[1]
Editor's Note — Ord. No. 036-2007 §2, repealed sections 410.220 "signs" and 410. 230 "outdoor general advertising or billboards" and enacted new provisions set out herein. Former sections 410.220 — 410.230 derived from ord. no. 366; ord. no. 577 §410.230, 1-23-95; ord. no. 630 §§1 — 2, 11-24-97; ord. no. 99-032 §§1 — 3, 12-13-99; ord. no. 02-017 §1, 6-10-02.
[Ord. No. 036-2007 §2, 12-10-2007]
The purpose of Sections 410.211 through 410.237 shall be to coordinate the type, placement and scale of signs within the different land-use zones to recognize the commercial communication requirements of all sectors of the business community; to encourage the innovative use of design; to promote both renovation and proper maintenance; to allow for special circumstance; and to guarantee equal treatment under the law through accurate record keeping and consistent enforcement. These shall be accomplished by regulation of the display, erection, use and maintenance of signs and the use of signs regulated according to zone. The placement and scale of signs are regulated primarily by type and length of street frontage, though lot size, investment and sounding conditions must also be considered. No sign shall be permitted as a main or accessory use except in accordance with the provisions of Sections 410.211 through 410.237.
[Ord. No. 036-2007 §2, 12-10-2007]
Sections 410.211 through 410.237 shall not relate to building design. Nor shall Sections 410.211 through 410.237 regulate official traffic or government signs; the copy and message of signs; signs not intended to be viewed from public right-of-way; window display; product dispensers and point of purchase displays; scoreboards on athletic fields; flags of any nation, government or non-commercial organization; gravestones; barber poles; religious symbols; commemorative plaques; the display of street numbers; or any display or construction not defined herein as a sign. Thus, the primary intent of this Chapter shall be to regulate signs of a commercial nature intended to be viewed from any vehicular or pedestrian public right-of-way.
[Ord. No. 036-2007 §2, 12-10-2007]
A.
The
following types of signs are prohibited in all districts:
1.
Abandoned signs.
2.
Banners, pennants, festoons, searchlights except as allowed in Section
410.220(6).
3.
Signs imitating or resembling official traffic or government signs
or signals.
4.
Snipe signs or signs attached to trees, telephone poles, public benches,
street lights or placed on any public right-of-way.
5.
Signs placed on vehicles or trailers which are parked or located
for the primary purpose of displaying said sign (this does not apply
to allowed portable signs or to signs or lettering on buses, taxis
or vehicles operating during the normal course of business).
7.
Portable signs.
8.
Illegal signs.
9.
Detached advertising signs of two (2) or more separate business on
a single lot, except as allowed under Section 410.222(9).
10.
Any sign determined by the Administrator to be in a deteriorated
state or condition.
[Ord. No. 036-2007 §2, 12-10-2007]
[Ord. No. 036-2007 §2, 12-10-2007]
A.
The
following types of signs are exempted from permit requirements but
must be in conformance with all other requirements of this Chapter:
1.
Directional/informational signs of four (4) square feet or less.
2.
Holiday or special events decorations, none of advertising nature.
3.
Nameplates of two (2) square feet or less.
4.
Political signs.
5.
Public signs or notices or any sign relating to an emergency.
6.
Real estate signs.
7.
Window signs.
8.
Incidental signs.
9.
Garage/sale signs.
[Ord. No. 036-2007 §2, 12-10-2007]
All signs shall be properly maintained. Exposed surfaces shall be clean and painted if paint is required. Defective parts shall be replaced. The administrator shall have the right under Section 410.235 to order the repair or removal of any sign which is defective, damaged or substantially deteriorated as defined in the Building Code.
[Ord. No. 036-2007 §2, 12-10-2007]
Unless otherwise prohibited by another provision of this Code, including, but not limited to, Section 205.390, all signs may be illuminated.
[Ord. No. 036-2007 §2, 12-10-2007]
Unless otherwise specified by this Chapter, any sign herein
allowed may use manual, automatic or electrically or mechanically
activated changeable copy.
[Ord. No. 036-2007 §2, 12-10-2007]
No person shall engage in the business of erecting, altering,
relocating, constructing or maintaining signs without a valid City
contractor's license and all required State and Federal licenses.
[Ord. No. 036-2007 §2, 12-10-2007]
A.
The
following signs are allowed in all zones:
2.
One (1) non-illuminated sign for each street frontage of a construction
project, not to exceed thirty-two (32) square feet in sign area in
residential zones or forty-eight (48) square feet in sign area in
all other zones. Such signs may be erected sixty (60) days prior to
beginning of construction and shall be removed thirty (30) days following
completion of construction.
3.
One (1) non-illuminated attached building nameplate per occupancy,
not to exceed two (2) square feet in sign area.
4.
Political signs shall not exceed eight (8) square feet per sign
in residential zoned districts. Political signs located in non-residential
zoned districts shall not exceed thirty-two (32) square feet. No political
sign shall be located within the right-of-way of any street or road.
Political signs must be removed seven (7) days after the election
for which the sign has been posted.
[Ord. No. 34-2018, 10-1-2018]
5.
Directional/informational sign(s) per lot as required.
6.
Temporary special events sign(s) arbitrary for special events, grand
openings or holidays. Such signs may be erected thirty (30) days prior
to a special event or holiday and shall be removed five (5) days following
the event or holiday. Limited to two (2) times per year.
7.
Temporary signs shall be located no closer than fifteen (15) feet
from the driving lane or shoulder of any street or road.
8.
Signs shall contain only the name of the business establishment of
the principal business conducted on the premises or both. A maximum
of two (2) signs shall be permitted on regular lots and a maximum
of three (3) signs shall be permitted on corner lots. No signs shall
be posted on City property or on public right-of-way.
[Ord. No. 036-2007 §2, 12-10-2007]
A.
Signs
are allowed as follows in residential zones:
2.
Residential subdivisions of ten (10) lots/units or more shall be
permitted a subdivision identification sign at each main entrance
to the subdivision which may include the name or logo or both of the
subdivision. Such sign shall not exceed thirty-two (32) 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 an entrance island located between opposing traffic lanes when
approved by the Planning Commission or City Council as part of a particular
development plan.
3.
One (1) identification sign per entrance to apartment or condominium
complex, not to exceed thirty-two (32) square feet in sign area.
4.
For permitted non-residential uses, including churches and synagogues,
one (1) freestanding sign not to exceed thirty-two (32) square feet
in sign area and one (1) wall sign not to exceed thirty-two (32) square
feet in sign area.
5.
All allowed freestanding signs shall have a maximum height of six
(6) feet and all have a setback of fifteen (15) feet from any public
right-of-way.
[Ord. No. 036-2007 §2, 12-10-2007]
A.
Signs
are allowed as follows in "C-1" commercial zones:
2.
One (1) freestanding sign or low profile sign per street frontage
not to exceed one (1) square foot in sign area for each lineal foot
of property frontage. Such signs shall not exceed a height of twenty-five
(25) feet and must be set back at least ten (10) feet from property
lines.
3.
One (1) wall sign or electric awning sign not to exceed fifteen percent
(15%) of aggregate area of building elevation on which the signs are
installed.
4.
One (1) under-canopy sign for each separate occupancy or separate
entrance not to exceed eight (8) square feet in sign area. Under-canopy
signs must have a minimum clearance of eight (8) feet to grade.
5.
Incidental signs not to exceed two (2) square feet of sign area per
occupancy.
6.
Directional/information signs as required.
7.
Where an occupancy is on a corner lot, a minimum clearview zone is
to be maintained in a triangulated area at the point of intersection
to allow an unobstructed view of oncoming traffic.
8.
Freestanding signs shall maintain clearance of ten (10) feet over
any pedestrian use and fourteen (14) feet over any vehicular use.
9.
Commercial center sign. Shall be approved only through
a conditional use permit and shall be substituted in lieu of the allowable
pole sign and shall not exceed the maximum height and setback requirements
for the zoning district and shall not exceed one (1) square foot of
sign area for each one thousand (1,000) square feet of gross floor
area within the commercial center or one (1) square foot of sign area
for each one (1) lineal foot of street frontage. That which provides
the greater area shall be used as the maximum allowable sign area.
10.
All off-premises freestanding signs within six hundred sixty (660)
feet of any highway or within the view of any highway within the City,
whichever is less, shall not be installed to exceed a height of fifty
(50) feet or shall not be located any closer than one thousand two
hundred (1,200) feet of any residential district and no billboard
shall be erected where another billboard exists within one-half (½)
mile along said highway. Such signs shall require the approval and
issuance of a conditional use permit.
11.
No sign shall be placed or designed so as to simulate or interfere
with traffic control devices or official highway directional/information
signs.
[Ord. No. 036-2007 §2, 12-10-2007]
A.
Signs
are allowed as follows in "C-1" commercial and "I-1" and "I-2" industrial
zones:
2.
One (1) freestanding sign per street frontage not to exceed one (1)
square foot of sign area for each lineal foot of property frontage.
Such signs may not exceed a height of fifty (50) feet and must be
set back at least ten (10) feet from the property line. Where street
frontage exceeds three hundred (300) lineal feet, one (1) additional
freestanding sign may be allowed per three hundred (300) foot increments.
3.
Wall signs not to exceed fifteen percent (15%) of the aggregate square
footage of the wall area upon which they are installed. Electric awning
signs not to exceed fifteen percent (15%) of the aggregate square
footage of the wall area upon which they are installed. The combination
of wall signs and electric awning signs shall not exceed fifteen percent
(15%) of the allowed wall area.
4.
Projecting signs may be used instead of any wall or freestanding
signs provided they do not project beyond fifteen (15) feet from the
building face and in no case shall encroach within fifteen (15) feet
from a property line and maintain a clearance of ten (10) feet over
pedestrian areas and fourteen (14) feet over vehicular ways.
5.
Roof signs may be allowed (where no other sign types can provide
effective identification). Roof signs shall be constructed so as to
conceal all structure and fastenings. The height of the roof sign
shall not exceed twenty percent (20%) of the total height of the building
to which it is attached, specific engineering for sign and the supporting
structure shall be provided.
6.
One (1) under-canopy sign for each separate occupancy or separate
entrance not to exceed eight (8) square feet in sign area. Under-canopy
signs must have a minimum clearance of eight (8) feet to grade.
7.
Incidental signs not to exceed two (2) square feet in aggregate area
per occupancy.
8.
All signs (freestanding, projecting, awning, marquee, canopy, under-canopy,
etc.) must maintain minimum clearances and construction electrical
standards.
9.
All off-premise freestanding signs within six hundred sixty (660)
feet of any highway or within view of any highway within the City
shall not be installed to exceed a height of fifty (50) feet or shall
not be located any closer than one thousand two hundred (1,200) feet
of any residential district and no billboard shall be erected where
another billboard exists within one-half (½) mile along said
highway or any other freestanding sign. Such signs shall require the
approval and issuance of a conditional use permit.
10.
No sign shall be placed or designed so as to simulate or interfere
with traffic control devices or official highway directional/information
signs.
[Ord. No. 036-2007 §2, 12-10-2007]
[Ord. No. 036-2007 §2, 12-10-2007]
A.
A legal
non-conforming sign may lose this designation if:
1.
The sign is relocated or replaced.
2.
The structure or size of the sign is altered in any way except toward
compliance with this Chapter. This does not refer to change of copy
or normal maintenance.
3.
Existing portable and temporary signs shall have ninety (90) days
after the effective date of this Chapter to be brought into conformity
with this Chapter.
[Ord. No. 036-2007 §2, 12-10-2007]
The legal non-conforming sign is subject to all requirements
of this Chapter regarding safety, maintenance and repair. However,
if the sign suffers more than fifty percent (50%) damage or deterioration
as based on appraisal, it must be brought into conformance with this
Chapter or removed.
[Ord. No. 036-2007 §2, 12-10-2007]
All signs shall be installed in compliance with building and
electrical codes as required by the administrator.
[Ord. No. 036-2007 §2, 12-10-2007]
A.
The
administrator is authorized to process applications for permits and
variances, hold public hearings as required and enforce and carry
out all provisions of this Chapter. The administrator is authorized
to promulgate regulations and procedures consistent with this function.
B.
The
administrator is empowered, upon presentation of proper credentials,
to enter or inspect any building, structure or premises in the City
for the purpose of inspection of a sign and its structural and electrical
connections to ensure compliance with all applicable codes and ordinances.
Such inspections shall be carried out during business hours unless
an emergency exists.
[Ord. No. 036-2007 §2, 12-10-2007]
A.
Application
for permit for the erection or relocation of a sign shall be made
to the administrator upon a form provided by the administrator and
shall include the following information:
1.
Name and address of the owner of the sign.
2.
Street address or location of the property on which the sign is to
be located, along with the name and address of the property owner.
3.
The type of sign or sign structure as defined in this Chapter.
4.
A site plan with measurements showing the proposed locations of any
and all existing and proposed signs on the same premises.
5.
Specifications and drawings showing the materials, design, dimensions,
structural supports and electrical components of the proposed sign.
[Ord. No. 036-2007 §2, 12-10-2007; Ord. No. 05-2009 §1, 3-9-2009]
A.
All
applications shall be filed with the administrator. Permit fees shall
be based on the cost of construction. The cost of construction shall
be based on the total cost of materials and labor and shall be at
the following rate: eleven dollars ($11.00) for the first five hundred
dollars ($500.00) of costs or any part thereof, plus two dollars ($2.00)
for each additional five hundred dollars ($500.00) of cost or any
part thereof up to two hundred thousand dollars ($200,000.00), then
one dollar ($1.00) per one thousand dollars ($1,000.00) of cost or
any part thereof, with a minimum fee of fifty dollars ($50.00).
B.
Any
newly constructed off-premise sign shall be inspected by the administrator.
The owner of the structure shall pay to the City an initial inspection
fee of five hundred dollars ($500.00).
C.
The
owner of each off-premise sign within the City of Herculaneum shall
pay a business tax of one hundred dollars ($100.00) per year.
D.
The
portion of this Section requiring payment of a fee shall not apply
to temporary signs erected by any corporation, church, community chest,
fund or foundation which qualified for tax exempt status pursuant
to Section 501(c)(3) of Title 26 of the United States Code, any civic
league exempt from taxation under Section 501(c)(4) of Title 26 of
the United States Code, or any social club exempt from taxation under
Section 501(c)(7) of Title 26 of the United States Code, advertising
an event the principal purpose of which is to raise money for charitable
purposes. Any such organization shall still be required to obtain
a permit and this Section shall only waive the requirement that a
fee be paid.
[Ord. No. 036-2007 §2, 12-10-2007]
A.
The
administrator shall issue a permit for the erection, structural alteration
or relocation of a sign within a reasonable period of time upon receipt
of a valid application, provided that the sign complies with all applicable
laws and regulations of the City and State. In all applications where
a matter of interpretation arises, the more specific definition or
higher standard shall prevail.
B.
When
a permit is denied, the administrator shall give written notice to
the applicant along with a brief statement of the reasons for denial,
citing Code Sections and interpretation of possible non-conformity.
The administrator may suspend or revoke an issued permit for any false
statement or representation of fact in the application.
[Ord. No. 036-2007 §2, 12-10-2007]
A.
Any
person installing, structurally altering or relocating a sign for
which a permit has been issued shall notify the administrator to conduct
inspections as prescribed by the administrator. The administrator
may require a final inspection including an electrical inspection
of footings on freestanding signs.
B.
The
administrator may require at the time of issuance of a permit that
written notification for an inspection be submitted prior to the installation
of certain signs.
[Ord. No. 036-2007 §2, 12-10-2007]
A.
When
requesting a permit, the applicant may apply to the administrator
for a variance from certain requirements of this Chapter. A variance
may be granted by the Board of Adjustment where the literal application
of this Chapter would create a particular hardship.
B.
In
granting a variance, the Board of Adjustment may attach additional
requirements necessary to carry out the spirit and purpose of this
Chapter in the public interest.
[Ord. No. 036-2007 §2, 12-10-2007]
A.
When
a violation of the Code exists, the administrator shall issue a written
order to the alleged violator. The order shall specify those Sections
of this Chapter which the individual may be in violation of and shall
state that the individual must promptly correct the alleged violation
or register an appeal to the Board of Adjustment.
B.
If
upon inspection the administrator finds that a sign is abandoned or
structurally, minimally or electrically defective or in any way endangers
the public, the administrator shall issue a written order to the owner
of the sign and/or occupant of the premises stating the nature of
the violation and requiring them to repair or remove the sign within
six (6) working days of the date of the order.
C.
Notwithstanding
other provisions of the Code to the contrary, any sign that has been
erected upon the right-of-way of any street or highway, other than
a bona fide traffic sign erected by a governmental agency, shall be
immediately removed by the Building Commissioner or designee without
notice to the owner of the sign. The owner of a sign removed under
the provisions of this Section shall be notified in writing of the
removal of the sign, the reason for its removal and informed of the
location and times the sign can be recovered by the owner. Any sign
not picked up by the owner within seven (7) days of the date of the
aforesaid written notice shall become the property of the City and
disposed of by the City. In the event that the owner of such sign
cannot be identified or located after reasonable effort, such sign
shall become the property of the City and disposed of ten (10) days
after its original removal from the right-of-way.
D.
In
case of emergency, the administrator may cause the immediate removal
of a dangerous or defective sign without notice. Signs removed in
this manner must present hazard to the public safety as defined in
the City's building or traffic codes or ordinances.
[Ord. No. 036-2007 §2, 12-10-2007]
A.
The
administrator shall, as stipulated elsewhere in this Chapter, cause
the removal of an illegal sign in cases of emergency or for failure
to comply with the written orders of removal or repair. After removal
or demolition of the sign, a notice shall be mailed to the sign owner
stating the nature of the work and the date on which it was performed
and demanding payment of the costs as certified by the administrator.
B.
If
the amount specified in the notice is not paid within thirty (30)
days of the date of the notice, then said amount shall be charged
against the property of the sign owner as a municipal lien. Said lien
shall bear interest at a rate of eight percent (8%) per annum until
paid. The administrator shall cause notice of said lien to be filed
in the Jefferson County Recorder of Deeds office. The lien hereby
created may be enforced by suit or foreclosure.
C.
The
sign owner of the property upon which the sign is located shall be
presumed to be the owner of all signs thereon unless facts to the
contrary are brought to the attention of the administrator, such as
the case of a leased sign.
D.
For
the purposes of removal, the definition of sign shall include all
sign embellishments and structures designed specifically to support
the sign.
[Ord. No. 036-2007 §2, 12-10-2007]
Any person who fails to comply with the provisions of this Chapter
shall be subject to a fine not exceeding five hundred dollars ($500.00)
or imprisonment for not more than one (1) year or both. Each day a
violation after service of written notice to state such violation,
shall constitute a separate offense.
[Ord. No. 036-2007 §2, 12-10-2007]
B.
If
any Section, Subsection, sentence, clause or phrase of this Code or
its application to any person or circumstance is held invalid by the
decision of any court of competent jurisdiction, the remainder of
this Code, or application to other person or circumstances is in effect
and shall remain in full force and effect.
