Alton City Zoning Code
CHAPTER 6
OVERLAY DISTRICTS AND SPECIAL PROVISIONS
11-6-1: PURPOSE:
Overlay zones are designed to provide additional regulations for certain areas of the city which require special protection during development, or which receive consideration for a modification in the strict interpretation of district regulations. These areas include areas which have or will be designated as planned developments based on the procedures in section 11-6-3
of this chapter. Once established, an overlay zone will appear on the city’s official zoning map. (Ord. 6734, 6-11-2003; amd. Ord. 7927, 1- -2024)
11-6-2: CLARK BRIDGE/U.S. 67 OVERLAY DISTRICT (CB):
This district is superimposed upon, and supplements the existing underlying zoning districts and regulations as per ordinance 2911 and ordinance 5476.
A. Within the Clark Bridge/U.S. 67 overlay district, signs shall be permitted under the following conditions and upon obtaining all proper permits:
1. On premises signs provided that:
a. On premises signs shall not exceed the sum of two (2) square feet for each lineal foot of sign frontage, with the maximum square footage of all on premises signs on a lot not exceeding three hundred (300) square feet.
b. The maximum square footage of individual freestanding on premises signs shall not exceed one hundred fifty (150) square feet.
c. The maximum height of a freestanding on premises sign shall not exceed thirty feet (30').
d. No portion of a freestanding sign shall extend beyond the property line of the zone lot upon which it is located.
e. The maximum number of freestanding on premises signs shall not exceed two (2) per lot.
f. The maximum square footage of individual building on premises signs shall not exceed one hundred fifty (150) square feet.
g. The maximum number of building on premises signs shall not exceed five (5) per lot.
2. Off premises signs (billboards), containing a commercial message, shall not be permitted within the Clark Bridge/U.S. 67 overlay district. All such existing off premises signs, at the effective date of this subsection A2, shall be considered as a legal nonconforming sign.
3. Off premises signs (billboards), containing a noncommercial message, shall be permitted within the Clark Bridge/U.S. 67 overlay district, under the following conditions:
a. The maximum number of off premises signs, whether a freestanding or building sign, shall not exceed one per lot.
b. The maximum square footage of said off premises signs shall not exceed one hundred fifty (150) square feet.
c. All other regulations contained in subsection A1 of this section shall be applicable for such signs.
4. The following characteristics shall regulate all signs within the Clark Bridge/U.S. 67 overlay district:
a. Signs may be animated, have changeable copy, be internally illuminated, be externally illuminated or be illuminated by means of exposed bulbs or neon, so long as not to create any hazards for vehicular traffic, provided that no such sign is listed as a prohibited sign in section 11-10-4 of this zoning ordinance.
11-6-3: PLANNED DEVELOPMENT PROCEDURE (PDP):
A. Purpose And Intent: The planned development procedure, or PDP, is intended to provide for development incorporating a single type or a variety of related uses which are planned and developed as a unit. A planned development may consist of conventionally subdivided lots or provide for nontraditional techniques of development which are consistent with the intent of the city’s comprehensive plan and meet the spirit and intent of this zoning ordinance. The further purpose of the PDP is to permit advance one or more of the following objectives:
1. A maximum choice in the type of environment available to the public by allowing a development that would not be possible under the strict application of the provisions of this zoning ordinance.
2. Permanent preservation of common open space and recreation areas and facilities.
3. A pattern of development to preserve natural vegetation, topographic and geologic features.
4. A creative approach to the use of land and related physical facilities that results in better development and design and the construction of aesthetic amenities, or the provision of complementary land uses.
5. An efficient use of the land resulting in more economic networks of utilities, streets, schools, services, public grounds and buildings, and other facilities.
6. A land use which promotes the public health, safety, comfort, morals, and welfare.
7. Innovations in residential, commercial, and recreational development so that growing demands of population may be met by greater variety in type, design, and layout of buildings and by the conservation and efficient use of open space ancillary to said buildings.
B. PDP Size And Density Controls:
1. The minimum size of any PDP shall be one (1) acre.
2. The maximum residential density of any PDP shall be controlled by the underlying zoning district(s) and the maximum floor area ratios listed in subsection F8 of this section; however said requirements may be modified subject to review by the Plan Commission and approval by the city council.
C. Application Procedure And Area Plan:
1. Procedure: The designation of a portion of the city as a planned development must be initiated by an application with the proposed area site plan, accompanied by the required fee and filed with the zoning administrator. The application must be verified by the owner or owners of record or the contract purchasers.
2. Applications: The application must include the following information. The city may require that this information be included on or filed with designated forms:
a. The name of the proposed PDP development.
b. Names, addresses and phone numbers of the owner(s) of record, and engineer, surveyor or designer responsible for the planning, engineering, survey and design.
c. Total area within the entire planned development.
d. Legal description of the planned development.
e. Proposed deed restrictions, protective covenants, and homeowners’ association articles of incorporation and bylaws where applicable.
f. Signature(s) of applicant(s) and owner(s) certifying the accuracy of the requested information.
g. Payment of the required application fee.
h. A recent certificate of title or recorded deed to the property showing ownership.
i. Any additional information deemed necessary by the zoning administrator.
3. Site Plans: The application must be accompanied by the proposed site plan. The scale for all plans shall be no smaller than one inch equals fifty feet (1" = 50'), and the plans shall include the following:
a. The name of the proposed PDP development.
b. Scale, north arrow and the date drawn.
c. Proposed use and development of the planned development.
d. Boundaries, dimensions and area of the planned development.
e. Location of the planned development in relation to the surrounding uses, buildings and zoning.
f. Location of the planned development in relation to major thoroughfares, and any roadways or drives connecting the planned development to those major thoroughfares.
g. Names of adjacent subdivisions, layout of streets (with names and rights of way widths), connections with adjoining platted streets, location and widths and of adjoining alleys, easements and public sidewalks, and location and dimensions of all existing sanitary sewer, storm sewer, and supply facilities within two hundred fifty feet (250') of the planned development if required by the zoning administrator.
h. Existing conditions in the planned development area showing all easements, streets, drives or alleys, bridges, and existing structures.
i. Existing topography (at least 5 foot contour intervals) if deemed necessary by the zoning administrator. All topographic data shall directly relate to USGS data.
j. Boundary lines of school districts, fire districts, and municipal limits must be identified on the plan where applicable.
k. Plan layout of the entire planned development showing proposed land uses, building improvements, streets, parking areas, open space areas, sidewalks and highways or other major infrastructure improvements planned by public authorities for future construction, with significant dimensions indicated where appropriate to clarify the plan.
l. All planned use areas must be clearly labeled as to the proposed use and all land to be dedicated or reserved for public use or for use in common by property owners in the planned development shall be indicated on the plan.
m. Proposed stages of development where applicable.
n. Subsurface conditions on the tract, if required by the zoning administrator, including the location and results of tests made to ascertain subsurface soil, rock, and ground water conditions; depth to ground water unless test pits are dry at a depth of five feet (5'); location and results of soil percolation tests if individual sewage disposal systems are proposed.
o. The breakdown of total gross land area and building square footage by land use type.
p. Percentage of building coverage by land use type and floor area ratio.
q. Parking Plan to include the total parking provision by land use type and parking ratio per floor area.
r. Lighting plan.
s. Landscape plan.
t. Architectural renderings.
u. Any additional information deemed necessary by the zoning administrator to adequately illustrate the planned development.
D. Review Of Application And Site Plan:
1. The proposed plan shall be referred to the plan commission for study, a public hearing thereon, and recommendation and report to the city council.
2. The plan commission shall not act on any proposed plan before holding a public hearing thereon and, prior to holding a public hearing on any proposed plan, at least fifteen (15) days’ written notice thereof shall be given to all property owners within two hundred fifty feet (250') of the boundary of the premises under consideration and at least fifteen (15) days’ written notice thereof shall be given in a newspaper of general circulation.
3. After holding a public hearing on any proposed plan, the plan commission shall submit its report of such action to the city council for consideration and action. Said report shall include all documents comprising the proposed plan referred to the plan commission, the recommendation of the plan commission with respect to such proposed plan, and the reasons for approval or disapproval of such proposed plan.
4. If no report is transmitted by the plan commission within sixty five (65) days from the date that the application is first reviewed by the plan commission at a regular meeting, the city council may take action on such proposed plan even though the plan commission has not submitted its report to the city council. If the plan commission fails to hold the public hearing required by subsection D2 of this section, the city council may assume that responsibility and hold such a hearing after providing the requisite notice.
5. Upon receipt of the plan commission’s recommendation, the city council shall either approve the application by adopting an ordinance amending the official zoning map and authorizing the PDP development in accordance with the site plan, or deny the application. If the application is approved, the matter shall be returned to the plan commission for consideration of a final development plan.
6. Minor, technical and mechanical changes to the area plan may be approved by the zoning administrator without review by the plan commission or the city council so long as the changes do not materially affect the PDP development as approved by the city council. Within seven (7) days of such approval, the zoning administrator will advise the chairman of the plan commission of any such change.
E. Final Development Plan And Section Plans for Developments Involving Major Infrastructure Improvements:
1. Requirements for final development plans and section plans shall be as follows:
a. Final development plans must include, in addition to specific information required by the ordinance authorizing the PDP development, the following general information:
(1) An out boundary plat and legal description of the property.
(2) The location of all roadways adjacent to the property and general location, size, and pavement widths of all interior roadways.
(3) The general design of the PDP development including unit types (i.e., single-family detached, single-family attached, apartment), number of each unit type proposed, location of units, minimum and maximum size of single-family lots, approximate size of multiple-family structures, and location and size of common areas and recreation facilities.
(4) The location and size of any commercial uses, types of uses proposed, and general parking layout.
(5) Any floodplain boundaries.
(6) The density calculations.
(7) Concept landscape plan.
b. The plan commission must determine if the final development plan complies with the conditions of the ordinance authorizing the PDP development. The plan commission’s recommendation of the final development plan shall also be based upon whether the plan is consistent with good general planning practice, consistent with good site planning, can be constructed and operated in a manner that is not detrimental to the permitted uses in the district, would be visually compatible with the uses in the surrounding area, and is deemed desirable to promote the general welfare of the city of Alton. The plan commission must also consider architectural, landscape, and other relationships which may exist between the proposed PDP development and the character of the surrounding neighborhood and must prescribe or require such physical treatment or other limitations as will, in its opinion, enhance the neighborhood character.
c. A section plan for each plat or phase of the area plan must be submitted to the plan commission for review and approval. The section plan must contain such information as is required by the ordinance establishing the planned development, in addition to such other information required on a preliminary plat by the subdivision regulations contained in title 12 of this code.
d. The plan commission shall submit its recommendation on each final development plan and section plan to the city council. If the plan commission does not approve or disapprove a final development plan or a section plan within thirty five (35) days from the date that the plan is first reviewed by the plan commission at a regular meeting, the city council may approve or disapprove such plan even though the plan commission has taken no action.
e. All plans shall be retained on file by the city clerk. Final development plans may also require submittal of a preliminary plat for purposes of the subdivision ordinance. No building permits or authorization for improvement or development for any use authorized under provisions of the ordinance governing the tract shall be issued prior to approval of such plans.
f. Where elements within the designated planned development boundary are necessary to the support of a given section, but not included within the section boundary, these elements shall be included on a site plan accompanying, or a part of, the section plan.
g. If a final development plan includes all the information required for section plans, the section plan requirements may be waived.
F. Site Design Requirements:
1. Maintenance Of Area; Responsibility: All paved and landscaped areas shall, at all times, be kept in good repair and in excellent condition, in accordance with this title and other ordinances. The continuous maintenance of said areas is to be the responsibility of the owners and lessees of the property.
2. Landscaping: All landscaping plant materials shall be kept alive and in excellent condition.
3. Lighting: All lighting shall be served with underground cable. All parking areas and walkways shall be illuminated so as to produce a uniform illumination of two (2) foot-candles within said areas. All exterior lighting shall be shielded and/or otherwise designed to direct light downward and within the confines of the site area so as to prevent or minimize glare or spillover to other areas.
4. Access Requirements: All developed parcels, except those developed for single-family, shall be provided interior drives with a minimum width of pavement of twenty four feet (24'). Driveway openings shall be limited to not more than thirty six feet (36') in width and shall be limited to one drive per one hundred feet (100') of lot width. All roads and drives shall be paved with concrete or asphaltic concrete material as specified by the zoning administrator. Concrete curbs shall be provided along all drives that do not abut parking spaces. All parking areas shall be edged with concrete curbs. Surface or underground storm drainage facilities shall be provided for all roads, drives, and parking areas as approved by the zoning administrator. All storm drainage will be directed into established surface or underground storm drainage facilities.
5. Underground Utilities: Telephone, electric power, cable television, and all other utilities, except surface storm water facilities, shall be located underground. Except, however, that the following shall be excluded from this requirement:
a. Poles used exclusively for street lighting.
b. Antennas, associated equipment and supporting structures, used by a utility for furnishing communication services.
c. Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts.
d. Temporary poles, overhead wires and associated overhead structures used for a period not to exceed six (6) months which are necessary to provide utility service until the permanent service is completed.
e. Poles, wires and controller cabinets necessary for the operation of traffic signals.
f. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts.
6. Ownership And Size: The site of the planned development must be under single ownership and/or unified control.
7. Setback Requirements: Building setback requirements within a planned development may deviate from the minimums required in the underlying zoning district.
8. Floor Area Ratios: Floor area ratios shall be observed as maximum density controls for the following uses:
Duplexes | 0.4 |
Multiple-family buildings | 0.6 |
Single-family attached dwellings | 0.4 |
G. Criteria For Reviewing Applications: In considering whether or not such application for a planned development should be granted, it shall be the duty of the plan commission and the city council to give consideration to the effect of the requested use on the health, safety, morals, and general welfare of the residents of the area in the vicinity of the property in question and the residents of the city generally. In considering the planned use or uses, the plan commission and the city council should consider the following:
1. The appropriateness of the proposed use or uses for the site in terms of land patterns in the entire city and the city’s comprehensive plan.
2. The compatibility with surrounding uses and the surrounding neighborhood.
3. The comparative size, floor area, mass, and general appearance of the proposed structures in relationship to adjacent structures and buildings in the surrounding properties and neighborhood.
4. The amount of traffic generated by the proposed use or uses and the relationship to the amount of traffic on abutting streets and on minor streets in the surrounding neighborhood in terms of the street’s capacity to absorb the additional traffic and any significant increase in hourly or daily traffic levels.
H. Performance And Maintenance Guarantees for Developments Involving Major Infrastructure Improvements:
1. All public facilities and improvements made necessary as a result of the planned development shall be either constructed in advance of the approval of the final plan or, at the discretion of the city, escrow deposits, irrevocable letters of credit in a form approved by the city attorney, or performance bonds shall be delivered to guarantee construction of the required improvements. Any such guarantee shall be one hundred ten percent (110%) of the estimate approved by the zoning administrator of the cost to construct said improvements.
2. In addition to the deposit provided for in subsection H1 of this section, a deposit shall be made to the city in cash, irrevocable letters of credit in a form approved by the city attorney, or maintenance bonds equal to fifteen percent (15%) of the estimated cost of public facility installations. This deposit shall be a guarantee of satisfactory performance of the facilities constructed within the planned development and shall be held by the city for a period of eighteen (18) months after acceptance of such facilities by the city. After such eighteen (18) months, the deposit shall be refunded if no defects have developed. If any defects have developed, then the balance of such deposit shall be refunded after reimbursements for amounts expended in correcting defective facilities. The deposit under this subsection H2 shall be made immediately upon completion and approval of the construction of said public facilities, and the performance guarantee for the public facilities shall thereupon be released. (Ord. 6734, 6-11-2003; amd. Ord. 7927, 1- -2024)