This chapter provides supplementary regulations to be used in administering and interpreting the intent of this zoning ordinance. (Ord. 6734, 6-11-2003)

   A.   Height Exceptions: The building height limitations stipulated in the applicable zoning districts shall not apply to the following, provided that no such structure would be an obstruction to air navigation as established in federal aviation regulations:

      Accessory antennas may be erected to a height not exceeding fifty feet (50') above ground level;

      Air conditioning units;

      Chimneys;

      Church steeples;

      Communication towers;

      Cupolas;

      Elevator towers;

      Grain elevators;

      Obelisks and similar monuments;

      Parapet walls;

      Schools, public buildings and places of worship may be erected to a height not exceeding eighty five feet (85') in any district provided that front and rear yards are increased in width by one foot (1') for each foot of height that the building exceeds the height limit of the district in which it is located;

      Silos;

      Smokestacks;

      Utility transmission towers;

      Windmills; and

      Similar structures and mechanical appurtenances.

   B.   Height Limitations: In addition to the height limitations specified in each zoning district, no structure shall be erected to a height that would encroach into or through any established public or private airport approach plan, prepared in accordance with the criteria established by the federal aviation administration. (Ord. 6734, 6-11-2003)

   A.   An interior lot with four (4) sides shall have a front yard along the street line, a rear yard opposite the front yard and side yards located between the front and rear yards.

   B.   On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

   C.   On corner lots, the street side yard shall be considered as parallel to the street upon which the lot has its maximum dimension.

   D.   On double frontage lots, a front yard shall be provided along the street providing access to the lot and the opposite yard shall be the rear yard.

   E.   Interior lots with five (5) or more sides shall have one front yard and all yards opposite the front yard shall be considered rear yards.

   F.   As a supplement to the rules contained in this section and to facilitate a better understanding thereof, and of yards in general, a diagram, contained in figure 2, entitled "rules for determining yards" is attached to ordinance 6734 and made a part hereof with the same force and effect as though fully set forth herein. Should there be any conflict between the text of this title and the information displayed in the diagram, the text of this title shall prevail. (Ord. 6734, 6-11-2003)

Every part of a required yard shall be open and unobstructed from the ground to the sky, except as herein provided or as otherwise permitted in this zoning ordinance.

   A.   All Required Yards: The following may encroach into any required yard:

      1.   Fences And Walls: Fences and walls are allowed within required yards, subject to the provisions of section 11-3-8 of this chapter.

      2.   Fire Escapes, Outside Stairways, Balconies, Chimneys, Etc.: Open or enclosed fire escapes, outside stairways, balconies and chimneys and flues may project up to four feet (4') into any required yard, provided such projections shall not unduly obstruct light and ventilation.

      3.   Parking Areas And Driveways: Off street parking areas and driveways may encroach into the required front yard, the required street side yard, and required side yards. Parking pads may be located in required side and rear yards provided such pads are set back at least one foot (1') from every side and rear property line.

      4.   Satellite Dish Antennas: Satellite dish antennas that are one meter (1 m) or less in diameter may encroach into any required yard.

      5.   Sills And Belt Courses: Sills, belt courses, cornices and similar ornamental features may extend up to twelve inches (12") into any required yard.

      6.   Structural Overhangs: Awnings, eaves, gutters or other similar structural overhangs at least seven feet (7') above grade, may extend up to two feet (2') into any required yard.

      7.   Trellises, Lights And Mailboxes: Trellises and trelliswork, wires, lights, mailboxes, ornamental entry columns and gates are allowed within required yards.

   B.   Required Front Yards: The following may encroach into any required front yard:

      1.   Balconies, Unenclosed Porches And Vestibules: An enclosed balcony or unenclosed porch may project into the required front yard for a distance not to exceed ten feet (10'). An enclosed vestibule containing not more than forty (40) square feet of floor area may project into a required front yard for a distance not to exceed four feet (4').

      2.   Gasoline Pumps And Islands: Gasoline pumps and pump islands, associated with either a service station or as an accessory facility, may be located within any required front yard, provided they are located no closer than fifteen feet (15') to any public right of way line.

      3.   Satellite Dish Antennas: In industrial (M) districts, satellite dish antennas larger than one meter (1 m) in diameter may be allowed to encroach into required front yards.

   C.   Required Street Side Yards: The following may encroach into any required street side yard:

      1.   Balconies, Unenclosed Porches And Vestibules: An enclosed balcony or unenclosed porch may project into the required street side yard for a distance not to exceed five feet (5'). An enclosed vestibule containing not more than forty (40) square feet of floor area may project into a required front yard for a distance not to exceed four feet (4').

      2.   Gasoline Pumps And Islands: Gasoline pumps and pump islands, associated with either a service station or as an accessory facility, may be located within any required street side yard, provided they are located no closer than fifteen feet (15') to any public right of way line.

      3.   Satellite Dish Antennas: In industrial (M) districts, satellite dish antennas larger than one meter (1 m) in diameter may be allowed to encroach into required street side yards.

   D.   Required Side And Rear Yards: The following may encroach into any required side or required rear yard:

      1.   Accessory Antennas: Accessory antennas, not exceeding forty feet (40') in height are allowed within required side and rear yards.

      2.   Accessory Buildings: Accessory buildings in residential (R) districts may be located within a required side or rear yard, provided a minimum of two feet (2') is maintained from the side and rear property lines, roof overhangs are set back at least six inches (6") from all property lines, a minimum of five feet (5') is maintained from any alley line, and the building is outside of any easements.

      3.   Air Conditioners And Similar Mechanical Equipment: Air conditioning equipment, sprinkler system controls and similar mechanical (including utility's pad mounted equipment) may project into any required side or rear yard provided that the equipment is mounted in a manner contiguous to the building.

      4.   Play Equipment, Clotheslines, Etc.: Play equipment, clotheslines, outdoor furniture and outdoor equipment may encroach into a required side or rear yard.

      5.   Satellite Dish Antennas: Satellite dish antennas that are larger than one meter (1 m) in diameter may encroach into required side and rear yards.

      6.   Swimming Pools And Related Structures: Swimming pools may be located in a required side or rear yard provided they are no closer than ten feet (10') to any property line, or five feet (5') to any easement, whichever distance is greater. Decks or patios constructed in conjunction with any swimming pool may be located within a required rear yard provided that they are not located within an easement or closer than five feet (5') to the rear property line.

      7.   Unenclosed Porches, Steps And Paved Terraces: An unroofed porch, steps or paved terrace area may project into a required side or rear yard provided that it be at least two feet (2') from any adjacent side or rear lot line. (Ord. 6734, 6-11-2003)

No commercial vehicle which is used for hauling explosives, gasoline, liquified petroleum products, or any other hazardous material shall be permitted to be parked in a residential area except for short periods of time (less than 1 hour). No commercial vehicles shall be parked on any residentially used lot, in the street abutting such lot, or on residentially zoned land, except:

   A.   Commercial vehicles not exceeding one ton rated capacity used by the resident of the premises, limited to one per premises and parked off street in a garage, carport or driveway.

   B.   Commercial vehicles temporarily parked on a lot for the purpose of providing construction, transportation, or other services specifically for the location where such vehicles are parked. (Ord. 6734, 6-11-2003)

No junk vehicle shall be parked, and no motor vehicle frame, vehicle body, or vehicle body part shall be stored, on residentially zoned property except when parked or stored in a completely enclosed garage or building.

A maximum of three (3) vehicles may be parked in an unenclosed area on a single-family zoned lot with a home. Except, however, that if there are more than three (3) licensed drivers permanently residing on the premises, there may be one vehicle for each licensed driver. This section does not preclude the parking of automobiles by persons visiting a single-family home. No automobile may be parked or stored in any required yard area. No vehicles may be parked on a residentially zoned lot that does not have a dwelling. (Ord. 6734, 6-11-2003)

   A.   Authorization: Accessory uses are permitted in all zoning districts as provided herein.

   B.   Use Limitations:

      1.   No accessory structure shall be built prior to the construction of the principal structure.

      2.   No accessory structure shall be occupied or utilized unless the principal structure to which it is accessory is occupied or utilized.

      3.   All accessory uses and structures shall comply with the use limitations applicable in the zoning district in which located.

      4.   No accessory structure shall be used as a dwelling.

      5.   All accessory uses and structures shall comply with the height regulations of the appropriate zoning district, except as provided in section 11-3-2 of this chapter.

   C.   Location:

      1.   If an accessory type building shares a structural wall with a principal building, it shall be deemed to be a part of the principal building and shall comply in all respects with the requirements of this zoning ordinance applicable to a principal building.

      2.   If an accessory building is detached from the principal building, it shall be located at least ten feet (10') from the principal building, unless such accessory building has fire rated walls in which case the minimum separation from the principal building shall be five feet (5').

      3.   No accessory use or structure shall be located in any required corner visibility triangle as established in section 11-3-10 of this chapter.

      4.   No accessory structure, except those exempted by section 11-3-4 of this chapter, shall be located within a front yard or street side yard. (Ord. 6734, 6-11-2003)

   A.   Building Permit Required: No person shall erect or construct any fence, or any section or portion thereof, without a permit from the department of building, housing, planning and zoning.

   B.   General Provisions:

      1.   Prohibited materials and construction:

         a.   Fences shall not be constructed or erected in whole or in part with paper, cloth, canvas, bamboo, chicken coop wire, or other like material.

         b.   Fences shall be constructed in such a configuration that all framing members and support posts face towards the interior of the property of the person who erects, constructs, or causes the fence to be constructed.

      2.   Barbed wire:

         a.   Fences on any residentially zoned or residentially occupied lot shall not be constructed in whole or part with barbed wire or any similar material.

         b.   Fences in nonresidential zoned areas may have barbed wire six feet above grade, except barbed wire or any similar material shall not be on any fence adjacent to the right-of-way or easement line of any public street, alley, sidewalk, or park.

      3.   Electric fences:

         a.   No fence shall have an electric current rnmling through it.

         b.   No wire, except electric, phone, cable television, or other utility, shall have an electric current passing though it except as permitted below.

         (1)   The wire is installed in strict accordance with the National Electric Code, as adopted by the city.

         (2)   The wire is located inside an area enclosed and secure from the public.

         (3)   The wire is set back a minimum of eighteen inches (18") from the enclosure required in subsection (2) above.

         (4)   The wire is set back a minimum of eighteen inches (18") for any property line. Underground wire installed within the provisions of the City Building Code and National Electric Code shall be exempt from this regulation.

         c.   Underground wire installed within the provisions of the City Building Code and National Electric Code shall be exempt form the regulations.

      4.   Wire fences: No fence shall be constructed solely of a single wire or of two (2) wires between posts or supports.

   C.   Height Requirements:

      1.   Fence height shall be measured from the topmost point of the fencing material vertically to the ground adjacent to the fence.

      2.   Fences shall not exceed six feet (6') in height, except as provided otherwise within this article. Posts may be up to six inches (6") taller than the fencing material.

      3.   Fences located in front of the front building line of any residentially zoned or residentially occupied lot shall not exceed forty-eight inches (48") in height, except as provided otherwise within this article. On comer, through, or on any other multiple-frontage lots, this height restriction shall apply only to the frontage upon which the house is addressed.

      4.   Fences enclosing an institution: a public park: a public playground: an elementary, middle, or high school site; or a commercial or industrial occupancy shall not exceed ten feet (10') in height.

   D.   Openness Requirements:

      1.   Fences located in the front of the front building line of any residentially zoned or residentially occupied lot shall be at least fifty percent (50%) open except as provided otherwise in this article. On comer, through, or any other multiple-frontage lots, this openness restriction shall apply only to the street frontage upon which the house is addressed.

      2.   Fences constructed of stone or brick which do not exceed thirty-six inches (36") in height are exempt from the openness requirements.

      3.   Fences enclosing an institution: a public park: a public playground: an elementary, middle, or high school site: or a commercial or industrial occupancy or use are exempt from the openness requirements.

   E.   Fence Location:

      1.   Fences shall not be located within public right-of-way.

      2.   Fences shall not be located within twelve feet (12') of the curbline of a public street.

      3.   Fences shall not be located within twenty feet (20') of the point of intersection of the curb or edge of two (2) intersecting streets.

      4.   Fences shall not be located within one foot (1') of a public right-of-way, a public walkway, or a public sidewalk.

      5.   Fences may be located on property lines if not otherwise prohibited by the above subsections or any other provision in this Code.

   F.   General Exemptions:

      1.   Public safety fences. Fences enclosing utility substations; utility installations: bridges: bridge walkways: bridge abutments: retaining walls along roadways: culvert openings: open drainage areas: fences installed by the city, state, county, or public utility; and temporary construction fences are exempt from this article.

      2.   Fences approved by special procedure. Fences specified and approved by the Plan Commission, and/or City Council as part of a site plan review, special use permit or other procedure are exempt from this article.

   G.   Maintenance:

      1.   Fences shall be in good repair and structurally sound.

      2.   Fences shall not have any loose fencing, panels, or other material which moves or vibrates under normal wind conditions.

   H.   Nonconforming Fences:

      1.   Fences legally installed prior to adoption of this article and not in conformity to this article may remain. However, such legal, nonconforming fences shall be in good repair and shall not be structurally unsound and shall not deteriorate to an unsightly condition.

      2.   Nonconforming fences which require fifty percent (50%) or more replacement or repair in a one (1) year period shall become in conformity with this article. Any replacement of fifty percent (50%) or more of any fence shall require the fence to become in conformity with this article. (Ord. 6734, 6-11-2003; amd. Ord. 6814, 6-9-2004; Ord. 7937, 4-10-2024)

   A.   Purpose And Intent: It is the purpose and intent of this section to permit the continuation of those lots, structures, uses, characteristics of uses, or combinations thereof which were lawful before the passage of this zoning ordinance, but which would be prohibited, regulated, or restricted under the terms of this zoning ordinance or future amendments. It is the further purpose and intent of this section to allow nonconforming lots, structures, uses, characteristics of uses, and combinations thereof to continue subject to specific conditions or limitations.

   B.   Applicability: This section shall apply to all nonconformities except that legal nonconforming duplexes located in the R-2 district which were originally designed and constructed as duplexes, and legal nonconforming multiple-family buildings in the R-3 district which were originally designed and constructed as multiple-family buildings shall not be subject to subsection G of this section.

   C.   Continuation Of Nonconformities: Nonconformities may be continued so long as they remain otherwise lawful, subject to the remaining provisions of this section.

   D.   Expansion Or Change Of Nonconformities:

      1.   No nonconformity shall be enlarged or changed to a different nonconformity, except upon a determination by the zoning administrator that the change results in a lessening of the degree of nonconformity.

      2.   Additions to nonconforming structures containing conforming uses shall be permitted if the additions comply with setback and other applicable site related regulations.

      3.   Additions to structures on a nonconforming lot may be permitted provided that such addition is in conformance with all applicable laws and ordinances of the city and does not create a nonconforming use or structure or increase the existing site related nonconformity.

   E.   Repair Or Alteration Of Nonconformities: Repairs, maintenance and improvements of nonconformities may be carried out, provided that such work does not increase the cubic content of the building or the floor or ground area devoted to the nonconforming use or in any way increases or creates a site related nonconformity. The preceding requirement does not prevent compliance with applicable laws or requirements relative to the safety and sanitation of a building occupied by a nonconforming use.

   F.   Reconstruction Of Nonconformities After Catastrophe: Any nonconforming structure or use or establishment containing a site related nonconformity which is damaged by fire, flood, explosion, collapse, wind or other catastrophe to such an extent that the cost of repair or reconstruction will exceed fifty percent (50%) of the building's value as shown on the tax assessment roll at the time of the damage shall be deemed to be terminated. No repair or reconstruction may occur except when such repair or reconstruction results in the conversion of the previous nonconformity to a conforming structure, use and/or site. In the event that damage to a nonconformity may be repaired by an investment of less than fifty percent (50%) of the appraised value of the nonconformity as shown on the tax assessment roll, or by a certified appraisal, at the time of the damage, such repair shall be permitted and the nonconformity may continue.

   G.   Cessation Of Nonconformities: All nonconformities shall be considered terminated and shall not thereafter be reestablished if any nonconforming use of land or structure ceases operation for a continuous period of nine (9) months or more, or if a nonconforming structure is removed for a continuous period of nine (9) months or more. Cessation of operation shall be considered an administrative decision of the zoning administrator that the use has been abandoned or there is an intent to abandon the use.

   H.   Certain Manufactured Homes Declared Nonconforming: On the effective date of this zoning ordinance, all manufactured homes within the city located on individual lots outside of a manufactured home district are declared nonconforming uses. A manufactured home within a manufactured home district lawfully created prior to the effective date of this zoning ordinance shall not be considered a nonconforming use.

   I.   Nonconforming Lots Of Record: Any lot which was lawfully created and recorded prior to the enactment or amendment of this title, but does not meet the minimum size and/or dimension requirements of the zoning district in which it is located shall be considered a legal nonconforming lot of record. A legal nonconforming lot of record may be used, rezoned, conveyed, or sold the same as if it were a conforming lot. (Ord. 6734, 6-11-2003)

On every corner lot in every zoning district except the C-1 and C-4 districts, the triangle formed by the street lines of such lot and a line drawn between points on such street lines which are twenty feet (20') from the intersection thereof shall be clear of any structure or planting of such nature and dimension as to obstruct lateral vision; provided that this requirement shall generally not apply to the trunk of a tree (but not branches or foliage) or a post, column or similar structure which is no greater than one foot (1') in cross section or diameter. Lateral vision shall be maintained between a height of thirty inches (30") and ten feet (10') above the average elevation of the existing surface of both streets measured along the centerlines adjacent to the visibility triangle. (Ord. 6734, 6-11-2003)

   A.   No swimming pool, whether public or private, shall be located in a front yard or street side yard or closer than ten feet (10') to any side or rear lot line. (Ord. 6734, 6-11-2003)

   B.   Every swimming pool, including aboveground pools, that are more than eighteen inches (18") deep, shall be enclosed by a wall or fence at least four feet (4') in height. Swimming pool installation shall comply with the Alton building code. (Ord. 6814, 6-9-2004)