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,
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)