H) of this UDC.

The surety shall be released as detailed in the Manual.

Any portion of the deposit not expended or retained by the City hereunder shall be refunded when the grading operation is completed and the soil and drainage conditions are stabilized to the satisfaction of the City.

The Director of Planning or the Director of Public Works may perform, or have performed, any work necessary to restore, maintain and/or rehabilitate the site based upon the approved grading plan, approved SWPPP, and/or the requirements of this Article. All costs incurred in the performance of this work shall be charged against the surety the applicant deposited for the grading permit. By applying for a grading permit, the applicant consents to the City or its contractor entering the property and holds them harmless regarding any work that they perform.

Deposits required by this Section shall be in conjunction with a deposit agreement and may be in the form of cash or letters of credit as follows:

(1)

Cash deposits shall be required when the estimate developed by the Department for the performance guarantee as set out herein is less than ten thousand dollars ($10,000.00) and in all other cases where the owners, contractors, or builders shall wish to make cash deposits, the same shall be deposited with the Director of Finance to be held in an interest-bearing account dedicated for that purpose, with all interest accruing to the City to offset administrative and other costs of maintaining the cash deposits;

(2)

An irrevocable letter of credit drawn on a local financial institution acceptable to and in a form approved by the City Attorney and the Director of Planning. The instrument may not be drawn on a financial institution with whom the developer or a related entity has any ownership interest or with whom there is any joint financial connection that creates any actual or potential lack of independence between the institution and the developer. The letter of credit shall be drawn on a local banking institution within the greater Metropolitan St. Louis area and within the State of Missouri. The letter of credit shall provide that the issuing institution will pay on demand to the City such amounts as the City may require to fulfill the obligations herein and may be reduced from time to time by a writing of the Director. The letter of credit shall be irrevocable for at least two (2) years and shall state that any balance remaining at the expiration, if not renewed, shall automatically be deposited in cash with the Director of Finance, unless a new letter of credit is issued and agreed to by the City or the City issues to the institution a written release of the obligations for which the letter of credit was deposited. The developer shall pay a non-refundable fee of two hundred dollars ($200.00) to the City with submission of a letter of credit and one hundred dollars ($100.00) for any amendment or extension thereof, to partially reimburse the City's administrative and review costs in accepting and maintaining such letter of credit.

(3)

Certificates of deposit, treasury bills, or other readily negotiable instruments, the type of which has been approved by the Director of Finance, endorsed to the City, the cash value of which shall be in an amount not less than the amount specified by the Department in its estimate of the cost for grading, restoration, maintenance, and/or rehabilitation of said site based upon the approved grading plans.

Downstream Impoundment Protection And Restoration Guarantee.

If, in the opinion of the Department, lakes, ponds, detention areas or other impoundment areas may be impacted by proposed work, the permittee shall perform pre-construction and post-construction surveys of each facility and post a bond, in a form acceptable to the City, as guarantee that the permittee will perform work in such a manner as to protect downstream facilities and will restore any damage or negative impact his/her development had on the facilities.

Pre-construction surveys shall be performed prior to any clearing, grading, demolition or other construction related to the proposed development and prior to plan approval.

An acceptable bond shall be submitted prior to plan approval.

Post-construction surveys shall be performed within twelve (12) months of the completion of the proposed development or two (2) years from the start of the development, whichever is greater.

Within three (3) months of the post-construction survey, the developer shall restore affected impoundment areas to the condition they would have been in if his/her development had not occurred.

If the owner/operator of potentially impacted facilities will not grant the developer the necessary easements to complete the surveys or restoration work, the requirements of this Subsection are null and void.

Inspections.

The applicant shall provide a qualified inspector to conduct regular inspections of the proposed development site. The qualifications of the inspector and frequency of inspection shall be as detailed in the Manual.

By applying for a grading permit, the applicant consents to the City inspecting the proposed development site and all work in progress. The applicant shall notify the City upon commencement and completion of the following: clearing, rough grading, finish grading before stabilization; and all reestablishment and construction work. Said notice shall be made as detailed in the permit issued to the applicant.

Use Of Streets During Grading Operations.

Notice. At least five (5) working days prior to the use of any street in the City by trucks or hauling or grading equipment engaged in grading activities in the City which requires the use of the streets maintained by the City, the contractor in charge may be required to submit a written report to the Department, specifying the kind and description of trucks or hauling or grading equipment, and the loaded, and unloaded weight of trucks and hauling equipment, and the number of each and the length of time they will be required to use the streets of this City. The contractor shall furnish the Department with all other information required of him/her to estimate or determine the amount of wear and tear, or damage, if any, that may be caused to streets by such usage. The applicant shall also provide the Department visual documentation, such as a video, and/or photographs, of the existing condition of the streets to be used. Before construction actually commences or while the work on the streets is in progress, the Department may require the applicant to post a pavement restoration bond, in such sum as is directed by the Department, with the City to guarantee the City compensation for any damage to streets, curbs, sidewalks or public facilities.

Routes. The Department shall, at least two (2) working days before the commencement of work and usage of the streets of the City, notify the contractor of the route or routes to be used by such trucks and equipment. The permittee and contractor shall be charged with the duty of seeing that the trucks or equipment use only the route or routes approved by the Department. In the event of any emergency requiring a change in route or routes, or if the Director of Public Works finds or determines that any route or routes so designated are not safe or that excessive damage is being caused to any street or streets in the City by such usage, or if he/she finds the welfare of the City so requires, he/she may, upon one (1) days' notice to the permittee and contractor, order that the trucks or equipment use only the alternate route or routes so designated by the Director of Public Works.

Inspection. The Director of Public Works shall cause a thorough inspection to be made of the condition of the pavement of the streets designated and used under the permit, as well as the curbs and sidewalks, and shall make written reports of his/her findings, including with his/her report after termination of the work, his/her estimate of the cost of restoring the street, curbs and/or sidewalks to their original condition.

Damage To Streets, Etc. At the time the Department approves the route or routes to be used as provided in this Section, the applicant shall be notified that the City will hold the applicant liable for unusual wear and tear or damage to the streets, curbs, and sidewalks resulting from such usage, and that acceptance of the route or routes by the applicant shall constitute an agreement on his/her part to pay the reasonable cost of restoring the streets, curbs and sidewalks in question to their original condition. Within thirty (30) days after notification, the applicant shall cause the streets, sidewalks and curbs to be restored to their original condition. Failure to effect the repairs shall be cause for action against the surety.

Construction Dirt, Debris, Waste.

BMPs At Construction Site. After excavation or construction is commenced on any lot or tract of land in the City, and until sodding, planting, concreting, paving or other final surfacing is in place which will avoid washing or spreading of dirt and mud onto other property, sidewalks, curbs, gutters, streets and the space between sidewalks and curbs, the permittee, the owner of the property, contractor or developer in charge of work shall construct and maintain temporary siltation control devices or other approved measures to prevent such washing or spreading of mud or dirt. As may be required throughout the day, during the course of excavating or construction, dirt and mud on the sidewalks, curbs, gutters and streets, and the space between sidewalk and street resulting from work must be removed.

Removing Mud From Vehicle Wheels. The permittee, owners, contractors, and developers, jointly and severally, shall provide their personnel with shovels, a wash-down station, or other equipment as necessary to remove dirt from the wheels of all vehicles leaving any clearing or grading site where mud has accumulated on the wheels, before such vehicles enter any public or private street of the City. It shall be unlawful for the permittee, or any owner, contractor, developer to permit any vehicle to leave such place with mud on the wheels which is liable to be dispersed over any public or private street of the City, and it shall be unlawful for any driver of a vehicle to enter upon the public or private streets of the City without having removed or had mud removed from the wheels prior to such entry. Each occurrence shall be a separate offense.

Spilling Materials On Streets. The permittee, owners, contractors, and developers, jointly and severally, who may load dirt, mud or other materials on any vehicle at any grading site in the City, during construction or otherwise, shall so load the same that no portion thereof shall be spilled or be liable to be spilled on the streets of the City in violation of this provision, and it shall be unlawful for any driver to operate a vehicle on the streets of the City which is loaded in such manner that it spills or is liable to spill mud, dirt, or other materials on the streets.

Boards Over Sidewalks. Boards, tracks, or other protection must be laid over sidewalks, curbs and gutters to avoid dirt and mud accumulating therein, as completely as possible and to prevent breakage or damage to such installations of whatever material constructed. Damage to walks, curbs and gutters will be repaired by the permittee, owner, contractor, or developer, or the Director of Public Works may, upon ten (10) days' notice, cause to have them repaired at the permittee's, owner's, contractor's or developer's expense.

Waste Material. During the course of construction, excavation, or grading, the permittee, owners, contractors, and developers are required to collect and dispose of all paper, refuse, sticks, lumber and other building waste, and all other waste material, and to prevent the same from blowing or otherwise being scattered over adjacent public or private property. Any waste material that is blown or scattered over the site, as well as on any adjacent public or private property, shall be picked up daily, and disposed of properly. Washout from concrete trucks must be controlled in a manner so as not to adversely impact the site, adjacent public or private property, or adjacent streams and storm sewer systems.

Sanitary Facilities. Adequate provisions must be made for sufficient temporary sanitary facilities to serve the number of workers on the site.

Planting Ground. All disturbed areas shall be sodded, planted, concreted, paved or otherwise surfaced within five (5) calendar days after completion of each phase of work to avoid washing or spreading of dirt and mud onto other property, sidewalks, curbs, gutters, streets and the space between sidewalks and curbs. If determined by the City that an undue hardship exists because of unfavorable ground conditions, the City may grant an extension of time by which the disturbed areas have to be surfaced.

Grading. All grading activity shall be conducted in conformance with the hours of operations as specified in the UDC, as may be amended or replaced.

Spill Prevention And Control Facilities.

The permittee shall take appropriate measures to prevent spills and shall develop necessary control facilities for materials such as paint, solvents, petroleum products, chemicals, toxic or hazardous substances, substances regulated under the Resource Conservation and Recovery Act (RCRA) or the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and any wastes generated from the use of such materials and substances, including their containers. Any containment systems employed to meet this requirement shall be constructed of materials compatible with the substances contained and shall be adequate to protect both surface water and groundwater.

On-site fueling facilities shall adhere to applicable federal and state regulations concerning storage and dispensers.

Enforcement.

Agency Responsibility. Enforcement of this Section shall be the responsibility of the City of Chesterfield or official(s) as determined by the City.

Responsible Parties For Enforcement Purposes; Defined. The party or parties responsible and liable for actions or non-action taken in relation to this Article, including responsibility for abating violations of this Article, shall be the owner, applicant, any coapplicants, permittee, contractor, developer and any other responsible party and employees thereof.

Complaints. The City shall receive complaints and inquiries and route the complaint/inquiry to the appropriate responsible enforcement agency.

Wetland Mitigation For Chesterfield Valley Area. A program that provides required mitigation for jurisdictional wetland areas in Chesterfield Valley has been approved by the United States Army Corps of Engineers and funded and constructed by the City of Chesterfield and the Monarch-Chesterfield Levee District. Prior to approval of grading and improvement plans on any parcel in Chesterfield Valley on which jurisdictional wetlands have been identified, the developer/property owner shall reimburse a pro rata share of the cost of development of the mitigation area.

Natural Watercourse Protection.

No clearing, grading, excavation, construction or disturbance of any kind is permitted within fifty (50) feet of the top of bank of Bonhomme Creek, Caulks Creek or Creve Coeur Creek, or within twenty-five (25) feet of the top of bank of all other natural watercourses depicted on the most current United States Geological Survey (USGS) 7.5 Minute Series (Topographic) Maps for the City of Chesterfield, Missouri (buffer areas). Permanent vegetation and existing ground elevations and grades within the above-mentioned buffer areas shall be left intact and undisturbed except as permitted in Section 405.04.110(M)(2) of this Article. If no top of bank is apparent, the ten-year, twenty-four-hour or fifteen-year, twenty-minute water surface elevation will determine the top of bank. The top of bank and the buffer area shall be depicted on the grading plan.

The following structures, practices and activities are permitted in the buffer areas:

Roads, bridges, trails and utilities approved by the Director of Public Works are permitted within the buffer areas, provided that an alternative analysis has clearly demonstrated that no other feasible alternative exists and that minimal disturbance will take place. Following any disturbance, the impacted area shall be restored.

Stream restoration projects are permitted within the buffer area.

Horticultural practices may be used to maintain the health of the natural vegetation. Individual trees may be removed which are dead, diseased and/or dying, are in danger of falling, causing damage to nearby structures, or causing the blockage of the watercourse.

Penalties For Violation. See Article 08 of this UDC for penalties for violation of this Section of the UDC.

Section 405.04.120 Stormwater Standards.

[CC 1990 § 31-04-12; Ord. No. 2801 § 3 (Exh. A), 6-16-2014; Ord. No. 3241, 6-20-2023]

General.

The purpose of this Section is to provide standards and regulations governing land development in order to reduce or prevent flooding and at the same time minimize damage to real property.

During the construction phase of development, facilities shall be provided to prevent erosion and siltation in accordance with the City's Sediment and Erosion Control Manual.

The City of Chesterfield hereby adopts by reference The Metropolitan St. Louis Sewer District (MSD) Rules and Regulations and Engineering Design Requirements for Sanitary Sewer and Stormwater Drainage Facilities, February 1, 2018. The City of Chesterfield, unless otherwise acted upon, shall adopt by reference any changes made by MSD to the standards effective as of February 1, 2018.

Ability To Waive Requirements. The Director of Public Works is empowered to grant exceptions to the stormwater standards on a case-by-case basis when specific requirements are onerous and inappropriate for a particular development.

In addition to the standards as promulgated by MSD, the City of Chesterfield hereby supplements those standards which will be added to and effective in the City of Chesterfield as of the new MSD standards and shall read as follows:

General.

(1)

Compacted granular backfill is required within trenches located in the right-of-way and adjacent areas. (This includes sidewalks that are installed on easements adjacent to the right-of-way.)

(2)

Siltation control measures are to be designed, constructed and maintained until adequate vegetation is established to prevent erosion.

(3)

The adequacy of any existing downstream storm sewer system is to be verified and upgraded, if necessary.

Design Criteria.

(1)

Pavement under drains are to be installed the full width of the pavement at all curb inlets.

Detention.

(1)

When developments are within sites served by local and regional detention facilities, the City may require an analysis of downstream effects and compliance with detention requirements at time of development for areas served by regional-type detention basins which were installed previously.

Stormwater in Chesterfield Valley.

(1)

Stormwater in Chesterfield Valley is subject to review and approval by the City of Chesterfield for compliance with the Chesterfield Valley Master Stormwater Plan.

(2)

The Director of Public Works shall maintain a copy of the Chesterfield Valley Master Stormwater Plan in his/her office and make it available at all times hereafter.

(3)

Stormwater in Chesterfield Valley is subject to review and approval by MSD and the Monarch Chesterfield Levee District in accordance with the Intergovernmental Cooperation Agreement between MSD and MCLD.

(4)

Construction of required stormwater improvements per the Chesterfield Valley Master Stormwater Plan shall occur with development and developers shall coordinate with the owners of the properties affected by construction of the required improvements. In the event that the ultimate required improvements cannot be constructed concurrently with a development, the developer shall provide interim drainage facilities and establish sufficient escrows as guarantee of future construction of the required improvements, including removal of interim facilities. Interim facilities shall be sized to handle runoff from the 100-year, 24-hour storm event as produced by the Master Stormwater Plan model. The interim facilities shall provide positive drainage and may include a temporary pump station, if necessary, to achieve positive drainage. Interim facilities shall be removed promptly after the permanent stormwater improvements are constructed.

(5)

Alternate geometry, size and/or type of stormwater improvements that are functionally equivalent to the required improvements per the Chesterfield Valley Master Stormwater Plan may be proposed. Functional equivalence is said to be achieved when, as determined by the Director of Public Works, the alternate proposal provides the same hydraulic function, connectivity, and system-wide benefits without adversely affecting any of the following: water surface profiles at any location outside the development; future capital expenditures; maintenance obligations; equipment needs; frequency of maintenance; and probability of malfunction. The City will consider, but is not obligated to accept, alternate plans. If the Director of Public Works determines that a proposed alternative may be functionally equivalent to the Chesterfield Valley Master Stormwater Plan improvements, hydraulic routing calculations will be performed to make a final determination of functional equivalence. The Director will consider proposals for alternate improvements, but is not obligated to have the hydraulic analysis performed if any of the other criteria regarding functional equivalence will not be met. The hydraulic routing calculations regarding functional equivalence may be performed by a consultant retained by the City of Chesterfield. All costs related to consideration of an alternate proposal, which shall include any costs related to work performed by the City's consultant, shall be reimbursed to the City.

(6)

All necessary Chesterfield Valley stormwater easements shall be provided to accommodate future construction of the Chesterfield Valley Master Stormwater Plan improvements, and any and all Chesterfield Valley Master Stormwater Plan improvements shall be depicted on the site development plan(s) and improvement plans.

(7)

Maintenance of the required stormwater improvements shall be the responsibility of the property owner unless the improvement is accepted by another agency for maintenance.

(8)

All Chesterfield Valley Master Stormwater Plan improvements, as applicable, shall be operational prior to the paving of any driveways or parking areas unless otherwise approved.

(9)

As-built plans for Chesterfield Valley Master Stormwater Plan improvements shall be submitted to the City and the Monarch Chesterfield Levee District for review and approval.

Floodplain.

(1)

All requirements of Article 5, Flood Damage Prevention, are incorporated herein, as may be revised from time to time.

Easements.

(1)

Easements for stormwater improvements shall be provided as required by MSD, MCLD, and the City of Chesterfield.

Section 405.04.130 Zoning Performance Standard Regulations.

[CC 1990 § 31-04-13; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]

Scope Of Provisions. This Section contains the zoning performance standard regulations for the City of Chesterfield. These regulations shall apply to all land uses and developments in the City of Chesterfield except as otherwise indicated in these regulations.

Statement Of Intent. The performance standard regulations shall establish standards for vibration, noise, odor, smoke, toxic gases, emissions, radiation, glare, and heat to minimize negative effects on adjacent land uses and developments.

Performance Standards.

Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot line of the lot on which the use is located, except that vibration caused by blasting conducted in accordance with the requirements of the Explosives Code, Chapter 711, SLCRO (see Section 500.010), may exceed these limitations.

Noise. Every use shall be so operated that the pressure level of sound or noise generated does not exceed the limitations of the Noise Control Code, set by Chapter 625, SLCRO.

Odor. Every use shall be so operated that no offensive or objectionable odor is emitted in accordance with the requirements of the Air Pollution Code, set by Chapter 612, SLCRO.

Smoke. Every use shall be so operated that no smoke from any source shall be emitted that exceeds the emission levels in the requirements of the Air Pollution Code, set by Chapter 612, SLCRO.

Toxic Gases. Every use shall be so operated that there is no emission of toxic, noxious, or corrosive fumes or gases which exceeds the emission levels of the Air Pollution Code, set by Chapter 612, SLCRO.

Emission Of Dirt, Dust, Fly Ash, And Other Forms Of Particulate Matter. The emission of dirt, dust, fly ash and other forms of particulate matter shall not exceed the emission levels in the requirements of the Air Pollution Code, set by Chapter 612, SLCRO.

Radiation. Every use shall be so operated that there is no dangerous amount of radioactive emissions.

Glare And Heat. Any operation producing intense glare or heat shall be performed in an enclosure in such a manner as to be imperceptible along any lot line without instruments.

Any addition, modification or change in any regulations, code, ordinance or other standard referred to in the zoning performance standard regulations shall become a part of these regulations.

Section 405.04.140 Miscellaneous Regulations.

[CC 1990 § 31-04-14; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]

Scope Of Provisions. This Section contains miscellaneous regulations, generally applicable to various Sections of this UDC.

Single-Family Dwellings. Every single-family dwelling hereafter erected or structurally altered shall be located on a separate lot or tract. In no case shall there be more than one (1) single-family dwelling on one (1) lot or tract except for accessory buildings or uses, as defined herein, and except for any structure authorized as part of a special procedure requiring submission to the Planning Commission of any type of site development plan for review and approval.

Primary Use To Be Established. No accessory land use or development shall be established until a primary structure or use is established on the same lot. No accessory land use or development shall be allowed to continue after termination of the primary use or development on a lot.

Multiple Uses On The Same Tract. In the event two (2) or more permitted, conditional or accessory uses are conducted on the same tract of land, each having a different minimum lot area requirement, the minimum lot area regulations for the combined uses shall be the largest of the required minimum areas for each of the particular uses.

Easements Dwelling Units. Land area to be utilized for large-lot roadway easements need not be deducted from gross site area in calculating the maximum number of dwelling units permitted on a parcel or tract of land.

Street Right-Of-Way. Land dedicated to street right-of-way shall not be included in computing minimum lot area for the purposes of this UDC. However, if through dedication of street right-of-way, the area of any lot or parcel already established via the provisions of the subdivision requirements is decreased below the minimum area required in the applicable zoning district, development rights shall not be denied.

Future Street Lines. Where a line has been established for future widening or opening of a street upon which a lot abuts, the required yard space shall be measured from the established future street line. Required yard space shall be measured from private roadway easement boundaries or from road maintenance or other road-related easements where such easements abut public road rights-of-way.

Corner Lot; Rear And Side Yard Setback Requirements. Each corner lot shall have a rear yard and a side yard with minimum setback requirements of the applicable zoning district. The side and rear yards shall be identified by the owner of the corner lot when plans are submitted for the first building on the property.

Illumination Structures In Certain Districts. All illumination structures, except for approved streetlights, shall be so arranged as not to cast light directly from any source of illumination on any public right-of-way or on adjacent properties in the NU Non-Urban, AG Agricultural, PS Park and Scenic, or any residential district.

Issuance of grading, building, etc., permits in certain districts. No permits shall be issued for clearing, grubbing, grading, building, or use of a site governed by a planned district or special procedure which are not in accord with site development plans, site development concept plans, or site development section plans approved by the Planning Commission or the Department, with the following exception: Grading permits may be issued for developments within the Chesterfield Valley so long as the permit is strictly for the purpose of either stockpiling or the surcharging of a future building pad. Site development plan submittal shall include a tree preservation plan and grading plan.

10.

Yards To Be Open To Sky; Exceptions. Every part of a required yard shall be open to the sky, unobstructed except as follows:

Ordinary projections of skylights, sills, belt courses, cornices and ornamental features projecting not to exceed twelve (12) inches.

Ordinary projecting of chimneys and flues, not to exceed seventy-two (72) inches in width, projecting not to exceed twenty-four (24) inches.

Roof overhangs projecting not to exceed eighteen (18) inches, except that roof overhangs on the south side of a building may project forty-eight (48) inches into a side or rear yard, but no closer than forty-eight (48) inches to a property line.

Canopy overhangs for service stations projecting a maximum of eighteen (18) inches into required front yards.

Slab-type porches or paved terraces having a maximum height of not more than twelve (12) inches aboveground elevation at any point may project into any yard, except that the projection into the front yard shall not exceed ten (10) feet.

In all residential districts, air-conditioning units extending into side or rear yards a maximum of thirty (30) inches, with air-conditioning units, including mounting pedestals not to exceed forty-eight (48) inches in height aboveground elevation within said side or rear yards.

Driveways, ramps, sidewalks, and parking lots as otherwise permitted by this UDC.

11.

Temporary Structures. Temporary structures, as set forth below, which are to be used in connection with the development and sale of a tract of land may be erected or located on said tract prior to and may remain thereon during the construction or development period.

Temporary buildings or trailers may be used as construction offices, field offices or for storage of materials to be used in connection with the development of said tract, provided that said temporary structures are removed from said tract within thirty (30) days after completion of the project development. Temporary buildings or trailers must also be removed from said tract within thirty (30) days after voluntary suspension of work on the project or development after revocation of building permits, or on order by the Director of Planning upon a finding by him/her that said temporary structure is deemed hazardous to the public health and welfare. A bond, or refundable deposit, in the amount of one thousand dollars ($1,000.00) for their removal shall be posted with the City of Chesterfield.

Temporary real estate offices or sales offices may be established in a display dwelling unit or temporary building. Said offices must be closed and the operation discontinued and all temporary structures and facilities must be removed from the tract 1) within thirty (30) days after all lots or dwelling units have been sold, rented, or leased; or 2) after the passage of thirty (30) days from the date of the last transaction after ninety percent (90%) of the development has been sold, rented, or leased. A bond, or refundable deposit, in the amount of one thousand dollars ($1,000.00) guaranteeing removal of any such temporary structure or facility shall be posted with the City of Chesterfield prior to commencement of use.

No temporary buildings or trailers shall at any time be located closer than twenty-five (25) feet to a property line of any adjacent property, notwithstanding the required setbacks of the zoning district in which such temporary building or trailer is located.

Any other provisions of the law notwithstanding, a building permit or an occupancy permit shall not be required for buildings or trailers permitted in Subsection (A)(11)(a) of this Section.

Unless otherwise mentioned in this UDC, a temporary structure shall not be erected for more than one (1) year.

12.

Copy Of Approved Ordinance To Be Given To Operator, Owner, Etc.; Acknowledgement. In each instance in which approval of use or development of property is made subject to conditions by the City Planning Commission in the approval of a conditional use permit, special procedure, mixed use development, or planned industrial or commercial development, a copy of the approved ordinance, resolution, order or permit shall be furnished by the property owner or owners or petitioner to the operator, owner, and manager, including successor operators, owners, and managers. Each successor shall forward to the Zoning Enforcement Officer an acknowledgement that he/she has read and understood each of the conditions relating to the use and development of the property affected by the ordinance, resolution, order or permit and agrees to comply therewith.

13.

Plats To Be Consistent With Plan. Subsequent to approval and recording or filing of a final development plan, site development plan, site development concept plan, section plan or similar plan for the development and use of property under the special procedures of this UDC or under the regulations of a planned district or special procedure, no development of property subject to such a plan shall be performed and no permit shall be issued for development unless such development is consistent with the plan and unless the property has been platted in accordance with the City of Chesterfield UDC. No plat for property subject to such a plan shall be approved unless the plat is consistent with the plan.

14.

Litter.[1]

In this Subsection, the word "litter" means and includes garbage, trash, refuse, junk, brush, inoperative machinery or other waste material; the phrase "otherwise lawful" means in compliance with applicable zoning district regulations and with all rules, regulations, ordinances, conditions, permits, and licenses applicable to the property or activity, whether arising from this UDC or any other ordinance.

Except as provided in this Subsection:

(1)

No persons shall throw or deposit litter on any vacant or occupied property, whether owned by such person or not.

(2)

The owner or person in control of any private property shall, at all times, maintain the premises free of litter.

It shall be lawful:

(1)

To accumulate or store non-putrescible litter in a sightproof structure or container.

(2)

To accumulate or store litter produced as an incident of the otherwise lawful use of the same premises where stored, where such storage is pending removal or disposal and does not exceed seven (7) days, provided that the litter is placed or stored in a container or otherwise screened from the view of persons upon adjacent property or rights-of-way.

(3)

To operate an otherwise lawful, sanitary landfill, building demolition material site, vehicle or machinery repair facility, construction material stockpile, sewage treatment facility, salvage yard, or junkyard.

(4)

To store material to be used in an otherwise lawful agricultural or nursery operation on the premises devoted to such use.

(5)

To keep not more than one (1) unlicensed vehicle outdoors for hobby or instructional purpose, provided that any such vehicle kept for more than seventy-two (72) hours shall be kept behind the residence or other principal structure on the property.

[1]

Editor's Note: For similar provisions, see Section 215.110.

15.

Amusement Devices And Activities; Christmas Tree Sales Lots; Sales Yards.

The Chief of Police is authorized to issue a permit for the installation of amusement devices on a temporary basis within any zoning district, provided that said permit shall not be valid for more than ten (10) consecutive calendar days and further provided that no permit shall be valid without a license to operate. The Director of Planning may, in regard to any given site, designate the hours and days of the week of operation and the specific location of the amusement devices on the property. No more than two (2) such permits shall be issued in any calendar year with regard to any particular property. For the purpose of this Subsection, "amusement device" includes those devices enumerated in Chapter 803 of the SLCRO and any similar device.

The Chief of Police is authorized to issue a permit for the operation or conducting of an amusement activity on a temporary basis within any zoning district. For the purpose of this Subsection, "amusement activity" includes a circus, carnival, fair, turkey shoot, art display, trade or animal show, concert, dance, rally, parade, athletic competition and any similar activity not involving the erection of any permanent structure or facility. The permit shall be issued for a specific period of time not exceeding ten (10) days. The permit shall contain such conditions as are necessary for protection of public health, safety, and traffic, and the Chief of Police may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. This permit is in addition to any building permit, air pollution device construction or operating permit, highway special use permit, or other permit or license required by law for any proposed activity or facility. No more than two (2) temporary amusement activity permits shall be issued in any calendar year with regard to any particular property; provided, however, that this limitation with respect to the number of temporary amusement activity permits shall not apply to public property, nor to property not held for private or corporate profit and used exclusively for religious worship, for schools and colleges, for purposes purely charitable, or for agricultural and horticultural societies. These provisions applicable to the period of time and the number of temporary permits for turkey shoots that can be held shall not apply to turkey shoots conducted on all Saturdays and Sundays falling within the months of October, November, and December of each year.

The Chief of Police is authorized to issue a permit to any not-for-profit organization for the installation of a Christmas tree sales lot on a temporary basis within any zoning district, provided that said permit shall be valid for no more thirty-five (35) days prior to Christmas Day and five (5) days after Christmas Day. The permit shall contain such conditions as are necessary for protection of public health, safety, and traffic, and the Chief of Police may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. The permit may include the installation of one (1) temporary or portable sign not to exceed thirty (30) square feet in outline area. The location of the sign shall be as approved by the Director of Planning.

The Chief of Police is authorized to issue a permit to any church, school, or other not-for-profit organization for the establishment or conducting, on a temporary basis within any zoning district, a sales yard for the sale of items for charitable purposes. For the purpose of this Subsection "sale of items" includes such items as plants, pumpkins, barbecue, fish fry, and bake sale. The permit shall be issued for a specific period of time not exceeding fourteen (14) consecutive calendar days. The permit shall contain such conditions as are necessary for protection of public health, safety, and traffic; and the Chief of Police may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. No more than four (4) such permits may be issued for any parcel of land in any calendar year.

16.

Regulations For Satellite Dishes.

The purpose of the following regulations for satellite dishes or dish antennas of greater than three (3) feet in diameter is to improve the aesthetic appearance of these structures within all zoning districts. The regulations shall not impose unreasonable limitations on, or prevent reception of satellite delivery signals by receive-only antennas or impose costs on the users of such antennas that are excessive in light of the purchase and installation cost of the equipment. Satellite dishes three (3) feet or less in diameter are exempted from the regulations contained herein.

In all zoning districts, one (1) satellite dish shall be permitted on any lot or parcel of land. Any additional satellite dishes proposed for a lot require a conditional use permit. A satellite dish may be ground-mounted or roof-mounted; however, only a ground-mounted dish is permitted in the single-family residential districts. No satellite dish shall be mounted as an appurtenance to a chimney, tower, tree, spire, or pool deck.

In no case shall a satellite dish be permitted to be attached to a portable device. Any satellite dish must be stationary. The location of a satellite dish shall be as approved by the Department on the site plan or plot plan of the property. All satellite dishes require a building permit.

No message or identification, other than the manufacturer's identification, shall be allowed to be portrayed on a dish antenna. The message or identification shall not exceed twenty-five one hundredths (0.25) square foot in area. Satellite dishes shall be limited to mesh construction; however, a satellite dish eight and one-half (8 1/2) feet or less in diameter may be either of mesh or solid construction. All dishes shall be finished in a single, neutral, non-reflective color and surface which shall blend with the natural surroundings.

Any ground-mounted satellite dish shall be located in the rear yard, provided that on a corner lot, the dish cannot be located any closer to the side street than the principal building located on the lot. On any lot other than a corner lot, the dish shall be placed in an area bounded by the side yard setback lines, the rear wall line of the primary structure, and the rear yard setback line. The side and rear setback lines shall be in accordance with the setback requirements of the underlying zoning district.

Ground-mounted satellite dishes in the commercial, industrial, or multifamily districts shall be located in a designated service area outside of any required landscape area, or front and side yard setback area. The antenna shall not be placed in the area between the front setback line and the structure.

Screening of satellite dishes shall serve to reduce the visual impact on adjoining properties without impeding the line of sight of dish reception. The location and type of screening shall be as approved by the Department on the site or plot plan.

Screening shall be accomplished through the use of fencing, landscaping, in the form of evergreen and deciduous trees and shrubbery, structures or topography. For ground-mounted satellite dishes in the single-family residential districts, trees and shrubs shall be at least one-half (1/2) the height of the dish at the time of planting. (The center of the dish shall be determined as the point where the dish is attached to its base when viewed from off of the site.) The landscaping material shall be maintained and replaced, if it dies.

Screening of roof-mounted antenna in commercial, industrial or multifamily districts is required up to three (3) feet, or to the center of the dish, whichever is greater. The design and material composition of the screening shall be compatible with the existing building design and colors and be approved by the Department.

For buildings listed on the National or State Register of Historic Places or the Chesterfield Register, the antenna shall not be visible from fronting or flanking streets. This is to maintain the aesthetic characteristics of the historic structures.

For the residential zoning districts, other than those permitting multifamily land use, the height of ground-mounted satellite dishes shall not exceed twelve (12) feet above the average grade. The dishes shall not exceed a diameter of ten (10) feet. For lots of three (3) acres or more in the NU Non-Urban District, satellite dishes shall not exceed a diameter of twelve (12) feet, with no restriction on height; otherwise, dishes on lots less than three (3) acres in the NU District shall not exceed twelve (12) feet in height or ten (10) feet in diameter. Roof-mounted satellite dishes in the multifamily residential districts, commercial districts, and industrial districts shall not exceed eight (8) feet in diameter or a total structure height of ten (10) feet.

17.

Retaining Walls. In the residential districts, retaining walls up to eight (8) feet in height are permitted within all yard setbacks. When retaining walls are tiered, the minimum horizontal distance between retaining walls (closest edge to closest edge) shall be four (4) feet.

18.

(Reserved)[2]

[2]

Editor's Note: Former Subsection (A)(18), regarding home occupations, was repealed 12-5-2022 by Ord. No. 3215. See now Chapter 625, Home-Based Businesses.

19.

Traffic Studies, Private Developments.

Upon application for new development, proposals to develop previously zoned but undeveloped property and/or the amendment to an existing zoning, if a traffic study shall be determined necessary by the Director of Planning, he/she shall notify the developer in writing and the developer shall deposit with the City in a special escrow the sum of two thousand dollars ($2,000.00) to be used as a deposit toward the expenses incurred by the City in employing a traffic consultant to study the traffic issues for the proposed development. This may include review of traffic studies presented by the developer or to undertake traffic studies on behalf of the City.

Said traffic study shall collect data as determined by the City or the City's traffic consultant to include, but not be limited to, traffic counts, measurements of traffic gaps, sight distances along adjoining streets, accident data, locations of nearby driveways, etc. That information shall be collected so that the City may evaluate those issues that are expected to arise as a result of said developments, which would include, but are not limited to:

(1)

The amount of traffic the development could be expected to generate at peak hours and for daily traffic.

(2)

The ability of the adjoining street systems to accommodate the added traffic.

(3)

The need for additional street improvements (turning lanes, improved traffic controls, etc.)

(4)

The effect of development on nearby properties, adjacent driveways, etc.

(5)

The specific requirements of the study shall be determined by the Department.

(6)

Current and projected levels of service.

(7)

Distance from the development considered.

(8)

Connection to stub streets.

Upon receipt of a request to zone a new development or upon submittal of a site development plan for previously zoned but undeveloped property and/or a petition to amend an existing zoning and upon the City's determination for the need of a traffic study, the City shall forward a copy of the site plan along with any other information concerning the development proposal to its traffic consultant. The traffic consultant shall provide a specific proposal for services detailing the action that he/she would undertake regarding the specific traffic issue presented. After the City has reviewed the proposal and deemed it fair and reasonable, a copy shall be provided to the developer who shall have an opportunity to respond to the proposal and offer his/her input as to proposed actions of the consultant. Upon receipt of the City's authorization, the consultant shall proceed with the work and present the findings to the City. The developer shall provide full payment for said services of the City traffic consultant. Failure of the developer to pay said funds into the special escrow account shall be a cause for the petition to be held and not to proceed until said payment has been paid.

Upon the City's receipt of the report from its traffic consultant, the developer shall be provided an opportunity to respond to the report and present information to rebut, by substantial and convincing evidence, facts to allow for mitigation of the study recommendation of findings.

20.

Telecommunication Services. Sleeves for future telecommunication services shall be installed adjacent and/or parallel to any proposed roadway, or other locations as directed by the City of Chesterfield, in order to facilitate the installation of utilities and telecommunication infrastructure for current and future users.

21.

Marijuana (Medical And Comprehensive) Facilities. These regulations shall apply to all medical and comprehensive marijuana uses as defined in the Missouri Constitution.

[Ord. No. 3224, 2-21-2023]

No marijuana facilities, including those relating to cultivation, testing, manufacturing or dispensing, shall be permitted except in conjunction with a State-issued license and in full compliance with all State-mandated facility and safety standards.

No medical marijuana related use or facility shall emit an odor in any way off-site which causes a public nuisance. Appropriate ventilation systems or odor mitigation devices shall be installed to prevent the permeation of marijuana odors or fumes and/or shall be provided if a public nuisance violation occurs. If off-site odors become a public nuisance, the City Council, following notice and a public hearing at which the operator shall be entitled to present evidence or submit proposals for remediation, may revoke a permit for cultivation, testing, manufacturing or dispensing of marijuana or marijuana related products.

No marijuana facility shall be initially sited within one thousand (1,000) feet of any then-existing elementary or secondary school, child day care center, or church, as defined in the Missouri Constitution pertaining to marijuana facilities. In the case of a freestanding facility, the distance between the facility and the school, day care, or church shall be measured from the external wall of the facility structure closest in proximity to the school, day care, or church to the closest point of the property line of the school, day care, or church. If the school, day care, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, day care, or church closest in proximity to the facility. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, day care, or church shall be measured from the property line of the school, day care, or church to the facility's entrance or exit closest in proximity to the school, day care, or church. If the school, day care, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, day care, or church closest in proximity to the facility. Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.

Cultivation facilities shall only be permitted in areas zoned Planned Industrial District.

Any cultivation must occur indoors. Outdoor cultivation is not permitted.