[Ord. No. 258 Art. 3 §§301
— 302]
For the purpose of this Section, the City of Herculaneum is
hereby divided into the following zoning districts:
The boundaries of all zone districts shall be shown on a map
attached to and made a part of this Section and titled "Zoning Map,
City of Herculaneum. Said map and all explanation and references thereon
are hereby incorporated into and declared to be a part of this Chapter.
[Ord. No. 258 Art. 3 §303]
A.
Zone
boundary lines are intended to follow the center line of streets,
railroad rights-of-way, streams, and recorded property lines, except
where indicated otherwise by dimension or other notation on the Zoning
Map of the City of Herculaneum.
B.
Where
zone boundaries are not fixed by dimension or other notation and where
they approximately follow property lines or other natural features
and do not scale more than twenty-five (25) feet distant therefrom,
such property line or natural feature shall be deemed to be the location
of the zone boundary.
C.
In
unsubdivided land, where the zone boundary divides a property and
the location of such boundary is not fixed by dimension or other notation
on the Zoning Map, then the location of such boundary shall be obtained
through the use of the graphic scale, and the Building Inspector shall
so use the scale.
D.
Where
a district boundary line divides a lot held in single and separate
ownership on November 8, 1982, the use regulations applicable to the
less restricted district shall extend over the portion of the lot
in the more restricted district a distance of not more than fifty
(50) feet beyond the district boundary line.
[Ord. No. 258 Art. 3 §304]
The Schedule of Lot, Yard, and Building Regulations, included as Section 410.050, sets forth the regulations of this Title with respect to minimum lot size, yard dimensions, maximum height and minimum floor area for each of the various zones. Unless modified elsewhere in this Section, such standards shall be deemed to be the minimum or maximum permitted in each of the several zones.
[Ord. No. 258 Art. 3 §304A; Ord. No. 496 §1, 7-9-1990; Ord. No. 02-004 §1, 4-8-2002; Ord. No. 36-2008 §1, 9-22-2008; Ord. No. 11-2022, 3-21-2022]
|
Minimum Lot Size
|
Minimum Yard Width
| ||||
|---|---|---|---|---|---|
|
Zone Primary Use
|
Area
|
Front
(ft.)
|
Any Side
(ft.)
|
Rear
(ft.)
|
Maximum Height
(ft.)
|
|
"F-P" Flood Plain District
|
10 AC
|
50 ft.
|
50 ft.
|
50 ft.
|
35 ft.
|
|
"P-S" Park and Scenic Dist.
|
10 AC
|
50 ft.
|
50 ft.
|
50 ft.
|
25 ft.
|
|
"R-1" Residence District
|
*
|
25 ft.
|
10 ft.
|
25 ft.
|
35 ft.
|
|
"R-2" Residence District
|
1 AC
|
35 ft.
|
10 ft.
|
35 ft.
|
35 ft.
|
|
"R-3" Residence District
|
4 AC
|
25 ft.
|
10 ft.
|
15 ft.
|
35 ft.
|
|
"C-1" Gen. Commercial Dist.
|
None
|
25 ft.
|
10 ft.
|
15 ft.
|
45 ft.
|
|
"I-1" Heavy Industrial Dist.
|
None
|
35 ft.
|
10 ft.
|
15 ft.
|
45 ft.
|
|
"I-2" Light Industrial Dist.
|
None
|
35 ft.
|
0 ft.
|
15 ft.
|
45 ft.
|
|
"P-D" Port District
|
None
|
35 ft.
|
0 ft.
|
15 ft.
|
45 ft.
|
|
* Ten thousand (10,000) square feet so long as any structure
located on said "R-1" Residence District lot shall be connected to
a public sewer. If said condition is not met, the minimum area for
"R-1" Residence District shall be fifteen thousand (15,000) square
feet.
|
[Ord. No. 258 Art. 3 §305]
A.
Permitted Primary Uses.
1.
Customary and conventional farming operations, including the raising
of livestock, poultry, vegetables, flowers and horticultural materials,
other than as a commercial greenhouse.
2.
Forest and wildlife reservations or small conservation uses.
3.
Privately operated recreational facility including a lake, swimming
pool, tennis court, riding stable or golf course.
4.
Municipal parks, playgrounds, buildings and uses deemed appropriate
and necessary by the Board of Adjustment of the City of Herculaneum.
5.
Accessory uses incidental to the above uses when located on the same
lot.
B.
Permitted Special Exception Uses.
Public Utility Uses.
[Ord. No. 258 Art. 3 §306]
[Ord. No. 258 Art. 3 §307]
A.
Permitted Primary Uses.
1.
One-family dwellings.
2.
Customary and conventional farming operations, including the raising vegetables, flowers, and horticultural materials, other than as a commercial greenhouse, but which shall not include the raising of livestock or fowl as defined in Section 230.010.
[Ord. No. 53-2020, 1-4-2021]
3.
Municipal parks, playgrounds, buildings and uses deemed appropriate
and necessary by the Board of Adjustment of the City of Herculaneum.
4.
Golf courses.
5.
Home occupations.
6.
Residential professional office.
7.
Accessing uses incidental to above uses when they are located in
the same lot.
B.
Permitted Special Exception Uses.
1.
Public utility uses.
2.
Public and private schools.
3.
Convalescent home or sanitarium.
4.
Club or lodge organized for fraternal or social purposes, provided
that the chief activity shall not be one which is customarily carried
on as a business and provided that the buildings and services shall
be for the use of members and their guests only.
5.
Churches, and similar places of worship, including rectories, parish
houses, and convents which are located on the same lot.
[Ord. No. 258 Art. 3 §308]
[Ord. No. 258 Art. 3 §309]
[Ord. No. 258 Art. 3 §310; Ord. No. 378 §1, 1-23-1989; Ord. No. 517 §1, 3-30-1992; Ord. No. 526, 11-23-1992; Ord. No.
557, 1-10-1994; Ord. No. 99-001, 1-11-1999; Ord. No. 37-2009, 11-23-2009]
A.
Permitted Primary Uses.
1.
Retail business establishments limited to the following:
a.
Hardware, paint, glass and wallpaper stores.
b.
Department stores and variety stores.
c.
Dry goods stores.
d.
Food stores, dairy stores and retail bakeries.
e.
Apparel and accessories stores.
f.
Radio, television and music stores.
g.
Eating and drinking places, including drive-through restaurants.
h.
Drug stores.
i.
Liquor stores.
j.
Antique stores.
k.
Book and stationery stores.
l.
Sporting goods, bicycle and hobby stores.
m.
Jewelry stores.
n.
Florist stores.
o.
Cigar stores and news dealers.
p.
Camera, photographic supply and art supply stores.
q.
Gift, novelty and souvenir stores.
r.
Optical goods stores.
s.
Luggage and leather goods stores.
t.
Video stores.
u.
Motels-hotels.
[Ord. No. 36-2019, 9-16-2019; Ord. No. 34-2023, 7-17-2023]
v.
Medical marijuana dispensary.
[Ord. No. 13-2019, 4-1-2019; Ord. No. 34-2023, 7-17-2023]
w.
Comprehensive marijuana dispensary facilities.
[Ord. No. 34-2023, 7-17-2023]
x.
Microbusiness dispensary facilities.
[Ord. No. 34-2023, 7-17-2023]
2.
Personal service establishments limited to the following:
a.
Banks and fiduciary institutions.
b.
Credit agencies.
c.
Security and commodity brokers.
d.
Real estate and insurance offices.
e.
Holding and investment company offices.
f.
Laundry and dry-cleaning pickup stores.
g.
Photographic studios.
h.
Barber and beauty shops.
i.
Shoe repair shops.
j.
Garment pressing, alteration and repair shops.
k.
Miscellaneous repair services, other than automotive.
l.
Dance studios and schools.
m.
Medical and health services, including veterinarian services.
n.
Legal services.
o.
Engineering and architectural services.
p.
Accounting and bookkeeping services.
q.
Grooming of dogs and other small animals.
[Ord. No. 32-2014 §1, 5-15-2014]
3.
Municipal parks, playgrounds, buildings and uses deemed appropriate
and necessary by the Planning and Zoning Commission of the City of
Herculaneum.
4.
Any other use which is determined by the Commission to be of the
same general character as the above mentioned uses.
C.
Special Use Permit Required.
1.
Ambulance service establishment.
2.
Communication tower.
3.
Golf courses, miniature and practice.
4.
Hospital.
5.
Lumber and building supply centers.
6.
Bus terminal.
7.
Tire sales and repair.
8.
Automotive centers as a part of a retail sales store.
9.
Motel-hotels.
10.
Twenty-four (24) hour convenience store with gasoline facilities.
D.
Permitted Special Exception Uses.
Public utility uses.
E.
Other Provisions And Requirements.
1.
Truck loading and unloading facilities shall be provided on the property
in other than the front yard area in sufficient amount to permit the
transfer of goods in other than a public street.
2.
Each permitted use shall be conducted within a completely enclosed
building except for off-street parking.
3.
No permanent storage of merchandise, articles or equipment shall
be permitted outside the building unless such merchandise is being
displayed for immediate sale. Such merchandise, articles or equipment
may only be displayed in such a manner as not to pose any health or
safety hazard, such as unstable stacking of merchandise or unsanitary
display of food products.
4.
No vending machine or station or similar use shall be allowed in
the required front yard or in a yard abutting a street.
5.
Any outdoor storage of trash shall be fully enclosed by a fence or
wall at least six (6) feet in height made of vinyl or masonry material
to enhance the area.
6.
Each use established in this zone shall set aside at least twenty
(20) feet in width immediately adjacent to any street upon which the
lot has frontage, and extending for the full frontage of the lot,
for purposes of providing for proper site distance and buffering from
the public road. Within such area, the owner shall establish and maintain
a planting of grass and/or horticultural ground cover. Other landscape
materials may be incorporated provided that there is no obstruction
to vision, other than a tree trunk, in the area between two (2) feet
and seven (7) feet above ground level. No other use shall be made
of this buffer area other than for a single driveway to provide access
to the use for each one hundred (100) feet of frontage upon a public
road. Such driveway shall not exceed thirty-two (32) feet in width.
7.
Wherever the property line of a use in this zone abuts the boundary
of a residence zone, an area of not less than twenty (20) feet in
width shall be set aside as a buffer area and used for no other purpose.
Said buffer shall be planted with a screen of evergreen shrubs which,
in the opinion of the Planning Commission, will be sufficient to preclude
any adverse effect of the use upon adjacent residential property or
from the transmission of headlights and exterior lighting to glare
across the property line. In addition to the landscape screen, the
area shall be adequately planted with other landscape materials, grass
and/or ground cover to present an attractive appearance.
8.
All parking lots and roadways, or other services intended for the
placement or operation of motorized vehicles, shall be paved either
with concrete, asphalt or other substance which is impervious to moisture.
No parking lots or roadways shall consist of dirt, gravel, chat, rock,
cinders or other such substance. Any and all space not utilized by
structure or paved roadways shall be landscaped with a grass or other
sod lawn, shrubs or other similar decorative vegetation.
[Ord. No. 37-2009, 11-23-2009]
A.
Permitted Primary Uses.
1.
All uses permitted within the "C-1" Community Commercial District.
2.
Retail business establishments limited to the following:
[Ord. No. 34-2023, 7-17-2023[1]]
a.
Lumber and building supply centers.
[1]
Editor's Note: This ordinance also removed Subsections (A)(2)(b)
and (c), regarding motels-hotels and medical marijuana facilities,
respectively. Prior history includes: Ord. No. 13-2019, 4-1-2019.
4.
Municipal parks, playgrounds, buildings and uses deemed appropriate
and necessary by the Planning and Zoning Commission of the City of
Herculaneum.
5.
Printing or publishing establishment.
6.
Any other use which is determined by the Commission to be of the
same general character as the above mentioned uses.
B.
Uses Permitted Upon Review And Approval By The Planning And Zoning
Commission.
C.
Special Use Permit Required.
1.
New truck and new van dealers and used vehicles, which are sold as
a part of the business of new truck and new van sales.
2.
Mini storage and office complex with related storage.
3.
New automotive dealers and accompanying used car sales.
4.
Used auto sales.
5.
Mobile home and modular home sales.
6.
Nurseries.
7.
Truck wash.
8.
Truck repair centers as a part of a retail sales store.
9.
Bus terminal.
10.
Ambulance service establishment.
11.
Communication tower.
12.
Golf courses, miniature and practice.
13.
Hospital.
E.
Other Provisions And Requirements.
1.
Truck loading and unloading facilities shall be provided on the property
in other than the front yard area in sufficient amount to permit the
transfer of goods in other than a public street.
2.
Each permitted use shall be conducted within a completely enclosed
building except for off-street parking.
3.
No permanent storage of merchandise, articles or equipment shall
be permitted outside the building unless such merchandise is being
displayed for immediate sale. Such merchandise, articles or equipment
may only be displayed in such a manner as not to pose any health or
safety hazard, such as unstable stacking of merchandise or unsanitary
display of food products.
4.
No vending machine or .station or similar use shall be allowed in
the required front yard or in a yard abutting a street.
5.
Any outdoor storage of trash shall be fully enclosed by a fence or
wall at least six (6) feet in height made of vinyl or masonry material
to enhance the area.
6.
Each use established in this zone shall set aside at least twenty
(20) feet in width immediately adjacent to any street upon which the
lot has frontage, and extending for the full frontage of the lot,
for purposes of providing for proper site distance and buffering from
the public road. Within such area, the owner shall establish and maintain
a planting of grass and/or horticultural ground cover. Other landscape
materials may be incorporated provided that there is no obstruction
to vision, other than a tree trunk, in the area between two (2) feet
and seven (7) feet above ground level. No other use shall be made
of this buffer area other than for a single driveway to provide access
to the use for each one hundred (100) feet of frontage upon a public
road. Such driveway shall not exceed thirty-two (32) feet in width.
7.
Wherever the property line of a use in this zone abuts the boundary
of a residence zone, an area of not less than twenty (20) feet in
width shall be set aside as a buffer area and used for no other purpose.
Said buffer shall be planted with a screen of evergreen shrubs which,
in the opinion of the Planning Commission, will be sufficient to preclude
any adverse effect of the use upon adjacent residential property or
from the transmission of headlight and exterior lighting to glare
across the property line. In addition to the landscape screen, the
area shall be adequately planted with other landscape materials, grass
and/or ground cover to present an attractive appearance.
8.
All parking lots and roadways or other services intended for the
placement or operation of motorized vehicles shall be paved either
with concrete, asphalt or other substance which is impervious to moisture.
No parking lots or roadways shall consist of dirt, gravel, chat, rock,
cinders or other such substance. Any and all space not utilized by
structure or paved roadways shall be landscaped with a grass or other
sod lawn, shrubs or other similar decorative vegetation.
[Ord. No. 258 Art. 3 §311; Ord. No. 37-2009, 11-23-2009]
A.
Permitted Primary Uses.
1.
Manufacturing or fabrication of any commodity from raw or semi-finished
materials.
2.
Warehousing, or wholesaling of manufactured goods.
3.
All public utility facilities.
4.
Research laboratories and facilities.
5.
Truck, rail and water-craft terminals.
6.
Railroad switching yards.
7.
Accessory buildings land uses and activities customarily incident
to any of the above uses.
B.
Other Provisions And Requirements.
1.
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.
2.
Odor. Every use shall be so operated that no offensive
or objectionable odor is perceptible at the lot line.
3.
Smoke. Every use shall be so operated that no smoke
from any source shall be limited so that the emission levels of the
Environmental Protection Agency.
4.
Toxic gases. Every use shall be so operated that
there is no emission of toxic, noxious or corrosive fumes of gases
perceptible at the lot line.
5.
Emission of dirt, fly ash and other forms of particulate
matter. The emission of dirt, fly ash, dust and other forms
of particulate matter shall not exceed the emission levels of the
Environmental Protection Agency.
6.
Radiation. Every use shall be so operated that there
is no dangerous amount of radioactive emissions in accordance with
the standards of the Federal Radiation Council.
7.
Glare and heat. Any operation producing intense
glare or heat shall be performed in an enclosure in such manner as
to be imperceptible along any lot line without instruments.
8.
All parking lots and roadways or other services intended for the
placement or operation of motorized vehicles shall be paved either
with concrete, asphalt or other substance which is impervious to moisture.
No parking lots or roadways shall consist of dirt, gravel, chat, rock,
cinders or other such substance. Any and all space not utilized by
structure or paved roadways shall be landscaped with a grass or other
sod lawn, shrubs or other similar decorative vegetation.
[Ord. No. 10-2022, 3-21-2022]
[Ord. No. 258 Art. 3 §312; Ord. No. 517 §2, 3-30-1992; Ord. No. 37-2009, 11-23-2009]
A.
Permitted Primary Uses.
1.
All uses permitted within an "I-1" Light Industrial District.
2.
Manufacturing or fabrication of any commodity from raw or semi-finished
materials, except asphalt mixing plants and ready-mix concrete plants.
3.
Warehousing or wholesaling of manufactured goods.
4.
All public utility facilities.
5.
Research laboratories and facilities.
6.
Truck, rail and watercraft terminals.
7.
Railroad switching yards.
8.
Accessory buildings land uses and activities customarily incident
to any of the above uses.
C.
Special Use Permit Required.
1.
Adult-oriented business bookstore, video store or peepshow.
2.
Any industry involved in the production, manufacture and/or storage
of explosives or ammunition.
3.
Any industry involved in the use of, processing of, disposal of,
and/or temporary storage of radioactive materials and other materials
deemed as hazardous waste.
4.
Communication tower.
5.
Correctional institution.
6.
Fertilizer manufacturing.
7.
Meat packing and processing.
8.
Rendering.
9.
Salvage yards and/or junk yards.
10.
Vehicle storage (any type vehicle) or impound yard, other than the
side of operable "motor vehicles" from, or on, the premises.
D.
Other Provisions And Requirements.
1.
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.
2.
Odor. Every use shall be so operated that no offensive
or objectionable odor is perceptible at the lot line.
3.
Smoke. Every use shall be so operated that smoke
from any source shall be limited so that the emission levels of the
Environmental Protection Agency are met.
4.
Toxic gases. Every use shall be so operated that
there is no emission of toxic, noxious or corrosive fumes of gases
perceptible at the lot line.
5.
Emission of dirt, fly ash and other forms of particulate
matter. The emission of dirt, fly ash, dust and other forms
of particulate matter shall not exceed the emission levels of the
Environmental Protection Agency.
6.
Radiation. Every use shall be so operated that there
is no dangerous amount of radioactive emissions in accordance with
the standards of the Federal Radiation Council.
7.
Glare and heat. Any operation producing intense
glare or heat shall be performed in an enclosure in such manner as
to be imperceptible along any lot line without instruments.
8.
All parking lots and roadways or other services intended for the
placement or operation of motorized vehicles shall be paved either
with concrete, asphalt or other substance which is impervious to moisture.
No parking lots or roadways shall consist of dirt, gravel, chat, rock,
cinders or other such substance. Any and all space not utilized by
structure or paved roadways shall be landscaped with a grass or other
sod lawn, shrubs or other similar decorative vegetation.
[Ord. No. 10-2022, 3-21-2022]
[Ord. No. 11-2022, 3-21-2022]
A.
Permitted Primary Uses.
1.
Manufacturing or fabrication of any commodity from raw or semi-
finished materials, except asphalt mixing plants and ready-mix concrete
plants.
2.
Warehousing, or wholesaling of manufactured goods.
3.
Coal or coke storage or transfer.
4.
Grain handling, storage and transfer.
5.
Cold storage.
6.
All public utility facilities.
7.
Truck, rail and watercraft terminals.
8.
Railroad switching yards.
9.
River-related equipment (cranes, conveyors, lifts, etc.) necessary
for port/river transfer.
10.
Public and private offices and office buildings.
11.
Accessory buildings, land uses and activities customarily incidental
to any of the above uses. No accessory building is to be used for
dwelling purposes.
B.
Uses Permitted Upon Review And Approval By The Planning And Zoning
Commission.
1.
Asphalt mixing plants.
2.
Ready-mix concrete plants.
3.
Research laboratories and facilities.
5.
Personal service establishments limited to the following:
a.
Banks and fiduciary institutions.
b.
Security and commodity brokers.
c.
Laundry and dry-cleaning pickup stores.
d.
Barber and beauty shops.
e.
Medical and health services, not including veterinarian services.
f.
Twenty-four-hour convenience stores with gasoline facilities.
g.
Car washes.
h.
Automotive repair garages.
6.
Any other use which is determined by the Commission to be of
the same general character as the above-mentioned uses.
C.
Special Use Permit Required.
1.
Any industry involved in the production, manufacture and/or
storage of explosives or ammunition.
2.
Any industry involved in the use of, processing of, disposal
of, and/or temporary storage of radioactive materials and other materials
deemed as hazardous waste.
3.
Any industry involved in the processing of ore or metal refining.
4.
Fertilizer manufacturing, storage or transfer.
5.
Meat packing and processing.
6.
Salvage yards and/or junkyards.
7.
Motels — hotels.
D.
Perimeter Buffer And Landscaping. Prior to approval of a final site
development plan for a non-residential development, the developer
shall submit a landscaping plan which shall conform to the following:
1.
All yards and open spaces along exterior or interior streets
shall be landscaped with trees and shrubs, graded, sodded and irrigated.
The Planning and Zoning Commission may recommend and the Board of
Aldermen may require topographic relief (mounds and berms) via the
site plan if deemed necessary and appropriate.
2.
Any part of the lot not used for buildings or other structures
or parking, loading, outside storage or accessways shall be landscaped
with sod, ground cover, trees and shrubs.
3.
A minimum planting strip of ten (10) feet in width shall be
provided and maintained within the required front yard. Trees shall
be spaced no greater than thirty-five (35) feet on center across all
front yards.
4.
A minimum planting strip of ten (10) feet in width shall be
provided for a yard abutting the exterior perimeter of a "P-D" Port
District, which shall be landscaped with shrubs, bush and hedge plantings
and trees at not more than thirty-five (35) feet on center. A minimum
of one (1) shrub, bush or hedge shall be provided for every ten (10)
feet of lot perimeter or fraction thereof. Trees, shrubs and bushes
are not required to be planted on center, but may be clustered to
provide an enhanced landscaped appearance.
5.
Along all property lines abutting the exterior perimeter of
a "P-D" Port District, in addition to the required landscaping, there
shall be a landscaped berm provided and maintained. Said landscaped
berm shall be placed on the interior portion of the required minimum
planting strip.
a.
All fences shall be black vinyl-clad chainlink, ornamental iron
or of masonry materials limited to a minimum height of six (6) feet
and a maximum height of eight (8) feet. If the fence is located on
a utility easement and maintenance of utility lines are required for
that area, then the property owner is responsible for replacement
of the fence if removed. The perimeter fencing shall be complementary
in its design and construction. Fencing may not be electrified or
contain barbed wire or razor wire.
b.
Berms shall be a minimum of three (3) feet and a maximum height
of five (5) feet with the required landscaping placed along the top
of the berm. The berms shall be constructed of earthen material.
6.
Each non-residential site, upon development, shall have installed
an automatic, permanent irrigation system designed to cover all landscaped
areas, if significant in size and per site plan approval.
7.
Deciduous trees shall have a minimum caliper of two and one-half
(2 1/2) inches in the trunk measured one (1) foot above the ground.
Evergreen trees on the exterior perimeter of a "P-D" Port District
shall be a minimum of six (6) feet in height at planting. Evergreen
trees for interior landscaping shall be a minimum of three (3) feet
in height. Required landscape hedges and shrubs shall be planted at
a minimum height of eighteen (18) inches.
E.
Lighting.
1.
All exterior lighting, building and parking lot lights and landscape
lighting shall be diverted away from adjacent highways, streets and
properties so that no light is cast on adjourning properties or public
roadways.
2.
No light standards shall exceed twenty-five (25) feet in height.
3.
All lighting shall be metal halide or LED mounted in downcast
lighting fixtures and served with underground cables.
4.
Parking lots and walkways shall be illuminated to provide for
the safe use therefor, with a minimum uniform illumination of two
(2) footcandles within said area but not more than five-tenths (0.5)
footcandle at the property line.
F.
Elevations Required. Building elevations for each development shall
be submitted to the Planning and Zoning Commission for review and
to the Board of Aldermen for review and approval. These elevations
shall show the materials and the respective colors to be used. The
building elevations shall be drawn on a minimum size sheet of eleven
(11) inches by seventeen (17) inches in dimension and be of reasonable
quality. A file-ready (approximately eight and one-half (8 1/2)
inches by eleven (11) inches size) copy of the rendering must be submitted
to the City and kept for a permanent record.
G.
Architectural Design Standards.
1.
All sides of structures shall receive equal architectural treatment
or be compatible with each other as determined by the Planning and
Zoning Commission.
2.
The use of decorative masonry, glass, textured/form lined tilt-up
concrete panels or decorative architecturally enhanced metal wall
panels are required for exterior-facing materials. Non-decorative
prefabricated metal and non-decorative cinder block building exteriors
are prohibited. Applicants shall provide an exhibit and samples of
the proposed materials.
3.
All HVAC and mechanical equipment shall be screened from public
view. Roof- and wall-mounted equipment and materials shall be screened
and made a part of the architecture of the building and are to be
painted to match the building or roof color.
H.
Waste Containers. All exterior waste containers, container racks,
incinerators or other outside storage areas shall have a concrete
floor and be screened from public view by an enclosure which shall
be a minimum of six (6) feet in height.
I.
Signage. All signage shall be governed by the provisions of the City's
sign regulations applicable to commercial and industrial zones, excepting
that roof signs shall not be permitted.
J.
Other Provisions And Requirements.
1.
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 on which the use is located.
2.
Odor. Every use shall be so operated that no offensive or objectionable
odor is perceptible at the zoning district perimeter.
3.
Smoke. Every use shall be so operated that smoke from any source
shall be limited so that the emission levels of the Environmental
Protection Agency are met.
4.
Toxic Gases. Every use shall be so operated that there is no
emission of toxic, noxious, or corrosive fumes of gases perceptible
at the lot line.
5.
Emission Of Dirt, Fly Ash And Other Forms Of Particulate Matter.
The emission of dirt, fly ash, dust and other forms of particulate
matter shall not exceed the emission levels of the Environmental Protection
Agency.
6.
Radiation. Every use shall be so operated that there is no dangerous
amount of radioactive emissions in accordance with the standards of
the Federal Radiation Council.
7.
Glare And Heat. Any operation producing intense glare or heat
shall be performed in an enclosure in such manner as to be imperceptible
along any lot line without instruments.
8.
Noise. It shall be unlawful for any person to make, continue
or cause to be made or continued any excessive, unnecessarily loud
noise or any noise which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of others.
9.
Paving. All parking lots and roadways, or other services intended
for the placement or operation of motorized vehicles, shall be paved
either with concrete, asphalt or other substance which is impervious
to moisture. No parking lots or roadways shall consist of dirt, gravel,
chat, rock, cinders, or other such substance.
10.
Loading. Placement of the loading dock(s) and delivery area(s)
shall be reviewed by the Planning and Zoning Commission so as to minimize
disturbance and enhance the aesthetics to adjacent properties. The
loading space shall be a minimum of seventy-five (75) feet and trucks
which are loading or unloading shall not extend onto the street.
[Ord. No. 13-2022, 5-2-2022]
11.
Dangerous Or Noxious Cargoes. The handling of dangerous or noxious
cargoes such as oil, oil products, gasoline, or dangerous chemicals
may only take place in designated areas to ensure general safety.
The loading or discharging of dangerous or noxious cargoes shall be
supervised by a safety authority in such matters.
12.
Notification. The City of Herculaneum and Port Authority shall
be provided with full information as to the type and amount of dangerous
or noxious products in the port area and the location where those
products are stored and handled. In the event of chemical storage
sites located within the port area, the City of Herculaneum and Port
Authority shall be fully informed about possible dangers and risks
with respect to potential explosions or damage to the environment.
[Ord. No. 37-2009, 11-23-2009]
A.
Purpose. The "HC" Highway Corridor Overlay District is established
in recognition of the importance of the highway corridors to the City's
image and development. Its purpose is to establish special design
guidelines and standards to ensure high-quality and compatible development.
The district encourages architectural design and more imaginative
and innovative design of projects developed in a symbiotic relationship
with the major transportation corridors.
Similar to a planned urban development district, this district
promotes a more desirable community environment, while retaining control
over the structures and site improvements. The "HC" Highway Corridor
Overlay District serves to preserve existing natural features, scenic
quality or existing open spaces and adapting the development to existing
land features, while achieving a greater flexibility in development
of land. The district is an overlay district in relationship to existing
underlying districts.
B.
Location. The "HC" Highway Corridor Overlay District shall
be applied to only those designated areas as shown on the official
Zoning Map of the City of Herculaneum, Missouri.
C.
Permitted Uses. Only those uses listed as primary permitted
uses for the underlying zoning district, as shown on the official
Zoning Map, shall be allowed as permitted uses.
D.
Special Uses. Only those uses listed as special uses for
the underlying zoning district, as shown on the official Zoning Map,
shall be allowed as special uses in accordance with the procedure
outlined under this Title.
E.
Prohibited Uses. Only those uses listed as permitted or
special uses or similar uses approved by the Commission for the underlying
zoning district, as shown on the official Zoning Map, shall be allowed.
F.
Regulations And Performance Standards.
1.
General standards. Approval of the preliminary
and/or site development plan may provide for exceptions from bulk,
area and setback requirements of the underlying zoning districts as
may be necessary or desirable to achieve the objectives of the proposed
development; provided however, such exceptions do not permit a use
prohibited by this Section or the underlying zoning district, are
consistent with the standards and criteria contained in this Section
and, further, that no modification of the regulations contained herein
would be allowed with the following results:
a.
Inadequate or unsafe access to the development;
b.
Traffic volumes exceeding the anticipated capacity of the proposed
major street network in the vicinity;
c.
Undue burden on public parks, recreation areas, schools, fire and
police protection and other public facilities which serve or are proposed
to serve the development;
d.
Development which will be incompatible with the purposes of this
Chapter; and/or
e.
Detrimental environmental impact on the surrounding area, including
aesthetics.
It shall be the responsibility of the applicant to clearly demonstrate
that the above criteria are being met. The burden of proof shall rest
with the developer and not the Administrative Officer or the Planning
and Zoning Commission.
These regulations apply to new construction and are applicable
when a preliminary plat and/or site plan is required under the guidelines
established in the City Code.
2.
Designation of open space in residential developments —
buffer yards — berms.
a.
For residential development, a minimum of fifteen percent (15%) of
the total project area shall be dedicated as common open space. Pre-developed
slopes of thirty percent (30%) or more shall be preserved as common
open space, excluding areas used in conjunction with subdivision plan
street layout and design. Floodplain or floodway areas shall be designated
as common open space utilized for recreational or open space amenities.
Impact on these areas is permissive upon application and preliminary
and final plan approval for portions of residential lot development.
b.
Common open space in residential developments shall be used for the
collective enjoyment of the occupants of the development or for the
general public, if so dedicated. Common open space shall be distributed
equally throughout the development as practicable and be highly accessible
to the dwelling units it is intended to serve and shall not be isolated
to areas of unusable land.
c.
No area of interior project common open space in the residential
development plan shall be less than ten (10) feet in width at its
smallest dimension.
d.
The use, operation and maintenance of the residential common open
space areas and common ground buildings shall be guaranteed through
establishment of a trust indenture represented by an association of
trustees.
e.
For residential properties fronting along Interstate 55, there shall
be a minimum berming and dense landscaping of ten (10) feet in height
to mitigate the effects of noise on residential dwelling units.
3.
Perimeter buffer and landscaping — non-residential
developments. Prior to approval of a final site development
plan for a non-residential development, the developer shall submit
a landscaping plan which shall conform to the following:
a.
All yards and open spaces along exterior or interior streets shall
be landscaped with trees and shrubs graded, sodded and irrigated.
The Planning and Zoning Commission may recommend and the Board of
Aldermen may require topographical relief (mounds and berms) via the
site plan if deemed necessary and appropriate.
b.
Any part of the lot not used for buildings or other structures or
parking, loading or access ways shall be landscaped with sod, ground
cover, trees and shrubs.
c.
A minimum planting strip of fifteen (15) feet in width shall be provided
and maintained within the required front yard. Trees shall be spaced
no greater than thirty-five (35) feet on-center across all front yards.
d.
A minimum planting strip of ten (10) feet in width shall be provided
for a yard abutting Interstate 55, which shall be landscaped with
shrubs, bush and hedge plantings and trees at not more than thirty-five
(35) feet on-center. A minimum of one (1) shrub, bush or hedge shall
be provided for every ten (10) feet of lot perimeter or fraction thereof.
Shrubs and bushes are not required to be planted ten (10) feet on-center,
but may be clustered to provide an enhanced landscaped appearance.
e.
Foundation planting shall be planted and maintained along publicly
viewed exterior walls of all buildings at the ratio of one (1) plant
material for every five (5) lineal feet of exterior wall. Said plant
material may be clustered or otherwise arranged for optimum visual
effect rather than being spaced evenly along the building perimeter.
f.
Along all rear and side property lines that abut a residential district
or development, a twenty (20) foot landscaped buffer (transition yard)
and sight-proof fence or landscaped berm shall be provided and maintained.
(1)
The buffer shall contain evergreen plant material with a minimum
height of six (6) feet planted on ten (10) foot centers and staggered.
(2)
All fences shall be solid vinyl, ornamental iron or masonry
material limited to a maximum height of six (6) feet and shall not
extend beyond the front building line of the subject property. The
fence may be located on the side and rear property lines, but if the
fence is located on a utility easement and maintenance of utility
lines are required in that area, then the property owner is responsible
for replacement of the fence if removed.
g.
Green space adjacent to the frontage areas along Interstate 55 shall
provide a continuous row of five (5) gallon container shrubs or bushes
planted at a ratio of ten (10) per forty (40) lineal feet of parking
lot frontage.
h.
The minimum area to be devoted to green open space and landscaping
shall be equal to a percentage of the gross area of the site as follows:
|
|
Gross Area
|
Green Space and Landscaping
|
|---|---|---|
|
|
1 to 3.999 acres
|
25%
|
|
|
4 acres and larger
|
20%
|
i.
Each non-residential site, upon development, shall have installed
an automatic, permanent irrigation system designed to cover all landscaped
areas, if significant in size and per site plan approval.
j.
Deciduous trees shall have a minimum caliper of two and one-half
(2½) inches in the trunk measured one (1) foot above the ground.
Evergreen trees shall be a minimum of six (6) feet in height at planting.
Evergreen trees used for interior landscaping shall be a minimum of
three (3) feet in height. Required landscape hedges and shrubs shall
be a planted at a minimum height of eighteen (18) inches.
4.
Lighting.
a.
All exterior lighting, building and parking lot lights and landscape
lighting shall be directed away from adjacent highways, streets and
properties so that no light is cast on adjoining properties or public
roadways.
b.
No light standards utilized for the illumination of parking areas
shall exceed twenty-five (25) feet in height. No other light standard
shall exceed eighteen (18) feet in height.
c.
The pole, pole base and fixture housing shall be bronze or black.
d.
All lighting shall be metal halide and served with underground cables.
e.
All parking areas and walkways shall be illuminated so as to produce
a minimum uniform illumination of two (2) foot-candles within said
area but no more than one-half (0.5) foot- candles at the property
line.
5.
Elevations required. Building elevations for each
development shall be submitted to the Planning and Zoning Commission
for review and to the Board of Aldermen for review and approval. These
elevations shall show the materials and the respective colors to be
used. The building elevations shall be drawn on a minimum size sheet
of eleven (11) inches by seventeen (17) inches in dimension and be
of reasonable quality. A file ready (approximately 8½" x 11"
size) copy of the rendering must be submitted to the City and kept
for a permanent record.
6.
Architectural design standards.
a.
All sides of structures shall receive equal architectural treatment
or be compatible with each other as determined by the Planning and
Zoning Commission. Structures are strongly encouraged to have architectural
features (i.e. reveals, dormers, soldier courses, cornices, etc.)
to add architectural character to the structure. Landscaping or topographic
relief can be used as screening in lieu of providing masonry as determined
by the Planning and Zoning Commission.
b.
The use of decorative masonry, glass, textured/form lined tilt-up
concrete panels or decorative architecturally enhanced metal wall
panels are required for exterior facing materials for non-residential
buildings. The use of decorative masonry and architectural vinyl siding
is required for exterior facing materials for residential buildings.
Non-decorative prefabricated metal and non-decorative cinder block
building exteriors are prohibited. A total of thirty (30%) percent
of a wall elevation can be an EIFS material or other material upon
recommendation by the Planning and Zoning Commission and approval
by the Board of Aldermen. Applicant shall provide an exhibit or samples
of the proposed materials.
c.
The primary color on all buildings shall be earth tone color(s).
Non-earth tone colors may be permitted as accent markings upon review
and approval by the Planning and Zoning Commission.
d.
Roof coverings for pitched roofs shall be composed of one (1) of
the following materials:
e.
All HVAC and mechanical equipment shall be screened from public view.
Roof and wall mounted equipment and materials shall be screened and
made a part of the architecture of the building and are to be Painted
to match the building or roof color.
f.
Gasoline canopies shall be architecturally compatible with the principal
structure on the premises and shall not exceed a height of eighteen
(18) feet.
g.
All retaining walls shall be architecturally compatible with the
principal structure and be constructed of an architectural masonry
material. Wood ties and cinder block materials are prohibited.
h.
All service doors and/or overhead doors shall have an exterior color
which predominately matches the building color.
i.
Buildings are encouraged to utilize Leadership in Energy and Environmental
Design (LEED) concepts and principles in their design and construction.
7.
Protective screening. All exterior waste containers,
container racks, incinerators or other outside storage areas shall
have a concrete floor and be screened from public view by an enclosure
which shall be a minimum of six (6) feet in height. Screening shall
be constructed of vinyl or masonry materials similar to the building
and may be attached to the main building structure upon review and
approval by the Planning and Zoning Commission. The container collection
areas shall not be located in the front yard area.
8.
Signage. All signage shall be governed by the provisions
of the City's sign regulations.
9.
Pedestrian access. All non-residential buildings
shall provide a bicycle rack and have the site designed with pedestrian
access with walk paths and a connection to adjacent public sidewalks.
All residential developments shall be designed with pedestrian access
to common ground and adjacent public sidewalks.
10.
Detention. Any above-ground stormwater holding facilities
shall be constructed as retention basins. Detention facilities shall
be located underground.
11.
Underground services. All electric, telephone,
voice-over-IP ("VoIP"), cable, IP-enabled video and other similar
services in residential areas shall be located underground. In all
non-residential areas, all utility service shall be located underground.
Distribution service, if overhead, shall be along the rear property
line(s) of the development.
12.
Density bonus.
a.
Residential. The Board of Aldermen may approve an
increase in allowable density within an underlying zoning district
up to ten percent (10%) of additional lots based upon net development
area. The density bonus shall be calculated on the basis of the net
development area, which excludes required right-of-way and required
open space.
b.
If a density bonus is requested, the applicant shall document all
site amenities, improvements and location of additional lots for the
City's review and consideration.
13.
Non-residential waiver. The minimum site sizes and/or
setback requirements of the underlying non-residential zoning district
may be modified by the Board of Aldermen upon recommendation by the
Planning and Zoning Commission if a specific proposal has severe limitations
regarding topography, tree cover, wetlands, floodplains, soil conditions,
utility easements or unusual land shape or proportions for conventional
development; or if it is determined that the layout proposed is desirable
or necessary in relationship to the surrounding neighborhood; or if
the Board of Aldermen determines such modification to be in the general
public interest.
14.
Height exceptions. In any district, building(s)
may be erected to a height not exceeding seventy-five (75) feet upon
recommendation by the Planning and Zoning Commission and approval
by the Board of Aldermen, provided that such building(s) shall have
yards which shall be increased one (1) foot on all sides for each
additional foot that such building(s) exceed the specified height
limit as established by the regulations of the district in which the
building(s) are situated.
15.
Scope of review. The Planning and Zoning Commission
shall consider, but not be limited to, the following factors in review
of the site plan:
a.
Access to site.
b.
Drainage system of both roads and land development.
c.
Exterior colors and materials.
d.
Height, bulk and area of building.
e.
Plot plan including landscaping and screen planting, parking and
loading areas.
f.
Recreational facilities and open space provisions.
g.
Relation to existing structures in the vicinity.
h.
Setback distances from all property lines.
i.
Sewage disposal system.
j.
Size and spacing of windows, doors and other openings.
k.
Size, type and location of signs.
l.
Size, type and location of towers, chimneys, roof structures, flagpoles,
antennas, etc.
m.
Solid waste collection system.
n.
Type and pitch of roofs.
o.
Water distribution system.
16.
Design manual. The Administrative Officer is authorized
to compile and keep on file a manual demonstrating the design requirements
of the "HC" Highway Corridor Overlay District.
17.
Zoning map.
a.
Establishment. The locations and boundaries of the
zoning districts established herein shall be and are shown on the
Zoning Map, which is hereby incorporated into and made a part of this
Title. The Zoning Map, together with all officially authorized notations,
references and other information shown thereon and all amendments
thereto, shall be a part of this Title and shall have the same force
and effect as if the Zoning Map, together with all notations, references
and other information shown thereon, were fully set forth and described
herein.
b.
Maintenance. The Administrative Officer or his/her
designee shall maintain the Zoning Map and shall be responsible for
making any officially approved changes thereto.
[Ord. No. 258 Art. 4 §401]
No building shall hereafter be erected and no existing building
shall be moved, structurally altered, rebuilt, added to or enlarged,
nor shall any land be used for any purpose other than those included
among the uses listed as permitted uses in each zone by this Title
and meeting the requirements set forth in the appended Schedule. Nor
shall any open space contiguous to any building be encroached upon
or reduced in any manner, except in conformity to the area and bulk
requirements, off-street parking requirements, and all other regulations
designated in the Schedule and this Title for the zone district in
which such building or space is located. In the event of any such
unlawful encroachment or reduction, such building or use shall be
deemed to be in violation of this Title, and the certificate of occupancy
shall become void.
[Ord. No. 258 Art. 4 §402; Ord. No. 02-017 §1, 6-10-2002]
A.
No
structure shall be built within fifty (50) feet of a stream bed which
carried water on an average of six (6) months of the year, or on land
which is subject to periodic overflow of a stream.
B.
No
persons, firm or corporation shall strip, excavate, or otherwise remove
top soil for sale or other use other than on the premises from which
taken, except in connection with the construction or alteration of
a building on such premises and excavating or grading incidental hereto.
C.
Existing
natural features such as trees, brooks, drainage channels, and views
shall be retained. Whenever such features interfere with the proposed
use of the property, the Public Works Coordinator may authorize their
removal or relocation, provided that there will be, in his opinion,
no substantial adverse affect upon other property values in the area,
and an alternate is not feasible.
[Ord. No. 258 Art. 4 §403; Ord. No. 22-2008 §2, 6-23-2008; Ord. No. 36-2008 §2, 9-22-2008]
A.
No
lot shall have erected upon it more than one (1) principal residential
building. No yard or other open space provided about any building
for the purpose of complying with the provisions of this Title shall
be considered to provide a yard or open space for any other building.
B.
Every
primary building shall be built upon a lot with frontage upon a public
street improved to meet the City's requirements or for which such
improvements have been insured by the posing of a performance guarantee
pursuant to the Land Subdivision Ordinance of the City of Herculaneum
unless relief has been granted by the Board of Adjustment.
C.
At
the intersection of two (2) or more streets, no hedge, fence or wall
(other than a single post or tree) which is higher than two (2) feet
above curb level, nor any obstruction to vision, shall be permitted
in the triangular area formed by the intersecting street lines and
a line joining each thirty (30) feet distance from said intersection
along said street line.
D.
All
yards facing on a public street shall be considered front yards and
shall conform to the minimum front yard requirement for the zone in
which located. Corner lots shall provide the minimum front yard requirements
for the respective zone for both intersecting streets, for both principal
and accessory buildings.
E.
Where
a building lot has frontage on a street which the Comprehensive Master
Plan of the Official Map of the City indicates is proposed for right-of-way
widening, the required front yard area shall be measured from such
proposed right-of-way line.
F.
All
yards, open space, off-street parking, and required landscaping shall
be contained within the zone in which the use is permitted.
G.
A secondary
building attached to a primary building shall comply in all respects
with the yard requirements of this Title for the primary building.
Detached accessory buildings and detached structures shall be located
to the rear of the front building line of the primary building and
shall conform to the side yard requirements of the Schedule with respect
to all other property lines.
H.
For
the purpose of regulating the locations of accessory buildings on
corner lots, and on lots extending through between two (2) parallel
streets, all portions of a corner lot or a through lot which fronts
on a public street shall be subject to the front yard requirements
of the zone district in which said corner lot or through lot is located.
I.
When
a new lot is formed so as to include within its boundaries any part
of a former lot on which there is an existing building or use, the
subdivision must be carried out in such a manner as will not infringe
upon any of the provisions of this Title either with respect to any
existing structures on use and any proposed structures or use.
J.
The
provisions of this Title shall not apply to customary local utility
distribution or collection lines for water, gas, telephone or electric
service. All facilities such as pumping stations, repeater stations
and electric substations which require a structure above grade shall
be subject to the provisions of this Title with respect to special
exception uses as indicated in each of the respective zones.
K.
Prohibited
Uses. Any use not specifically permitted in the zoning district established
by this Title is hereby specifically prohibited from that district
and further provided that the following uses and activities shall
be specifically prohibited in any zone in the City of Herculaneum.
L.
Marijuana-Related Entities.
[Ord. No. 34-2023, 7-17-2023]
1.
Medical Marijuana-Related Entities, Medical (Marijuana) Facilities,
And Marijuana Facilities. Medical marijuana-related entities, medical
(marijuana) facilities, and marijuana facilities, as defined in this
Chapter, shall meet the following standards in addition to all other
zoning requirements in order to operate within the City of Herculaneum:
a.
No person shall cause or permit the establishment of a medical
marijuana dispensary facility, comprehensive marijuana dispensary
facility, or microbusiness dispensary facility where such facility
is within one thousand (1,000) feet of a parcel of land which is used
primarily for any of the following protected uses:
b.
No person shall cause or permit the establishment of a medical
marijuana dispensary facility, comprehensive marijuana dispensary
facility, or microbusiness dispensary facility where such facility
is within one thousand (1,000) feet of an alcohol or drug abuse facility
as defined by the State of Missouri, Chapter 631, RSMo.
Such distances referred to above shall be measured by the methodology
established in Article XIV of the Missouri State Constitution. For
the purposes of this measurement, alcohol or drug abuse facilities
shall be subject to the proximity criteria for churches, elementary
or secondary schools, and day cares.
c.
No person shall cause or permit the establishment of an outdoor
medical marijuana cultivation facility, or any outdoor cultivation
associated with a comprehensive cultivation facility or microbusiness
warehouse facility where such facility is within two hundred fifty
(250) feet of a parcel of land which is used primarily for any of
the following protected uses:
(1)
Churches;
(2)
Elementary or secondary schools; and
(3)
Day cares.
Such distances referred to above shall be measured by the methodology
established in the Missouri State Constitution for medical marijuana-related
entities facilities [herein referred to as medical (marijuana) facilities]
and protected uses.
d.
Medical marijuana dispensary facilities, comprehensive marijuana
dispensary facilities, and microbusiness dispensary facilities shall
provide parking spaces in an amount not below fifteen (15) per one
thousand (1,000) square feet gross floor area plus one (1) additional
space for each employee on the maximum shift and one (1) space for
each vehicle utilized in the day-to-day operation of the business.
e.
Nuisances. No medical marijuana-related entities, (marijuana) facility or marijuana facility, or marijuana microbusiness facility, as defined in this Chapter, shall emit an odor or in any way cause a public nuisance per Chapter 205 of this Code. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises or other changes to the facilities can be required if a public nuisance violation occurs.
f.
Any entity owning, controlling or leasing, acting as agent for,
conducting, managing or operating any marijuana entity/facility shall
comply with Article XIV of the Missouri Constitution, Chapter 95 of
Title 19, Division 30 of RSMo., and as provided for in this Chapter.
g.
No person under the age of eighteen (18) years old shall be
allowed into a marijuana facility, except that a qualifying patient
who is under the age of eighteen (18) years but who has been emancipated
by a court order and a qualifying patient's parent or guardian
may be allowed into a marijuana facility.
h.
It shall be unlawful to display in any street window or show
window any marijuana or marijuana-infused products.
i.
All edible marijuana-infused products shall be sold in individual,
child-resistant containers that are labeled with dosage amounts, instructions
for use, and estimated length of effectiveness. All marijuana and
marijuana-infused products shall be sold in containers clearly and
conspicuously labeled, in a font size at least as large as the largest
other font size used on the package, as containing "Marijuana," or
a "Marijuana-Infused Product."
j.
Security requirements for any marijuana facility, include, at
a minimum, lighting, physical security, video, alarm requirements,
and other minimum procedures for internal control as deemed necessary
by Article XIV of the Missouri Constitution, Chapter 95 of Title 19,
Division 30 of RSMo., and as provided for in this Chapter. A marijuana
facility shall notify the City of changes, alterations, or modifications
of security.
k.
No entity shall dispose of marijuana or marijuana-infused products
in an unsecured waste receptacle not in possession and control of
the entity and designed to prohibit unauthorized access.
[Ord. No. 258 Art. 4 §404]
A.
The
height limitations of this Title shall not apply to silos, church
spires, belfries, cupolas, and domes not used for human occupancy.
B.
Chimneys,
ventilators, skylights, water tanks, and similar features, and necessary
mechanical appurtenances usually carried on and above the roof level
may exceed the height limitations of this Title by not more than fifteen
(15) feet provided not more than thirty percent (30%) of the roof
area is occupied by such equipment. If such equipment is construed
as a second structure, apart from the primary structure, the height
restrictions of this Title shall apply.
C.
The
provisions of this Title shall not apply to prevent the erection above
the building height limit of a parapet wall or cornice for ornament
(and without windows) extending above such height limit not more than
five (5) feet. Public and quasi-public buildings, schools, churches,
and other similar permitted uses shall increase the front, rear and
side yards by one (1) foot for each foot by which such buildings exceed
the height limit herein established for such zone in which it is located,
and further provided that in no case shall any building have a height
greater than fifty (50) feet.
[Ord. No. 258 Art. 4 §405]
Any parcel of land with an area or width less than that prescribed
for a lot in the zone in which such lot is located may be used as
a lot for any purpose permitted in the zone, provided that the minimum
area requirements for such lot shall be fifty percent (50%) of the
area and width requirements for the zone in which located; and further
provided that all other regulations prescribed for the zone by this
Ordinance are complied with. Lots which are not of the required minimum
area or width may be used for any purpose permitted in the zone in
which they are located.
[Ord. No. 258 Art. 4 §406]
Front Yards. In such cases in residential
and commercial zones where the frontage on the same side of the street
within five hundred (500) feet is fifty percent (50%) or more developed,
then the required front yard area for a new structure shall be modified
to the average for existing development.
[Ord. No. 258 Art. 4 §407]
A.
It
is recognized that it may be in the interests of the City of Herculaneum
and in accordance with the purpose of this Title to permit temporary
activities for a limited period of time, which activities may not
be permitted by other provisions of this Title. If such uses are of
such a nature and are so located that at the time of application they
will:
B.
Upon
proper application to and favorable findings by the Board of Aldermen,
the Building Inspector may be directed to issue a permit for such
period as the Board of Aldermen may specify.
[Ord. No. 258 Art. 408]
A.
Purpose. In order to assure the harmonious development of
all areas of the City of Herculaneum in accordance with the intended
appearance of each neighborhood as established by the Comprehensive
Plan, to assure that maximum care is exercised to preserve and enhance
existing natural features, to preclude the creation of traffic flow
or traffic safety problems, to conserve the general value of property
within the City and to maximize efforts to assure each property owner
the right to safe and comfortable enjoyment of his property, a plan
for every use or structure proposed within the City except a one-family
detached dwelling on a single lot in a residential zone shall be reviewed
by the Planning and Zoning Commission prior to the issuance of a Zoning
Permit.
B.
Procedure. After application for a zoning permit for the
construction (not to include internal remodeling or internal alterations)
of any use of structure other than a single family detached dwelling
on a single lot in a residential zone and after determination by the
Building Inspector that no variance or special exception from the
terms of this Title will be required as a prerequisite to issuance
of such permit, the owner, builder or their agent shall submit three
(3) copies of the site plan for the entire parcel to be developed,
architectural drawings and specifications to include all elevations
of proposed buildings, the locations of all buildings proposed upon
the parcel, the location and type of buffering, screening and landscaping
proposed, the size, location and arrangement of all off-street parking
areas, driveways and loading areas, the size location and types of
signs proposed accessory to the building or use and such other information
as may be required to permit consideration of the items listed above.
Such plans shall be true and accurate, drawn at an appropriate scale
and certified by a registered architect or licensed professional engineer.
The Building Inspector shall refer one (1) copy of such plans to each
of the Planning and Zoning Commission for review and recommendations.
1.
In the event a variance or special exception to the terms of this
Title is required, including a special exception use permit, the owner,
builder or their agent shall be required to meet the terms of this
Section only after the Board of Adjustment has approved the granting
of the variance or special exception use. The decision of the Board
of Adjustment shall modify the terms and requirements of this Title
of any such particular matter, and the Planning and Zoning Commission
shall work within the context of only the specific relief or exception
so granted.
2.
The Planning and Zoning Commission shall determine, in their review,
that the proposed site plan and structures will compare favorably
with community standards, other neighborhood improvements, and the
properly intended and planned appearance through any street or neighborhood.
In making such determination, the Planning and Zoning Commission shall
consider:
a.
The height, bulk and area of buildings.
b.
The setback distances from all property lines and spacing of buildings
on the site.
c.
The size, location, and type of signs.
d.
The size, location, construction and proposed improvement of all
buffer strips, screening, and areas to be landscaped.
e.
The size, location, and arrangement of all off-street parking areas
and loading areas.
f.
The relation of the proposed development to the existing buildings
and structures in the general vicinity and area.
g.
The lighting of buildings, signs and grounds.
h.
All provisions of this Chapter not mentioned specifically above and
the relationship of the proposed project to the health, safety and
general welfare of the public, and specifically the relationship of
the proposed development to the Comprehensive Plan of the City.
C.
Action By Planning Commission. The Planning and Zoning
Commission shall, within thirty (30) days of their receipt of the
materials referred to them by the Building Inspector in writing. The
zoning permit applied for shall be denied until such conditions as
the disapproval is based shall have been corrected and the written
approval of the Planning and Zoning Commission is obtained. The absence
of a reply from the Planning and Zoning Commission within the thirty
(30) day period shall constitute their approval and the Building Inspector
shall proceed on the basis of such approval.
