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Alton City Zoning Code

CHAPTER 7

STANDARDS FOR USES

11-7-1: PERFORMANCE STANDARDS FOR ALL USES:

   A.   General: Every use, activity, process or operation located or occurring within the city of Alton shall comply with the performance standards prescribed in this section, and no such existing use, activity, process or operation shall hereafter be altered or modified so as to conflict with, or further conflict with, these performance standards. If, as of the date of adoption of this zoning ordinance, the operations of any lawful existing use violates these performance standards, such operations shall not be varied or changed in any way as to increase the degree of such violation. The operation of any existing conforming use in violation of these performance standards shall not in itself make such use subject to the nonconforming use provisions of this zoning ordinance.
   B.   Toxic Matter: No use shall discharge or store beyond its lot or site boundaries any toxic matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property or business.
   C.   Glare: Any operation producing glare or heat shall be performed within a completely enclosed building in such manner as not to create a public nuisance or hazard beyond the boundaries of the lot on which such building is located.
   D.   Noise: Sound levels and impulsive type noises shall comply with Madison County noise standards as established and enforced by the Madison County department of health.
   E.   Smoke And Hazardous Material:
      1.   The release of radioactive gases and particulate matter shall not exceed the maximum allowable concentration permitted the general population in applicable federal, state and local laws and regulations when measured at or beyond the lot lines at ground level or habitable elevation.
      2.   No activity involving radiation hazards shall be permitted which causes exposure to persons at or beyond the lot lines in excess of the maximum allowable concentration permitted the general population in applicable federal, state and local laws and regulations.
   F.   Fire And Explosion Hazards:
      1.   The storage or utilization of solid materials ranging from incombustible to moderate burning is permitted in accordance with this section so long as it is consistent with all other sections and requirements of this code.
      2.   The storage or utilization of solid materials ranging from free or active burning to intense burning is permitted provided the following conditions are met:
         a.   The materials shall be stored or utilized within completely enclosed buildings or structures having incombustible exterior walls and handled in accordance with the standards and regulations of the fire department and the National Fire Protection Association or its successors.
         b.   All such buildings shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the fire department and the National Fire Protection Association or its successors.
         c.   Such materials, if stored outdoors, shall be no closer than one hundred fifty feet (150') to the nearest lot line or in conformance with the standards and regulations of the fire department and National Fire Protection Association or its successors.
      3.   The storage or utilization of flammable liquids or materials which produce flammable or explosive vapors shall be permitted in accordance with the following limitations, exclusive of storage in underground tanks, and storage of finished products in original sealed containers:
         a.   Such materials or products shall be stored or utilized within completely enclosed buildings having incombustible exterior walls and handled in accordance with the standards and regulations of the fire department and the National Fire Protection Association or its successors, and, in addition, all such buildings shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the fire department and the National Fire Protection Association or its successors.
         b.   The aboveground storage of flammable liquids is prohibited, except as allowed by regulations of the fire department and the National Fire Protection Association or its successors.
         c.   The total of all flammable liquids permitted on any tract shall not exceed five thousand (5,000) gallons unless approved by the fire department and the zoning administrator.
   G.   Performance Standards For Automotive Related Uses 1 :
      1.   Applicability: This subsection G shall apply to any business engaged in any one or any combination of the following activities:
         a.   Automotive parts, accessories, and tire stores (uses within NAICS code 4413).
         b.   Automotive repair and maintenance (uses within NAICS code 8111) (including auto body repair).
         c.   Gasoline stations (uses within NAICS code 447).
         d.   Motor vehicle towing (uses within NAICS code 48841).
         e.   Used car sales (uses within NAICS code 44112).
         f.   Sale of petroleum products.
         g.   Service/repair of motor vehicles.
      2.   Performance Standards – All Automotive Related Uses: Any business engaged in an automotive related use as specified in subsection G1 of this section, shall comply with the following standards:
         a.   Front Yard Storage Prohibited: Due to the unsightliness of visibly damaged and visibly inoperable automobiles, used auto parts and other miscellaneous materials, no outdoor storage shall be allowed in any part of a front yard.
         b.   Street Side Yard, Side Yard And Rear Yard Storage: Due to the unsightliness of visibly damaged and visibly inoperable automobiles, used auto parts and other miscellaneous materials, outdoor storage in any part of a side yard, street side yard or rear yard shall be within an area screened from the view of the street and surrounding properties by landscaping, fencing or a combination of materials that provides an opaque screen at least six feet (6') in height.
         c.   Outdoor Activities Prohibited: All work on automobiles shall be conducted inside a building. No outdoor facilities shall be utilized for automotive services, repair and/or maintenance work, except for minor repairs, that do not require dismantling a vehicle. Major repairs shall include, but not be limited to, removing or replacing engines, transmissions, or vehicle drive trains.
         d.   Storage Of Inoperable Vehicles: No automotive related business, except a salvage yard licensed by the city of Alton, shall have any inoperable vehicle outside for a period exceeding twenty one (21) continuous calendar days. A vehicle may be parked outside longer than twenty one (21) days and before an ordinance violation complaint is filed if:
            (1)   The owner/operator of the automotive related business declares to the city, in writing, that the vehicle has been abandoned; and
            (2)   The owner/operator of the automotive related business states to the city, in writing, that a mechanics lien is actively being pursued. If the above criteria is met, the vehicle may be stored up to ninety (90) days.
         e.   Number Of Vehicles Limited: The number of vehicles parked and/or stored on the premises of any automotive related business engaged in automotive service, repairs and/or maintenance shall be limited to five (5) per service bay, exclusive of owners' and employees' vehicles that are driven to and from the lot each day and as determined between the hours of five o'clock (5:00) P.M. and eight o'clock (8:00) A.M. any given day. All vehicles parked or stored should be parked neatly, placed parallel to one another, and should include entrance and exit aisles. Stacking vehicles vertically on top of one another is prohibited. Automotive repair businesses that are permitted to engage in vehicle sales must designate a specific location upon their premises for the display or storage of vehicles offered for sale and the total number of vehicles offered for sale shall not exceed five (5) vehicles at any one time.
      3.   Separate License: A separate city business license must be applied for and obtained for each separate business activity as defined in subsection G1 of this section. Only one fee shall apply for all automotive related licenses.
   H.   Standards For Motor Vehicle Parts (Used) Wholesalers And Recyclable Material Wholesalers: Motor vehicle parts (used) wholesalers (uses within NAICS code 421140) and recyclable material wholesalers (NAICS code 421930) are allowed as a permitted use in the M-2 district based on meeting the following performance standards:
      1.   Shall be located on a site of at least forty thousand (40,000) square feet.
      2.   All wreckage shall be stored inside a building or within an area screened from the view of the street and surrounding properties by landscaping, fencing or a combination of materials that provides an opaque screen at least six feet (6') in height.
      3.   Additional criteria necessary to protect the public health, safety and welfare as determined by the city council.
   I.   Standards For Telecommunications Facilities: The following additional standards and regulations shall be applied to all telecommunication facilities:
      1.   All new telecommunication facilities greater than eighty feet (80') in height shall be constructed of sufficient strength to accommodate the co-use of at least three (3) providers.
      2.   Co-use is preferred and shall be encouraged by the city. Therefore, no two (2) telecommunication facilities requiring a special use permit shall be allowed within one-half (1/2) mile of each other unless the applicant provides documentation that a co-use or a stealth facility is not possible. The city reserves the right, at the expense of the applicant, to hire an independent consulting engineer to verify any findings alleging that a co-use facility is not possible.
      3.   Applicants for a telecommunications facility must supply the department of public affairs with five (5) copies of the site plan. These will be distributed to appropriate public agencies. Public safety co-use shall be provided at no cost on the tower or on the ground.
      4.   The current applicant for the telecommunications facility shall be required to notify the department of public affairs in their application of those entities contracted for co-use of the facility. Furthermore, any entity contacted for co-use after issuance of the special use permit shall be reported to the department of public affairs within ninety (90) days of the signing of the contract. Failure to file the notice of co-users within said ninety (90) days shall automatically void the special use permit.
      5.   The special use permit holder shall report to the department of public affairs any written requests for co-use of space and the special use permit holder's response. Failure to do so within ninety (90) days of said written request shall automatically void the special use permit.
      6.   Any telecommunications facility that is no longer in use for a communications purpose permitted under this title shall be removed at the owner's expense. All obsolete and abandoned telecommunication facilities shall be removed within one year of the cessation of use.
   J.   Lessors Of Miniwarehouses And Self-Storage Units:
      1.   Lessors of miniwarehouses and self-storage units (uses within NAICS code 53113) are allowed in the C-2 district as a special use and are allowed in the M-1 and M-2 districts as permitted uses based on meeting the following performance standards:
         a.   There shall be a minimum of one parking space for each employee.
         b.   No gasolines, flammables, explosives or other dangerous materials and no motor vehicles may be stored inside a storage building.
         c.   Such facility may contain a surfaced lot for the outside storage of motor vehicles, trailers and watercraft as an accessory use. Motor vehicles, trailers and watercraft include boats, boat trailers, camping trailers, materials trailers and recreational vehicles, and automobiles and light trucks of less than ten thousand (10,000) pounds' gross weight. All such vehicles shall be registered and in operating condition, and shall be screened from the view of adjoining properties. No derelict vehicles shall be allowed. No repair, maintenance and/or upgrading of motor vehicles, trailers or watercraft shall be permitted on site.
         d.   All storage facilities shall be separated by walls and ceilings.
         e.   There shall be a minimum of twenty four feet (24') between buildings for purposes of ingress and egress to storage facilities.
         f.   Each individual storage facility shall not exceed a width of twelve feet (12'), a length of thirty feet (30') and a height of nine feet (9').
         g.   The storage facilities shall be screened from streets and surrounding residentially zoned properties.
         h.   Additional reasonable requirements including, but not limited to, accessways, billing locations, hours of operation, and on site resident manager may be imposed for the protection of adjoining landowners.
   K.   Standards for Poultry Compost Foraging Operations: Poultry Compost Foraging Operations are allowed in. the CR Conservation/ Recreation district based on meeting the following performance standards:
      1.   Operation shall comply with all local, state, and federal regulations.
      2.   Siting. The operation shall be located on a site of at least forty (40) contiguous acres. All buildings, structures, and activity areas shall be located at minimum:
         a.   Five hundred feet (500') from all residences not owned by the operator.
         b.   Three hundred feet (300') from all public buildings.
         c.   One hundred feet (100') feet from all property lines.
         d.   Three hundred feet (300') from the nearest public or private water supplies not owned by the applicant.
      3.   Food residuals shall be incorporated into the compost mix the same day the residuals arrive at the facility; or food residuals shall be in a sealed container, or immediately covered with finished compost or untreated wood, and incorporated in the compost mix within seventy-two (72) hours of the residuals arrival at the facility.
      4.   The operation shall be conducted in accordance with accepted composting practices and shall be kept free of nuisance conditions including objectionable odors, noise, and vectors. (Ord. 6734, 6-11-2003; amd. Ord. 6814, 6-9-2004; Ord. 7438, 12-17-2014; Ord. 7894, 7-26-2023)

11-7-2: ACCESSORY USE STANDARDS:

   A.   Customary Accessory Uses:
      1.   Size Of Accessory Buildings In Residential Districts: In residential (R) zoning districts, accessory buildings may not exceed the size of the principal building on any lot or parcel.
   B.   Home Occupations:
      1.   Applicability: In residential (R) zoning districts, home occupations shall be limited to those uses listed as permitted home occupations or which receive approval as a conditional home occupation.
      2.   Permitted Home Occupations: Home occupations are permitted in any dwelling unit subject to the requirements of this section and the respective zoning district regulations. Authorized home occupations shall include the following:
         a.   Artists and sculptors;
         b.   Authors and composers;
         c.   Childcare for not more than three (3) children not related to the occupant of the home;
         d.   Data entry and similar computer work;
         e.   Dressmakers, seamstresses and tailors;
         f.   Home crafts, such as model making, rug weaving, lapidary work, and ceramics;
         g.   Home kitchen operations;
         h.   Office facility of a minister, priest or other similar person associated with a religious organization;
         i.   Office facility of a salesman, sales representative, or manufacturer’s representative, provided no retail or wholesale transactions are made on the premises;
         j.   Telephone sales and similar telephone related uses; and
         k.   Similar uses which do not involve retail or wholesale sales transactions on the premises, employment of persons other than occupants of the dwelling, any greater assembly, processing, or fabrication operations.
      3.   Home Occupation Standards: Any proposed home occupation must meet the following criteria:
         a.   The home occupation shall be conducted within the dwelling which is the bona fide residence of the principal practitioner or in any building accessory thereto which is normally associated with a residential use.
         b.   No stock in trade shall be displayed or sold on the premises except home kitchen operations may sell their products on the premises.
         c.   No alterations to the exterior appearance of the principal residential building or premises shall be made which changes the character thereof as a residence.
         d.   No outside display of goods or outside storage of equipment or materials used in the home occupation shall be permitted.
         e.   No persons other than a member of the immediate household occupying such dwelling shall be employed on the premises.
         f.   The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall under no circumstances change the residential character thereof.
         g.   No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street, except for brief periods.
         h.   No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises.
         i.   No signs accessory to such home occupation shall be displayed except for a single identification sign not more than one square foot in size.
         j.   A home occupation shall be subject to all applicable city occupational licenses and permits.
   C.   Temporary Structure:
      1.   Manufactured or modular temporary structures may be permitted as accessory uses within the C-5 and all industrial zoning districts for a maximum of six (6) consecutive months, but only upon the condition that reasonable proof exists that a principal structure will be permanently erected upon the subject premises prior to the expiration of the duration of the accessory use.
   D.   “Type A” Short-Term Rental Units:
      1.   “Type A” Short-Term Rental Units are a permitted accessory use in R- 1 R-2, R-3, R-4, C-1, C-2, C-4, C-5, MR, and MUT zoning districts subject to the following provisions:
         a.   The owner of the dwelling shall maintain the Short-Term Rental as their permanent residence and shall reside on the premises at the time that Short-Term Rental guests are present,
         b.   No more than one (1) unit in any dwelling may be rented at the same time as a Short-Term Rental.
         c.   Only one group of patrons in a 24-hour period shall be allowed in a “Type A” Short-Term Rental Unit.
         d.   “Type-A” Short-Term Rental Units shall be subject to and shall comply with all requirements of the city and state building, fire, safety, and occupancy codes and limits.
         e.   In C-1, C-2, C-4, C-5, and MR Districts, “Type A” Short-Term Rental Units shall be located above the first floor of the building or at the rear of the building,
         f.   With the exception of the C-4 downtown commercial district and the MR marina recreation district, there shall be no off-site parking associated with the Short-Term Rental Unit.
   E.   “Type B” Short-Term Rental Units:
      1.   “Type B” Short-Term Rental Units are a permitted accessory use in C-1, C-2, C-4, C-5, MR, and MUT zoning districts subject to the following provisions:
         a.   The owner of the dwelling is not present on site during the Short-Term Rental.
         b.   No more than one (1) unit in any dwelling may be rented at the same time as a Short-Term Rental.
         c.   Only one group of patrons in a 24-hour period shall be allowed in a “Type B” Short-Term Rental Unit.
         d.   “Type-B” Short-term rental units shall be subject to and shall comply with all requirement of the city and state building, fire, safety, and occupancy codes and limits.
         e.   “Type B” Short-Term Rental Units shall be located above the first floor of the building or at the rear of the building.
         f.   With the exception of the C-4 downtown commercial district and the MR marina recreation district, there shall be no off-site parking associated with the Short-Term Rental Unit.
         g.   In “Type B” Short-Term Rentals where the owner is not present, upon any notification that any transient, occupant, or guest of the Short-Term Rental Unit property has created unreasonable noise or disturbances, engaged in disorderly conduct or committed violation of any applicable law, rule, or regulations pertaining to the use and occupancy of the Short-Term Rental Unit property, the owner shall respond in a timely and appropriate manner to immediately halt or prevent reoccurrence of such conduct. Failure of the owner to respond to such calls or complaints regarding the condition, operation, or conduct of the occupants and/or guests of a Short-Term Rental Unit in a timely and appropriate manner shall be grounds for revocation of the special use permit as prescribed in section 11-11-4 and/or revocation of the Short-Term Rental license as prescribed in section 4-22-10 and shall subject the owner to all administrative, legal, and equitable remedies available to the City.
   F.   Electric Vehicle Charging Stations:
      1.   Designation of electric vehicle charging stations. Electric vehicle charging stations shall be differentiated as follows:
         a.   Level 1 is considered slow charging and operates on a 15 to 20 amp breaker on a 120 volt AC circuit. Level 1 chargers are mounted inside or outside of a structure and are used for charging for the homeowners' personal vehicles only.
         b.   Level 2 is considered medium charging and operated on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit.
         c.   Level 3 is considered fast or rapid charging and operated on a 60 amp or higher breaker on a 480 volt or higher three phase circuit with special grounding equipment. Level 3 stations are typically referred to rapid charging stations and typically use DC power and industrial grade electrical outlets that allow for faster recharging of electric vehicles.
      2.   Locations permitted.
         a.   Level 1 and Level 2 electric vehicle charging stations are permitted in all zoning districts. In residential zoning districts, Level l and Level 2 chargers shall be installed for personal use only, accessory to the to the principal residential use. Parking lots for the purpose of electric vehicle charging stations are not permitted in residentially zoned area.
         b.   Level 3 electric vehicle charging stations are permitted in all zoning districts except R-1, R-2, R-3, R-4, and R-6 districts.
      3.   Standards for electric vehicle charging stations. Electric vehicle charging stations utilizing parking stalls located in a public or private parking lot or public or private parking garage shall comply with the following standards. Due to rapidly changing technology and anticipated changes to charging stations, batteries, and electric vehicles, the zoning administrator and public works director may authorize variations from this section, so long as the requirements of subsection (2) (Locations permitted) are met.
         a.   Electric vehicle charging only. Except when located in conjunction with single-family residences, electric vehicle charging stations shall be reserved for parking and charging of electric vehicles only. No person shall stop, stand, or park any vehicle in areas designated for electric vehicle charging for any purpose except charging of an electric vehicle.
         b.   Signage. Each electric vehicle charging station shall be posted with signage indicating the space is only for electric vehicle charging purposes. Signage shall include items contained in subsection (f) of this section.
         c.   Accessibility. When electric vehicle charging stations are provided, accessible charging stations must be provided as follows. In addition to these standards, all state and federal requirements shall apply.
            (1)   For every fifty (50) (or portion thereof) charging stations provided, one accessible charging station shall be provided.
            (2)   Accessible charging stations shall be located in proximity to the buildings or facility entrances and shall be connected to a barrier-free accessible route of travel.
            (3)   All accessible charging stations shall meet the requirements of standard ADA parking spaces. Bollards, wheel stops, or curbs shall be used to protect the charging station, but must not obstruct use of the station.
         d.   Lighting. Lighting shall be provided in accordance with typical parking lot lighting, regulated by section 11-9-4-E of this code.
         e.   Equipment. Equipment for electric vehicle charging stations shall comply with the following standards:
            (1)   Charging station outlets and connector shall be no less than thirty-six (36) inches or no higher than forty-eight (48) inches from the top of the surface where mounted and shall contain a retraction device or a place to hang cords and connectors above the ground surface.
            (2)   Equipment shall be protected by wheel stops or bollards.
            (3)   Electric vehicle charging stations shall not be placed in an easement.
            (4)   All charging stations must be setback five feet from the nearest property line.
         f.   Notification. The following information shall be posted at all electric vehicle charging stations:
            (1)   Voltage and amperage levels;
            (2)   Hour of operations, time limits, and tow-away provisions;
            (3)   Safety information;
            (4)   Contact information for reporting equipment malfunction or other problems.
         g.   Licensing, A vending machine license shall be required in accordance with Title 4, Chapter 5 of the City Code of Ordinances for electric vehicle charging stations except when located in conjunction with a single-family residence.
   G.   Small Solar Energy Systems:
      1.   Purpose: The provisions of this subsection are intended to establish zoning parameters by which small solar energy systems may be installed in the City of Alton.
      2.   Illumination: Illumination of a small solar energy system shall be prohibited, except to accommodate coinstallation of parking lot lighting luminaires or as required by the federal aviation administration (FAA) or other state or federal agency of competent jurisdiction.
      3.   Commercial Signage: No commercial signage or attention getting device is permitted on any renewable energy system.
      4.   Height:
         a.   A building mounted small solar energy system in a commercially or industrially zoned area may have a maximum height of five feet (5') as measured from the roof surface on which the system is mounted to the highest edge of the system provided, however, that the system shall not exceed five feet (5') above the pealc roof height or five feet (5') above the maximum permitted height of the district, whichever is less.
         b.   A building mounted small solar energy system in a residentially zoned area may have solar panels installed coplanar to the roof not to exceed six inches (6") from the roof surface.
         c.   The maximum height of a freestanding small solar energy system shall be twelve feet (12') as measured from the average grade at the base of the pole to the highest edge of the system.
      5.   Location And Setbacks:
         a.   A small freestanding solar energy system is only permitted in the back yard and shall not be located in any utility, water, sewer, or other type of public easement.
         b.   All parts of any small freestanding solar energy system shall be set back at least five feet (5') from the interior side and rear property lines.
      6.   Maintenance And Removal Of Renewable Energy Systems:
         a.   Renewable energy systems must be maintained in good repair and operable condition at all times, including compliance with all standards in applicable Building and Technical Codes to ensure structural and technical integrity of such facilities, except for maintenance and repair outages. If a system becomes inoperable or damaged, operations must cease and be promptly remedied.
         b.   If the City determines that a renewable energy system fails to comply with the applicable provisions of this Code, the City shall provide written notification to the property owner. The property owner shall have a period of one hundred twenty (120) days from the date of notification to either restore the renewable energy system to operation or remove the system.
         c.   In the event such renewable energy system is not brought into compliance with this Code within the specified time period, the City may remove or cause the removal of said facility at the property owner's expense.
         d.   The City may pursue any and all available legal remedies to ensure that a renewable energy system which fails to comply with this Code or which constitutes a danger to persons or property is brought into compliance or removed.
         e.   Any delay by the City in taking enforcement action against the owner of a renewable energy system and the owner of the property if such owner is different from the owner of such facility, shall not waive the City's right to take any action at a later time.
         f.   The City may seek to have the renewable energy system removed regardless of the owner's or operator's intent to said facility, and regardless of any permits that may have been issued or granted.
         g.   After the renewable energy system is removed, the owner of the subject property shall promptly restore the subject property to a condition consistent with the property's condition prior to the installation of the system.
      7.   Any small solar energy system that does not meet the use standards put forth in the section shall require a special use permit in accordance with the provisions set forth in chapter 11 of this title.
   H.   Residential Composting:
      1.   Regulations. Residential composting practices are permitted as an accessory use within residentially-zoned areas of the city subject to the following regulations:
         a.   All residential composting shall be contained within a bin enclosure consisting of at least three (3) sides. No open piles are permitted.
         b.   Compost bins shall be no taller than five feet and no larger in area than 150 square feet.
         c.   All compost activity shall be conducted in a manner to prevent the attraction or harborage of rodents and pests.
         d.   All compost activity shall be conducted in a manner that prevents unpleasant, rotten-egg-like, putrefactive, or pungent odors,
         e.   No compost bin shall be located less than five feet from the rear or side property line.
         f.   Compost piles shall not be located in any natural or man-made drainage swale or creek or in any location where it will impede free flow of stormwater drainage,
         g.   Compost bins shall be subject to the accessory use and structure requirements outlined in Chapter 3 of this title, except where the provisions of section 11-7-2-H of this title conflict or are stricter, in which case the provisions of section 11-7-2- H shall take precedence.
      2.   Materials. Materials that shall be excluded from composting activity include but are not limited to:
         a.   Fish, fowl, meat, dairy products, or other animal products (excluding egg shells).
         b.   Fatty foods (cheese, cooking oils, etc.);
         c.   Manure and animal feces except for manure produced by hens as permitted under Title 7-1-9 Chickens of the City Code of Ordinances.
         d.   Animal carcasses.
         e.   Items not normally composted.
         f.   Nonorganic waste.
         g.   Demolition debris.
         h.   Pressure treated, painted, or preserved lumber.
         i.   Large branches.
   4.   Private use only. Compost shall be for private use only. There shall be no commercial provision (such as sale, purchase, barter) of material to be composted or of the humus resulting from the composting. (Ord. 6734, 6-11-2003; amd. Ord. 6784, 12-10-2003; Ord. 7538, 9-28-2016; Ord. 7879, 4-12-2023; Ord. 7895, 7-26-2023; Ord. 7904, 9-27-2023; Ord. 7926, 1- -2024)

11-7-3: SPECIAL USE STANDARDS:

   A.   Bed And Breakfast Inns:
      1.   Bed and breakfast inns may be allowed as a special use in the R-1, R-2, R-3, and R-4 zoning districts based on meeting the following performance standards:
         a.   The inn shall be a private owner occupied residence.
         b.   The inn shall be subordinate and incidental to the residential use of the building.
         c.   The inn shall not have more than five (5) guestrooms.
         d.   No guest shall remain in a bed and breakfast inn for more than fourteen (14) consecutive days.
         e.   Meals shall be served only to overnight guests.
         f.   No food preparation or storage facilities shall be provided in guestrooms.
         g.   No bed and breakfast inn shall be located within five hundred feet (500') of any other bed and breakfast inn.
   B.   “Type B” Short-Term Rentals:
      1.   “Type B” short-term rentals may be allowed as a special use in R-1, R-2, R-3, and R-4 zoning districts based on meeting the following performance standards:
         a.   The owner of the dwelling is not present on site during the short-term rental.
         b.   No more than one (1) unit in any dwelling may be rented at the same time as a short-term rental unit.
         c.   Only one group of patrons in a 24-hour period shall be allowed in a “Type B” short-term rental unit.
         d.   “Type B” Short-Term Rental Units shall be subject to and shall comply with all requirements of the city and state building, fire, safety, and occupancy codes and limits.
         e.   Any “Type B” Short-Term Rental Unit special use permit issued under this subsection shall be non-transferrable.
         f.   With the exception of the C-4 downtown commercial district and the MR marina recreation district, there shall be no off-site parking associated with the Short-Term Rental Unit.
         g.   In “Type B” Short-Term Rentals where the licensed operator is not present, upon any notification that any transient, occupant, or guest of the Short-Term Rental Unit property has created unreasonable noise or disturbances, engaged in disorderly conduct or committed violation of any applicable law, rule, or regulations pertaining to the use and occupancy of the Short-Term Rental Unit property, the licensed operator shall respond in a timely and appropriate manner to immediately halt or prevent reoccurrence of such conduct. Failure of the owner to respond to such calls or complaints regarding the condition, operation, or conduct of the occupants and/or guests of a Short-Term Rental Unit in a timely and appropriate manner shall be grounds for revocation of the special use permit as prescribed in section 11-11-4 and/or revocation of the Short-Term Rental license as prescribed in section 4-22-10 and shall subject the owner to all administrative, legal, and equitable remedies available to the City.
   C.   Delicatessens:
      1.   Delicatessens may be allowed as a special use in the R-4 zoning district based on meeting the following performance standards:
         a.   Only food and nonalcoholic beverages may be served.
         b.   Food and beverages will primarily be served to persons seated within the building.
         c.   The hours of operation are limited to six o’clock (6:00) A.M. to seven o’clock (7:00) P.M.
         d.   The maximum seating capacity in the delicatessen is limited to sixty (60) people.
   D.   Payday Loan Companies, Check Cashing Establishments, Title Loan Companies, Pawnshops And Similar Uses:
      1.   Payday loan companies (a use within NAICS code 52239), check cashing establishments (a use within NAICS code 52239), title loan companies (a use within NAICS code 52239), pawnshops (a use within NAICS code 52229), and similar uses within NAICS code 52229 may be allowed as a special use in the M-2 district based on meeting the following performance standards:
         a.   Shall be on a site of at least twenty thousand (20,000) square feet.
         b.   All property lines of the lot on which the business is located shall be at least three hundred feet (300') from the nearest property line of any church or similar place of worship, school, or any residentially zoned property.
         c.   All property lines of the lot on which the business is located shall be at least one thousand feet (1,000') from the nearest property line of any other use classified within NAICS code 5222, including such businesses located outside of the Alton city limits.
         d.   All property lines of the lot on which the business is located shall be at least one thousand feet (1,000') from the nearest property line of any establishment that serves liquor by the drink or any casino or parking lot for any casino.
         e.   The establishment shall not be open for business between the hours of eight o’clock (8:00) P.M. and seven o’clock (7:00) A.M.
         f.   The establishment shall have an interior space for patrons to transact business and shall not have a drive-up or walk-up window or any type of drive-through arrangements.
         g.   No bars, heavy mesh screens or similar material shall be allowed on the exterior of the building and no such material located on the interior of the building shall be visible from outside the building.
   E.   Beauty Salons Or Barbershops:
      1.   Beauty salons or barbershops may be allowed as a special use in the R-1, R-2, R-3, R-4, and R-6 zoning districts based on meeting the following performance standards:
         a.   The beauty salon or barbershop shall have no more than two (2) persons involved in the operation at any point in time; and
         b.   All such persons involved in the operation shall actually reside on the premises.
   F.   Renewable Energy Systems:
      1.   Purpose: The provisions of this subsection are intended to establish zoning parameters by which utility scale solar and small wind energy systems may be installed in the city of Alton. Large wind energy systems are not permitted in any zoning district of the City of Alton. Additional forms of renewable energy not addressed explicitly herein may be authorized subject to compliance with the applicable codes and standards of the city of Alton.
      2.   Illumination: Illumination of a renewable energy system shall be prohibited, except to accommodate coinstallation of parking lot lighting luminaires or as required by the federal aviation administration (FAA) or other state or federal agency of competent jurisdiction.
      3.   Commercial Signage: No commercial signage or attention getting device is permitted on any renewable energy system.
         a.   A sign of a plain white background with black lettering not exceeding four (4) square feet in size shall be provided on each small wind energy system which indicates the emergency contact information of the property owner or operator.
      4.   Height:
         a.   The maximum height of a freestanding solar energy system shall be twelve feet (12') as measured from the average grade at the base of the pole to the highest edge of the system.
      5.   Location And Setbacks:
         a.   A freestanding small wind energy system, including all appurtenances and anchoring equipment, shall not be located within the required front yard or street side yard or in any utility, water, sewer, or other type of public easement.
         b.   A freestanding small wind energy system shall be set back a distance equal to one point one (1.1) times the system height, from the base to all property lines, third party transmission lines, freestanding wind energy systems, overhead electric distribution systems, and communication towers.
      6.   Noise: Measured at the property line, a small wind energy system shall not make noise in excess of fifty five (55) dBa in residential districts or sixty (60) dBa in nonresidential districts except during such short term events as utility outage or a severe windstorm. The City may, at its discretion, require a professional sound measurement by a third party expert at the expense of the property owner, to confirm performance of a small wind energy system in accordance with the performance standards as measured from the ground level at the nearest property line.
      7.   Color: Small wind energy systems shall be monochromatic in color, finished with a neutral and nonreflective coating, such as white or light gray. Ground equipment, such as cabinets and associated facilities, shall be factory finished to match or complement the color of other structures on the lot.
      8.   Unauthorized Access: Freestanding wind energy systems and all components thereof shall be protected against unauthorized access by the public. No climbing ladder, foot pegs or rungs shall be permanently attached below a height of twelve feet (12') above grade.
      9.   Maintenance And Removal Of Renewable Energy Systems:
         a.   Renewable energy systems must be maintained in good repair and operable condition at all times, including compliance with all standards in applicable Building and Technical Codes to ensure structural and technical integrity of such facilities, except for maintenance and repair outages. If a system becomes inoperable or damaged, operations must cease and be promptly remedied.
         b.   If the City determines that a renewable energy system fails to comply with the applicable provisions of this Code, the City shall provide written notification to the property owner. The property owner shall have a period of one hundred twenty (120) days from the date of notification to either restore the renewable energy system to operation or remove the system.
         c.   In the event such renewable energy system is not brought into compliance with this Code within the specified time period, the City may remove or cause the removal of said facility at the property owner’s expense.
         d.   The City may pursue any and all available legal remedies to ensure that a renewable energy system which fails to comply with this Code or which constitutes a danger to persons or property is brought into compliance or removed.
         e.   Any delay by the City in taking enforcement action against the owner of a renewable energy system and the owner of the property if such owner is different from the owner of such facility, shall not waive the City’s right to take any action at a later time.
         f.   The City may seek to have the renewable energy system removed regardless of the owner’s or operator’s intent to said facility, and regardless of any permits that may have been issued or granted.
         g.   After the renewable energy system is removed, the owner of the subject property shall promptly restore the subject property to a condition consistent with the property’s condition prior to the installation of the system.
   G.   Offices of Physicians:
      1.   Offices of Physicians {NAICS 621111) may be allowed as a special use in the R-2 zoning district based on meeting the following performance standards:
         a.   The property on which the office is located shall be adjacent to a major street as defined in 6-1-2-A of this Code.
         b.   Off-street parking shall be required in accordance with 11-9-5 C.9.c. of this Code.
         c.   Off-street parking areas shall be screened from adjacent residential uses with a six (6)-foot tall sight-proof fence and or a landscape buffer as approved by the Plan Commission.
         d.   Hours of operation shall be limited to six o'clock (6:00) A.M. to seven o'clock (7:00)P.M. (Ord. 6734, 6-11-2003; amd. 6754, 8-13-2003; Ord. 7144, 5-27-2009; Ord. 7373, 10-9-2013; Ord. 7438, 12-17-2014; Ord. 7664, 8-22-2018; Ord. 7795, 12-17-2020; Ord. 7870, 1-11-2023; Ord. 7879, 4-12-2023; Ord. 7891, 6-14-2023; Ord. 7904, 9-27-2023)