For the purpose of the administration and enforcement of this zoning ordinance, and unless otherwise stated in this zoning ordinance, the following words and phrases shall have a meaning as indicated herein. If any term is not defined in this section, it shall have its standard English dictionary meaning except as provided for in section 11-2-1 of this chapter.
ABUTTING: Having a common border with, or being separated from such a common border by a right of way, alley or easement.
ACCESSORY USE OR STRUCTURE: A use or structure which is clearly incidental to, customarily found in association with, and serves a principal use; is subordinate in purpose, area, and extent to the principal use served; and is located on the same lot as the principal use, or on an adjoining lot in the same ownership as that of the principal use.
ADJOINING LOT: A lot that shares all or part of a common point or line with another lot.
ADULT-USE CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A.101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A.101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
AGRICULTURE: The use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses, provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.
ALLEY: A minor right of way dedicated to public use which gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.
ALTER: A physical change or an addition. The term "alter" includes renovation, modification, rehabilitation or restoration, but does not include changing the copy on an institutional bulletin board sign, or other legal changeable copy sign.
ALTERATION: Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, or girders, any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
AMENDMENT: A change in the provisions of this zoning ordinance, properly effected in accordance with state law and the procedures set forth herein.
ANTENNA, ACCESSORY: An antenna and supporting structure attached to a building or located on the same lot as a building, designed and used for an amateur radio or citizens band radio (including such antenna used for transmitting and receiving), a similar communication device that only receives a radio frequency (RF) signal or any receive only home television antenna.
APPLICANT: Any person, firm or governmental agency who executes the necessary forms to procure official approval of a development or permit to carry out construction of a development or redevelopment from the city of Alton.
AREA, GROSS: See definition of Land Area, Gross.
ASSISTED LIVING FACILITIES: Establishments that are not licensed and not regulated but are primarily engaged in providing residential and personal care services without on site nursing care for the elderly or other persons who are unable to fully care for themselves. The care typically includes room, board, supervision, and assistance in daily living, such as housekeeping services.
BASEMENT: For residential buildings, the lowest level of a building or the story just below the main floor and which is wholly or partially lower than the surface of the ground. In nonresidential buildings, there may be more than one level classified as a basement provided that all such levels are wholly or partially lower than the surface of the ground.
BED AND BREAKFAST INN: A private, owner occupied residence providing accommodations for a charge to the public with no more than five (5) guestrooms for rent. No meals shall be provided to guests except for breakfast. Bed and breakfast inns do not include motels, hotels, boarding houses, or food service establishments. (Performance standards for bed and breakfast inns in residential districts are contained in section 11-7-3 of this title.)
BOND: Any form of a surety bond in an amount and form satisfactory to the city council.
BUFFER: An area that contains extensive landscape material and/or a decorative wall or similar material designed to screen from view a particular land use or activity.
BUILDABLE AREA: The area of a lot remaining after the minimum yard, dedicated lands and open space requirements of this zoning ordinance have been met.
BUILDING: Any enclosed structure designed, constructed or used for residential, commercial, institutional, industrial or agricultural purpose or accessory thereto.
BUILDING HEIGHT: The vertical distance at the center of the principal front of a building, measured from the grade on that front to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
BUILDING PERMIT: A permit issued by the city of Alton for the construction, erection or alteration of a structure or building and the related ground and surface preparation prior to and after completion of construction, erection or alteration of a structure or building.
BULK STANDARDS: Specifications in this zoning ordinance that provide minimum building setbacks, and maximum building height, building coverage, and floor area ratio requirements.
CALIPER: The diameter of a tree measured one foot (1') above ground level.
CANOPY: A shelter or protective cover projecting from and supported by the exterior wall of a building constructed of nonrigid materials over a rigid framework which is either ground supported or which can be raised or retracted to a position against the building when not in use.
CHANGE OF USE: Any use which substantially differs from the previous use of a building or land, such as a conversion from a residential use to a commercial use. For commercial and industrial uses, any conversion from a use in a three-digit NAICS code group to a use in a different three-digit group is considered a change of use.
CHILDCARE CENTER: A facility which regularly provides daycare for less than twenty four (24) hours per day for four (4) or more children not related to the operator. A childcare center shall include the terms "daycare center", "part day childcare facility", and "daycare home" as defined by chapter 225, act 10, section 2 of the Illinois Compiled Statutes.
CHURCH OR PLACE OF WORSHIP: A building or set of buildings used for the purpose of worship and customarily related activities.
CITY: The city of Alton, Illinois.
COMMERCIAL USE: A use or activity that is primarily limited to commercial districts and which includes retail sales, personal services, business services, offices and similar uses involved in commerce.
COMMERCIAL VEHICLE: Any motor vehicle which is designed or used principally for business, governmental or nonprofit organizational purposes or for carrying passengers for hire, and has a platform, cabinet, box, rack, compartment, or other facility for transportation of materials, equipment, and items other than the personal effects of private passengers.
COMMUNITY RESIDENCE: A group home or specialized residential care home serving unrelated persons with disabilities which is licensed, certified or accredited by appropriate local, state or national bodies, or a group home or specialized residential care home serving unrelated persons with disabilities which is operated by an organization which is licensed, certified or accredited by appropriate local, state or national bodies. A community residence may provide for food, lodging, supervision and other services needed by a person with a disability. Residents and staff shall live together as a single housekeeping unit and in a long term, family like environment. Community residence does not include a residence which serves persons as an alternative to incarceration for a criminal offense, nor persons whose primary reason for placement is treatment of a communicable disease, nor persons whose primary reason for placement is for treatment from the effects of chemical or alcohol dependency. In all cases community residences shall be spaced a distance of greater than six hundred feet (600') from other community residences, as measured from lot line to lot line, regardless of class.
Class I: A community residence with not more than four (4) persons who are classified as having a disability, plus a maximum resident staff of two (2) at any given time or a maximum nonresident staff of two (2) during any given shift. A greater amount of staff may be permissible if required to meet state or federal regulations and adequate proof of such is provided.
Class II: A community residence with more than four (4) persons but not more than eight (8) persons who are classified as having a disability, plus a maximum resident staff of two (2) at any given time or a maximum nonresident staff of two (2) during any given shift. A greater amount of staff may be permissible if required to meet state or federal regulations and adequate proof of such is provided.
Class III: A community residence with more than eight (8) persons but not more than sixteen (16) persons who are classified as having a disability, plus staff.
Class IV: A community residence with more than sixteen (16) persons who are classified as having a disability, plus staff.
COMPOSTING: A controlled biological reduction of organic wastes to hummus.
COMPREHENSIVE PLAN: The plan or any portion thereof adopted by the city council to guide and coordinate the physical and economic development of Alton. The comprehensive plan includes, but is not limited to, plans and programs regarding the locations, character, and extent of public buildings or uses, utilities, residential, commercial or industrial land uses, parks, etc.
CORNER LOT: See definition of Lot, Corner.
COVERED WALKWAY: A pedestrian space under a structure constructed of rigid material extending from, attached to and supported by a building, but not including an awning, canopy or similar object constructed of nonrigid material.
CRAFT BREWER: The holder of a class 10 state of Illinois manufacturer's license which limits the licensed brewer to the manufacture of up to four hundred sixty five thousand (465,000) gallons (15,000 barrels) of beer per year.
CUSTOMARY ACCESSORY USE: An accessory use, as defined in this section, that is usually found in conjunction with a particular principal use.
DAY: In counting days, a day shall be a calendar day, unless the Illinois state statutes specifically provide for an alternate means of counting days, in which case the statute shall prevail.
DEDICATE: To transfer the ownership of a right of way, parcel of land, or improvement to the city of Alton or other public entity without compensation.
DEVELOP: To erect any structure or to install any improvements on a tract of land, or to undertake any activity (such as grading) in preparation therefor.
DEVELOPER: The owner of land proposed to be developed, subdivided, or redeveloped or the developer's representative who is responsible for any undertaking that requires review and/or approval under these regulations.
DEVELOPMENT: A project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of land; any of which has the effect of increasing the requirements for capital improvements, and which requires either the approval of a plat pursuant to the city's subdivision regulations, the issuance of a building permit, or connection to the city's wastewater sewer system.
DEVELOPMENT AGREEMENT: An agreement between the city council and the developer through which the city council agrees to vest development use or intensity or refrain from interfering with subsequent phases of development through new legislation in exchange for the provision of public facilities or amenities by the developer in excess of those required under current community regulations.
DISABILITY: A person whose disability: a) is attributable to mental, intellectual or physical impairments; and b) is likely to continue for a significant amount of time or indefinitely; and c) results in functional limitations in three (3) or more of the following areas of major life activities: 1) self-care, 2) receptive or expressive language, 3) learning, 4) mobility, 5) self-direction, 6) capacity for independent living, 7) economic self-sufficiency; and reflects the person's need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are of a lifelong or extended duration.
DISTRICT: Any section or area of the city within which the zoning regulations governing the use, placement of structures, yard and setback requirements, and size and dimension criteria are uniform throughout the city.
DUPLEX: A residential building divided into two (2) dwelling units.
DWELLING, ATTACHED: A one-family dwelling attached to one or more other one-family dwellings by common vertical walls.
DWELLING, MULTIPLE-FAMILY: A residential building containing three (3) or more dwelling units.
DWELLING, SINGLE-FAMILY: A building, detached from other buildings, designed for or occupied exclusively by one family as a single housekeeping unit. A single-family dwelling does not include a manufactured home.
DWELLING UNIT: One or more rooms in a residential building or portion of a building which are arranged, designed, used, or intended for use as a complete, independent living facility for no more than one family, and which includes permanent provisions for living, sleeping, eating, cooking and sanitation. A dwelling unit must have direct access to the outside or to a public hallway.
EASEMENT: A grant by a property owner of the right of use of his land by another party for a specific purpose.
ERECT: To build, construct, install, attach, hang, place, inscribe, suspend or affix, and shall include the painting of wall signs.
EXTRACTION/MINING: The extraction of rock, sand, gravel and other raw materials which includes accessory uses such as the subsurface storage of explosives, the subsurface use of explosives for blasting, the breaking of rock and minerals, the storage of rock, sand and minerals, surface openings for ventilation, storage of fuel oil, the processing and sale of rock, sand and minerals, commercial storage above and below ground and any other accessory use customarily encountered in the extraction/mining industry.
FACTORY BUILT HOME: A residential structure including modular, precut, paneled, kit and log homes. Such structures consist of panels or precut materials which are shipped and assembled on site. Such structures are certified as being built according to the "CABO one and two family dwelling code" and shall not be considered a manufactured home.
FAMILY:
A. Any number of individuals related by blood, marriage or legal adoption living together as a single housekeeping unit including up to six (6) foster children, or
B. Any number of persons related by blood, marriage or legal adoption living together as a single housekeeping unit including up to six (6) foster children plus up to two (2) unrelated individuals, or
C. Up to three (3) unrelated individuals living together as a single housekeeping unit.
FARM: A parcel of land of not less than three (3) acres, in one ownership, that is used primarily for the commercial, soil dependent cultivation of agricultural crop production and/or for the raising of livestock, but not including a feedlot.
FENCE: An outdoor freestanding structure of any material or combination of materials erected for confinement, screening or partition purposes.
FLAG: Any fabric or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, institution or business.
FLOOD FRINGE: That area as designated by the federal emergency management agency (FEMA) on either side of the floodway. This area is subject to inundation from the base flood but conveys little or no flow.
FLOODPLAIN: That land adjacent to a body of water with ground surface elevations at or below the base flood or the 100-year frequency flood elevation which is subject to inundation. The floodplain as designated by the federal emergency management agency is also known as the special flood hazard area (SFHA). This area is the collective combination of the regulatory floodway and the flood fringe.
FLOODWAY: The channel and that portion of the floodplain, including on stream lakes, adjacent to a stream or watercourse which is needed to store and convey the anticipated existing and future 100-year frequency flood discharge with no more than a 0.1 foot increase in stage due to any loss of flood conveyance or storage and no more than a ten percent (10%) increase in velocities.
FLOOR AREA: The outside dimensions of all enclosed floor area under roof, excluding garages, open and screened porches, carports, terraces, and patios.
FLOOR AREA RATIO: The gross floor area of all principal buildings on a lot divided by the area of the lot.
FOOD RESIDUALS: Source separated and uncontaminated material that is derived from processing or discarding of food and that is recyclable or compostable. "Food residuals" may include preconsumer and postconsumer food scraps.
FOOTPRINT: The land area covered by a building or structure.
FRONTAGE: All of the property abutting and measured along the street right of way line.
GASOLINE STATION: Any structure or land used for retail sales and dispensing of motor vehicle fuels or oils, whether self-service or not, and whether retail sales of vehicle fuels is a principal or accessory use. A gasoline station may furnish supplies, equipment and minor repair services, including tires, to vehicles incidental to selling and dispensing of motor vehicle fuels and oils.
GRADE:
A. For a building having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street;
B. For buildings having walls adjoining more than one street, the average of the elevations of the sidewalk at the centers of all walls adjoining the streets;
C. For buildings having no wall adjoining a street, the average level of the finished surface of the ground adjacent to the exterior walls of the building;
D. Any wall approximately parallel to and not more than fifteen feet (15') from a street line is to be considered as adjoining the street. Where sidewalks do not exist the grade shall be as established by the office of the city engineer.
HEALTH, SAFETY OR GENERAL WELFARE: The purpose for which municipalities may adopt and enforce land use regulations for the prevention of harm or promotion of public benefit to the community; commonly referred to as the police power.
HEIGHT, BUILDING: See definition of Building Height.
HOME KITCHEN OPERATION: A person who produces or packages nonpotentially hazardous baked goods in a kitchen of that person's primary domestic residence for direct sale by the owner or a family member and meets the requirements of a "home kitchen operation" as defined by 410 Illinois Compiled Statutes 625.
HOME OCCUPATION: Any occupation or activity carried on within a residential property where the activity is conducted only by members of the family living within the residence, where products are not offered for sale from the premises, where no evidence of the occupation is visible or audible from the exterior of the residential property, where traffic is not generated in excess of that customary at residences, and where no commercial vehicles are kept on the premises or parked overnight on the premises (home occupation regulations are contained in subsection 11-7-2B of this title).
IMPERVIOUS SURFACE: That area of property that is covered by materials other than soil and vegetation and that has no intended capacity to absorb stormwater, such as parking lots, driveways, sidewalks, patios, tennis courts, roofs and other structures.
IMPROVEMENTS: Any street, curb and gutter, sidewalk, drainage ditch, sewer, catch basin, water main, streetlight, newly planted tree, off street parking area, or other facility necessary for a subdivision or development.
INTERSECTION: The point at which two (2) or more public rights of way (generally streets) meet.
JUNK VEHICLE: Any vehicle that has had its engine, wheels or other parts removed, damaged, altered, or otherwise so treated that the vehicle has been incapable of being driven under its own motor power for a period of at least seven (7) days, or a vehicle which is not currently registered or licensed by the Illinois secretary of state or similar licensing authority of another state.
LAND AREA, GROSS: For land proposed to be developed, used, redeveloped, or subdivided, the entire area within the lot lines of the property proposed for subdivision, including any areas to be dedicated/reserved for street and alley rights of way and for public uses.
LANDSCAPING: Trees, shrubbery and other plant materials arranged to beautify and/or screen from view all or part of a premises.
LARGE SOLAR ENERGY SYSTEM: A system that uses the power of the sun to capture, distribute and/or store energy which is intended to generate electric power at a utility scale and identified by NAICS code 221114.
LARGE WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, a tower or mounting, and associated control or conversion electronics, which is intended to generate utility power at a commercial scale and identified by NAICS code 221115.
LIFE CARE FACILITY: A place or places in which a provider undertakes to provide a resident with nursing services, medical services or personal care services, in addition to maintenance services, for a term in excess of one year or for life pursuant to a life care contract. The term also means a place or places in which a provider undertakes to provide such services to a nonresident.
LIVESTOCK: Animals which have historically been bred, reared and utilized for the production of meat, wool, leather, milk, eggs and similar products, including, but not limited to, cows, hogs, sheep, goats, catfish and fowl which are raised on a commercial basis.
LOADING ZONE: An area having minimum dimensions of twelve feet (12') and thirty five feet (35') with fourteen feet (14') of vertical clearance on the same premises as a use requiring such zone that provides for the standing, loading or unloading of trucks and does not use any required off street parking spaces nor unreasonably block traffic circulation on the site.
LOT: A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit.
LOT AREA: The area of a horizontal plane bounded by the front, side and rear lines of a lot.
LOT, CORNER: A lot situated at the intersection of two (2) or more streets with frontage on two (2) or more adjacent sides.
LOT DEPTH: The mean distance measured from the front lot line to the rear lot line.
LOT, DOUBLE FRONTAGE: A lot having a pair of approximately parallel lot lines that abut two (2) approximately parallel streets.
LOT, INTERIOR: A lot whose side lot lines do not abut upon any street.
LOT LINE: A line of record bounding a lot thereby dividing such lot from another lot or from a right of way.
LOT OF RECORD: A lot which is a part of a subdivision, the plat of which has been recorded with the Madison County recorder of deeds, or a parcel of land, the deed of which was recorded with the Madison County recorder of deeds prior to the adoption of this zoning ordinance.
LOT WIDTH: For lots with parallel or roughly parallel side lot lines, the shortest distance between the side lot lines. For lots where the side lot lines are not parallel, the width of the lot shall be the length of a straight line measured at right angles to the axis of the lot at the front setback required for the district in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear lot lines.
MANUFACTURED HOME:
A. A structure transportable in one or more sections, which in the traveling mode is eight feet (8') wide or more and forty feet (40') long or more, and when erected, is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities; and
B. A building assembly or system of building subassemblies, designed for habitation as a dwelling for one or more persons, including the necessary electrical, plumbing, heating, ventilating and other service systems, which is of closed or open construction and which is made or assembled by a manufacturer, on or off the building site, for installation, or assembly and installation, on the building site, with a permanent foundation.
Such dwelling units shall be subject to the safety codes for manufactured housing and mobile homes promulgated by the Illinois department of public health as authorized by the Illinois manufactured housing and mobile home safety act.
MANUFACTURED HOME PARK: A tract of land or two (2) or more contiguous tracts of land upon which contain sites with the necessary utilities for five (5) or more independent manufactured homes for permanent habitation either free of charge or for revenue purposes, and shall include any building, structure, vehicle, or enclosure used or intended for use as a part of the equipment of such manufactured home park. Separate ownership of contiguous tracts of land shall not preclude the tracts of land from common licensure as a manufactured home park if they are maintained and operated jointly. A motorized recreational vehicle shall not be construed as being a part of a manufactured home park.
MICROBREWERY: A business defined by NAICS code 312120 which produces up to four hundred sixty five thousand (465,000) gallons (15,000 barrels) of beer per year and which is operated by a craft brewer.
MODEL HOME: A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision and which will not be permanently occupied during its use as a model.
MOTOR VEHICLE: A self-propelled means of transportation not operated exclusively upon tracks, except farm tractors and motorized bicycles.
NET METERING: An arrangement by which excess energy generated by a renewable energy system is distributed back to the electrical utility grid.
NONCONFORMING BUILDING OR STRUCTURE: A building or structure whose size, dimensions or location was lawful prior to the adoption, revision or amendment of this zoning ordinance but which would be prohibited or further restricted under the terms of this zoning ordinance.
NONCONFORMING LOT: A lot whose area, dimensions or location was lawful prior to the adoption, revision or amendment of this zoning ordinance, but which would be prohibited or further restricted under the terms of this zoning ordinance.
NONCONFORMING USE: A use or activity which was lawful prior to the adoption, revision or amendment of this zoning ordinance, but which would be prohibited or further restricted under the terms of this zoning ordinance.
NONCONFORMITY, SITE RELATED: A characteristic of the site, such as off street parking or loading, landscaping, drainage or similar matters which are incidental to the principal use of the property but which do not satisfy current city standards, as established in this zoning ordinance.
NURSING HOME: A place, whether operated for profit or not, or a county home for the infirm and chronically ill which provides, through its ownership or management, personal care, sheltered care or nursing for three (3) or more persons, not related to the applicant or owner by blood or marriage. It includes skilled nursing facilities and intermediate care facilities as those terms are defined in titles XVIII and XIX of the federal social security act.
OUTDOOR RESTAURANT: An eating or drinking establishment which has an unroofed area or a covered area which is not enclosed by walls where patrons may be served food and/or beverages.
OUTDOOR STORAGE: The keeping, in an unroofed area, of any goods, material, or merchandise in the same place for more than twenty four (24) hours unless such goods, material, or merchandise have been authorized through the issuance of a permit for a temporary outdoor display or temporary seasonal display. The parking of motor vehicles, in operating condition, which are used in the operation of a commercial establishment shall not be considered outside storage.
PARAPET OR PARAPET WALL: A low, protective wall at the edge of a balcony or roof, especially that part of an exterior wall, firewall or party wall that rises above the roof.
PARKING PAD: For single-family residential uses, that portion of a driveway located behind the front line of a house and used for vehicle access and/or parking. For other uses, that portion of a driveway or parking lot used for the temporary storage of vehicles.
PERMITTED USE: A use allowed by right in a zoning district and subject to the restrictions applicable to that zoning district.
PLAN COMMISSION: The plan commission of the city of Alton, Illinois.
PLANNED DEVELOPMENT PROCEDURE: A tract of land which is developed as a unit under single ownership or unified control, which includes two (2) or more principal buildings or uses and follows applicable procedures of this zoning ordinance.
POLICE POWER: Inherent, delegated, or authorized legislative power for purposes of regulation to secure health, safety, and general welfare.
POULTRY COMPOST FORAGING OPERATION: A poultry farm managing between one hundred (100) and two thousand (2,000) poultry that composts not more than two thousand (2,000) cubic yards per year of food residuals. For the purpose of this definition, poultry shall include chickens only.
PREMISES: Any land together with any structures occupying it.
PRINCIPAL USE: The primary use of a lot or premises occupying the major portion of all buildings and structures.
RECREATIONAL VEHICLE: A vehicle which can be towed, hauled or driven and is primarily designed as temporary living accommodations for recreational, camping and travel use, or for other recreational transportation, including, but not limited to, travel trailers, truck campers, camping trailers, self-propelled motor homes, boats and snowmobiles.
RENEWABLE ENERGY SYSTEM: A system that generates energy from natural resources such as sunlight, wind, and geothermal heat. As used herein, "renewable energy system" refers to small wind energy systems and solar energy systems only.
RETAINING WALL: A wall of treated lumber, masonry, railroad ties, concrete or similar material for holding in place a mass of earth.
RIGHT OF WAY: Land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, railroad, electric transmission line, oil or gas pipeline, water line, wastewater sewer line, storm sewer line, or other similar use.
SATELLITE DISH ANTENNA: A device or structure used to transmit and/or receive radio, television or electromagnetic waves or signals between terrestrially and/or orbitally based uses through a reflective surface that is solid, open mesh or bar configured and generally in the shape of a shallow dish, cone, horn, or cornucopia. This definition includes, but is not limited to, satellite earth stations, television reception only (TVROs), and satellite microwave antennas.
SCREENING: A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.
SETBACK: The minimum horizontal distance between the front, side or rear lines of the lot and the front, side or rear lines of the building including porches, carports, and accessory uses subject to yard encroachment provisions of this zoning ordinance. For lots fronting on curvilinear streets, the front setback shall be measured from a line perpendicular to the chord line to the nearest point of a structure.
SETBACK, REQUIRED: The minimum horizontal distance between the lot line and the buildable area of a lot necessary to meet the yard requirements of the applicable zoning district. The required setback line shall be parallel to the lot line.
SHORT-TERM RENTAL UNIT: An accommodation for one group of transient guests where a residential dwelling is rented for licensed lodging for a period of time no less than 24 hours and not to exceed 30 days. For the purpose of this definition, a residential dwelling shall include all housing types. This definition does not apply to a lease-back provision as part of a sale in a real estate transaction.
SHORT-TERM RENTAL UNIT, OWNER: The person or entity that holds legal and equitable title to a Short-Term Rental property.
SHORT-TERM RENTAL UNIT, TYPE A: An owner-occupied Short-Term Rental Unit in which 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.
SHORT TERM RENTAL UNIT, TYPE B: A non-owner occupied Short-Term Rental Unit in which the owner of the dwelling is not present on site during the Short-Term Rental.
SIGN: Any device, fixture, placard or structure that uses any color, form, graphic illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public, but not including a church steeple.
Alter: A physical change or an addition. The term "alter" includes renovation, modification, rehabilitation or restoration, but does not include changing the copy on an institutional bulletin board sign, or other legal changeable copy sign.
Animated Sign: Any sign or part of a sign which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation.
Area Of Sign: See definition of Sign: Gross Sign Area.
Banner: Any sign of lightweight fabric or other nonrigid material that is mounted to a pole, building or other structure by a frame at one or more edges. Flags shall not be considered banners.
Billboard: A sign that identifies or communicates a commercial or noncommercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located.
Bulletin Board Sign: A wall sign or freestanding sign located on the premises of a place of worship or school, on government owned property, or a city owned sign placed on other property, which contains changeable copy information such as the names of individuals connected with the institution, general announcements of events or activities occurring at the institution or within the city, or similar messages.
Canopy Sign: Any sign that is a part of or attached to a canopy or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area.
Changeable Copy: Message information on a sign face which is altered manually through the use of attachable letters, numbers and symbols.
Commercial Message: Any sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
Construction Sign: A temporary sign erected on the premises on which construction is taking place, during the period of such construction, which may indicate the names of the owners and/or contractors having a role or interest with respect to the structure or project.
Copy: Message information on a sign face.
Covered Walkway Sign: A sign hung from the ceiling of a covered walkway in front of a retail store.
Election Sign: A temporary sign supporting a candidate and/or issue on the ballot in an impending election.
Erect: To build, construct, install, attach, hang, place, inscribe, suspend or affix, and shall include the painting of wall signs.
Flag: Any fabric or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, institution or business.
Freestanding Sign: Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure including low monument signs and pole signs.
Gross Sign Area: The entire area within a single continuous perimeter composed of parallelograms, triangles, circles, ellipses or combinations thereof, enclosing the extreme limits of the sign, but not including structural supports which are not an integral part of the sign; except that in the case of an individual letter sign erected on a wall only two-thirds (2/3) of the entire area of the enclosing parallelograms, triangles, circles, ellipses or combinations thereof, shall be counted as the gross area of the sign. Where a sign has two (2) or more faces, the gross area of all such faces shall be included in determining the total gross area of the sign.
Incidental Sign: A sign which is generally informational and has a purpose secondary to the use of the premises on which it is located, such as "credit cards accepted here", "loading only", "telephone", or similar information. No sign with a commercial message legible from a position off the premises shall be considered incidental.
Light Pole Artwork Banner: A banner with a design applied through silkscreening or similar application method, attached to a light pole, utility pole or similar object.
Low Monument Sign: A freestanding sign located adjacent to a road right of way with a single pedestal base where the pedestal base is at least fifty percent (50%) of the width of the sign face.
Moving Sign: An "animated sign", as herein defined.
Nonconforming Sign: Any sign that was lawfully erected but no longer conforms to the requirements of this zoning ordinance.
Off Premises Sign: Any sign, except a "billboard" as defined herein, which advertises or identifies a property, business or address other than the property, business or address where the sign is displayed.
Off Site Sign: See definition of Sign: Off Premises Sign.
On Premises Permanent Sign: A sign pertaining primarily to the use of the premises on which the sign is located and which may contain, but is not limited to, any of the following information: the name of the owner, occupant, management, business or building; the address; the type of business, profession, service or activity; and the type or types of products offered.
Pole Sign: A freestanding sign elevated above ground level by one or more narrow structures or supports that are anchored in the ground and that is independent from any building or other structure, but not including a billboard.
Portable Sign: Any sign not permanently attached to the ground or other permanent structure, which is designed to be transported, including, but not limited to, signs designed to be transported by means of wheels, signs converted to A- or T-frames, menu and sandwich board signs, and any inflatable sign other than a special event balloon.
Primary Highway: A major road on the state highway system designated a primary highway by the Illinois department of transportation and that portion of Alby Street beginning at the south line of Big Arch Road and extending north to the limits of the city of Alton.
Projecting Sign: Any sign attached to, and extending more than fourteen inches (14") from a wall which is supported by such wall.
Real Estate Sign: Any sign pertaining to the sale, lease or rental of real estate.
Residential Sign: A sign on a residentially zoned lot that contains a political, religious or other noncommercial message.
Roof Sign: Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
Sandwich Sign: A "portable sign", as herein defined, with two (2) sign faces designed as a movable A-frame with a hinge at the top joining the two (2) sign faces, intended to be set up in front of an activity on a temporary basis.
Sign Area: See definition of Sign: Gross Sign Area.
Sign Face: The area or display surface used for the message.
Sign Frontage: The lineal distance along the street in front of the premises; or absent frontage on a street, the length along the front of the ground floor of a building occupied by a separate and distinct use and the length along the side of the ground floor of a building occupied by a separate and distinct use when the side of such building faces a street; or the width of a tenant space measured along the ground floor of a building occupied by a separate and distinct use which does not face a street but faces a parking lot.
Sign Height: For all signs except billboards, the vertical distance measured from the elevation of the centerline of the adjacent right of way at the point closest to the sign to the highest point of the sign.
Sign Permit: A document certifying that the plans for the proposed sign comply with all applicable city ordinances and requirements.
Snipe Sign: A temporary sign or poster affixed to a utility pole, tree, fence or similar object not designed to support a sign.
Special Event Balloon: A temporary sign which is inflated by air or gas and which promotes an extraordinary happening.
Special Event Sign: A temporary sign announcing or promoting an event sponsored by a governmental or nonprofit organization. Such event could include a Fourth Of July celebration, or other seasonal or annual event.
Subdivision Direction Sign: A temporary sign intended to direct the general public to a subdivision under development and limited to the name of the subdivision, a directional arrow and written directions.
Subdivision Information Sign: A temporary sign intended to inform the general public about a subdivision under development.
Temporary Advertising Sign: A temporary sign or signs displayed so as to attract attention to the sale of merchandise or services, or a change in policy or in the status of a business.
Temporary Sign: A sign which is not illuminated and is not permanently installed or affixed to any sign, structure, building or lot.
Unkempt Or Unsightly Sign: A sign that, in the opinion of the zoning administrator or the zoning administrator's designee, is clearly in disrepair, is missing part of its copy, has letters or other copy that are broken, missing or so faded that they are difficult to read from the street, is not securely affixed to either the ground or some other supporting structure, contains an illegible message, contains rust or peeling or flaking paint, or has damage to its face which is clearly visible from the street.
Wall Sign: Any sign attached parallel to, and within fourteen inches (14") of, a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign face. A wall sign may extend above the eaves of a roof provided that it does not extend above the highest point of the roof.
Window Sign: Any sign, pictures, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed immediately inside a window or upon the windowpanes or glass and is visible from the exterior of the window.
SITE COVERAGE: The percentage of a lot or parcel that is covered by buildings, parking lots, driveways and other impervious surfaces.
SMALL SOLAR ENERGY SYSTEM: A system that uses the power of the sun to capture, distribute and/or store energy for on site consumption of utility power.
SMALL WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, a tower or mounting, and associated control or conversion electronics, which is intended primarily to reduce on site consumption of utility power.
SMALL WIND ENERGY SYSTEM, BUILDING MOUNTED: A small wind energy system mounted on a principal structure.
SMALL WIND ENERGY SYSTEM, FREESTANDING: A small wind energy system that is not attached to another structure and is ground mounted, or which is attached to an antenna, light pole, or other utility facility.
SOLAR ENERGY SYSTEM, BUILDING MOUNTED: A solar energy system mounted on either the principal or accessory structure.
SOLAR ENERGY SYSTEM, FREESTANDING: A solar energy system that is not attached to another structure and is ground mounted.
SPECIAL USE: A use that would not be appropriate generally throughout a zoning district because of potential danger, smoke, noise, odor or other undesirable effect, but which, if controlled as to number, area, location, or relation to the neighborhood, would not be detrimental to public health, safety, morals or general welfare.
STORY: That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.
STREET: A public or private way for motor vehicle travel. The term "street" includes a highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, drive, court, and similar designations, but excludes an alley or a way for pedestrian use only.
STREET TREE, APPROVED: A deciduous hardwood tree with a minimum caliper of two and one-half inches (21/2") and with a clear trunk of at least six feet (6') which is suitable for urban environments, is tolerant of disease and salt, and is included within one of the following species:
Hedge maple (Acer campestre)
Ironwood (Ostrya virginiana)
Little leaf linden (Tilia cordata)
Pin oak (Quercus palustris)
Red maple (Acer rubrum)
Red oak (Quercus rubra)
Seedless green ash (Fraxinus pennsylvanica "Marshall seedless")
Silver linden (Tilia tomentosa)
Sugar maple (Acer saccharum)
Thornless honey locust (Gleditsia triacanthos "inermis")
White ash (Fraxinus americana)
Willow oak (Quercus phellos)
STRUCTURAL CHANGE OR ALTERATION: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or the exterior walls.
STRUCTURE: Anything constructed, erected or located on or above the ground, or anything specifically enumerated herein, the use of which requires permanent location of which, though movable, is used for a purpose which usually and customarily involves permanent location on or above the ground including, but without limiting the generality of the foregoing, advertising signs, billboards, fences, parking spaces, driveways, sidewalks, tennis courts, pergolas, swimming pools, playground equipment, tree houses and structures for the housing of animals or fowl. Regulation mailboxes shall not be considered "structures" as herein defined.
TELECOMMUNICATION FACILITY: An unstaffed facility consisting of an equipment building, shelter or cabinet, accessory equipment and an existing or new structure to support communication antennas.
Antenna, Communication: Any device that transmits and/or receives radio waves for voice, data or video communications purposes including, but not limited to, VHF and UHF television, FM or AM radio, two-way radio, paging, enhanced specialized mobile radio (ESMR), cellular telephone, personal communications services (PCS) or other wireless telephony, fixed point microwave, low power television, or other similar wireless communications and common carriers. This definition does not include small satellite dish antenna that only receive a signal, any other receive only antenna including a satellite earth station, any receive only home television antenna, or any accessory antenna as herein defined which does not exceed fifty feet (50') in height.
Co-Use: The location of two (2) or more communication antennas and/or other telecommunication devices at a single, preexisting telecommunications facility.
Disguised Support Structure: Any freestanding manmade structure designed solely or primarily for the support of communication antennas, the presence of which is camouflaged or concealed as an architectural or natural feature within the context of its immediate surroundings. Such structures may include, but are not limited to, clock towers, campaniles, observation towers, pylon signs, water towers, light standards, flagpoles and artificial trees.
Freestanding: A telecommunications facility that consists of a stand alone support structure (typically a guyed tower, self- support tower or a monopole), antennas and associated equipment storage shelter.
Stealth: A telecommunications facility that incorporates antennas and other telecommunication devices upon existing buildings and/or structures, does not extend more than twenty feet (20') above the maximum existing structure height, and are appropriately painted and screened so as to harmonize with the existing building and/or structure.
TOTAL SYSTEM HEIGHT: The total height of the tower and the wind turbine measured from the average grade at the base of the system to the top of the blade or rotor.
TRACT: A lot.
USED CAR SALES: A lot or premises where two (2) or more used vehicles are offered for sale concurrently or where three (3) or more used vehicles are offered for sale over a period of one year.
VARIANCE: A relaxation by the board of appeals of the dimensional regulations of this zoning ordinance where such action will not be contrary to the public interest and where, owing to conditions extraordinary to the property and not the result of actions or the situation of the applicant, a literal enforcement of the code would result in practical difficulties or undue hardship.
WALL: When referring to fences and walls, a wall is a "fence", as defined in this section, that is typically constructed of masonry, stone, or similar material and situated in a yard, but not including a retaining wall or wing wall.
WING WALL: An extension of an exterior wall of a house constructed of the same material of such exterior wall which is primarily decorative in nature but which may also serve as a barrier.
YARD: An open space at grade between a building and the adjoining lot line unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in section 11-3-4 of this title.
YARD, FRONT: A yard extending across the full width of a lot between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
YARD, REAR: A yard extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line.
YARD, REQUIRED: The minimum setback distance for each yard established by the minimum yard dimensions in the zoning district requirements.
YARD, SIDE: A yard extending from the front yard to the rear lot line between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building, or a yard which is not a front or rear yard.
YARD, STREET SIDE: On corner lots, the yard extending across the full depth of a lot between any building and the street, and measured perpendicular to the building at the closest point to the street lot line. The street lot line shall be the property line along the street which the lot has its maximum dimension.
ZONING ADMINISTRATOR: The zoning administrator, or his/her duly authorized representative, appointed by the mayor, who shall administer certain provisions of this zoning ordinance.
ZONING DISTRICT MAP:
A graphic depiction showing the districts deemed by the city council to be best suited to carry out the purposes of this zoning ordinance; and within such districts are regulations for the erection, construction, reconstruction, alteration or use of buildings, structures, or land. (Ord. 6734, 6-11-2003; amd. Ord. 7358, 7-24-2013; Ord. 7373, 10-9-2013; Ord. 7379, 11-26-2013; Ord. 7538, 9-28-2016; Ord. 7755, 4-23-2020; Ord. 7879, 4-12-2023; Ord. 7894, 7-26-2023; Ord. 7904, 9-27-2023; Ord. 7926, 1- -2024)