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.
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)
Notes
| 1 | 1. See section 11-1-8 of this title for effective date of this subsection. |