[Ord. No. 258 Art. 2; Ord. No. 551, 10-25-1993; Ord. No. 036-2007 §1, 12-10-2007; Ord. No. 37-2009, 11-23-2009]
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this Chapter to have the meaning herein
indicated.
A sign that no longer identifies or advertises a bona fide
business, lessee, service, owner, product or activity and/or for which
no legal owner can be found. This definition shall also include any
sign structure which no longer supports the sign for which is was
designed. A sign or sign structure may be considered abandoned when
the business activity or firm which such sign advertises has not been
in operation for ninety (90) days or does not have a current business
license in effect or is in a state of disrepair or is in a deteriorated
condition.
A building subordinate to the main building on a lot and
used for purposes customarily incidental to those of the main building.
A use subordinate to the main use of land or of a building
on a lot and customarily incidental thereto.
An area of land which includes forty-three thousand five
hundred sixty (43,560) square feet.
An officer or individual having specific authority to administer
the regulations of this Article.
The Building Inspector or his/her designated representative.
The growing of crops or the raising of livestock or poultry
in such a manner that they are incidental to the acreage farmed, provided
however, that such land shall consist of at least ten (10) acres in
one (1) parcel or in continuous parcels under common ownership or
operation. The feeding or disposal of community or collected garbage
shall not be deemed an agricultural use, nor shall the raising of
fur-bearing animals, riding academies, livery or boarding stables
or animal shelters be so considered.
A public way which affords only a secondary means of access
to property abutting thereon and which is at least twenty (20) feet
wide.
As applied to a building or a structure, a change or arrangement
in the structural parts in the existing facilities, or an enlargement
whether by extension of a side or by increasing in height or by moves
from one location or position to another.
A sign or display manifesting either kinetic or illusionary
motion occasioned by natural, manual, mechanical, electrical or other
means. "Animated sign" includes the following types:
Naturally energized: Signs whose motion is
activated by wind or other atmospheric impingement. Wind-driven signs
include flags, banners, pennants, streamers, spinners, metallic disks
or other similar devices designed to move in the wind.
Mechanically energized: Signs manifesting
a repetitious pre-programmed physical movement or rotation in either
one (1) or a series of planes activated by means of mechanically based
drives.
Electronically energized: Illuminated signs
whose motion or visual impression of motion is activated primarily
by electrical means. Electrically energized animated signs are of
two (2) types:
Flashing signs: Illuminated signs exhibiting
a pre-programmed repetitious cyclical interruption of illumination
from one (1) or more sources in which the duration of the period of
illumination (on phase) is either the same as or less than the duration
of the period of darkness (off phase) and in which the intensity of
illumination varies from zero (off) to one hundred percent (100%)
(on) during the programmed cycle.
Illusionary movement signs: Illuminated signs
exhibiting the illusion of movement by means of a pre-programmed repetitious
sequential switching action in which illuminated elements of the sign
are turned on or off to visually simulate the impression of motion
characteristic of chasing, running, blinking, oscillating, twinkling,
scintillating or expanding and contracting light patterns.
See "SIGN, AREA OF".
A shelter projecting from and supported by the exterior wall
of a building constructed of non-rigid materials on a supporting framework
(compare "marquee").
A sign painted on, printed on or attached flat against the
surface of an awning.
See "ELECTRIC AWNING SIGN".
A sign made of fabric or any non-rigid material with no enclosing
framework which is not mounted on a permanent post or structure.
A story partly underground and having more than one-half
(½) of its clear ceiling height above the average level of
the adjoining ground.
A paved area a minimum of six (6) feet in width designed
specifically for the movement of pedestrians and non-motorized cyclists.
See "OFF-PREMISE SIGN".
See "GROUND SIGN".
The officially established Board of Adjustment of the City
of Herculaneum.
The aggregate of the maximum horizontal cross section areas,
excluding cornices, eaves and gutters, of all buildings on a lot.
The vertical dimension measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the ceiling of the top story of a flat roof, to the deckline
of a mansard roof and to the average height between the plate and
ridge of a gable, hip or gambrel roof.
The line parallel to the street line at a distance therefrom
equal to the depth of the front yard required for the district in
which the lot is located, except that in the case of a rear lot, the
building line shall be located to the rear of the rear property line
of the front lot, not less than the depth of the required front yard.
A building, or buildings, in which is conducted the main
or principal use of the lot on which said building is situated.
A business establishment which does not offer a product or
merchandise for sale to the public but offers a service to the public.
However, personal services, such as barber and beauty shops, and repair
shops, such as radio and television repair shops, are not to be included
with the definition of business services.
A rigid multi-sided structure covered with fabric, metal
or other material and supported by a building at one (1) or more points
or extremities and by columns or posts embedded in the ground at other
points or extremities. May be illuminated by means of internal or
external sources (compare "marquee").
A rigid multi-sided structure covered with fabric, metal
or other material and supported by columns or posts embedded in the
ground. May be illuminated by means of internal or external sources.
A sign affixed or applied to the exterior facing surfaces
of a building or freestanding canopy.
A story partly underground and having more than one-half
(½) of its clear ceiling height below the average level of
the adjoining ground.
A certificate issued by the Building Inspector upon completion
of construction, alteration or change in occupancy of a building.
Said certificate shall acknowledge compliance with all requirements
of this Title, such adjustment thereto granted by the Board of Adjustment,
and that the building was constructed in accordance with the plans
and specifications filed with the Building Inspector and meets all
other applicable City regulations.
A sign whose informational content can be changed or altered
by manual or electric, electromechanical or electronic means. "Changeable
signs" include the following types:
Manually activated: Signs whose alphabetic,
pictographic or symbolic informational content can be changed or altered
by manual means.
Electrically activated: Signs whose alphabetic,
pictographic or symbolic informational content can be changed or altered
on a fixed display surface composed of electrically illuminated or
mechanically driven changeable segments. Includes the following types:
Fixed message electronic signs: Signs whose
basic information content has been pre-programmed to include only
certain types of information projection, such as temperature, predictable
traffic conditions or other events subject to prior programming.
Computer controlled variable message electronic signs: Signs whose informational content can be changed or altered by means
of computer-driven electronic impulses.
A building or group of buildings including customary secondary
buildings designed or intended for public worship. For the purpose
of this Title, the word church shall include chapels, congregations,
cathedrals, temples and similar designations as well as rectories,
parish houses, convents and such accessory uses.
City of Herculaneum, Missouri, and its agencies, departments,
agents and employees acting within their respective areas of authority.
The smallest vertical distance between the grade of the adjacent
street, highway or street curb and the lowest point of any sign, including
framework and embellishments, extending over that grade.
The area of a corner lot closest to the intersection which
is kept free of visual impairment to allow full view of both pedestrian
and vehicular traffic. Such an area is established by marking a point
at which the two (2) property lines intersect, measuring back thirty
(30) feet on each street front and drawing a line across the two (2)
back points to form a triangulated area. No sign in excess of three
(3) feet above curb grade nor support pole larger than twelve (12)
inches in diameter may be installed in this area. Freestanding signs
must have at least ten (10) feet of clearance to grade.
A freestanding or ground sign which is located at the entrance
of a commercial or industrial development and identifies the name
of the development and the businesses within the development.
Any licensed motor vehicle, truck or bus designed to carry passengers,
freight and/or merchandise for the purpose of this Title; said vehicle
shall be a vehicle licensed by the State at a gross vehicular weight
in excess of twelve thousand (12,000) pounds or in any case exceeding
twenty-four (24) feet in length; or
Any licensed motor vehicle, truck or bus designed to carry passengers,
freight and/or merchandise including any vehicle larger than a standard
full size passenger/conversion van or one-half (½) ton pickup
truck. Commercial vehicles shall include, but not be limited to, "panel"
delivery trucks, "cube trucks", dump trucks, street cleaners, or other
vehicles/equipment typically designed for delivery, hauling or construction
purposes.
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Standard size passenger vans and pickup trucks used for commercial
purposes shall be maintained in an orderly fashion with all materials,
equipment and accessories screened from public view. Ladders shall
be exempt from such screening requirements.
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The Planning and Zoning Commission of the City of Herculaneum.
A long-range master plan for area development including studies
of land use, traffic volume and flow, schools, parks and other public
buildings and as defined by the Missouri State Statutes.
A temporary sign surface identifying an architect, surveyor,
engineer, contractor, subcontractor and/or material supplier participating
in construction on the property on which the sign is located.
The graphic content of a sign surface in either permanent
or removable letter, pictographic, symbolic or alphabetic form.
A generic term describing prisons, jails, reformatories and
other places of correction and detention.
The officially established grade of the curb in front of
the mid-point of the lot or, in the absence of an officially established
curb level, the mean level of any existing curb or of the lot at the
street line.
An on-premises sign giving directions, instructions or facility
information and which may contain the name or logo of an establishment
but no advertising copy, e.g., parking or exit and entrance signs.
May contain logo provided that the logo may not comprise more than
twenty percent (20%) of the total sign area.
A section, or sections, of the City of Herculaneum for which
the zoning regulations governing the use of buildings and premises,
the height of buildings, the size of yards and the intensity of use
are uniform.
A sign with two (2) faces, essentially back-to-back.
Single-Family. A building, on a lot, designed
and occupied exclusively as a residence for one (1) family.
Two-Family. A building, on a lot, designed
and occupied exclusively as a residence for two (2) families.
Multiple. A building, on a lot, designed and
occupied exclusively as a residence for three (3) or more families.
An internally illuminated fixed space-frame structure with
translucent, flexible reinforced covering designed in awning form
and with graphics or copy applied to the visible surface of the awning.
A sign structure in which electrical wiring, connections
or fixtures are used.
See "changeable signs, electrically activated".
The front or main part of the building facing a street.
The area of a sign on which the copy is placed.
An individual or two (2) or more persons occupying a premises
and living as a single housekeeping unit, whether or not related to
each other by birth or marriage, as distinguished from a group occupying
a boarding house, lodging house or hotel as herein defined.
A structure and/or materials consisting of wood (rails or
stakes), vinyl, wire, masonry, vegetation (hedge) or other similar
materials erected so as to provide a barrier or enclosure along the
boundaries of a yard or lot. Such fence may or may not have openings
for sidewalks and driveways within its vertical surface depending
on its construction and use.
Any fence which substantially reduces the sight distance
for adjacent properties or the traveling public. These fence types
include, but are not limited to, wood stockade fence, vinyl fence,
masonry fence, shadow-box fence or thick vegetation (hedges).
A string of ribbons, tinsel, small flags or pinwheels.
See "animated sign, electrically energized".
The sum of the horizontal areas of the floor or floors of
a building which are enclosed and usable for human occupancy. Said
areas shall be measured from the inside face of exterior walls or
from the center line of walls separating two (2) dwelling units. Said
areas shall not include areas below the average level of the adjoining
ground, garage space or accessory building space.
A sign supported permanently upon the ground by poles or
brass and not attached to any building.
The length of the property line of any one (1) premises along
a public right-of-way on which it borders.
The length of an outside building wall on or facing a public
right-of-way.
Any temporary sign which advertises a garage or yard sale.
These signs shall only display the address, time and date of the sale.
The sign shall not exceed nine (9) square feet and shall not be displayed
for more than one (1) day prior to and one (1) day after the sale.
A building or a group of buildings designed to accommodate
more than one (1) dwelling unit within a single structure and which
is designed so that the group of dwelling units utilize such common
facilities as pedestrian walks, parking and garage areas, open space,
recreation areas and utility and service facilities.
Any temporary or permanent sign erected and maintained by
the City, County, State or Federal Government for traffic direction
or for designation of direction to any school, hospital, historical
site or public service, property or facility.
A sign which is anchored to the ground similar to a pylon
or freestanding sign, but which is a monolithic or columnar line and
which maintains essentially the same contour from grade to top. Height
and setbacks are to be the same as for freestanding signs.
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons reside and may include two (2) additional
persons acting as house parents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home.
The vertical distance measured from the highest point of
the sign, excluding decorative embellishments, to the grade of the
adjacent street or the surface grade beneath the sign, whichever is
less (compare "clearance").
A no-impact home-based business as defined in Section 410.255.
[Ord. No. 42-2022, 11-21-2022]
A sign whose copy is limited to the name and address of a
building, institution or person and/or to the activity or occupation
being identified.
A sign which does not meet the requirements of this Code
and which has not received legal non-conforming status.
A sign with an artificial light source incorporated internally
or externally for the purpose of illuminating the sign.
A small sign, emblem or decal informing the public of goods,
utilities or services available on the premises, e.g., a credit card
sign or a sign indicating hours of business.
Shall mean City, district and County interests and organizations.
A parcel of land legally defined on a subdivision map recorded
with the assessment department or land registry office or a parcel
of land defined by a legal record or survey map.
A parcel of land at the junction of and fronting on two (2)
or more intersecting streets.
That percentage of the lot area which is devoted to building
area.
The horizontal distance between the side lot lines, measured
between the points on the side lot lines at which they are intersected
by the rear line of the required front yard area, said line being
the required setback line.
A sign mounted directly to the ground with maximum height
not to exceed six (6) feet.
For the purposes of this Chapter, the cleaning, painting,
repair or replacement of defective parts of a sign in a manner that
does not alter the basic copy, design or structures of the sign.
The official plan of highways, primary and secondary thoroughfares,
parkways and other major streets, including collector streets, adopted
by the Planning and Zoning Commission in the Comprehensive Plan of
the City of Herculaneum.
A sloped roof or roof-like facade architecturally comparable
to a building wall.
Fabrication of usable products from raw materials by hand
or machinery.
A permanent roof-like structure or canopy of rigid materials
supported by and extending from the facade of a building (compare
"awning").
See "low profile sign".
A sign containing three (3) or more faces not necessarily
in back -to-back configuration.
A non-electric on-premises identification sign giving only
the name, address and/or occupation of an occupant or group of occupants.
A building or a use of land or of a building existing on
November 8, 1982, which does not conform with the requirements of
this Title.
A lot of record existing on November 8, 1982, which does
not have the minimum width or contain the minimum area for the zone
in which it is located.
The portion of a building or premises owned, leased, rented
or otherwise occupied for a given use.
The date when a subdivision plat shall be considered submitted
to the Planning and Zoning Commission and is hereby defined to be
the date of the meeting of the Planning and Zoning Commission at which
all required surveys, plans and data are submitted.
A sign structure advertising an establishment, merchandise,
service or entertainment, which is not sold, produced, manufactured
or furnished at the property on which said sign is located.
A sign which provides directional assistance to access a
residential and/or commercial subdivision conveniently and safely.
Such signs shall be limited in area, size, height and placement as
identified in Section 410.220(E).
A sign which pertains to the use of the premises and/or property
on which it is located.
An unoccupied space open to the sky on the same lot with
a principal and/or accessory building.
A person recorded as such on official records. For the purposes
of this Chapter, the owner of the property on which a sign is located
is presumed to be the owner of the sign unless facts to the contrary
are officially recorded or otherwise brought to the attention of the
administrator, e.g., a sign leased from a sign company.
Any sign which is applied with paint or similar substance
on the surface of a wall.
The extension of a false front or wall above a roof line.
An open space or a garage, on a lot, used for parking motor
vehicles, the area of which is not less than two hundred (200) square
feet and to which there is access from a street or alley.
Any asphalt or concrete surface designed for the parking
of and/or driving of vehicles upon.
Any individual, corporation, limited liability company, association,
firm, partnership or similarly defined interest.
The Planning and Zoning Commission of the City of Herculaneum.
A map, plan or layout of a City, township, section or subdivision
indicating the location and boundaries of individual properties.
A map of a proposed land subdivision showing the character
and proposed layout of the tract in sufficient detail to indicate
the suitability of the proposed subdivision of land.
A map of land subdivision prepared in form suitable for filing
of record with necessary affidavits, dedications and acceptances and
with complete bearings and dimensions of all lines defining lots and
blocks, streets and alleys, public areas and other dimensions of land.
Advertising of a retail item accompanying its display, e.g.,
an advertisement on a product dispenser, tire display, etc.
Cover enclosing or decorating poles or other structural supports
of a sign.
A temporary sign used in connection with a local, State or
national election or referendum.
Any sign designed to be moved easily and not permanently
affixed to the ground or to a structure or building.
A parcel of land with its appurtenances and buildings which,
because of its unity of use, may be regarded as the smallest convertible
unit of real estate.
The main or principal activity taking place or intended to
take place in a building or on a lot.
An accessory building used for the storage of any number
of motor vehicles owned and used by the owner or tenant of the premises
and for the storage of not more than two (2) motor vehicles owned
and used by persons other than the owner or tenant of the premises.
A sign, other than a flat wall sign, which is attached to
and projects from a building wall or other structure not specifically
designed to support the sign.
A building, not a private garage, used for the storage, repair
or servicing of motor vehicles of any type of ownership.
A temporary sign advertising the real estate upon which the
sign is located as being for rent, lease or sale.
The total number of dwelling units which may be or are developed
on an area of land, before requirements for public access and required
open spaces are provided.
The resulting number of dwelling units which may be or are
developed on a site or lot after public access and required open spaces
are provided.
A professional office when conducted on residential property
and shall be limited to those of the practice of medicine, law, dentistry,
architecture and engineering. The conduct of such profession shall
permit the employment of not more than one (1) employee and shall
be limited to one-fourth (¼) of the total floor area of the
building.
The top edge of a roof or building parapet, whichever is
higher, excluding any mansards, cupolas, pylons, chimneys or minor
projections.
As applied to garden apartment developments, a room shall
be defined as a living room, dining room, kitchen and/or bedroom.
A kitchenette, which does not include space for eating, and a dining
area of which one (1) full wall is open into a living room shall be
counted as one-half (½) room. A bathroom shall not count as
a room.
See "ANIMATED SIGN, MECHANICALLY ENERGIZED".
Any device, structure, fixture or placard using graphics,
symbols and/or written copy for the primary purpose of identifying,
providing directions or advertising any establishment, product, goods
or services.
Projecting and freestanding. The area of a
freestanding or projecting sign shall have only one (1) side of any
double- or multiple-faced down sign counted in calculating total area.
The area of the sign shall be measured as follows if the sign is composed
of one (1) or more individuals cabinet:
A rectilinear line of not more than eight (8) sides shall be
drawn around enclosing the perimeter of each cabinet or module. The
area shall then be summed and totaled to determine total area. The
perimeter of measurable area shall not include embellishments such
as pole covers, framing, decorative roofing, support structures, etc.,
provided that there is no written advertising copy on such embellishments.
Wall sign. The area shall be within a single,
continuous perimeter composed of any rectilinear line geometric figure
which encloses the extreme limits of the advertising message. If the
sign is composed of individual letters or symbols using the wall as
the background with no added decoration, the total sign area shall
be calculated by measuring the area within the perimeter of each symbol
or letter. The combined areas of the individual figures shall be considered
the total sign area.
The ownership of a lot by one (1) or more persons, partnerships
or corporations, which ownership is separate and distinct from that
of any adjoining lot.
A plan of a lot or subdivision on which is shown topography,
location of all existing and proposed buildings, structures, roads,
right-of-way, boundaries, all essential dimensions and bearings, and
any other information deemed necessary by the Planning and Zoning
Commission in unusual or special cases.
A temporary sign or poster affixed to a tree, fence, etc.
A use which by virtue of its own peculiar characteristics
may be permitted in particular areas only after review, public hearing
and approval by Commission Review.
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or if there
be no floor above it, then the space between any floor and the ceiling
next above it. A "split-level" story shall be considered a second
(2nd) story only if its floor level is six (6) feet or more above
the floor of the level next below it.
That portion of a building under a gable, hip or gambrel
roof, the wall plates of which on at least two (2) opposite exterior
walls are not more than two (2) feet above the floor of such half-story.
As basement shall also be included as a half-story.
The limits of the land area covered by the waters in a stream
under conditions of an average twenty-five (25) year storm.
The dividing line between a lot and the outside boundary
of a public street, road or highway legally open or officially plotted
by the City or between a lot and a private street, road or way over
which the owners or tenants of two (2) or more lots held in single
and separate ownership have the right-of-way.
Anything constructed or erected, the use of which requires
location on or in the ground or attachment to something having location
on or in the ground.
A freestanding or wall sign identifying a recognized subdivision,
condominium complex or residential development.
A swimming pool operated as a secondary use to a residential
dwelling unit or units and located on an individual residential lot.
A sign not constructed or intended for long-term use.
A sign suspended beneath a canopy, ceiling, roof or marquee.
The purpose for which a building, lot, sign or structure
is intended, designed, occupied or maintained.
A use which is permitted in the zoning district in which
it is located.
A review conducted by the Planning and Zoning Commission
whereby a use is permitted to occur in that district, but only upon
its approval and subject to those conditions placed upon it by the
Commission.
A sign consisting of two (2) essential equal faces, positioned
at an angle subtending less than one hundred seventy-nine degrees
(179°).
Relief from or variation of the provisions of these regulations,
as applied to a specific piece of property.
A sign attached essentially parallel to and extending not
more than twenty-four (24) inches from the wall of a building with
no copy on the sides or edges. This definition includes painted, individual
letter and cabinet signs, and signs on a mansard.
A sign installed inside a window and intended to be viewed
from the outside.
Front. The required open space extending along
the street line or, in the case of a rear lot, extending along the
building line, throughout the full width of the lot, exclusive of
overhanging eaves, gutters, cornices or steps.
Rear. The required open space extending along
the rear line of the lot throughout the full width of the lot, exclusive
of overhanging eaves, gutters, cornices or steps.
Side. The required open space extending along
the side line of the lot throughout the full depth of the lot, exclusive
of overhanging eaves, gutters, cornices or steps.
The official Zoning District Map of the City of Herculaneum.
Such map being located in the office of the City Clerk.
A permit that the purpose for which a building or land is
to be used is in conformity with the uses permitted and all other
requirements under this Chapter for the district in which it is located
or is to be located, or as such requirements may be modified by Commission
Review.
The whole body of regulations, text, charts, tables, diagrams,
maps, notations, references and symbols contained or to which reference
is made.
[Ord. No. 036-2007 §1, 12-10-2007]
It shall hereafter be unlawful for any person to erect, place
or maintain a sign in the City of Herculaneum except in accordance
with provisions of this Chapter.
