060 - SUPPLEMENTARY DISTRICT REGULATIONS
Accessory uses include uses and activities that are necessarily and customarily associated with, and appropriate, incidental, and subordinate to the principal uses allowed in the associated zoning district. Accessory uses and activities shall be subject to the same regulations as apply to principal uses in each district, unless otherwise stated in this section.
(Zoning Ord. 2009, § 17.060.010; Ord. No. 4599, § 1(A), 4-22-2013)
Residential uses include, but are not limited to, the following:
A.
Fences and walls (See Section 17.060.050).
B.
Garages and carports (See Section 17.060.060).
C.
Gardens for residential use.
D.
Home occupations (See Section 17.060.070).
E.
Playhouses, cabanas, gazebos, greenhouses, and incidental household storage buildings such as storage sheds, potting sheds, tool sheds, etc. (See Section 17.060.060).
F.
Radio and television receiving antennas and support structures (See Section 17.050.160).
G.
Recreational equipment storage such as boats, boat trailers, camping trailers, converted buses or trucks (See Section 17.060.100).
H.
Swimming pools, spas/hot tubs (See Section 17.060.090).
I.
Storm shelters and fallout shelters.
J.
Composting for residential use (See Section 17.060.255).
K.
Other necessary and customary uses determined by the Community Development Director to be appropriate, incidental, and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed by the Community Development Director to ensure land use compatibility.
(Zoning Ord. 2009, § 17.060.020; Ord. No. 4599, § 1(B), 4-22-2013; Ord. No. 21-86, § 1, 10-26-2021)
Nonresidential uses include, but are not limited to, the following:
A.
Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients, or visitors to the principal use.
B.
Dwelling units, other than manufactured homes, when used or intended to be used for security or maintenance personnel.
C.
Dwelling units, when located on the second story of a commercial structure located in the "B-2" District.
D.
Fences and walls, subject to Section 17.050.050.
E.
Gates and guard houses.
F.
Offices for allowed business and industrial uses when the office is located on the same site as the principal use.
G.
Parking garages and off-street parking areas (all vehicle use areas shall consist of dust-free surfaces).
H.
Radio and television receiving antennas and support structures, subject to Section 17.050.150.
I.
Restaurants, news stands, gift shops, swimming pools, tennis courts, clubs and lounges when in a permitted hotel, motel or office building.
J.
Sales of goods produced as a part of allowed industrial activities when on the same site as the principal industrial use;
K.
Recycling collection stations, subject to the provisions of Section 17.060.100, "Outdoor Storage".
L.
Sidewalk dining, subject to Section 17.060.075.
M.
Other necessary and customary uses determined by the Community Development Director to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standard imposed by the Community Development Director to ensure land use compatibility.
(Zoning Ord. 2009, § 17.060.030; Ord. No. 4599, § 1(C), 4-22-2013)
The following standards shall apply to all accessory uses and structures unless otherwise specifically provided:
A.
Residential accessory structures shall be setback a minimum of five (5) feet from the side and rear lot lines. Nonresidential accessory structures shall be subject to the same required setbacks as the primary structure, unless otherwise specifically allowed.
B.
No accessory structure shall be located closer to the front lot line than the principal structure.
C.
The minimum distance between structures on the same lot shall be five (5) feet.
D.
No accessory structure, other than a fence or wall, shall be located within any platted or recorded easement, or over any known utility.
E.
No accessory structure shall exceed the maximum height standards of the underlying district.
F.
No detached accessory structure shall cover more than ten (10) percent of the total lot area. Accessory buildings and structures shall be included in the calculation of total lot coverage, with the exception of porches, decks, patios, canopies, fire escapes, driveways, parking lots, sheds and swimming pools.
(Zoning Ord. 2009, § 17.060.040; Ord. No. 4599, § 1(D), 4-22-2013; Ord. No. 23-111, § 2, 10-10-2023)
Fences or walls constructed in all zoning districts in the City shall comply with the following regulations and design standards, except as otherwise specifically provided in other codes and regulations.
A.
General regulations. The following regulations shall apply to all fences or walls constructed in any district.
1.
Permitted fence materials. Permitted fence materials include decorative masonry, brick, stone, pre-cast concrete, rigid composite, treated or naturally resistant wood, vinyl, wrought iron, aluminum, square tubing and/or metal tubing, or similar material, as approved by the City, with the following exception(s):
a.
Vinyl or powder coated chain-link fencing is permitted in side or rear yards. If the property is a corner lot, vinyl or powder coated chain-link fencing is permitted to extend into the secondary front yard.
b.
Vinyl or powder coated chain-link fencing shall be standard post and frame construction. A top rail and knuckle selvage is required.
2.
Prohibited fence materials and types. Prohibited fencing materials include slats, mesh, tarps, cloth, canvas, wire or hazardous types of fencing that are equipped or designed with sharp points including barbed wire, electrically charged including barbed wire.
a.
Exception. Wire fence materials may be permitted in conjunction with an approved chicken keeping permit or as permitted by Section. 17.060.050.D. Wire Monitored Alarm System.
3.
A fence or wall shall be constructed with a finished side facing outward from the property. The posts and support beams shall be on the inside or shall be designed as an integral part of the finished surface.
4.
All fence segments abutting an arterial or collector street, except on corner lots, shall provide one (1) gate opening per lot.
5.
No fence or wall shall block access from any means of ingress or egress to a building or structure or restrict access to existing utility meter or emergency shut off. Fences shall be located at least two (2) feet from building walls or structures except where fences project from building wall or the structure.
6.
No fence or wall shall impede the sight distance triangle for any intersection of any public or private streets, alleys or points of access.
7.
Retaining walls. A retaining wall may be permitted where it is reasonably necessary due to the changes in slope on the site. Permitted retaining wall materials include poured concrete, concrete block, brick, masonry, and stone or similar material approved by the City.
8.
Maintenance. Fences and walls shall be maintained in good repair. Missing, damaged, defaced, rotting, or otherwise deteriorated fences or walls shall be repaired, replaced, or removed such that fences and walls are returned to a maintenance-free condition.
9.
Public utilities design standards. Fences or walls constructed to enclosed or screen public utilities shall comply with the design standards established herein for the underlying zoning district and shall also be subject to the requirements and procedures of Section 17.050.210, Utility Stations, Exchanges, Essential Services (Public Utilities).
B.
Residential fence regulations. The following regulations shall apply to fences constructed on all residential property.
1.
Front yard. A fence or wall exceeding four (4) feet in height may not be constructed in the front yard or in front of the established front building line. Fences within the front yard shall be fifty (50) percent or more transparent.
2.
Side and rear yard. A fence or wall exceeding six (6) feet in height may not be constructed in the side or rear yard.
a.
In the case of a corner lot or double frontage lot, whose side or rear yard abuts a street or public right-of-way, a fence not exceeding six (6) feet in height may be constructed on the side or rear property line, provided the fence does not cause a hazard for traffic, neighboring properties, and/or access points.
b.
Vinyl or powder coated chain-link fence shall not exceed four (4) feet in height.
3.
Front yard fences on large lots. A fence or wall may be constructed in the front yard or in front of the platted building line of large lots subject to all of the following criteria being satisfied:
a.
The property shall be located with the "R-1" or "R-1A" Single-Family Residential District;
b.
The property shall consist of a single lot of record that is equal to or greater than two (2) acres in area with a minimum width at the building line of one hundred fifty (150) feet;
c.
All building structures shall be located a minimum of seventy-five (75) feet from the street (as defined in Section 17.020.020.);
d.
The fence shall meet the minimum front yard setback requirement (i.e. twenty-five (25) feet);
e.
Gates for vehicular use shall meet the minimum front yard setback requirements, or be at least twenty-five (25) feet from the property line through which the driveway passes, and shall not open outwardly;
f.
The fence shall have a maximum height of six (6) feet excluding gates and columns, which shall not exceed eight (8) feet;
g.
Stone or masonry knee walls elements, exclusive of columns or stanchions, shall not represent more than forty (40) percent of the fence surface area or individual segment thereof;
h.
Fence shall provide a minimum of seventy (70) percent transparency of the total fence surface area exclusive of permitted stone or masonry elements;
i.
Gates shall be equipped to allow access by emergency responders as approved by the Police and Fire Departments.
j.
At the discretion of the City, applications for front yard fences on large lots, as excepted herein, may be referred to the Planning Commission for review.
C.
Commercial fence regulations.
1.
Front yard. A fence or wall constructed in the front yard of any commercial or industrial property may not exceed six (6) feet in height and must be a minimum of fifty (50) percent transparent.
2.
Side and rear yard. A fence or wall constructed in the side or rear yard of any commercial or industrial property shall not exceed six (6) feet in height.
3.
When a transition buffer is required, a fence or wall not to exceed eight (8) feet in height may be constructed on the rear or side property line, in accordance with Section 17.080.160.
4.
Fences or walls constructed to screen outdoor storage areas or outdoor equipment areas shall not exceed eight (8) feet in height and are subject to the requirements and procedures of Section 17.060.100, Outdoor Storage.
D.
Public and institutional regulations.
1.
Fences erected upon public or parochial school grounds or in public parks and in public playgrounds, may not be constructed of a height greater than four (4) feet in the front yard or six (6) feet elsewhere. Fences used for game courts or fields may exceed these height requirements as approved by the City.
E.
Exception; wire monitored alarm system. A wire fence for the purposes of alarmed security may be constructed on commercial, industrial, public and governmental properties, subject to each of the following criteria being satisfied:
1.
Wire alarm systems shall be subject to administrative review and approval by the Community Development Director or his/her designee.
2.
Fence shall be constructed behind/inside an approved fence, wall or barrier which meets all aforementioned requirements for fencing.
3.
Fence may be erected up to a maximum height of eight (8) feet.
4.
Fence may be connected to a power source but shall not be electrified in any manner which exhibits a shock when touched by human or animal.
5.
Wire shall be of a gauge that is not easily visible from public rights-of-way.
(Zoning Ord. 2009, § 17.060.050; Ord. No. 4750, § 2, 9-24-2014; Ord. No. 18-102, § 1, 10-22-2018; Ord. No. 22-17, § 1, 2-22-2022; Ord. No. 24-31, § 1, 2-27-2024)
A garage, carport or storage building shall be allowed as an accessory use on Single Family and One- and Two-Family residential dwelling lots and shall comply with the following performance standards and regulations:
A.
Building Permit Required. The appropriate building permit shall be obtained prior to the construction of any accessory structure.
B.
Definition. "Storage Building, Shed, and Other Incidental Accessory Structure" shall mean an accessory residential building or structure which is incidental and subordinate to the primary structure on the same lot, including but not limited to storage buildings, sheds, potting sheds, tool sheds, greenhouses, playground equipment/playhouses, pergolas, gazebos, arbors, and similar incidental accessory structures.
C.
Intensity of Use Regulations.
1.
Maximum Number of Accessory Structures. There shall be no more than two (2) accessory structures per Single Family and One- and Two-Family dwelling lots.
a.
The two maximum permitted accessory structures may consist of the following combinations of structures: two (2) detached garages or covered carports; or two (2) storage buildings, sheds, or other incidental accessory structures; or one (1) detached garage or covered carport structure, and one (1) storage building, shed, or other incidental accessory structure.
b.
Exemptions. The following accessory structures shall be exempt from the maximum number of accessory structures permitted:
i.
Playground equipment/playhouses, pergolas, gazebos, arbors, green houses, and similar incidental accessory structures, at the discretion of the City, provided that the structure is less than two hundred (200) square feet in size.
ii.
Freestanding solar panels.
2.
Maximum Permitted Size, Cumulative. Accessory structures shall comply with the cumulative maximum size limitations as established by Table 1.—Cumulative Maximum Permitted Size for Accessory Structures.
a.
Notwithstanding the maximum number of accessory structures permitted on a lot, the cumulative square footage of all accessory structures constructed on a lot shall not exceed the cumulative maximum permitted size established by Table 1 of this section, absent an approved variance from the Zoning Hearing Officer.
b.
Notwithstanding the maximum permitted size of accessory structures, in no case shall an accessory structure be larger in size (square footage) than the base floor area of the primary structure on the same lot.
c.
Notwithstanding the base floor area of the primary structure on the lot, a Single Family and One- and Two-Family dwelling lot may be permitted to have a single detached garage or covered carport of a maximum size of 24' x 24' or five hundred seventy-six (576) square feet.
d.
A storage building, or shed, or other incidental accessory structure which is two hundred (200) square feet or larger in size may be considered a garage or carport and may be subject to the same requirements, standards, and restrictions as established herein for detached garages and covered carports, at the discretion of the City.
[3.]
Lot Coverage. Notwithstanding the maximum permitted size of a garage or carport, the garage or carport shall adhere to the appropriate lot coverage restrictions of the underlying zoning district and Section 17.060.040.—Accessory use development and operational standards.
[4.]
Maximum Structure Height. In no event shall the height of any accessory structure be greater than twenty-five (25) feet or the height of the principal structure on the same lot, whichever is less.
a.
Height shall be as measured from the finished grade to highest point of the structure. However, when the ground of upon which an accessory structure is to be located exhibits varying topography, the height may be measured from the average grade to the highest point of the structure.
[5.]
Yard Regulations. Accessory structures shall be subject to the same setback requirements as the primary structure, and applicable regulations of Section 17.060.040.—Accessory Use Development and Operational Standards, except as follows:
a.
When a detached garage or covered carport is accessed from an alley, the rear yard setback shall be no less than four (4) feet from the rear property line. Side yard setback requirements shall apply regardless of means of access.
D.
Design Regulations. In addition to the applicable design regulations of the underlying zoning district and Section 17.060.040.—Accessory Use Development and Operational Standards, accessory structures shall be in compliance with the following regulations, except as otherwise provided in the "UCD" Uptown Collinsville District:
1.
Detached Garages and Covered Carports. The design, construction, building material(s) and color of detached garages and covered carports shall be similar to or compatible with the design and construction of the primary structure as follows:
a.
Roof pitch shall be constructed at a similar pitch as the majority of the roof pitch on the principal structure.
b.
Any new construction, expansion, new placement, or relocation of a detached garage or covered carport shall require the construction of an approved driveway surface leading to the detached garage or covered carport. Such driveway surfaces shall be subject to the requirements and procedures of Section 17.070[080]—Off-street Parking/Loading Regulations.
c.
Building materials shall be consistent with and complimentary to the principal structure, with primary emphasis on street-facing facades.
d.
The following shall be strictly prohibited:
i.
All types of metal shall be prohibited as a building material for detached garages and covered carports.
(a)
Exceptions. The use of metal as a building material for detached garages and covered carports shall be expressly limited as follows:
(i)
"High-ribbed" metal roofing panels, of such design as to be durable, all-weather, rust-resistant and have a minimum of ¾" (inch) rib heights with ribs spaced on center, shall be allowed as an acceptable roofing material.
(ii)
Ornamental accent materials; trim elements; soffit and fascia; gutters and downspouts; and other similar accent and functional elements may be allowed as acceptable metal building materials.
ii.
Prefabricated metal garages and carports.
iii.
Railroad cars, cargo containers, truck trailers, shipping/moving and other transitory-type containers.
2.
Storage Buildings, Sheds, and Other Incidental Accessory Structures. The design, construction, building material(s) and color of storage buildings, sheds, and other incidental accessory structures shall be similar to or compatible with the design and construction of the primary structure as follows:
a.
The following shall be strictly prohibited:
i.
All types of metal shall be prohibited as a building material for storage buildings, sheds, and other incidental accessory structures.
(a)
Exceptions. The use of metal as a building material for storage buildings, sheds, and other incidental accessory structures shall be expressly limited as follows:
(i)
"High-ribbed" metal roofing panels, of such design as to be durable, all-weather, rust-resistant and have a minimum of ¾" (inch) rib heights with ribs spaced on center, shall be allowed as an acceptable roofing material.
(ii)
Ornamental accent materials; trim elements; soffit and fascia; gutters and downspouts; and other similar accent and functional elements may be allowed as acceptable metal building materials.
(iii)
Pergolas, gazebos, arbors, patio canopies, freestanding solar panels, greenhouses, and other similar incidental accessory structures, at the discretion of the City, consisting of metal columns or framing supporting a metal roofing grid of beams and rafters being fifty (50) percent or more transparent, or a roof constructed of permitted high-ribbed metal roofing panels, or a roof constructed primarily of glass and similar transparent roofing material, or a roof constructed of fire-resistant canvas and similar durable fabrics, or a wooden roof, or a shingled roof; and metals having power-coated or other rust-resistant finish; and being of such design as to be unenclosed may be allowed as an acceptable design.
ii.
Prefabricated metal storage buildings, sheds, and other incidental accessory structures.
iii.
Railroad cars, cargo containers, truck trailers, shipping/moving and other transitory-type containers.
E.
Exemptions. The following accessory uses and structures shall be exempt from this section and shall be subject to the requirements and procedures of the Zoning Ordinance as follows:
1.
Accessory structures shall not be used as a dwelling or dwelling unit except as provided in Section 17.060.080—Guest House, Accessory Use.
2.
Accessory chicken coops and beehives shall be subject to the requirements and procedures of Section 17.060.250—Animals and Beekeeping.
3.
Accessory structures on nonresidential properties shall be subject to the requirements and procedures of Section 17.060.260—Development Guidelines, Nonresidential Uses in All Districts.
4.
Accessory structures on multifamily residential properties shall be subject to the requirements and procedures of the underlying zoning district regulations, Section 17.050.140—Multifamily Design Guidelines, and Section 17.120— Site Plan Review.
(Zoning Ord. 2009, § 17.060.060; Ord. No. 4599, § 1(E), 4-22-2013; Ord. No. 4750, § 2, 9-24-2014; Ord. No. 21-27, § 1, 4-13-2021)
Off-street parking areas may be permitted on land not more than three hundred (300) feet from the lot containing the principal use, provided the following standards are met:
A.
The Director of Community Development may administratively approve accessory, use off-street parking areas where the land, upon which the parking area is to be located, has a nonresidential zoning designation, subject to the parking area satisfying all setback, buffering, screening, etc. regulations otherwise required in the district in which it is located; and the layout and design requirements for off-street parking contained in Section 17.070. The Director of Community Development, at his discretion, may refer such requests to the Planning Commission for their review and approval.
B.
The Planning Commission may approve accessory use, off-street parking areas where the land, upon which the parking area is to be located, has a residential zoning designation, subject to the following:
1.
Parking shall not be permitted in any required or established front yard, except where unusual conditions warrant the use of the front yard for proper development of the parking facility and where the use of such front yard will not adversely affect the character of the neighborhood;
2.
No parking shall be permitted within six (6) feet of the rear or side lot line(s);
3.
The parking area, including all internal aisles and drives, shall otherwise satisfy layout and design requirements for off-street parking contained in Section 17.070.;
4.
The use of the parking area for any use or purpose than the parking of motor vehicles shall be prohibited;
5.
No lighting shall adversely affect residences, to the satisfaction of the Planning Commission;
6.
The planting and maintaining of shrubs, borders or fences, or any combination thereof shall be required to screen, to the satisfaction of the Planning Commission, the area from nearby residences; and
7.
The City Council shall be vested the power of review over for all accessory off-street parking areas where the land upon which the parking area is to be located, has a residential zoning designation.
(Ord. No. 18-2, § 1, 1-8-2018)
A home occupation is permitted as an accessory use, subject to first obtaining a business license, if required, and administrative approval by the Community Development Director. It is the purpose and intent of these requirements to:
•
Maintain neighborhood integrity and preserve the residential character of neighborhoods by encouraging compatible land uses;
•
Provide residents of the City with an option to utilize their residences as places to enhance or fulfill personal economic goals as long as the choice of home occupations does not infringe on the residential rights of neighbors;
•
Establish criteria for operating home occupations in dwelling units within residential districts; and
•
Ensure that public and private services such as streets, sewers, water or utility systems are not burdened by home occupations to the extent that usage significantly exceeds that which is normally associated with a residence.
A.
Restrictions and limitations: Home occupations are permitted in all residential districts subject to compliance with the following provisions as determined by the Community Development Director. The Community Development Director may, on a case-by-case basis, required the applicant to apply for a special use permit in accordance with the procedures set forth in Section 17.100.
1.
The home occupation shall be incidental and subordinate to the principal residential use of the premises. A home occupation shall be entirely contained within the interior of an approved structure on the site and no more than twenty-five (25) percent of the floor area of any one (1) floor of a dwelling unit shall be utilized for a home occupation.
2.
No visible evidence of the business shall be apparent from the street or the surrounding area including, but not limited to a prohibition on signs, attention getting devices, and displays.
3.
All materials or equipment used in the home occupation shall be stored within an enclosed structure.
4.
No alteration of the exterior of the principal residential structure shall be made which changes the character thereof as a dwelling.
5.
No person shall be engaged in such home occupation other than a person occupying such dwelling unit as his residence.
6.
No equipment shall be utilized, nor shall any activity related to the home occupation occur, that creates a nuisance due to noise, odor, emissions or electrical interference.
7.
No parking in the public rights-of-way shall result from the home occupation.
8.
No traffic shall be generated by the activity of the home occupation that is abnormal to a residential neighborhood. A home occupation shall not generate more than five (5) business-related visitations per day, consisting of five (5) arrivals and five (5) departures by vehicles.
9.
There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods, or equipment by other than a passenger motor vehicle or parcel or letter carrier mail service using vehicles typically employed in residential deliveries. No home occupation shall be allowed that requires deliveries or parking that unduly disturbs the normal neighborhood traffic flow.
10.
A home occupation shall not create noise, dust or dirt, heat, smoke, odors, vibration or glare or bright lighting in excess of that created by a single residential dwelling. The storage of combustible or toxic substances shall not be permitted on site, except for personal use associated with household cleaning or maintenance. A home occupation shall not create interference with, or fluctuations of, radio or television transmissions.
11.
Except as provided below, no manufacturing or retail or wholesale sales shall take place on the premises, no stock in trade shall be displayed or sold on the premises, and any production on the premises shall be confined to that normally associated with a residence.
Exceptions:
a)
Cottage food operations, as allowed by Illinois statute, home crafts, and visual arts production may be permitted, provided operations are otherwise consistent with this chapter.
b)
Internet or mail-order sales may be permitted, provided the activity generated by package and mail delivery service visitations are consistent with residential neighborhood traffic patterns as defined in this section.
12.
No commercial vehicles, as defined in Section 17.020.020, shall be parked on the premises per Section 17.070.080.
13.
The parking or storage of trailers, as defined in Section 17.020.020, associated with the home occupation shall be accessed by a driveway and upon a dust-free surface located so as not to be visible from the public right-of-way.
14.
No nonresident employees can report to the premises.
15.
The home occupation shall not require any upgraded utility service capacity beyond that which is customary for residential service. Separate utility meters, which serve only the home occupation, shall not be permitted.
16.
No deliveries may originate from or be made to the premises except during the hours of 8:00 a.m. to 9:00 p.m.
17.
If the home occupation is to be conducted in a rental unit, a written statement from the property owner giving his or her permission for operation of the home occupation shall be provided to the City.
B.
Special use permit. A home occupation that does not comply with these provisions shall not be operated without first being issued a special use permit in accordance with the procedures set forth in Section 17.100.
C.
Particular home occupations prohibited: Permitted home occupations shall not include the following:
1.
Antiques, retail.
2.
Funeral services.
3.
Groceries, retail.
4.
Secondhand merchandise, retail.
5.
Equipment rental.
6.
Automobile and other motor vehicle repair services.
7.
Physicians.
8.
Dentists.
9.
Chiropractors.
10.
Restaurants.
11.
Stables, kennels, veterinary clinics, or animal hospitals.
12.
Tourist homes or short-term rental accommodations.
13.
Renting of trailers or related equipment.
15.
Bars, taverns, clubs, or other uses related to cigarette sales, alcohol sales, or other age restricted uses.
Exception: Otherwise prohibited professional or personal care service-oriented home occupations may be permitted provided all such services occur off-premises and any business-related activity occurring at the licensed location of the home occupation is limited to administrative or clerical tasks (e.g. scheduling, bookkeeping, etc.).
(Zoning Ord. 2009, § 17.060.070; Ord. No. 18-60, § 1, 6-25-2018; Ord. No. 23-107, § 1, 9-26-2023)
Sidewalk dining shall be allowed on public property as an accessory use in specifically designated zones only, subject to first obtaining a sidewalk dining permit from the City, according to the following restrictions, limitations and standards.
A.
Restrictions and limitations. Sidewalk dining shall be permitted on public sidewalks in the Uptown Area only, at food and other service and hospitality establishments subject to the following provisions:
1.
The sidewalk dining area shall be located immediately adjacent to the establishment and be contained within the area directly fronting the establishment, except in the case of a corner location in which case both street frontages may be used for the purposes of sidewalk dining, as approved on the design plan.
2.
Sidewalk dining areas shall not intrude into clear zones at corners, or interfere with curbs, ramps or driveways. Clear zones shall be maintained in as follows:
a)
A six-foot clear zone (three (3) feet of decorative brick and three (3) feet of pedestrian walkway) shall be maintained at all times, measured from the edge of the curb to the boundary of the sidewalk dining area. This clear zone shall not be encroached upon in any way, including signage, planters, trees, decorative elements or other obstructions.
b)
A vertical ground clearance area of at least seven (7) feet shall be maintained at all times. Umbrellas and other overhead obstructions must not encroach into this area.
3.
Sidewalk dining areas shall not interfere with ingress/egress to any building, nor block access to any fire hydrant, fire escape, stairwell or balcony.
4.
Sidewalk dining areas shall be required to be enclosed with a pedestrian barrier(s). No furniture shall extend beyond or outside the limits of barrier, and all business-related activity shall be restricted to the inside of the barrier. Barriers shall adhere to the following guidelines:
a)
Shall be between thirty (30) inches and thirty-six (36) inches in height;
b)
Shall be of sufficient weight so they cannot tip or be blown over;
c)
Shall be made of durable material and properly secured to the sidewalk consistent with the method prescribed by the City Engineer and located on file in the Department of Community Development;
d)
Shall not obstruct the sight distance of vehicular traffic;
e)
Shall not have legs or supports that project beyond the limits of the sidewalk dining area or into the right-of-way or create a tripping hazard to patrons.
5.
The sidewalk dining season shall commence on March 1 and conclude on December 25, from 6:00 a.m. to midnight every day, subject to the following conditions:
a)
All sidewalk dining area furniture and other related objects including the pedestrian barrier shall be removed and stored during the off season.
b)
No heaters or other electrical devices shall be permitted.
c)
Sidewalks shall include access pathways to and from the sidewalk dining area, be kept clear of snow, ice and other weather related hazards at all times.
d)
Special permission may be granted by the Community Development Director during the off season in cases of sidewalk festivals or other community events and activities.
e)
The Community Development Director may also temporarily revoke the sidewalk dining permit, and require the removal of all sidewalk dining area furniture and other related objects including the pedestrian barrier, during festivals or other community events and activities.
6.
The sidewalk dining area shall be kept clean and free of litter and debris at all times. At least one (1) completely enclosed trash receptacle shall be placed no more than six (6) inches from the face of the building located within the sidewalk dining area.
7.
No preparation, storage or display of food shall be allowed within the sidewalk dining area.
8.
Alcoholic beverages may be permitted to be served within the confines of the sidewalk dining area subject to the following conditions:
a)
The establishment shall be required to serve a full lunch and/or dinner menu;
b)
Full compliance with Title 5, Chapter 5.08, Liquor Code, of the Collinsville Municipal Code;
c)
No alcoholic beverages shall be removed from the premises, or allowed outside the designated sidewalk dining area.
9.
No loudspeakers or announcement systems shall be permitted in the sidewalk dining area. Music or other sounds emitting from the establishment shall be kept at a manageable level, so as not to unduly disturb neighboring residents.
10.
Sidewalk dining areas shall not be permitted to utilize an "arcade" type design approach, and shall not permit the expansion of any building or structure into the public rights-of-way.
B.
Standards. The following standards shall apply to the material, design, and maintenance of sidewalk dining furniture, barriers, landscaping and decorative elements:
1.
Material standards: High quality materials shall be used in order to maintain a pleasing environment and an enjoyable sidewalk dining experience. Furniture and fixtures shall be consistent with and complementary to the overall character of the Uptown Area, with emphasis on the City's Streetscape design.
a)
Furniture: Cast iron, wrought iron, expanded steel, wire steel, cast aluminum, and extruded aluminum shall be permitted materials, provided the pieces are of substantial weight and quality to ensure the safety of patrons and an attractive impression. Glass inserts or glass tables are prohibited for safety reasons. Resin furniture is specifically prohibited.
b)
Umbrellas: Umbrellas shall be of stable construction, of flame-retardant color-fast fabric. Advertising on umbrellas and their use for the purposes of signage is prohibited. Umbrellas shall possess standard safety features such as heavy gauge ribs, a minimum one-and-one-half-inch diameter anodized aluminum poles, and a positive brake on the cranklift. Umbrellas shall complement other furniture in style and design, and shall match in color to the extent necessary to assure a high-quality appearance.
2.
Maintenance standards: Once established, sidewalk dining areas shall be continually and consistently maintained to preserve the level of quality as initially submitted and approved by the Community Development Director. The following minimum maintenance standards shall be required:
a)
The sidewalk dining area, and the surrounding area, shall be kept free from debris, litter, and other refuse at all times. Dishes, cans, bottles and other containers shall be immediately removed and not left to gather on tables.
b)
All furniture and fixtures, including tables, chairs, umbrellas, pedestrian barriers and decorative elements shall be kept clean and in good repair. Broken or damaged pieces shall be safely and securely repaired or replaced immediately. Repairs shall be sufficient to maintain the current level of quality, and replacements shall be of the same or similar design, color, quality and material. Replacement with pieces that do not meet the same quality and design standards shall be subject to the review and approval of the Community Development Director.
C.
Permit required. A sidewalk dining permit shall be required before any establishment may create or use the sidewalk for the purposes of sidewalk dining, and must be renewed annually prior to the March 1 opening season date. Application forms shall be available at City Hall, and shall include, but not be limited to, the following information:
1.
Name, address and phone number of establishment.
2.
Name and phone number of contact person responsible for the sidewalk dining area.
3.
Design plan as follows:
a)
Accurate depiction of property lines and dimensions, all adjoining public rights-of-ways (including sidewalks), the location and dimensions of all existing structures (primary and accessory), and setback dimensions (measured from the curb to the structure);
b)
Depict ingress/egress to business and sidewalk dining area;
c)
Depict sidewalk width from face of building to curb, with six-foot clear zone labeled;
d)
The designated area to be used for sidewalk dining purposes, clearly marked with measurements and dimensions;
e)
Depict all surface obstacles and obstructions, such as fire hydrants, trees, permanent decorative fixtures, etc.;
f)
Depict the number and placement of tables, chairs, umbrellas and other fixtures, with the dimensions and product information of each piece shown;
g)
Depict placement, dimensions and product information of pedestrian barriers.
Permits shall be issued by the Community Development Director, and may be referred to the City's Planning Commission for approval, on a case-by-case basis, at the discretion of the Community Development Director.
D.
Liability insurance. Once approval is obtained, said permit shall not be issued until the applicant provides, at their sole cost and expense, evidence of public liability insurance and comprehensive property damage insurance, including the City of Collinsville as an additional insured and insuring the City against any liability resulting from the use permitted herewith. The coverage shall be not less than one million dollars ($1,000,000.00) per occurrence or accident resulting in bodily injury to or death of a person(s).
E.
Inspections. The City may conduct inspections at any time to ensure compliance with the provisions of these regulations. Failure to comply with the provisions contained herein within forty-eight (48) hours may result in the revocation, suspension, and/or non-renewal of the permit issued.
(Zoning Ord. 2009, § 17.060.075; Ord. No. 4448, § 1, 10-11-2011)
Sidewalk sales and displays of merchandise or signage shall be allowed on public property within the uptown area, as an accessory use, subject to first obtaining a Sidewalk Sales and Display Permit from the City, according to the following restrictions, limitations and standards.
A.
Sidewalk sales area and display of merchandise.
1.
The applicant must be an existing, licensed or registered business within the City of Collinsville and in good standing with the City, County, and State.
2.
The merchandise displayed must be merchandise from the licensed/registered retail business. Outside vendors are not permitted.
3.
The area devoted to merchandise display/sales on the public sidewalk shall be immediately adjacent to its current operated retail business within the uptown area.
4.
A minimum of three (3) foot wide passageway shall be left accessible for pedestrians. No merchandise shall be displayed within six (6) feet of the curb line of the street.
5.
The sidewalk sale or display shall be conducted in such a manner as not to create a nuisance, sight visibility for traffic and pedestrians or a fire hazard.
6.
All merchandise displayed or offered for sale shall be displayed in a secure manner so as not to threaten the safety of any pedestrians.
7.
No tobacco products, vape products, cannabis paraphernalia, alcohol, or similar products shall be permitted to be displayed, sold, or sampled on public sidewalks through this permit.
8.
Temporary sidewalk merchandise display/sales shall be permitted during any City-approved public event in the uptown area. Outside of City-approved events, temporary sidewalk displays/sales shall be permitted up to four (4) times per year. Business owners must obtain a sidewalk display/sales permit for all such outdoor sales or display of merchandise before the use is permitted. The approved permit shall be valid only for a consecutive seven (7) day period applied for during a calendar year.
9.
Such merchant shall provide evidence of public liability insurance and comprehensive property damage insurance including the City and its employees as an additional insured and insuring the City against any liability resulting from the uses permitted herewith. The coverage shall not be less than one million dollars ($1,000,000.00) per occurrence or accident resulting in bodily injury to or death of a person.
10.
All merchandise sold in conjunction with a sidewalk sales and display event shall be subject to all applicable taxes and shall be reported with sales occurring within the retail establishment.
11.
A permit fee as per Title 4 - fees and fines accompanied by a completed application must be submitted by the participating merchant.
B.
Signage displays on sidewalk.
1.
One (1) freestanding, double faced A-frame sign shall be permitted to display on the public sidewalk per business in the uptown area.
2.
Sign shall not exceed six (6) square feet per side, three (3) feet in height and two (2) feet in width.
3.
Sign must be located no more than fifteen (15) feet from the entrance of the associated business and not located in front of any other business.
4.
Sign shall not impede the normal and orderly flow of pedestrian traffic and shall not obstruct the accessible route. No signage shall be displayed within six (6) feet of the curb line of the street. A clear passage of at least three (3) feet between the sign, building or any obstruction on the sidewalk shall be maintained.
5.
Sign shall be removed each day at close of business and shall only be displayed during open hours for the business.
6.
Owner shall provide evidence of public liability insurance and comprehensive property damage insurance including the City and its employees as an additional insured and insuring the City against any liability resulting from the uses permitted herewith. The coverage shall not be less than one million dollars ($1,000,000.00) per occurrence or accident resulting in bodily injury to or death of a person.
7.
A permit fee as per Title 4 - fees and fines accompanied by a completed application must be submitted by the participating merchant.
(Ord. No. 25-60, § 1, 4-22-2025)
A guest house as an accessory use in a residential district shall comply with the following:
A.
The guest house must be an accessory use to a single-family detached dwelling on the lot.
B.
The guest house must meet the electrical, plumbing and building codes for single-family housing.
C.
A guest house shall be permitted only on a lot having over ten thousand (10,000) square feet of area.
D.
The guest house must be placed to the rear of the main house and at least twenty (20) feet away from the main house.
E.
No more than one guest house may be located on any lot.
F.
The building floor area of the guest house may not exceed fifty (50) percent of the floor area of the main building or one thousand (1,000) square feet, whichever is less.
(Zoning Ord. 2009, § 17.060.080)
Outdoor swimming pools, spas and hot tubs are permitted as accessory uses, provided the following procedures and standards are met:
A.
All outdoor swimming pools, spas and hot tubs shall require a building permit.
B.
Swimming pool is any structure intended for swimming or recreational bathing that contains water over twenty-four (24) inches deep. This includes in-ground, above-ground and on-ground swimming pools, hot tubs, portable and non-portable spas, and fixed-in-place wading pools.
C.
Plans for outdoor swimming pools shall be submitted to the Building Official or his designated agent for review and approval prior to issuance of permits. Said review shall be based upon compliance with the following standards: the need for screening to protect the privacy of neighboring property; compatibility of any lighting; safety and prevention of damage to adjacent property by surface water runoff. The preceding standards shall be the minimum requirement, and the Building Official may deny a building permit and refer an applicant to the Planning Commission where the Planning Commission may require additional screening or other measures deemed necessary to preserve property values and personal safety.
D.
Each swimming pool shall be completely enclosed by a wall or fence or other permanent enclosure at least four (4) feet in height. This enclosure shall be provided with self-closing gates equipped with a self-latching device, which must be kept locked when the pool is unattended. Such enclosures shall be not less than thirty (30) feet from the front lot line, and not less than fifteen (15) feet from the side street line in the case of a corner lot, except on reverse corner lots whereupon side setbacks shall be based upon the adjoining front yard setback. The enclosure may be located on the interior side lot line and the rear lot line, subject to any easements, but the edge of the swimming pool shall be not less than ten (10) feet from any such interior side or rear lot line and not less than twenty (20) feet from a residence on an adjoining lot.
E.
If a pool is located on or surrounded by a deck, or is within five (5) feet of a deck, the setback for the deck shall also apply to the pool.
F.
In lieu of the fence or permanent enclosure, spas and hot tubs shall be equipped with a safety cover. Said safety cover shall be classified under WBAH and have been evaluated to the American Society for Testing and Materials (ASTM) Standard F1346, Standard Performance Specifications of Safety Covers or equivalent. Each safety cover shall bear the classification marking "UL," the word "Classified," a control number, and the product name or equivalent.
G.
Swimming pools shall not be built in front of front building lines.
H.
Swimming pools shall be so designed that the surface water will be carried to the public street or storm drainage system on the owner's property, or by underground pipe to the public street or storm drainage system, or if across other ownerships, copies of written consent must be provided to the Community Development Director. Swimming pools shall not be drained at any time which may cause icing or other hazardous street conditions.
(Zoning Ord. 2009, § 17.060.090)
Outdoor Material and Equipment Storage (Commercial). Within the HP1, BP1, BP2, BP3, BP4, CP1 and CP2 Districts, any refuse or dumpsters must be screened and totally enclosed prohibiting visibility from the street or neighboring property and be compatible in material and color with the principal structure on the lot. For all commercial or industrial districts, the following regulations shall apply, and
A.
Except as otherwise permitted by these regulations or during permitted construction on any tract, all exterior storage of equipment, raw materials or finished products shall be fully screened from the view of adjacent parcels and streets by a sight-proof fence at least six (6) feet in height.
B.
Screening and enclosure required for permitted outdoor storage shall be by means of a fence, wall or berm, in combination with landscaping, designed to create a minimum of seventy-five (75) percent opacity. Crates, boxes, trailers or other temporary storage facilities shall not be considered appropriate screening materials. Outdoor storage shall not interfere with the required and/or approved operation of the site, including, but not limited to, traffic circulation, parking, open space or aesthetics.
C.
The permitted display of merchandise for sale to the public shall be restricted to a maximum of twenty-five (25) percent of the area of either the front, side or rear yard exclusive of any area of required setback. In no case shall merchandise for sale be displayed in any required set back, or interfere with pedestrian or vehicular access or parking.
D.
Outdoor storage in an open yard shall be screened so that the materials stored are not clearly visible within one thousand (1,000) feet of the property line. Where topographic conditions make effective screening impractical, the Zoning Hearing Officer may make variances as they deem advisable.
Recreational Vehicles and Equipment Storage (Residential). The storage of recreational vehicles and other recreational equipment such as boats, boat trailers, camping trailers, converted buses or trucks, flatbed and enclosed trailers, shall be allowed as an accessory use provided the following performance standards are adhered to:
A.
Said storage shall be limited to private garages, driveways, and side or rear yards of private homes on a permanent dust free surface of asphalt or concrete; however, required off street parking spaces shall not be utilized for the storage of recreational vehicles/equipment.
B.
Stored vehicles or equipment shall not protrude onto public property or obstruct any sidewalks.
C.
Stored vehicles more than eight (8) feet wide and twenty-five (25) feet long shall be prohibited in all residential districts.
D.
Stored vehicles and equipment shall be owned by the occupant of the principal dwelling; the leasing out or loaning whether for payment or not of such storage space in order to store vehicles or equipment belonging to someone other than the occupant of the principal dwelling is prohibited.
E.
Stored recreational vehicles or equipment shall not be used for living or sleeping purposes while stored on the premises for a period exceeding fourteen (14) days in any calendar year.
(Zoning Ord. 2009, § 17.060.100; Ord. No. 4599, § 1(F), 4-22-2013; Ord. No. 4750, § 2, 9-24-2014; Ord. No. 16-90, § 3, 11-28-2016)
Editor's note— Ord. No. 4599, § 1(F), adopted April 22, 2013, changed the title of § 17.060.100 from "Outdoor material and equipment storage" to "Outdoor storage—Accessory use". This historical notation has been preserved for reference purposes.
A.
Except on properties within the "M-1" Industrial District or as specifically authorized in this chapter, or by special use permit, or by planned district ordinance, or as delineated on an approved site plan, or as part of an authorized festival or event, all permitted uses shall be conducted wholly within an enclosed building except that accessory off-street parking and loading spaces, vehicle storage, urban transit systems, farming, and those permitted principal uses that, by their manner occur outdoors, as determined by the Director of Community Development, may be within open areas provided they meet all other applicable provisions of this chapter.
B.
Appeal of the Director of Community Development's Determination. In the event of a disagreement between the applicant and the Director, such disagreement shall be submitted to the Planning Commission, which shall make the decision on such disagreement, provided the applicant shall also have the right to appeal such decision pursuant to Section 17.130, Zoning Hearing Officer, of the Zoning Ordinance and to pursue any other available legal or equitable remedy.
(Ord. No. 18-2, § 1, 1-8-2018)
The minimum yard requirements established in all districts shall be adjusted in the following cases:
A.
Where the property fronts on two (2) intersecting streets (a corner lot), such lot shall maintain a front yard setback on both streets, except in the following cases:
1.
Where no lots within the same block front on one of the two (2) intersecting streets, the side yard requirement along such street shall be fifteen (15) feet.
2.
Double frontage lots shall maintain the required front yard setback along both frontages.
B.
Where more than half of the buildings on a frontage have observed a front yard greater than required then:
1.
Where a building to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of adjacent buildings on the two (2) sides; or
2.
Where a building to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.
(Zoning Ord. 2009, § 17.060.110)
The structure setback line shall be determined by measuring the horizontal distance between the property line and the vertical plane of the furthest architectural projection of the existing or proposed structure; except that certain architectural projections listed below may extend beyond the structure setback line, subject to the following conditions:
A.
Projections shall be defined as: Any structural or nonstructural portion or appendage attached to the main structure which by design protrudes outward beyond the structure floor, wall, roof or foundation line. Projections include, but are not limited to:
1.
Roof eaves.
2.
Cornices.
3.
Porches.
4.
Stairs.
5.
Bay and egress windows.
6.
Dormers.
7.
Combustible or noncombustible ornamentation.
8.
Soffits.
9.
Balconies.
B.
Exception for canopies and awnings. A canopy or awning may be permitted to overhang a public way in any business zoning or industrial zoning district providing:
1.
No portion of the canopy or awning shall be less than eight (8) feet above the level of the sidewalk or other public way.
2.
The canopy or awning may extend the full width of the building facade to which it is attached, and further, it shall not extend beyond a point two (2) feet inside the curbline of a public street.
(Zoning Ord. 2009, § 17.060.120)
Except in a Planned District, no more than one principal use and structure shall be located upon a lot or tract.
(Zoning Ord. 2009, § 17.060.130)
Chimneys, cooling towers, elevator head houses, fire towers, grain elevators, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers, spires, church steeples, and necessary mechanical appurtenances, usually required to be placed above the roof level and not intended for human occupancy, are not subject to the height limitations contained in the District Regulations. In all planned districts, one additional foot of height above the specified height limitation shall be permitted for each foot of additional yard provided over the minimum requirement on all sides of the lot.
(Zoning Ord. 2009, § 17.060.140)
A corner lot in any district shall conform to the requirements of the sight triangle as defined in Section 17.020.020.
(Zoning Ord. 2009, § 17.060.150)
No land that is located in a residential district shall be used for a driveway, walkway or access to any land which is located in any commercial or industrial district.
(Zoning Ord. 2009, § 17.060.160)
All streets and associated right-of-way improvements shall comply with the City's Subdivision Regulations and the City's Infrastructure Design Manual.
(Zoning Ord. 2009, § 17.060.170; Ord. No. 24-196, § 1, 12-10-2024)
When developing in an established neighborhood containing larger lots than proposed, the proposed lot sizes should best represent existing neighborhood lot sizes and densities adjacent to existing development, and transition to smaller lots sizes located within the interior of the plat.
(Zoning Ord. 2009, § 17.060.180)
It is the intent of this section to provide for the appropriate location, use, design and compositions of open space areas provided to meet the requirements or incentives of the City's Vision 20/11 Comprehensive Plan. As such, the standards prescribed by this section shall be applicable to all residential developments greater than five (5) acres with a density of eight (8) dwelling units per acre or more.
The percentage of open space shall generally meet the following minimum standards:
The Commission or Governing Body may require more (or less) open space in accordance with this section depending upon the specific site characteristics, type of development and the availability of open space or park land near the development.
Common open space provided in a subdivision and conveyed to a property owners association (private open space) or to the City (public open space) shall remain permanently open for recreational and conservational purposes. Open space, whether such areas are or will be public or private, in any residential subdivision shall be laid out, to the maximum feasible extent, so as to connect with other open space, existing or proposed, in the vicinity. In the case of two (2) or more adjacent subdivisions, developers may cooperatively allocate open space areas, if such areas are coordinated in design and location to an extent acceptable to the Governing Body.
A.
Private open space. Private open space that is held in common shall be set aside for the benefit, use, and enjoyment of the subdivision lot owners, present and future. All private, common open space, including recreation areas, tree cover areas, scenic vistas, wildlife or plant preserves, nature study areas, and private walkways, whose acreage is used in determining the size and extent of common open space shall be included in restrictive covenants, easements, or other legal devices designated to assure that such space will remain permanently open.
B.
Permitted open space uses. The following uses are permitted in open space land areas (public or private);
1.
Conservation of open land in its natural state (for example, woodland fallow field, or managed meadow).
2.
Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreation uses. Motorized off-road vehicles, rifle ranges and other uses similar in character and potential impact are specifically excluded.
3.
Active noncommercial recreation areas, such as ball fields, playgrounds, courts, and bikeways, provided such areas do not consume more than half of the minimum required open space land or five (5) acres, whichever is less. Ball fields, playgrounds, and courts shall not be located within one hundred (100) feet of abutting properties and shall not be illuminated for activity after dark. Parking facilities for the same shall also be permitted and shall generally be gravel-surfaced, properly drained, provide safe ingress and egress, and contain no more than ten parking spaces.
4.
Golf courses may comprise up to seventy-five (75) percent of the minimum required open space land, but shall not include commercial driving ranges or miniature golf. Not more than ten (10) percent of the remaining open space land may be wetland, submerged, or used for stormwater management. Golf course parking area and any associated structures shall not be included within the minimum open space requirement.
C.
Open space design standards. The following standards shall be adhered to in the design of open space and greenway areas;
1.
All open space areas shall have a minimum dimension of thirty (30) feet and contain at least 3,000 square feet of contiguous area. A minimum dimension of no less than ten (10) feet shall be permitted for pedestrian facilities that connect to open space areas within the site.
2.
Open space shall be laid out in general accordance with the open space, greenway and riparian networks.
3.
Long, narrow strips of open space are discouraged, except where designated to protect linear sources such as streets or trails or to provide connections between larger open space areas.
4.
Fragmentation of open space into isolated unlinked pieces is discouraged, except to provide neighborhood parks and common areas.
5.
Dedicated open space land shall generally remain undivided and shall be owned and maintained by a homeowners' association, land trust, another conservation organization recognized by the municipality. However, in no case shall less than twenty-five (25) percent of the property be available for the common use and passive enjoyment of the subdivision residents.
6.
The open space shall include land dedications for public recreational use as outlined by the City's subdivision regulations.
7.
Where the proposed development adjoins public parkland, a natural open space buffer of at least fifty (50) feet shall be provided within the development along its common boundary with the parkland, which no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted (except as may be necessary for street or trail construction)
(Zoning Ord. 2009, § 17.060.190)
A.
Park land or fees in lieu of open space. In order to meet the recreational needs of the residents of Collinsville, all subdivision developments may be required to contribute either park land or fees in lieu of open space. Where a school, neighborhood park, recreation area, or bikeway or pedestrian corridor is shown on the Future Land Use Plan of the Comprehensive Plan, in whole or in part in the applicant's proposed subdivision, the Governing Body may require the dedication or reservation of such open space within the proposed subdivision for school, park, recreation, or other public purpose. Private open space shall not be credited as public open space.
B.
Amount of park/recreational area required. A minimum of four (4) percent of the gross area of any subdivision shall be reserved for parks, recreation or playground sites.
C.
Fee calculations. Park land/fee dedications shall be calculated during the preliminary plat process as specified in these regulations; and dedicated with the final plat. The Governing Body shall determine whether the park land offer should be accepted, accepted with conditions, or if the offer should be declined and a payment of funds in lieu of park land dedication. Dedication of land for park use must be reflected and dedicated as such on the final plat.
D.
Quality of park required to be dedicated. A park land dedication area shall consist of useable land suitable for park development and shall not be located in any of the following areas within a development.
1.
Deep ravines.
2.
Densely wooded areas.
3.
Areas where the average slope of the entire park/recreational area
4.
Exceeds five (5) percent.
5.
Wetlands as determined by the U.S. Corps of Engineers.
6.
Floodways as determined by the regulations and guidelines of FEMA.
7.
Other areas that are not conducive to park/recreational areas as determined by the Planning Commission.
8.
The total amount for park/recreational area should be more than one-half (½) acre in size.
E.
Fee in lieu of park land dedication. In order to determine the contribution amount to be paid by the developer in lieu of park land dedication the amount of land required to be dedicated shall first be determined. Based upon the amount of park land required to be dedicated, the developer shall hire and pay for a licensed real estate appraiser to determine the fair market value of the land area that would otherwise be required to be dedicated. The value established by the real estate appraiser shall then be verified and upon approval of the City Council paid to the City in lieu of the park land dedication. The fee in lieu of park land dedication shall be placed in an escrow account established by the City and shall only be used for park and recreational purposes.
F.
Park fee contribution in lieu of land dedication is due and payable at time of issuance of a building permit. Park fees on multiple buildings shall be paid in advance or at time of individual building permit issuance.
(Zoning Ord. 2009, § 17.060.200)
A.
Intent and purpose. Cluster subdivisions may be allowed in all residential zones as a planned use. The purpose of the cluster subdivision is to allow diversification in the relationship of residential uses to their sites and permit more flexibility of site design. This will allow the developer to more closely tailor a development project to respond to the conservation of natural resources and/or a specific user group, such as retired persons.
B.
Cluster designation. The residential single-family "Cluster" designation is intended to accommodate individual dwelling units located upon a single lot. Generally the same overall density is maintained, however, cluster lots may be reduced in size and street frontage requirements in order to retain open space or preserve environmentally sensitive areas. These regulations have been adopted to provide for reduced or eliminated setbacks, and in some areas common wall construction, where desired in order to provide flexibility and promote a more desirable living environment.
C.
Detached designation. Planned single-family "detached" developments are intended to accommodate unattached, individual dwelling units located upon a single lot or parcel. The detached designation is generally reserved for those areas of the City which are currently developed in this fashion and in other areas best suited for this type of development.
D.
Minimum cluster performance criteria. The cluster subdivision option may be utilized if all of the following parameters that may apply are satisfied:
1.
The proposed design addresses any special conditions, prerequisite considerations or significant environmental elements identified in the Comprehensive Plan.
2.
The proposed design is compatible with the existing topography and preserves natural resources such as mature trees, or wooded areas, significant wetlands, streams, riparian areas and wildlife habitat.
3.
Connecting links between existing parks and open space are provided along streams, ridgelines, ravines, riparian areas, hillsides, and wooded areas whenever possible.
4.
Thirty-five (35) percent of the total site area shall be set aside as open space. The open space must be totally landscaped, agricultural or recreation area.
5.
The development shall be in single or corporate ownership at the time of application or the subject of an application filed jointly by all owners of the property.
6.
The Community Development Director or Governing Body shall require that the arrangement of structures and open spaces are developed in such a manner to assure that adjacent properties will not be adversely affected.
7.
The density of dwellings in a cluster subdivision shall not exceed that allowed by the zone in which a project is located, except when a bonus density is approved through the approval process. For purposes of this section, density is calculated by discounting twenty (20) percent of the property as that which would be dedicated as public street right-of-way in a conventional subdivision design and dividing the remaining square footage by the minimum lot size of the zone.
8.
All open space around or adjacent to building lots shall be landscaped by the developer and maintained through a lawfully organized home owner's association.
9.
Preservation, maintenance and ownership of common open space within the development shall be accomplished by either deeding the open space to the City of Collinsville or by granting to the City of Collinsville a permanent open space easement on and over the said open space to guarantee that the open space remains perpetually open for its intended use, or by recording the forfeiture of development rights for the identified open space. The ownership and maintenance of the open space shall be accomplished by private ownership, home owner's association, or through the City as determined by the City Council.
10.
The location, size and general footprint of all dwellings and other main buildings shall be shown on the plans submitted for review.
11.
Landscaping, fencing, and other improvement plans for the common open space shall be presented to the Community Development Director and/or Governing Body for approval together with other required plans for development. The estimated cost of these improvements shall be provided to the City together with the improvement plans and after approval by the City Engineer shall be included in bonding requirements for the development.
E.
Minimum design criteria.
1.
Minimum lot area: four thousand (4,000) square feet per dwelling unit.
2.
Minimum lot width: forty (40) feet detached, thirty (30) feet attached.
3.
Minimum lot depth: sixty (60) feet.
4.
Front yard setback: fifteen (15) feet.
5.
Side yard setback: ten (10) feet detached, zero (0) feet attached (only on common property line).
6.
Rear yard setback: fifteen (15) feet.
Lot area, width and depth requirement are for one hundred (100) percent usable area. Larger lot area may be required if portions of the lot are unusable.
F.
Area. All lots shall contain the necessary area to provide required parking, buildable area with appropriate setbacks, and private usable space. Setbacks shall be determined prior to final approval of the plat. Parking shall be provided in accordance with Section 17.070. Additional public parking areas may be required as determined by the Planning Commission.
(Zoning Ord. 2009, § 17.060.210)
The purpose of this section is to set forth regulations for seasonal merchants operating on private property.
The purpose of this section is to set forth regulations for seasonal merchants operating on private property.
A.
Intent. It is the intent of this section to:
1.
Permit limited seasonal sales of food, produce, and other seasonal items offered on a temporary basis as authorized by this section within the City of Collinsville.
2.
Permit limited temporary uses that are associated with and accessory to the primary use of the property and are in place for only short periods of time and require no permanent structures (exclusive of transient merchants as prohibited in Section 5.70.030).
3.
Maintain neighborhood character by limiting the location and extent of seasonal sales of food, produce, and other seasonal items offered on a temporary basis as authorized by this section.
4.
Protect the rights of private property owners and businesses.
5.
Protect the health, safety and general welfare of the general and traveling public.
B.
Scope. These regulations shall apply to all seasonal merchants engaged in the sale of seasonal food, produce, and other seasonal items, and temporary uses as authorized by this section operating on private property within the City of Collinsville and its corporate limits.
C.
Licensing. Seasonal sales merchants shall be subject to the licensing and application requirements of Chapter 5.04, Business License Generally, of the Municipal Code.
D.
Location and extent.
1.
Seasonal merchants and temporary uses shall be permitted on private property throughout the City, regardless of zoning district. However, in no case, shall a seasonal merchant or temporary use operate or be located within or upon:
a.
Properties which are currently unoccupied with a primary user.
b.
Properties developed with single-family or multi-family residential dwellings.
c.
Designated fire lanes or "no parking" zones.
d.
Landscaped areas of the property including lawn and other softscaped areas.
2.
The location and extent of seasonal merchants or temporary uses, including all appurtenances and other related items, shall be subject to the review and approval of the Community Development Director on an annual basis, based upon the submittal and review of a simple site plan package containing at least the following:
a.
All property lines.
b.
Limits and size of the area being occupied by the seasonal sales or temporary use.
c.
Number of parking stalls for the entire site.
d.
Number of parking stalls being used by the seasonal sales or temporary use.
e.
Number of parking stalls remaining available to the primary user of the property.
f.
Location, size, dimensions and renderings of all proposed signage and appurtenances, including, but not limited to, tents, canopies, trailers, inflatable devices, tables, chairs, and awnings.
g.
Color elevations and renderings or photographs including all relevant dimensions of the temporary structure, tent, canopy, cart or trailer.
h.
Utility plan indicating how utilities will be supplied to the site.
i.
Duration and operational plan for the proposed seasonal or temporary use including, but not limited to, start and end date of the seasonal use as well as the operating days of the week and hours of the day.
j.
Copy of relevant licenses, permits, and certifications for the requested seasonal or temporary use, including, but not limited to, the approved county health department license.
k.
Copy of manufacturer documentation and/or calculations demonstrating the anchoring system to be utilized to demonstrate safety of tents, canopies, inflatable devices, or other structures or devices; and that such device does not wave, flutter or move back and forth or up and down.
3.
In determining the appropriateness of the location and extent, the Community Development Director shall consider the following:
a.
Sufficient on-site parking to accommodate both the primary use and the seasonal merchant or temporary use.
b.
Sufficient on-site circulation for both vehicles and pedestrians as related to both the primary use and the seasonal merchant or temporary use.
c.
Potential adverse impacts on the public right-of-way and/or adjoining properties.
d.
Overall safety of the site, including location of tables, chairs and appurtenances as they relate to the safety of customers and other site users.
e.
Community Development Director reserves the right to deny application when an applicant has demonstrated substantial failure in meeting the performance standards associated with the application or other similar applications.
E.
Drive-through facilities prohibited. Drive-through facilities shall be prohibited in conjunction with seasonal merchants or temporary uses.
F.
Signs. Signs shall be limited to:
1.
Those attached, affixed, or applied to the structure, tent, vehicle, trailer, or cart.
2.
Price/product information signs (price tags) shall be permitted, provided they are sized in the context of a typical retail operation and intended for the readability of shoppers within close proximity, not for advertising purposes directed to the public right-of-way.
3.
No freestanding signs shall be permitted.
4.
No signs contained in section 17.930.160, General Prohibitions, of the zoning regulations shall be permitted.
G.
Appurtenances and other items.
1.
Canopies, awnings, or umbrellas attached to the truck, trailer, or cart shall be permitted.
2.
Tables, chairs, tents, canopies, inflatable devices, and other displays shall be permitted, provided they are delineated on the approved simple site plan and are located within the span of control of the seasonal or temporary use, and that they are arranged in such a manner as to promote the safety of customers and other site users.
3.
Tents, canopies, inflatable devices, and other temporary structures shall pose no unusual fire or other hazard, and shall have received all safety and other inspections and approvals required by State or local law in order to be operated or utilized.
4.
The use of any sound system shall be controlled so as not to become a nuisance to adjacent properties.
H.
Maintenance.
1.
The area in and around the seasonal merchant or temporary use shall be kept clean and orderly consistent with the most currently adopted codes and ordinances.
2.
A trash receptacle shall be provided. The merchant is responsible to clean up all trash, litter, spills, etc., within a minimum fifty-foot radius of the immediate seasonal sales facility or temporary use.
I.
Code compliance. Seasonal merchants and temporary uses shall comply with all pertinent City, Federal, State of Illinois, and Madison or St. Clair County requirements.
J.
Facilities. No portable restroom facilities shall be included or permitted associated with any seasonal sales or temporary use in the City, except when associated with an authorized circus or carnival, or as directed by the City.
K.
Cart, trailer, or other portable and temporary structure code compliance. Any temporary structure, cart or trailer utilized as part of any seasonal sales use must be licensed and certified as roadworthy by the appropriate licensing body if mobile, or shall meet generally the code requirements of all relevant jurisdictions. Temporary structures with floor areas in excess of one hundred twenty (120) square feet shall require a building permit.
L.
Regulations for all seasonal merchants and temporary uses operating on private property.
1.
Types. Seasonal merchants and temporary uses operating on private property shall be limited to:
a.
Christmas tree, pumpkin, or plant sales.
1)
Christmas tree, pumpkin, or plant sales for a period not to exceed sixty (60) calendar days.
2)
Display of Christmas trees, pumpkins, or plants need not comply with the yard and setback requirements of these regulations, provided that no trees, pumpkins, or plants shall be displayed within thirty (30) feet of the curb line of any public street.
b.
Contractor's office. Contractor's office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project and to continue only during the duration of said construction project.
c.
Real estate office. Real estate office (containing no sleeping or cooking accommodations) incidental and accessory to a new housing development of at least ten (10) lots shall be permitted for a period not to exceed two (2) years or upon the issuance of seventy-five (75) percent of the building permits, whichever occurs first. The City Council may approve an extension not to exceed twelve (12) months.
d.
Carnivals and circuses.
1)
Limited to one (1) occurrence, for a period that does not exceed fourteen (14) calendar days, per calendar year.
2)
Such use need not comply with the front yard requirements, provided that structures or equipment which might block the view of operators of motor vehicles on the public streets shall conform to the requirements of the sight triangle as defined by these regulations and be no closer than thirty (30) feet of the curb line of any public street.
3)
Carnivals and circuses must coordinate their activities with the Collinsville Police Department and any other relevant public safety providers or any other relevant jurisdictional entities to ensure adequate safety and security of the event.
e.
Yard or other sales on residential premises. The display of personal property for the purpose of exchanging it for legal tender or barter at a property utilized for residential purposes not otherwise designated for the sale or exchange of merchandise. shall be permitted per Section 5.20, Yard or Other Sales on Residential Premises, of the Collinsville Municipal Code.
f.
Seasonal produce or food vehicles, trailers, or carts.
1)
Duration. Seasonal produce or food vehicles, trailers, or carts shall be permitted between April 1 and November 1 each year.
2)
At the end of the seasonal operation of the use, the seasonal use shall be removed from the site, including, but not limited to, the vehicle, structure, cart, trailer, signage, canopies, awnings, tables, chairs and all appurtenances.
3)
Hours of operation. The seasonal produce or food vehicle, trailer, or cart shall not operate, park, or otherwise be located upon a property beyond the hours of operation of the primary establishment on that property or for a period of time exceeding twelve (12) hours, whichever is less.
g.
Mobile food vehicles, trailers, or carts.
1)
Duration. The mobile food vehicle, trailer, or cart may operate year-round provided that all appropriate local, county, state and federal regulatory approvals have been obtained by the owner/operator.
2)
Hours of operation. The mobile food vehicle, trailer, or cart shall not operate, park, or otherwise be located upon a property beyond the hours of operation of the primary establishment on that property or twelve (12) hours per day, whichever is less.
3)
Limitation. The mobile food vehicle, trailer or cart shall not conduct business at a stationary location for a duration exceeding three (3) hours per day.
4)
Location regulations.
a)
No mobile food vendor shall locate on any private property without written permission to do so and must comply if asked to leave by the property owner or City official. A copy of the written permission to operate in a specific location signed by the private property owner shall be kept within the mobile vending unit at all times.
b)
No person shall distribute, deposit, place, throw, scatter, or cast any commercial handbill in or upon any motor vehicle.
c)
No person shall distribute, deposit, place, throw, scatter, or cast any commercial handbill upon any premises if requested by the property owner or City official not to do so or if there is placed near or at the entrance thereof a sign bearing the words "no advertisement".
5)
Signs. Signs shall be limited to those attached, affixed, or applied to the mobile food vehicle or cart.
6)
Appurtenances and other items.
a)
Canopies, awnings, or umbrellas attached to the vehicle or cart shall be permitted.
b)
Tables, chairs, or other customer seating shall not be permitted in conjunction with a mobile food vehicle or cart.
h.
Sidewalk/parking lot sales and grand opening events.
1)
Duration. Shall not exceed three (3) consecutive days four (4) times per calendar year.
2)
Hours of operation. Shall not exceed that of the primary use.
3)
Location.
a)
Temporary uses shall be located within the span of control of the primary use, and shall be specifically prohibited from being located on public rights-of-way.
b)
Shall maintain clearances consistent with the Illinois Accessibility Code.
4)
Prohibited activities. Any mechanical work, repair, or similar activity shall be expressly prohibited unless conducted entirely within a fully-enclosed permanent structure.
i.
Private events. Employee picnics or similar events not open to the public shall be permitted within any nonresidential zoning district or on any lot occupied by a church, school, or nonprofit organization, subject to the following:
1)
Duration. Shall not exceed one (1) day in length exclusive of set-up and removal of tents, canopies, signs, inflatable devices, etc.
2)
Shall be kept clean and orderly consistent with the most currently adopted codes and ordinances.
j.
Civic events. Activities sponsored by a church, school, or nonprofit organization, within any nonresidential zoning district or on the lot occupied by such organization, including, but not limited to fairs, festivals, community breakfasts/lunches/dinners, concerts, and collection drives involving such activities as bake, craft, or rummage sales, and car washes. Notwithstanding the foregoing, charity runs/walks and parades may occur on public rights-of-way and private streets so long as permission is granted from the owner of the right-of-way or private street.
1)
Duration. Shall not exceed three (3) consecutive days exclusive of set-up and removal of tents, canopies, signs, inflatable devices, etc.
2)
Frequency. No specific limit shall be placed the number of civic events that can be held on a particular property, however, the occurrence of such events shall not be of a frequency or number of days per calendar year that exceeds that of the principle use of the property.
k.
State of emergency or major storm event; outdoor temporary uses.
1)
When declared by the Mayor, during a State of Emergency or following a major storm event, where the Director determines it to be in the interest of the public good, he may permit outdoor temporary uses, including those not typically considered accessory to the primary use, for a period up to thirty (30) days with any extension of such authorization to require approval by the City Council, provided:
a)
Hours of operation. Shall not exceed that of the primary use.
b)
Location. Shall be located within the span of control of the primary use, and shall be specifically prohibited from being located on public rights-of-way.
c)
Shall maintain clearances consistent with the Illinois Accessibility Code.
M.
Rights of appeal. In the event of a disagreement regarding the Community Development Director's interpretation of these provisions, such disagreement shall be submitted to the Planning Commission for final decision on the requirement and/or the application.
N.
Enforcement. Penalties for noncompliance with the regulations contained in this section shall be in accordance with those established in Section 17.140, Violations and Penalties, of the zoning regulations.
O.
Revocation. The Director of Community Development may revoke a permit granted under this section under the following conditions:
1)
The permit was obtained by fraud or misrepresentation; or
2)
Signs, tents, canopies, inflatable devices, or other temporary structures are not being maintained in good condition and repair; or
3)
When the safety or general welfare of the community is determined to be at risk by the Chief of Police, City Engineer, or Fire Chief.
(Ord. No. 4714, § 2, 6-9-2014; Ord. No. 18-2, § 2, 1-8-2018; Ord. No. 18-103, § 1, 10-22-2018)
Editor's note— Ord. No. 4714, § 2, adopted June 9, 2014, amended § 17.060.220 in its entirety to read as set out herein. Former § 17.060.220 pertained to temporary uses permitted and derived from Zoning Ord. of 2009.
A.
Lighting of buildings. Well-designed lighting, having a color temperature no greater than four thousand (4,000)K, of the building exterior will be permitted, provided that the light source complements the architecture and shall not draw inordinate attention to the building.
B.
Parking area lighting. Parking lot, service areas, and roadway lighting will be provided by wall-mounted or freestanding fixtures with cut-off light sources to assure that the source is not seen from the street or adjacent parcels. The use of lighting with a color temperature no greater than five thousand (5,000)K, with a concealed source and cut-off design; with a height no taller than fifteen (15) feet tall in residential districts; no taller than twenty-five (25) feet tall in commercial districts or in office/business park districts; and no taller than thirty-two (32) feet tall in any industrial districts or manufacturing districts.
C.
Materials of lighting fixtures. The material and color of parking lot light standards will be evaluated in terms of compatibility with the architecture and natural site characteristics. All roadways shall be provided street lighting in accordance with the City's Infrastructure Design Manual.
D.
Underground utilities. All utilities shall be placed underground.
(Zoning Ord. 2009, § 17.060.230; Ord. No. 24-196, § 1, 12-10-2024)
All permitted uses in this City shall comply with all Federal and State environmental laws and regulations adopted there under, and with the following:
A.
Noise and vibrations. In dealing with possible noise impacts, the Development Park will be defined as Class B land, as defined under the State of Illinois Noise Pollution Control Regulations. Ground vibration at any Net Lot Line shall not exceed a peak velocity of 0.05 in/sec when measured at or below ground level. When construction activities are occurring near the Net Lot Lines, related ground vibration shall not exceed o.5 in/sec. This shall be adhered to during construction of buildings adjoining developed areas within the district.
B.
Odors and air emissions. Odors from any use shall not be discernible at any adjacent lot line. The values given in Table II (Odor Thresholds), Chapter 5, "Physiological Effects," in the "Air Pollution Abatement Manual," by the Manufacturing Chemists' Association, Inc., Washington, D.C. shall be used as standard in case of doubt concerning the character of odors emitted. In such case, the smallest value given in Table III shall be the maximum odor permitted. Particulates and all other emissions generated by a property owner's activities shall be licensed via the Prevention of Significant Deterioration (PSD) permit, if applicable by the Illinois Environmental Protection Agency. In any case, particulate emissions will be regulated in accordance with State and/or Federal law. No fugitive particulates from material piles including raw material, products, by-products, and waste piles will be allowed. Also no emissions containing hazardous wastes/materials as defined by RCRA and TOSCA or subsequent revisions of the Acts will be allowed from any source.
C.
Site drainage. Stormwater management shall be in accordance with the Title 18.04 and the City's Infrastructure Design Manual.
D.
Site hazards. Any operation shall be carried on with reasonable precautions against fire and explosion hazards. All areas inside and outside of a building shall conform to all current National Fire Protection Association (NFPA) fire and safety codes. Only minimum quantities of materials including raw materials, reagents, products, by-products and wastes will be stored on-site. Storage, handling, and use of hazardous and/or explosive materials will be in accordance with Illinois Environmental Protection Agency, U.S. Environmental Protection Agency, and Illinois Department of Mines and Minerals rules and regulations, if applicable.
E.
Radioactivity. Operations shall cause no dangerous radiation at any Net Lot Line or in any area where people outside Net Lot Lines could be expected as specified by the regulations of the United States Nuclear Regulatory Commission (NRC). The most current section of Title 10, Chapter 1, Part 20, Code of Federal Regulations, "Standards for Protection Against Radiation, "shall govern the use of radioactive materials. All sources of ionizing radiation will be licensed by either the NRC or the Illinois Department of Health.
F.
Electromagnetic radiation. Any electrical radiation shall not adversely affect at any point, any operations or any equipment other than those of the creator of the radiation. Avoidance of adverse effects from electrical radiation by appropriate single or mutual scheduling of operations is permitted.
G.
Site waste generation. All sewage and industrial waste shall be treated and disposed in such manner as to comply with the air emissions, solid and hazardous waste, and water quality standards applicable. Pretreatment of wastes on-site prior to sewer discharge will be subject to Community Development Director and/or City Engineer approval. Direct surface discharge of waste on-site will not be permitted. A pretreatment facility must be enclosed by structure.
H.
Building materials and disposal. No building materials which will create an exposure hazard to occupants of a facility in excess of Occupational Safety and Health Agency (OSHA) standards will be allowed. All waste and construction materials are to be collected and properly disposed. No waste construction materials are to be incorporated into the fill or a lot.
I.
Violations and accidental spills. All environmental violations including accidental spills are to be reported immediately upon detection to the appropriate agency. Each property owner is responsible for the cleanup and will copy the City Engineer on all correspondence sent or received which is relative to the violation/spill including cleanup. Cleanup plans are subject to review and approval by the City Engineer prior to implementation.
J.
Well-head protection zone. Under the Illinois Groundwater Protection Act, public and private drinking water supplies are protected from potential sources of groundwater contamination by use of setback zones. The purpose of the setback zone is to provide a buffer between the public water supply wells and potential contamination sources or routes. A minimum of a one thousand (1,000) foot setback from well-heads are required, until further investigation designates any potentially hazardous impacts due to particular land uses.
K.
Creeks, canals, and drainage facilities. No structures or accessory buildings shall be located within a flood hazard area unless otherwise authorized by the City Engineer and/or other designated authority.
(Zoning Ord. 2009, § 17.060.240; Ord. No. 24-196, § 1, 12-10-2024)
A.
Domestic animals. In all residential zoning districts, domestic animals may be kept by the occupant of a dwelling. No kennel may be established in a residential district.
B.
Farm animals. Farm animals may be kept in conjunction with a farming operation or stable. No stable or shed providing shelter for said animals shall be closer than two hundred (200) feet to the property line. In no case shall such animals be allowed on a lot of less than five (5) acres.
1.
Exception/chickens. Chickens may be kept in a residential setting, provided all restrictions and requirements of this section are observed accordingly.
a)
Permit required. A permit shall be obtained from the Department of Community Development prior to commencing the keeping of chickens.
1)
Subdivision covenants. The City makes no guarantee as to the legality of chickens or required accessory structures in subdivisions with active subdivision restrictions.
2)
Application for permit. Said permit application shall include all required information as determined by the Community Development Director and shall include, at a minimum, a detailed drawing depicting the yard, coop, run and fencing, including size, height, material and location of each.
3)
Transfer of permit. Permits are not transferrable, and shall not travel with the owner nor transfer to a new owner of the permitted location.
4)
Number of permits. Permits shall be limited to seventy-five (75) for the entirety of the City.
5)
Permit term. Said permit shall be valid for a period not to exceed three (3) years from the date of issuance.
6)
Permit fee. The permit fee shall be established in the Municipal Code under Title 4, Fees.
b)
Allowance. Chicken keeping shall be limited to owner-occupied single-family residential properties with the primary residential structure being detached, regardless of the official zoning district, per the following:
1)
Number. The minimum number of chickens shall be established at two (2); the maximum number of chickens shall be established at six (6). The total lot size shall be used to determine the maximum number of chickens permitted by location, based on one thousand five hundred (1,500) square feet per chicken. Lot size shall have no bearing on required "free range" or "run" area.
c)
Inspections. All residences shall be inspected upon application for permit, prior to issuance. Random inspections may be conducted at any time on an as-needed basis.
1)
Violations. Violations shall subject the permit holder to citation, fines, and penalties, including possible revocation of the permit.
d)
Location of chickens. The keeping of chickens shall be restricted to the rear yard; corner lots without sufficient rear yard space to meet the requirements of this section shall not be eligible for a permit.
1)
Containment. Chickens shall not be kept in any part of the residential structure, including the garage. Chickens shall not be allowed outside of the permitted rear yard area at any time. Permit holders whose chickens are found roaming shall be subject to citation, fines, and penalties, including possible revocation of the permit.
e)
Housing of chickens. Chickens shall be provided a weather- and predator-resistant ventilated coop with definable walls, floor, roof and securable door, per the following:
1)
Coop space. A minimum of four (4) square feet of space per chicken shall be required within the coop. Size of coop shall not exceed fifty (50) square feet and seven (7) feet in height. Coops shall be located a minimum of fifteen (15) feet from side and rear property lines and no less than twenty-five (25) feet from any adjacent residence. Chicken coops shall not count toward the maximum accessory structure limitations.
2)
Run space. Ten (10) square feet of "run" or "free range" space per chicken shall be required. Chickens kept in yards that are entirely fenced may be allowed free range within the permitted fenced in space. Yards that are not completely fenced shall require an additional chicken "run" whether a part of the coop or built separately. Runs shall be made of sturdy small gauge animal fencing such as chicken wire, and shall be covered with additional similar material or netting in a manner that helps prevent chickens from straying.
3)
Installation and maintenance. All coops and runs shall be installed in a sound workmanlike manner and shall be maintained in manner consistent with all adopted property maintenance codes of the City.
f)
Care of chickens. Fresh water shall be provided; feed shall be kept in predator/rodent and weatherproof containers; coops shall be maintained in a safe, clean and sanitary condition. Any manure or waste shall be collected and properly removed from the premises or tilled into the soil on a regular basis to prevent offensive odors or conditions conducive to the spread of disease. Nuisances shall be governed by Chapter 8.12, Nuisances, of the Municipal Code.
g)
Miscellaneous. Chickens may be kept for purely domestic purposes only; no slaughtering of chickens shall take place at the permitted location; no animals, eggs or by-products may be sold on the premises.
h)
Unpermitted chickens. Those currently keeping chickens shall have ninety (90) days to obtain the required permit. An extension may be granted at the discretion of the Community Development Director to allow time to comply with this section. Chickens in excess of maximums allowed shall be relocated within six (6) months of the date of approval of this section.
i)
Grandfathering of permits. Should the City Council take action to eliminate or cease the keeping of chickens at any time in the future, any permit holder approved under the provisions of this chapter shall be allowed to continue to keep the approved number of chickens, so long as the permit holder is otherwise in compliance with this section.
C.
Wild animals.
1.
No person shall own, possess, or have custody on his premises any wild animal for display, training, or exhibition purposes, whether gratuitously or for a fee.
2.
No person shall keep or permit to be kept any wild animal as a pet.
D.
Beekeeping. Bees may be kept in a single-family residential setting, provided all restrictions and requirements of this section are observed accordingly.
1.
State permit. A permit shall be obtained from the Illinois Department of Agriculture prior to commencing the keeping of bees and shall be renewed annually.
2.
City permit. A permit shall also be obtained from the City, valid for a period not to exceed three (3) years from the date of issuance.
3.
Expiration. If the permit holder's registration as a beekeeper with the Illinois Department of Agriculture expires or lapses and is not renewed for a period of more than sixty (60) days, any permit for beekeeping issued by the City shall likewise be deemed automatically revoked.
4.
Application. The permit application for the City shall at a minimum include a detailed drawing depicting the yard, property line location, hive location(s), and screening (if applicable) with size, height, material and location of each. Further information from an applicant may be requested by the City.
5.
Transfer of permit. Permits are not transferrable or assignable in that they shall not travel with the owner to a new site nor assign to a new owner of the permitted location.
6.
Permit fee. The permit fee shall be established in Title 4—Fees the Collinsville Municipal Code
7.
Allowance. Beekeeping shall be limited to single-family residential properties and shall be subject to the following:
a.
Number. The number of beehives per applicant is as follows:
i.
Any single-family property with a lot size of less than ten thousand (10,000) square feet may be allowed up to a maximum of three (3) hives per residence.
ii.
Any single-family property greater than ten thousand (10,000) square feet may be allowed up to a maximum of five (5) hives per residence.
iii.
Any single-family property with a lot size greater than one (1) acre may be allowed up to a maximum of seven (7) hives per residence, with one (1) additional hive per acre above one (1) acre.
iv.
One (1) nucleus colony is permitted in addition to any apiary per residence.
b.
Types of bees. Any species of Apis Mellifera (the common honeybee) or any genus of Osmia (mason bees) shall be allowed. Any other type of bee is not permitted.
c.
Water sources. Beekeepers shall ensure that a convenient and adequate source of fresh water is maintained on the owner's property within ten (10) feet of the hive at all times to mitigate bees from straying from the property in search of water. Examples of sources of water beekeepers can provide include:
i.
A faucet in the apiary that is left to drip steadily,
ii.
Entrance feeders (quart jars with holes in the lids) filled with water and placed on the colony(ies), or
iii.
A tub of water with wood floats to prevent the bees from drowning; however, if using tubs of water, beekeepers shall change the water periodically to avoid stagnation and mosquito breeding.
d.
Stacking of colonies. The stacking of colonies is prohibited; no apiary may have more than one (1) colony per beehive. No colony shall have more than one (1) queen.
8.
Location of hives. The keeping of apiaries shall be restricted to the rear yard.
a.
Containment. Bees shall not be kept in any part of the residential structure, including the garage.
b.
Housing of bees. All bee colonies shall be kept in inspectable type hives with removable combs, which shall be kept in found and usable condition.
c.
Location. Hives shall abide by the setbacks outlined in the Collinsville Zoning Code for Accessory use development and operational standards.
d.
Buffer around schools. No property immediately adjacent to a school building or playground may have any apiary unless said apiary is screened by natural vegetation; or has a six (6) foot solid fence enclosure; or other method as approved by the City.
9.
Nuisances. Any bee hive or beekeeper in violation of this chapter are hereby declared to be a public nuisance which may be abated in the manner prescribed by the Collinsville Municipal Code addressing nuisances, as revised and amended, and/or by injunctive relief by a court of competent jurisdiction.
10.
Inspections. All residences shall be inspected upon application for permit, prior to issuance. Inspections may be conducted at any time on an as-needed basis or in response to complaints.
11.
Violations. Violations shall subject the permit holder to citation, fines, and penalties, including possible revocation of the permit.
12.
Unpermitted bees. All apiaries or beehives in existence as of the effective date of this chapter shall have ninety (90) days to obtain the required permits. An extension may be granted at the discretion of the City to allow time to comply with this section.
13.
Grandfathering of permits. Should the City take action to eliminate or cease the keeping of bees at any time in the future, any permit holder approved under the provisions of this chapter shall be allowed to continue to keep the approved number of apiaries, so long as the permit holder is otherwise in compliance with this section.
14.
Illinois Bees and Apiaries Act. Any regulations not mentioned or required by the City is still subject to the Illinois Bees and Apiaries Act, as amended.
(Zoning Ord. 2009, § 17.060.250; Ord. No. 15-76, § 2, 11-23-2015; Ord. No. 19-60, § 1, 8-26-2019)
Residential composting practices are permitted as an accessory use in the "R-1" and "R-1A" Single Family Residential Districts provided the requirements of this section are met:
A.
Definitions.
1.
Compost means the humus-like product of the process of composting waste, which may be used as a soil conditioner.
2.
Composting means the biological treatment process by which microorganisms decompose the organic fraction of waste, producing compost.
3.
Compost material means solid wastes that are in the process of being composted.
4.
Compost bin means an enclosure with a minimum of three (3) sides, which contains the composting material.
B.
Regulation.
1.
All composting material shall be contained within a compost bin. No open piles are permitted.
2.
Compost bins shall not be debited against the two (2) maximum permitted accessory structures.
3.
Compost bins shall not exceed five (5) feet in height.
4.
In no event shall any composting activity be conducted in a manner which creates an odor, litter, dust or noise nuisance, or attracts vectors or pests.
5.
Operation shall not engage in commercial activity.
C.
Location.
1.
Compost bins shall be subject to the same accessory use and structure requirements as per Section 17.060.040.—Accessory use development and operational standards.
D.
Excluded materials.
1.
Materials that shall be excluded from composting practices include but are not limited to; construction or demolition debris, metal items, petroleum products, bones, fats, oils or other animal products, feces, or manure, except hen manure as permitted by Section 17.060.250.—Animals and beekeeping, or other materials that will cause odor or attract vectors or pests.
(Ord. No. 21-86, § 1, 10-26-2021)
A.
Purpose. The purpose of this section is to provide minimum standards for sustainable, interesting, and attractive building design.
B.
Scope. For zoning districts permitting nonresidential uses, all buildings shall meet the following minimum guidelines based on site plan review.
C.
Intent. It is the intent of the design regulations to:
1.
Create transitions and relationships among the adjacent developments and neighborhoods.
2.
Create value, identity and character within neighborhoods and districts through diverse architectural styles and variety of design details.
3.
Reduce monotony of design in single or multiple building projects and promote variation of detail, form, and site design to provide visual interest.
4.
Activate public streetscapes and other public or community spaces with pedestrian scale design elements.
5.
Avoid blank walls and long, uninterrupted facades along streets and other public or community spaces.
6.
Strengthen building character through the use of a variety of quality and sustainable building materials.
7.
Protect the privacy of residences adjacent to commercial or industrial uses.
8.
Protect adjacent residences from glare resulting in reflective materials.
9.
Ensure that rooflines present a distinct profile and appearance for the building.
10.
Ensure that the primary building entrance is easily identifiable and clearly visible from streets and sidewalks.
D.
Design Guidelines.
1.
Corner Visibility. On a corner lot nothing shall be constructed, erected, placed, planted, or allowed to grow in height in excess of thirty-six (36) inches above the established street grade of intersecting streets within the sight distance triangle. The height that an object is above the established street grade shall be established by measuring from the highest point of an object to a point on the top of curb or pavement edge that lies along the projection of a radial line from the center of the pavement curve through the object being measured.
2.
Façade Design.
i.
Any part of a rear or side façade that is visible from any street shall provide the same roof lines, building materials, and colors as the front façade.
ii.
Windows.
a.
On façades that front a street, windows shall comprise the following minimum percentages of the façade area between two (2) and ten (10) feet above grade:
1.
Office distribution and light industrial buildings—No less than twenty-five (25) percent.
2.
All other buildings—No less than forty (40) percent.
b.
Windows, if not opaque or translucent, shall be oriented in such a manner to preclude a direct line of sight into adjacent dwellings to the greatest extent possible.
c.
Multiple-paned windows shall be used to help create visual interest.
iii.
Massing. Within each one hundred (100) linear feet, including the first one hundred (100) linear feet, street facing facades shall contain at least two (2) differentiated massing elements. Other facades, except those containing service and loading areas, shall contain at least one (1) differentiated massing element within each one hundred (100) linear feet. Differentiated massing elements may include:
a.
Horizontal offsets such as projections and recesses.
b.
Vertical offsets such as varied rooflines.
c.
Varied upper story setbacks.
d.
Primary entrance features meeting the criteria of subsection Section 17.060.260.E.4. Primary entrance design.
iv.
Design features. Within each one hundred (100) linear feet of the building façade, at least three (3) different design features shall be provided. Industrial, manufacturing and distribution buildings, over 40,000 square feet, shall provide at least two (2) different design features every one hundred (100) linear feet of the building façade. Design features shall include:
a.
Belt courses of a different texture and/or color.
b.
Medallions.
c.
Columns.
d.
Pilasters.
e.
Trellis containing planting.
f.
Projecting cornice.
g.
Projecting metal canopy.
h.
Decorative tilework.
i.
Opaque or translucent glass.
j.
Artwork.
k.
Awnings.
l.
Similar architectural details, approved by the City, that meet the intent of this subsection.
3.
Building Materials.
i.
The exterior finish must include at least three (3) visible materials, including windows. The same material with a varying finish or treatment shall not meet this requirement.
ii.
The following materials are permitted:
a.
Primary materials (seventy-five (75) percent of façade or greater):
1.
Brick or tile masonry.
2.
Native stone or synthetic equivalent.
3.
Pre-cast masonry.
4.
Stucco or cementitious finish.
b.
Secondary materials (no greater than twenty-five (25) percent of façade):
1.
Siding (wood, composite, or HardiePlank).
2.
Curtain wall systems should only be used for limited areas, such as connections between buildings, entrance lobbies, etc.
3.
Concrete block (split face block only).
4.
Poured-in-place concrete: options in terms of formwork, pigments and aggregates should be explored to create rich surfaces.
5.
Accent materials (no greater than ten (10) percent of façade):
c.
Accent materials (no greater than ten (10) percent of façade):
1.
Gypsum reinforced fiber concrete (for trim elements only).
2.
Metal (for beams, lintels, trim elements, and ornamentation only).
3.
Split-faced block (only for piers, foundation walls and chimneys).
4.
Ceramic tile.
i.
Other high-quality and durable materials may be approved by the City, that meet the intent of this section.
ii.
Building surfaces shall not reflect light into residential areas or allow light from inside the building to intrude into residential areas.
iii.
The use of highly reflective or glossy materials or coatings should be limited to building accents only.
4.
Primary Entrance Design.
i.
The primary entrance to a building shall be oriented to an adjacent street, not including interstate highways. Said entrances shall be marked by:
a.
Ornamentation around the door; and
b.
At least one (1) of the following:
1.
Recessed entrance (recessed no more than three (3) feet).
2.
Protruding entrance (protruding at least three (3) feet).
3.
Canopy (extending at least five (5) feet).
4.
Portico (extending at least five (5) feet).
5.
Overhang (extending at least five (5) feet).
ii.
Buildings within the same project or development may be clustered so that their primary entrances face internal parks, open spaces, landscape infiltration areas, ponds and bioswales or trails in lieu of an adjacent street.
5.
Roof design. Flat roof lines must include parapet walls as a design feature or a distinct eave and cornice line.
E.
Situation and Screening of Functional Elements.
1.
Gutters and downspouts. Gutters and downspouts may be visible from the public view only if incorporated into the façade and/or roofline as a decorative architectural element.
2.
Mechanical equipment and service areas. External trash receptacles, recycling storage areas, external emergency generators, mechanical equipment, building mounted utilities, utility boxes, pumping stations, utility facilities, loading docks, receivable areas, and outdoor storage areas shall be screened from public view in accordance with the subsection Screening of Outdoor Storage, Mechanical Equipment, and Utilities.
i.
Screening of Outdoor Storage, Mechanical Equipment, and Utilities.
a.
Trash Receptacles, Dumpsters, and Recycling Areas.
1.
If visible from any public right-of way (ROW), screening shall consist of a minimum of six (6) foot-high sight-proof enclosure which meets the following requirements:
a.
Shall be constructed of durable materials that are visually compatible with the architecture of the main building.
b.
Materials may include wood, composite wood, vinyl, masonry, or stone and shall be subject to the review and approval of the City.
2.
If not visible form any public right-of-way, screening shall consist of a minimum six (6) foot-high enclosure which meets the following requirements:
a.
The enclosure shall be a minimum of seventy-five (75) percent opaque.
b.
Materials may include of wood, composite wood, vinyl, masonry, or stone.
b.
Mechanical Equipment and Emergency Generators.
1.
All emergency generators, rooftop mechanical equipment, HVAC, and other ground, wall and roof-mounted accessories (including satellite TV and electronic data dishes and antennae) shall be located to result in the minimum visual exposure to the public and private viewshed.
2.
If a building is situated such that emergency generators, mechanical equipment, or other accessories are visible from any public or private viewshed, all such equipment must be hidden from view to the maximum extent possible using an approved screening device that is integral to the character and function of the building.
3.
All external emergency generators adjacent to residential districts shall include sound buffering cabinets and enclosures which meet the following requirements:
a.
The maximum height of the screening enclosure shall be determined by the City.
b.
Criteria for heights over eight (8) feet shall include, but are not limited to:
i.
Quality of materials.
ii.
Compatibility with the principal structure.
iii.
Security.
iv.
Sound baffling.
F.
On-site Circulation.
1.
Emergency vehicle access. All developments shall be designed to facilitate entry of emergency vehicles onto the site without negotiating tight turns or requiring backing of said vehicles.
2.
Number and location of access points. All developments shall utilize the minimum number of access points to public streets necessary to serve the traffic generated by the proposed use. The primary access shall be provided off a collector or local street designed to serve the type of development proposed. Points of access shall not intersect directly with an arterial street unless adequate provision is made for storage of turning vehicles to minimize disruption of through traffic. Nodal development with limited access to serve several properties shall be required, rather than allowing each property access to a major street. Except where otherwise required by law, access points shall not be approved where alternative feasible means exist to reduce the number of access points or the impact on traffic congestion, safety, or circulation by permitting such access.
3.
Layout of internal driveways and aisles shall be designed to reduce the potential for traffic conflict and provide for maximum visibility, sight distance and safety. All through drives shall be defined utilizing landscaped median islands and stop signs shall be placed at all intersections of such drives with other through drives or public streets. For any driveway in excess of thirty (30) feet in width, channelization using medians may be required to control ingress and egress to the site.
4.
The layout of the parking area shall not result in an adverse impact on existing adjacent development.
5.
For any drive-in or drive-through facility, adequate stacking spaces shall be provided to ensure that vehicles waiting to be served do not interfere with ingress or egress to or from the site or required parking spaces.
6.
All developments shall connect to existing sidewalks and pedestrian pathway infrastructure whenever practicable to increase connectivity between existing development and the streetscape.
G.
Traffic management. All developments shall comply with the City's and/or Department of Transportation's access management standards and subdivision regulations. The City shall have the authority to permit the type, number, and location of all entrances, exits, and circulation patterns on any development site. The City may request documentation as necessary to determine the impact any future improvements may have on the City's transportation system. There are two (2) general levels of documentation that may be required, which include:
1.
Technical assessment letter. Each applicant for development shall be required to furnish the City with an assessment letter, prepared by a certified engineer, of any future traffic impacts, unless waived by the Director. The letter shall include, but is not limited to, the total trips generated during both the a.m. and p.m. peak periods and documentation that adequate stacking, queuing, and intersection spacing is provided.
2.
Traffic impact analysis. A traffic impact analysis is required when the development meets the requirements set by the City's Infrastructure Design Manual. All traffic studies shall be completed by a licensed engineer with Professional Traffic Operations Engineer certification according to the City's Infrastructure Design Manual. Access requirements shall follow the City's Infrastructure Design Manual. The licensed engineer performing the study shall be obligated to the City with the cost for the assessment to be paid by the developer. The developer of any property should expect, as a cost of development, to provide any traffic improvements necessary to maintain the existing level of service.
i.
Estimated trip generation and distribution from the proposed development. Institute of Transportation Engineers (ITE) trip generation rates or an actual trip generation survey of a comparable development should provide the estimate basis.
ii.
Capacity analysis of critical intersections affected by the development-generated traffic. The capacity analysis should be performed for existing traffic demand, traffic demand after completion of the development, and ultimate projected traffic demand. Base ultimate projected traffic volumes shall be provided by city staff. Capacity analysis shall be performed according to the criteria contained in the current edition of the Highway Capacity Manual, FHWA.
iii.
Recommendations for maintaining the existing level of service for each of the critical intersections; recommendations for projected traffic demand after the development is completed; and recommendations for ultimate projected traffic demand. These recommendations may include geometric improvements such as additional turn lanes or changes in traffic control and/or street widening. Level of service shall be defined as in the current edition of the Highway Capacity Manual.
iv.
Review of internal traffic circulation and curb cut locations.
v.
Percentage of contributory traffic by the development of total entering traffic at critical intersections.
vi.
The developer of any property should expect, as a cost of development, to provide any traffic improvements necessary to maintain the existing level of service.
(Zoning Ord. 2009, § 17.120.080; Ord. No. 4403, § 1, 2-28-2011; Ord. No. 20-77, § 1, 8-25-2020; Ord. No. 24-196, § 1, 12-10-2024)
Except as provided in Section 17.060.220, Seasonal and Temporary Uses permitted, temporary buildings/portable structures shall otherwise be permitted for temporary use for a period not to exceed one (1) year for business and manufacturing land uses, in non-residential zoning districts, where the principal building is made uninhabitable by fire, flood or other natural disaster or if a permit for remodeling or renovation or the like has been obtained. The temporary buildings/portable structure shall be located on the same tract or parcel of land where the disaster occurred. The Director of Community Development has the authority to extend the use of the portable building(s) for an additional six (6) months but not to exceed a maximum of eighteen (18) months duration of the use of portable building(s).
(Ord. No. 18-2, § 3, 1-8-2018)
A.
Purpose. The City of Collinsville finds that it is in the public interest to encourage the use and development of solar energy systems as a clean, renewable energy source and to help promote local, clean jobs. The purpose of this section is to facilitate the effective and efficient use of solar energy systems while protecting the public health, safety, and welfare of residents and the general public.
B.
Applicability.
1.
This section applies to new equipment and / or devices which convert sunlight into electricity through photovoltaic cells or panels (referred to hereafter as "solar energy systems".
2.
Roof-mounted solar energy systems are only subject to the regulations found under subheading C., general regulations for solar energy systems.
3.
Pre-existing solar energy systems with valid permits are not required to meet the requirements of this section, and if not in compliance with these regulations, shall be considered legal nonconforming structures and subject to all relevant regulations in Section 17.090.030 regarding the conditions of loss of legal nonconforming status.
C.
General regulations for all solar energy systems.
1.
Construction or installation of solar energy systems shall require review and approval of a building permit.
2.
Primary-use solar energy systems shall be permitted according to the City's Use Table, Section 17.050.010, under the permissibility for NAICS code 221114, Solar Electric Power Generation.
3.
Solar energy systems constructed on properties or structures with historic designation shall be subject to certificate of appropriateness standards/process as defined in Section 17.200, Historic Preservation.
4.
Solar energy systems shall not be constructed or operated in such a way as to project nuisance glare onto neighboring properties or within the public right-of-way.
5.
Site plan required. The applicant shall submit a detailed site plan for both existing and proposed conditions. This site plan shall show the locations of all of the following items:
a.
Solar energy systems with spacing between rows noted (if applicable).
b.
Other structures on the same lot and structures within fifty (50) feet of the nearest edge of a solar energy systems*.
c.
Nearest property lines, rights-of-way, and roads.
d.
Floodplains, wetlands, and other protected natural resources*.
e.
Site topography*.
f.
Electric equipment, including number and location of inverters, batteries, transformers, and method of grid interconnection.
g.
Horizontal solar energy systems elevations with total system height noted (at maximum system tilt, if applicable).
h.
Mounting and/or footing details attested to by a registered design professional.
i.
Equipment access lanes and / or roof setbacks (if roof-mounted).
j.
Groundcover species (if freestanding and on a lot of commercial use)*.
D.
Commercial solar energy systems. Freestanding solar energy systems located on properties of commercial use shall be subject to the following regulations:
1.
Groundcover and stormwater regulations.
a.
A horizontal bounding-box zone encompassing all freestanding photo-voltaic equipment (cells, arrays, panels, etc.) shall maintain a groundcover composed of native perennial grasses and an assortment of native wildflowers (minimum six (6) species).
b.
Groundcover areas and species shall be noted on the Site Plan.
c.
The City Engineer shall reserve the authority to subject some or all of the total area of the solar energy systems to impervious surface calculations within designated floodplain areas to conform to State and Federal floodplain management regulations.
d.
Exemption: Areas directly adjacent to inverters, transformers, batteries, or other energy storage/conveyance equipment or underneath solar energy system carports shall not be required to maintain native groundcover.
2.
Yard and layout regulations.
a.
Commercial solar energy systems shall maintain the following setbacks from adjacent property lines:
1.)
Front yard. Commercial solar energy systems may be constructed in front of the front building line of the primary structure, provided a twenty-five (25) foot front yard setback is maintained.
2.)
Side yard. Ten (10) feet.
3.)
Rear yard. Ten (10) feet.
4.)
Buffer. Solar energy systems shall maintain a minimum distance of five (5) feet from other structures on the same lot.
b.
Commercial solar energy systems shall maintain an aisle width between rows of panels, racks, or other equipment which meets or exceeds the horizontal ground width of the solar energy system panel rows when calculated at minimum vertical tilt.
c.
Exemption. Solar carports shall not be subject to yard and layout regulations, provided that they are constructed over a dedicated off-street parking area and any required landscaping which would be displaced shall be relocated or replaced elsewhere on the property.
3.
Screening of mechanical equipment. All non-photovoltaic mechanical equipment constructed on commercial lots is required to comply with Section 17060.260.E., Situation and Screening of Functional Elements.
E.
Residential solar energy systems. Freestanding solar energy systems located on properties of residential use shall be subject to the following regulations:
1.
Yard and layout regulations.
a.
Residential solar energy systems shall maintain the following setbacks from adjacent property lines:
1.)
Front yard. Solar energy systems for residential uses shall not be permitted in the front yard area (in front of the front building line of the primary structure).
2.)
Side yard. Five (5) feet.
3.)
Rear yard. Five (5) feet.
4.)
Buffer. Solar energy systems shall maintain a minimum distance of five (5) feet from other structures on the same lot.
b.
Residential solar energy systems shall maintain an aisle width between rows of panels, racks, or other equipment which meets or exceeds the horizontal ground width of the solar energy system panels calculated at minimum vertical tilt.
(Ord. No. 23-132, § 1, 11-28-2023)
Note— Site plan items marked with an * asterisk are not required for roof-mounted solar energy systems.
060 - SUPPLEMENTARY DISTRICT REGULATIONS
Accessory uses include uses and activities that are necessarily and customarily associated with, and appropriate, incidental, and subordinate to the principal uses allowed in the associated zoning district. Accessory uses and activities shall be subject to the same regulations as apply to principal uses in each district, unless otherwise stated in this section.
(Zoning Ord. 2009, § 17.060.010; Ord. No. 4599, § 1(A), 4-22-2013)
Residential uses include, but are not limited to, the following:
A.
Fences and walls (See Section 17.060.050).
B.
Garages and carports (See Section 17.060.060).
C.
Gardens for residential use.
D.
Home occupations (See Section 17.060.070).
E.
Playhouses, cabanas, gazebos, greenhouses, and incidental household storage buildings such as storage sheds, potting sheds, tool sheds, etc. (See Section 17.060.060).
F.
Radio and television receiving antennas and support structures (See Section 17.050.160).
G.
Recreational equipment storage such as boats, boat trailers, camping trailers, converted buses or trucks (See Section 17.060.100).
H.
Swimming pools, spas/hot tubs (See Section 17.060.090).
I.
Storm shelters and fallout shelters.
J.
Composting for residential use (See Section 17.060.255).
K.
Other necessary and customary uses determined by the Community Development Director to be appropriate, incidental, and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed by the Community Development Director to ensure land use compatibility.
(Zoning Ord. 2009, § 17.060.020; Ord. No. 4599, § 1(B), 4-22-2013; Ord. No. 21-86, § 1, 10-26-2021)
Nonresidential uses include, but are not limited to, the following:
A.
Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients, or visitors to the principal use.
B.
Dwelling units, other than manufactured homes, when used or intended to be used for security or maintenance personnel.
C.
Dwelling units, when located on the second story of a commercial structure located in the "B-2" District.
D.
Fences and walls, subject to Section 17.050.050.
E.
Gates and guard houses.
F.
Offices for allowed business and industrial uses when the office is located on the same site as the principal use.
G.
Parking garages and off-street parking areas (all vehicle use areas shall consist of dust-free surfaces).
H.
Radio and television receiving antennas and support structures, subject to Section 17.050.150.
I.
Restaurants, news stands, gift shops, swimming pools, tennis courts, clubs and lounges when in a permitted hotel, motel or office building.
J.
Sales of goods produced as a part of allowed industrial activities when on the same site as the principal industrial use;
K.
Recycling collection stations, subject to the provisions of Section 17.060.100, "Outdoor Storage".
L.
Sidewalk dining, subject to Section 17.060.075.
M.
Other necessary and customary uses determined by the Community Development Director to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standard imposed by the Community Development Director to ensure land use compatibility.
(Zoning Ord. 2009, § 17.060.030; Ord. No. 4599, § 1(C), 4-22-2013)
The following standards shall apply to all accessory uses and structures unless otherwise specifically provided:
A.
Residential accessory structures shall be setback a minimum of five (5) feet from the side and rear lot lines. Nonresidential accessory structures shall be subject to the same required setbacks as the primary structure, unless otherwise specifically allowed.
B.
No accessory structure shall be located closer to the front lot line than the principal structure.
C.
The minimum distance between structures on the same lot shall be five (5) feet.
D.
No accessory structure, other than a fence or wall, shall be located within any platted or recorded easement, or over any known utility.
E.
No accessory structure shall exceed the maximum height standards of the underlying district.
F.
No detached accessory structure shall cover more than ten (10) percent of the total lot area. Accessory buildings and structures shall be included in the calculation of total lot coverage, with the exception of porches, decks, patios, canopies, fire escapes, driveways, parking lots, sheds and swimming pools.
(Zoning Ord. 2009, § 17.060.040; Ord. No. 4599, § 1(D), 4-22-2013; Ord. No. 23-111, § 2, 10-10-2023)
Fences or walls constructed in all zoning districts in the City shall comply with the following regulations and design standards, except as otherwise specifically provided in other codes and regulations.
A.
General regulations. The following regulations shall apply to all fences or walls constructed in any district.
1.
Permitted fence materials. Permitted fence materials include decorative masonry, brick, stone, pre-cast concrete, rigid composite, treated or naturally resistant wood, vinyl, wrought iron, aluminum, square tubing and/or metal tubing, or similar material, as approved by the City, with the following exception(s):
a.
Vinyl or powder coated chain-link fencing is permitted in side or rear yards. If the property is a corner lot, vinyl or powder coated chain-link fencing is permitted to extend into the secondary front yard.
b.
Vinyl or powder coated chain-link fencing shall be standard post and frame construction. A top rail and knuckle selvage is required.
2.
Prohibited fence materials and types. Prohibited fencing materials include slats, mesh, tarps, cloth, canvas, wire or hazardous types of fencing that are equipped or designed with sharp points including barbed wire, electrically charged including barbed wire.
a.
Exception. Wire fence materials may be permitted in conjunction with an approved chicken keeping permit or as permitted by Section. 17.060.050.D. Wire Monitored Alarm System.
3.
A fence or wall shall be constructed with a finished side facing outward from the property. The posts and support beams shall be on the inside or shall be designed as an integral part of the finished surface.
4.
All fence segments abutting an arterial or collector street, except on corner lots, shall provide one (1) gate opening per lot.
5.
No fence or wall shall block access from any means of ingress or egress to a building or structure or restrict access to existing utility meter or emergency shut off. Fences shall be located at least two (2) feet from building walls or structures except where fences project from building wall or the structure.
6.
No fence or wall shall impede the sight distance triangle for any intersection of any public or private streets, alleys or points of access.
7.
Retaining walls. A retaining wall may be permitted where it is reasonably necessary due to the changes in slope on the site. Permitted retaining wall materials include poured concrete, concrete block, brick, masonry, and stone or similar material approved by the City.
8.
Maintenance. Fences and walls shall be maintained in good repair. Missing, damaged, defaced, rotting, or otherwise deteriorated fences or walls shall be repaired, replaced, or removed such that fences and walls are returned to a maintenance-free condition.
9.
Public utilities design standards. Fences or walls constructed to enclosed or screen public utilities shall comply with the design standards established herein for the underlying zoning district and shall also be subject to the requirements and procedures of Section 17.050.210, Utility Stations, Exchanges, Essential Services (Public Utilities).
B.
Residential fence regulations. The following regulations shall apply to fences constructed on all residential property.
1.
Front yard. A fence or wall exceeding four (4) feet in height may not be constructed in the front yard or in front of the established front building line. Fences within the front yard shall be fifty (50) percent or more transparent.
2.
Side and rear yard. A fence or wall exceeding six (6) feet in height may not be constructed in the side or rear yard.
a.
In the case of a corner lot or double frontage lot, whose side or rear yard abuts a street or public right-of-way, a fence not exceeding six (6) feet in height may be constructed on the side or rear property line, provided the fence does not cause a hazard for traffic, neighboring properties, and/or access points.
b.
Vinyl or powder coated chain-link fence shall not exceed four (4) feet in height.
3.
Front yard fences on large lots. A fence or wall may be constructed in the front yard or in front of the platted building line of large lots subject to all of the following criteria being satisfied:
a.
The property shall be located with the "R-1" or "R-1A" Single-Family Residential District;
b.
The property shall consist of a single lot of record that is equal to or greater than two (2) acres in area with a minimum width at the building line of one hundred fifty (150) feet;
c.
All building structures shall be located a minimum of seventy-five (75) feet from the street (as defined in Section 17.020.020.);
d.
The fence shall meet the minimum front yard setback requirement (i.e. twenty-five (25) feet);
e.
Gates for vehicular use shall meet the minimum front yard setback requirements, or be at least twenty-five (25) feet from the property line through which the driveway passes, and shall not open outwardly;
f.
The fence shall have a maximum height of six (6) feet excluding gates and columns, which shall not exceed eight (8) feet;
g.
Stone or masonry knee walls elements, exclusive of columns or stanchions, shall not represent more than forty (40) percent of the fence surface area or individual segment thereof;
h.
Fence shall provide a minimum of seventy (70) percent transparency of the total fence surface area exclusive of permitted stone or masonry elements;
i.
Gates shall be equipped to allow access by emergency responders as approved by the Police and Fire Departments.
j.
At the discretion of the City, applications for front yard fences on large lots, as excepted herein, may be referred to the Planning Commission for review.
C.
Commercial fence regulations.
1.
Front yard. A fence or wall constructed in the front yard of any commercial or industrial property may not exceed six (6) feet in height and must be a minimum of fifty (50) percent transparent.
2.
Side and rear yard. A fence or wall constructed in the side or rear yard of any commercial or industrial property shall not exceed six (6) feet in height.
3.
When a transition buffer is required, a fence or wall not to exceed eight (8) feet in height may be constructed on the rear or side property line, in accordance with Section 17.080.160.
4.
Fences or walls constructed to screen outdoor storage areas or outdoor equipment areas shall not exceed eight (8) feet in height and are subject to the requirements and procedures of Section 17.060.100, Outdoor Storage.
D.
Public and institutional regulations.
1.
Fences erected upon public or parochial school grounds or in public parks and in public playgrounds, may not be constructed of a height greater than four (4) feet in the front yard or six (6) feet elsewhere. Fences used for game courts or fields may exceed these height requirements as approved by the City.
E.
Exception; wire monitored alarm system. A wire fence for the purposes of alarmed security may be constructed on commercial, industrial, public and governmental properties, subject to each of the following criteria being satisfied:
1.
Wire alarm systems shall be subject to administrative review and approval by the Community Development Director or his/her designee.
2.
Fence shall be constructed behind/inside an approved fence, wall or barrier which meets all aforementioned requirements for fencing.
3.
Fence may be erected up to a maximum height of eight (8) feet.
4.
Fence may be connected to a power source but shall not be electrified in any manner which exhibits a shock when touched by human or animal.
5.
Wire shall be of a gauge that is not easily visible from public rights-of-way.
(Zoning Ord. 2009, § 17.060.050; Ord. No. 4750, § 2, 9-24-2014; Ord. No. 18-102, § 1, 10-22-2018; Ord. No. 22-17, § 1, 2-22-2022; Ord. No. 24-31, § 1, 2-27-2024)
A garage, carport or storage building shall be allowed as an accessory use on Single Family and One- and Two-Family residential dwelling lots and shall comply with the following performance standards and regulations:
A.
Building Permit Required. The appropriate building permit shall be obtained prior to the construction of any accessory structure.
B.
Definition. "Storage Building, Shed, and Other Incidental Accessory Structure" shall mean an accessory residential building or structure which is incidental and subordinate to the primary structure on the same lot, including but not limited to storage buildings, sheds, potting sheds, tool sheds, greenhouses, playground equipment/playhouses, pergolas, gazebos, arbors, and similar incidental accessory structures.
C.
Intensity of Use Regulations.
1.
Maximum Number of Accessory Structures. There shall be no more than two (2) accessory structures per Single Family and One- and Two-Family dwelling lots.
a.
The two maximum permitted accessory structures may consist of the following combinations of structures: two (2) detached garages or covered carports; or two (2) storage buildings, sheds, or other incidental accessory structures; or one (1) detached garage or covered carport structure, and one (1) storage building, shed, or other incidental accessory structure.
b.
Exemptions. The following accessory structures shall be exempt from the maximum number of accessory structures permitted:
i.
Playground equipment/playhouses, pergolas, gazebos, arbors, green houses, and similar incidental accessory structures, at the discretion of the City, provided that the structure is less than two hundred (200) square feet in size.
ii.
Freestanding solar panels.
2.
Maximum Permitted Size, Cumulative. Accessory structures shall comply with the cumulative maximum size limitations as established by Table 1.—Cumulative Maximum Permitted Size for Accessory Structures.
a.
Notwithstanding the maximum number of accessory structures permitted on a lot, the cumulative square footage of all accessory structures constructed on a lot shall not exceed the cumulative maximum permitted size established by Table 1 of this section, absent an approved variance from the Zoning Hearing Officer.
b.
Notwithstanding the maximum permitted size of accessory structures, in no case shall an accessory structure be larger in size (square footage) than the base floor area of the primary structure on the same lot.
c.
Notwithstanding the base floor area of the primary structure on the lot, a Single Family and One- and Two-Family dwelling lot may be permitted to have a single detached garage or covered carport of a maximum size of 24' x 24' or five hundred seventy-six (576) square feet.
d.
A storage building, or shed, or other incidental accessory structure which is two hundred (200) square feet or larger in size may be considered a garage or carport and may be subject to the same requirements, standards, and restrictions as established herein for detached garages and covered carports, at the discretion of the City.
[3.]
Lot Coverage. Notwithstanding the maximum permitted size of a garage or carport, the garage or carport shall adhere to the appropriate lot coverage restrictions of the underlying zoning district and Section 17.060.040.—Accessory use development and operational standards.
[4.]
Maximum Structure Height. In no event shall the height of any accessory structure be greater than twenty-five (25) feet or the height of the principal structure on the same lot, whichever is less.
a.
Height shall be as measured from the finished grade to highest point of the structure. However, when the ground of upon which an accessory structure is to be located exhibits varying topography, the height may be measured from the average grade to the highest point of the structure.
[5.]
Yard Regulations. Accessory structures shall be subject to the same setback requirements as the primary structure, and applicable regulations of Section 17.060.040.—Accessory Use Development and Operational Standards, except as follows:
a.
When a detached garage or covered carport is accessed from an alley, the rear yard setback shall be no less than four (4) feet from the rear property line. Side yard setback requirements shall apply regardless of means of access.
D.
Design Regulations. In addition to the applicable design regulations of the underlying zoning district and Section 17.060.040.—Accessory Use Development and Operational Standards, accessory structures shall be in compliance with the following regulations, except as otherwise provided in the "UCD" Uptown Collinsville District:
1.
Detached Garages and Covered Carports. The design, construction, building material(s) and color of detached garages and covered carports shall be similar to or compatible with the design and construction of the primary structure as follows:
a.
Roof pitch shall be constructed at a similar pitch as the majority of the roof pitch on the principal structure.
b.
Any new construction, expansion, new placement, or relocation of a detached garage or covered carport shall require the construction of an approved driveway surface leading to the detached garage or covered carport. Such driveway surfaces shall be subject to the requirements and procedures of Section 17.070[080]—Off-street Parking/Loading Regulations.
c.
Building materials shall be consistent with and complimentary to the principal structure, with primary emphasis on street-facing facades.
d.
The following shall be strictly prohibited:
i.
All types of metal shall be prohibited as a building material for detached garages and covered carports.
(a)
Exceptions. The use of metal as a building material for detached garages and covered carports shall be expressly limited as follows:
(i)
"High-ribbed" metal roofing panels, of such design as to be durable, all-weather, rust-resistant and have a minimum of ¾" (inch) rib heights with ribs spaced on center, shall be allowed as an acceptable roofing material.
(ii)
Ornamental accent materials; trim elements; soffit and fascia; gutters and downspouts; and other similar accent and functional elements may be allowed as acceptable metal building materials.
ii.
Prefabricated metal garages and carports.
iii.
Railroad cars, cargo containers, truck trailers, shipping/moving and other transitory-type containers.
2.
Storage Buildings, Sheds, and Other Incidental Accessory Structures. The design, construction, building material(s) and color of storage buildings, sheds, and other incidental accessory structures shall be similar to or compatible with the design and construction of the primary structure as follows:
a.
The following shall be strictly prohibited:
i.
All types of metal shall be prohibited as a building material for storage buildings, sheds, and other incidental accessory structures.
(a)
Exceptions. The use of metal as a building material for storage buildings, sheds, and other incidental accessory structures shall be expressly limited as follows:
(i)
"High-ribbed" metal roofing panels, of such design as to be durable, all-weather, rust-resistant and have a minimum of ¾" (inch) rib heights with ribs spaced on center, shall be allowed as an acceptable roofing material.
(ii)
Ornamental accent materials; trim elements; soffit and fascia; gutters and downspouts; and other similar accent and functional elements may be allowed as acceptable metal building materials.
(iii)
Pergolas, gazebos, arbors, patio canopies, freestanding solar panels, greenhouses, and other similar incidental accessory structures, at the discretion of the City, consisting of metal columns or framing supporting a metal roofing grid of beams and rafters being fifty (50) percent or more transparent, or a roof constructed of permitted high-ribbed metal roofing panels, or a roof constructed primarily of glass and similar transparent roofing material, or a roof constructed of fire-resistant canvas and similar durable fabrics, or a wooden roof, or a shingled roof; and metals having power-coated or other rust-resistant finish; and being of such design as to be unenclosed may be allowed as an acceptable design.
ii.
Prefabricated metal storage buildings, sheds, and other incidental accessory structures.
iii.
Railroad cars, cargo containers, truck trailers, shipping/moving and other transitory-type containers.
E.
Exemptions. The following accessory uses and structures shall be exempt from this section and shall be subject to the requirements and procedures of the Zoning Ordinance as follows:
1.
Accessory structures shall not be used as a dwelling or dwelling unit except as provided in Section 17.060.080—Guest House, Accessory Use.
2.
Accessory chicken coops and beehives shall be subject to the requirements and procedures of Section 17.060.250—Animals and Beekeeping.
3.
Accessory structures on nonresidential properties shall be subject to the requirements and procedures of Section 17.060.260—Development Guidelines, Nonresidential Uses in All Districts.
4.
Accessory structures on multifamily residential properties shall be subject to the requirements and procedures of the underlying zoning district regulations, Section 17.050.140—Multifamily Design Guidelines, and Section 17.120— Site Plan Review.
(Zoning Ord. 2009, § 17.060.060; Ord. No. 4599, § 1(E), 4-22-2013; Ord. No. 4750, § 2, 9-24-2014; Ord. No. 21-27, § 1, 4-13-2021)
Off-street parking areas may be permitted on land not more than three hundred (300) feet from the lot containing the principal use, provided the following standards are met:
A.
The Director of Community Development may administratively approve accessory, use off-street parking areas where the land, upon which the parking area is to be located, has a nonresidential zoning designation, subject to the parking area satisfying all setback, buffering, screening, etc. regulations otherwise required in the district in which it is located; and the layout and design requirements for off-street parking contained in Section 17.070. The Director of Community Development, at his discretion, may refer such requests to the Planning Commission for their review and approval.
B.
The Planning Commission may approve accessory use, off-street parking areas where the land, upon which the parking area is to be located, has a residential zoning designation, subject to the following:
1.
Parking shall not be permitted in any required or established front yard, except where unusual conditions warrant the use of the front yard for proper development of the parking facility and where the use of such front yard will not adversely affect the character of the neighborhood;
2.
No parking shall be permitted within six (6) feet of the rear or side lot line(s);
3.
The parking area, including all internal aisles and drives, shall otherwise satisfy layout and design requirements for off-street parking contained in Section 17.070.;
4.
The use of the parking area for any use or purpose than the parking of motor vehicles shall be prohibited;
5.
No lighting shall adversely affect residences, to the satisfaction of the Planning Commission;
6.
The planting and maintaining of shrubs, borders or fences, or any combination thereof shall be required to screen, to the satisfaction of the Planning Commission, the area from nearby residences; and
7.
The City Council shall be vested the power of review over for all accessory off-street parking areas where the land upon which the parking area is to be located, has a residential zoning designation.
(Ord. No. 18-2, § 1, 1-8-2018)
A home occupation is permitted as an accessory use, subject to first obtaining a business license, if required, and administrative approval by the Community Development Director. It is the purpose and intent of these requirements to:
•
Maintain neighborhood integrity and preserve the residential character of neighborhoods by encouraging compatible land uses;
•
Provide residents of the City with an option to utilize their residences as places to enhance or fulfill personal economic goals as long as the choice of home occupations does not infringe on the residential rights of neighbors;
•
Establish criteria for operating home occupations in dwelling units within residential districts; and
•
Ensure that public and private services such as streets, sewers, water or utility systems are not burdened by home occupations to the extent that usage significantly exceeds that which is normally associated with a residence.
A.
Restrictions and limitations: Home occupations are permitted in all residential districts subject to compliance with the following provisions as determined by the Community Development Director. The Community Development Director may, on a case-by-case basis, required the applicant to apply for a special use permit in accordance with the procedures set forth in Section 17.100.
1.
The home occupation shall be incidental and subordinate to the principal residential use of the premises. A home occupation shall be entirely contained within the interior of an approved structure on the site and no more than twenty-five (25) percent of the floor area of any one (1) floor of a dwelling unit shall be utilized for a home occupation.
2.
No visible evidence of the business shall be apparent from the street or the surrounding area including, but not limited to a prohibition on signs, attention getting devices, and displays.
3.
All materials or equipment used in the home occupation shall be stored within an enclosed structure.
4.
No alteration of the exterior of the principal residential structure shall be made which changes the character thereof as a dwelling.
5.
No person shall be engaged in such home occupation other than a person occupying such dwelling unit as his residence.
6.
No equipment shall be utilized, nor shall any activity related to the home occupation occur, that creates a nuisance due to noise, odor, emissions or electrical interference.
7.
No parking in the public rights-of-way shall result from the home occupation.
8.
No traffic shall be generated by the activity of the home occupation that is abnormal to a residential neighborhood. A home occupation shall not generate more than five (5) business-related visitations per day, consisting of five (5) arrivals and five (5) departures by vehicles.
9.
There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods, or equipment by other than a passenger motor vehicle or parcel or letter carrier mail service using vehicles typically employed in residential deliveries. No home occupation shall be allowed that requires deliveries or parking that unduly disturbs the normal neighborhood traffic flow.
10.
A home occupation shall not create noise, dust or dirt, heat, smoke, odors, vibration or glare or bright lighting in excess of that created by a single residential dwelling. The storage of combustible or toxic substances shall not be permitted on site, except for personal use associated with household cleaning or maintenance. A home occupation shall not create interference with, or fluctuations of, radio or television transmissions.
11.
Except as provided below, no manufacturing or retail or wholesale sales shall take place on the premises, no stock in trade shall be displayed or sold on the premises, and any production on the premises shall be confined to that normally associated with a residence.
Exceptions:
a)
Cottage food operations, as allowed by Illinois statute, home crafts, and visual arts production may be permitted, provided operations are otherwise consistent with this chapter.
b)
Internet or mail-order sales may be permitted, provided the activity generated by package and mail delivery service visitations are consistent with residential neighborhood traffic patterns as defined in this section.
12.
No commercial vehicles, as defined in Section 17.020.020, shall be parked on the premises per Section 17.070.080.
13.
The parking or storage of trailers, as defined in Section 17.020.020, associated with the home occupation shall be accessed by a driveway and upon a dust-free surface located so as not to be visible from the public right-of-way.
14.
No nonresident employees can report to the premises.
15.
The home occupation shall not require any upgraded utility service capacity beyond that which is customary for residential service. Separate utility meters, which serve only the home occupation, shall not be permitted.
16.
No deliveries may originate from or be made to the premises except during the hours of 8:00 a.m. to 9:00 p.m.
17.
If the home occupation is to be conducted in a rental unit, a written statement from the property owner giving his or her permission for operation of the home occupation shall be provided to the City.
B.
Special use permit. A home occupation that does not comply with these provisions shall not be operated without first being issued a special use permit in accordance with the procedures set forth in Section 17.100.
C.
Particular home occupations prohibited: Permitted home occupations shall not include the following:
1.
Antiques, retail.
2.
Funeral services.
3.
Groceries, retail.
4.
Secondhand merchandise, retail.
5.
Equipment rental.
6.
Automobile and other motor vehicle repair services.
7.
Physicians.
8.
Dentists.
9.
Chiropractors.
10.
Restaurants.
11.
Stables, kennels, veterinary clinics, or animal hospitals.
12.
Tourist homes or short-term rental accommodations.
13.
Renting of trailers or related equipment.
15.
Bars, taverns, clubs, or other uses related to cigarette sales, alcohol sales, or other age restricted uses.
Exception: Otherwise prohibited professional or personal care service-oriented home occupations may be permitted provided all such services occur off-premises and any business-related activity occurring at the licensed location of the home occupation is limited to administrative or clerical tasks (e.g. scheduling, bookkeeping, etc.).
(Zoning Ord. 2009, § 17.060.070; Ord. No. 18-60, § 1, 6-25-2018; Ord. No. 23-107, § 1, 9-26-2023)
Sidewalk dining shall be allowed on public property as an accessory use in specifically designated zones only, subject to first obtaining a sidewalk dining permit from the City, according to the following restrictions, limitations and standards.
A.
Restrictions and limitations. Sidewalk dining shall be permitted on public sidewalks in the Uptown Area only, at food and other service and hospitality establishments subject to the following provisions:
1.
The sidewalk dining area shall be located immediately adjacent to the establishment and be contained within the area directly fronting the establishment, except in the case of a corner location in which case both street frontages may be used for the purposes of sidewalk dining, as approved on the design plan.
2.
Sidewalk dining areas shall not intrude into clear zones at corners, or interfere with curbs, ramps or driveways. Clear zones shall be maintained in as follows:
a)
A six-foot clear zone (three (3) feet of decorative brick and three (3) feet of pedestrian walkway) shall be maintained at all times, measured from the edge of the curb to the boundary of the sidewalk dining area. This clear zone shall not be encroached upon in any way, including signage, planters, trees, decorative elements or other obstructions.
b)
A vertical ground clearance area of at least seven (7) feet shall be maintained at all times. Umbrellas and other overhead obstructions must not encroach into this area.
3.
Sidewalk dining areas shall not interfere with ingress/egress to any building, nor block access to any fire hydrant, fire escape, stairwell or balcony.
4.
Sidewalk dining areas shall be required to be enclosed with a pedestrian barrier(s). No furniture shall extend beyond or outside the limits of barrier, and all business-related activity shall be restricted to the inside of the barrier. Barriers shall adhere to the following guidelines:
a)
Shall be between thirty (30) inches and thirty-six (36) inches in height;
b)
Shall be of sufficient weight so they cannot tip or be blown over;
c)
Shall be made of durable material and properly secured to the sidewalk consistent with the method prescribed by the City Engineer and located on file in the Department of Community Development;
d)
Shall not obstruct the sight distance of vehicular traffic;
e)
Shall not have legs or supports that project beyond the limits of the sidewalk dining area or into the right-of-way or create a tripping hazard to patrons.
5.
The sidewalk dining season shall commence on March 1 and conclude on December 25, from 6:00 a.m. to midnight every day, subject to the following conditions:
a)
All sidewalk dining area furniture and other related objects including the pedestrian barrier shall be removed and stored during the off season.
b)
No heaters or other electrical devices shall be permitted.
c)
Sidewalks shall include access pathways to and from the sidewalk dining area, be kept clear of snow, ice and other weather related hazards at all times.
d)
Special permission may be granted by the Community Development Director during the off season in cases of sidewalk festivals or other community events and activities.
e)
The Community Development Director may also temporarily revoke the sidewalk dining permit, and require the removal of all sidewalk dining area furniture and other related objects including the pedestrian barrier, during festivals or other community events and activities.
6.
The sidewalk dining area shall be kept clean and free of litter and debris at all times. At least one (1) completely enclosed trash receptacle shall be placed no more than six (6) inches from the face of the building located within the sidewalk dining area.
7.
No preparation, storage or display of food shall be allowed within the sidewalk dining area.
8.
Alcoholic beverages may be permitted to be served within the confines of the sidewalk dining area subject to the following conditions:
a)
The establishment shall be required to serve a full lunch and/or dinner menu;
b)
Full compliance with Title 5, Chapter 5.08, Liquor Code, of the Collinsville Municipal Code;
c)
No alcoholic beverages shall be removed from the premises, or allowed outside the designated sidewalk dining area.
9.
No loudspeakers or announcement systems shall be permitted in the sidewalk dining area. Music or other sounds emitting from the establishment shall be kept at a manageable level, so as not to unduly disturb neighboring residents.
10.
Sidewalk dining areas shall not be permitted to utilize an "arcade" type design approach, and shall not permit the expansion of any building or structure into the public rights-of-way.
B.
Standards. The following standards shall apply to the material, design, and maintenance of sidewalk dining furniture, barriers, landscaping and decorative elements:
1.
Material standards: High quality materials shall be used in order to maintain a pleasing environment and an enjoyable sidewalk dining experience. Furniture and fixtures shall be consistent with and complementary to the overall character of the Uptown Area, with emphasis on the City's Streetscape design.
a)
Furniture: Cast iron, wrought iron, expanded steel, wire steel, cast aluminum, and extruded aluminum shall be permitted materials, provided the pieces are of substantial weight and quality to ensure the safety of patrons and an attractive impression. Glass inserts or glass tables are prohibited for safety reasons. Resin furniture is specifically prohibited.
b)
Umbrellas: Umbrellas shall be of stable construction, of flame-retardant color-fast fabric. Advertising on umbrellas and their use for the purposes of signage is prohibited. Umbrellas shall possess standard safety features such as heavy gauge ribs, a minimum one-and-one-half-inch diameter anodized aluminum poles, and a positive brake on the cranklift. Umbrellas shall complement other furniture in style and design, and shall match in color to the extent necessary to assure a high-quality appearance.
2.
Maintenance standards: Once established, sidewalk dining areas shall be continually and consistently maintained to preserve the level of quality as initially submitted and approved by the Community Development Director. The following minimum maintenance standards shall be required:
a)
The sidewalk dining area, and the surrounding area, shall be kept free from debris, litter, and other refuse at all times. Dishes, cans, bottles and other containers shall be immediately removed and not left to gather on tables.
b)
All furniture and fixtures, including tables, chairs, umbrellas, pedestrian barriers and decorative elements shall be kept clean and in good repair. Broken or damaged pieces shall be safely and securely repaired or replaced immediately. Repairs shall be sufficient to maintain the current level of quality, and replacements shall be of the same or similar design, color, quality and material. Replacement with pieces that do not meet the same quality and design standards shall be subject to the review and approval of the Community Development Director.
C.
Permit required. A sidewalk dining permit shall be required before any establishment may create or use the sidewalk for the purposes of sidewalk dining, and must be renewed annually prior to the March 1 opening season date. Application forms shall be available at City Hall, and shall include, but not be limited to, the following information:
1.
Name, address and phone number of establishment.
2.
Name and phone number of contact person responsible for the sidewalk dining area.
3.
Design plan as follows:
a)
Accurate depiction of property lines and dimensions, all adjoining public rights-of-ways (including sidewalks), the location and dimensions of all existing structures (primary and accessory), and setback dimensions (measured from the curb to the structure);
b)
Depict ingress/egress to business and sidewalk dining area;
c)
Depict sidewalk width from face of building to curb, with six-foot clear zone labeled;
d)
The designated area to be used for sidewalk dining purposes, clearly marked with measurements and dimensions;
e)
Depict all surface obstacles and obstructions, such as fire hydrants, trees, permanent decorative fixtures, etc.;
f)
Depict the number and placement of tables, chairs, umbrellas and other fixtures, with the dimensions and product information of each piece shown;
g)
Depict placement, dimensions and product information of pedestrian barriers.
Permits shall be issued by the Community Development Director, and may be referred to the City's Planning Commission for approval, on a case-by-case basis, at the discretion of the Community Development Director.
D.
Liability insurance. Once approval is obtained, said permit shall not be issued until the applicant provides, at their sole cost and expense, evidence of public liability insurance and comprehensive property damage insurance, including the City of Collinsville as an additional insured and insuring the City against any liability resulting from the use permitted herewith. The coverage shall be not less than one million dollars ($1,000,000.00) per occurrence or accident resulting in bodily injury to or death of a person(s).
E.
Inspections. The City may conduct inspections at any time to ensure compliance with the provisions of these regulations. Failure to comply with the provisions contained herein within forty-eight (48) hours may result in the revocation, suspension, and/or non-renewal of the permit issued.
(Zoning Ord. 2009, § 17.060.075; Ord. No. 4448, § 1, 10-11-2011)
Sidewalk sales and displays of merchandise or signage shall be allowed on public property within the uptown area, as an accessory use, subject to first obtaining a Sidewalk Sales and Display Permit from the City, according to the following restrictions, limitations and standards.
A.
Sidewalk sales area and display of merchandise.
1.
The applicant must be an existing, licensed or registered business within the City of Collinsville and in good standing with the City, County, and State.
2.
The merchandise displayed must be merchandise from the licensed/registered retail business. Outside vendors are not permitted.
3.
The area devoted to merchandise display/sales on the public sidewalk shall be immediately adjacent to its current operated retail business within the uptown area.
4.
A minimum of three (3) foot wide passageway shall be left accessible for pedestrians. No merchandise shall be displayed within six (6) feet of the curb line of the street.
5.
The sidewalk sale or display shall be conducted in such a manner as not to create a nuisance, sight visibility for traffic and pedestrians or a fire hazard.
6.
All merchandise displayed or offered for sale shall be displayed in a secure manner so as not to threaten the safety of any pedestrians.
7.
No tobacco products, vape products, cannabis paraphernalia, alcohol, or similar products shall be permitted to be displayed, sold, or sampled on public sidewalks through this permit.
8.
Temporary sidewalk merchandise display/sales shall be permitted during any City-approved public event in the uptown area. Outside of City-approved events, temporary sidewalk displays/sales shall be permitted up to four (4) times per year. Business owners must obtain a sidewalk display/sales permit for all such outdoor sales or display of merchandise before the use is permitted. The approved permit shall be valid only for a consecutive seven (7) day period applied for during a calendar year.
9.
Such merchant shall provide evidence of public liability insurance and comprehensive property damage insurance including the City and its employees as an additional insured and insuring the City against any liability resulting from the uses permitted herewith. The coverage shall not be less than one million dollars ($1,000,000.00) per occurrence or accident resulting in bodily injury to or death of a person.
10.
All merchandise sold in conjunction with a sidewalk sales and display event shall be subject to all applicable taxes and shall be reported with sales occurring within the retail establishment.
11.
A permit fee as per Title 4 - fees and fines accompanied by a completed application must be submitted by the participating merchant.
B.
Signage displays on sidewalk.
1.
One (1) freestanding, double faced A-frame sign shall be permitted to display on the public sidewalk per business in the uptown area.
2.
Sign shall not exceed six (6) square feet per side, three (3) feet in height and two (2) feet in width.
3.
Sign must be located no more than fifteen (15) feet from the entrance of the associated business and not located in front of any other business.
4.
Sign shall not impede the normal and orderly flow of pedestrian traffic and shall not obstruct the accessible route. No signage shall be displayed within six (6) feet of the curb line of the street. A clear passage of at least three (3) feet between the sign, building or any obstruction on the sidewalk shall be maintained.
5.
Sign shall be removed each day at close of business and shall only be displayed during open hours for the business.
6.
Owner shall provide evidence of public liability insurance and comprehensive property damage insurance including the City and its employees as an additional insured and insuring the City against any liability resulting from the uses permitted herewith. The coverage shall not be less than one million dollars ($1,000,000.00) per occurrence or accident resulting in bodily injury to or death of a person.
7.
A permit fee as per Title 4 - fees and fines accompanied by a completed application must be submitted by the participating merchant.
(Ord. No. 25-60, § 1, 4-22-2025)
A guest house as an accessory use in a residential district shall comply with the following:
A.
The guest house must be an accessory use to a single-family detached dwelling on the lot.
B.
The guest house must meet the electrical, plumbing and building codes for single-family housing.
C.
A guest house shall be permitted only on a lot having over ten thousand (10,000) square feet of area.
D.
The guest house must be placed to the rear of the main house and at least twenty (20) feet away from the main house.
E.
No more than one guest house may be located on any lot.
F.
The building floor area of the guest house may not exceed fifty (50) percent of the floor area of the main building or one thousand (1,000) square feet, whichever is less.
(Zoning Ord. 2009, § 17.060.080)
Outdoor swimming pools, spas and hot tubs are permitted as accessory uses, provided the following procedures and standards are met:
A.
All outdoor swimming pools, spas and hot tubs shall require a building permit.
B.
Swimming pool is any structure intended for swimming or recreational bathing that contains water over twenty-four (24) inches deep. This includes in-ground, above-ground and on-ground swimming pools, hot tubs, portable and non-portable spas, and fixed-in-place wading pools.
C.
Plans for outdoor swimming pools shall be submitted to the Building Official or his designated agent for review and approval prior to issuance of permits. Said review shall be based upon compliance with the following standards: the need for screening to protect the privacy of neighboring property; compatibility of any lighting; safety and prevention of damage to adjacent property by surface water runoff. The preceding standards shall be the minimum requirement, and the Building Official may deny a building permit and refer an applicant to the Planning Commission where the Planning Commission may require additional screening or other measures deemed necessary to preserve property values and personal safety.
D.
Each swimming pool shall be completely enclosed by a wall or fence or other permanent enclosure at least four (4) feet in height. This enclosure shall be provided with self-closing gates equipped with a self-latching device, which must be kept locked when the pool is unattended. Such enclosures shall be not less than thirty (30) feet from the front lot line, and not less than fifteen (15) feet from the side street line in the case of a corner lot, except on reverse corner lots whereupon side setbacks shall be based upon the adjoining front yard setback. The enclosure may be located on the interior side lot line and the rear lot line, subject to any easements, but the edge of the swimming pool shall be not less than ten (10) feet from any such interior side or rear lot line and not less than twenty (20) feet from a residence on an adjoining lot.
E.
If a pool is located on or surrounded by a deck, or is within five (5) feet of a deck, the setback for the deck shall also apply to the pool.
F.
In lieu of the fence or permanent enclosure, spas and hot tubs shall be equipped with a safety cover. Said safety cover shall be classified under WBAH and have been evaluated to the American Society for Testing and Materials (ASTM) Standard F1346, Standard Performance Specifications of Safety Covers or equivalent. Each safety cover shall bear the classification marking "UL," the word "Classified," a control number, and the product name or equivalent.
G.
Swimming pools shall not be built in front of front building lines.
H.
Swimming pools shall be so designed that the surface water will be carried to the public street or storm drainage system on the owner's property, or by underground pipe to the public street or storm drainage system, or if across other ownerships, copies of written consent must be provided to the Community Development Director. Swimming pools shall not be drained at any time which may cause icing or other hazardous street conditions.
(Zoning Ord. 2009, § 17.060.090)
Outdoor Material and Equipment Storage (Commercial). Within the HP1, BP1, BP2, BP3, BP4, CP1 and CP2 Districts, any refuse or dumpsters must be screened and totally enclosed prohibiting visibility from the street or neighboring property and be compatible in material and color with the principal structure on the lot. For all commercial or industrial districts, the following regulations shall apply, and
A.
Except as otherwise permitted by these regulations or during permitted construction on any tract, all exterior storage of equipment, raw materials or finished products shall be fully screened from the view of adjacent parcels and streets by a sight-proof fence at least six (6) feet in height.
B.
Screening and enclosure required for permitted outdoor storage shall be by means of a fence, wall or berm, in combination with landscaping, designed to create a minimum of seventy-five (75) percent opacity. Crates, boxes, trailers or other temporary storage facilities shall not be considered appropriate screening materials. Outdoor storage shall not interfere with the required and/or approved operation of the site, including, but not limited to, traffic circulation, parking, open space or aesthetics.
C.
The permitted display of merchandise for sale to the public shall be restricted to a maximum of twenty-five (25) percent of the area of either the front, side or rear yard exclusive of any area of required setback. In no case shall merchandise for sale be displayed in any required set back, or interfere with pedestrian or vehicular access or parking.
D.
Outdoor storage in an open yard shall be screened so that the materials stored are not clearly visible within one thousand (1,000) feet of the property line. Where topographic conditions make effective screening impractical, the Zoning Hearing Officer may make variances as they deem advisable.
Recreational Vehicles and Equipment Storage (Residential). The storage of recreational vehicles and other recreational equipment such as boats, boat trailers, camping trailers, converted buses or trucks, flatbed and enclosed trailers, shall be allowed as an accessory use provided the following performance standards are adhered to:
A.
Said storage shall be limited to private garages, driveways, and side or rear yards of private homes on a permanent dust free surface of asphalt or concrete; however, required off street parking spaces shall not be utilized for the storage of recreational vehicles/equipment.
B.
Stored vehicles or equipment shall not protrude onto public property or obstruct any sidewalks.
C.
Stored vehicles more than eight (8) feet wide and twenty-five (25) feet long shall be prohibited in all residential districts.
D.
Stored vehicles and equipment shall be owned by the occupant of the principal dwelling; the leasing out or loaning whether for payment or not of such storage space in order to store vehicles or equipment belonging to someone other than the occupant of the principal dwelling is prohibited.
E.
Stored recreational vehicles or equipment shall not be used for living or sleeping purposes while stored on the premises for a period exceeding fourteen (14) days in any calendar year.
(Zoning Ord. 2009, § 17.060.100; Ord. No. 4599, § 1(F), 4-22-2013; Ord. No. 4750, § 2, 9-24-2014; Ord. No. 16-90, § 3, 11-28-2016)
Editor's note— Ord. No. 4599, § 1(F), adopted April 22, 2013, changed the title of § 17.060.100 from "Outdoor material and equipment storage" to "Outdoor storage—Accessory use". This historical notation has been preserved for reference purposes.
A.
Except on properties within the "M-1" Industrial District or as specifically authorized in this chapter, or by special use permit, or by planned district ordinance, or as delineated on an approved site plan, or as part of an authorized festival or event, all permitted uses shall be conducted wholly within an enclosed building except that accessory off-street parking and loading spaces, vehicle storage, urban transit systems, farming, and those permitted principal uses that, by their manner occur outdoors, as determined by the Director of Community Development, may be within open areas provided they meet all other applicable provisions of this chapter.
B.
Appeal of the Director of Community Development's Determination. In the event of a disagreement between the applicant and the Director, such disagreement shall be submitted to the Planning Commission, which shall make the decision on such disagreement, provided the applicant shall also have the right to appeal such decision pursuant to Section 17.130, Zoning Hearing Officer, of the Zoning Ordinance and to pursue any other available legal or equitable remedy.
(Ord. No. 18-2, § 1, 1-8-2018)
The minimum yard requirements established in all districts shall be adjusted in the following cases:
A.
Where the property fronts on two (2) intersecting streets (a corner lot), such lot shall maintain a front yard setback on both streets, except in the following cases:
1.
Where no lots within the same block front on one of the two (2) intersecting streets, the side yard requirement along such street shall be fifteen (15) feet.
2.
Double frontage lots shall maintain the required front yard setback along both frontages.
B.
Where more than half of the buildings on a frontage have observed a front yard greater than required then:
1.
Where a building to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of adjacent buildings on the two (2) sides; or
2.
Where a building to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.
(Zoning Ord. 2009, § 17.060.110)
The structure setback line shall be determined by measuring the horizontal distance between the property line and the vertical plane of the furthest architectural projection of the existing or proposed structure; except that certain architectural projections listed below may extend beyond the structure setback line, subject to the following conditions:
A.
Projections shall be defined as: Any structural or nonstructural portion or appendage attached to the main structure which by design protrudes outward beyond the structure floor, wall, roof or foundation line. Projections include, but are not limited to:
1.
Roof eaves.
2.
Cornices.
3.
Porches.
4.
Stairs.
5.
Bay and egress windows.
6.
Dormers.
7.
Combustible or noncombustible ornamentation.
8.
Soffits.
9.
Balconies.
B.
Exception for canopies and awnings. A canopy or awning may be permitted to overhang a public way in any business zoning or industrial zoning district providing:
1.
No portion of the canopy or awning shall be less than eight (8) feet above the level of the sidewalk or other public way.
2.
The canopy or awning may extend the full width of the building facade to which it is attached, and further, it shall not extend beyond a point two (2) feet inside the curbline of a public street.
(Zoning Ord. 2009, § 17.060.120)
Except in a Planned District, no more than one principal use and structure shall be located upon a lot or tract.
(Zoning Ord. 2009, § 17.060.130)
Chimneys, cooling towers, elevator head houses, fire towers, grain elevators, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers, spires, church steeples, and necessary mechanical appurtenances, usually required to be placed above the roof level and not intended for human occupancy, are not subject to the height limitations contained in the District Regulations. In all planned districts, one additional foot of height above the specified height limitation shall be permitted for each foot of additional yard provided over the minimum requirement on all sides of the lot.
(Zoning Ord. 2009, § 17.060.140)
A corner lot in any district shall conform to the requirements of the sight triangle as defined in Section 17.020.020.
(Zoning Ord. 2009, § 17.060.150)
No land that is located in a residential district shall be used for a driveway, walkway or access to any land which is located in any commercial or industrial district.
(Zoning Ord. 2009, § 17.060.160)
All streets and associated right-of-way improvements shall comply with the City's Subdivision Regulations and the City's Infrastructure Design Manual.
(Zoning Ord. 2009, § 17.060.170; Ord. No. 24-196, § 1, 12-10-2024)
When developing in an established neighborhood containing larger lots than proposed, the proposed lot sizes should best represent existing neighborhood lot sizes and densities adjacent to existing development, and transition to smaller lots sizes located within the interior of the plat.
(Zoning Ord. 2009, § 17.060.180)
It is the intent of this section to provide for the appropriate location, use, design and compositions of open space areas provided to meet the requirements or incentives of the City's Vision 20/11 Comprehensive Plan. As such, the standards prescribed by this section shall be applicable to all residential developments greater than five (5) acres with a density of eight (8) dwelling units per acre or more.
The percentage of open space shall generally meet the following minimum standards:
The Commission or Governing Body may require more (or less) open space in accordance with this section depending upon the specific site characteristics, type of development and the availability of open space or park land near the development.
Common open space provided in a subdivision and conveyed to a property owners association (private open space) or to the City (public open space) shall remain permanently open for recreational and conservational purposes. Open space, whether such areas are or will be public or private, in any residential subdivision shall be laid out, to the maximum feasible extent, so as to connect with other open space, existing or proposed, in the vicinity. In the case of two (2) or more adjacent subdivisions, developers may cooperatively allocate open space areas, if such areas are coordinated in design and location to an extent acceptable to the Governing Body.
A.
Private open space. Private open space that is held in common shall be set aside for the benefit, use, and enjoyment of the subdivision lot owners, present and future. All private, common open space, including recreation areas, tree cover areas, scenic vistas, wildlife or plant preserves, nature study areas, and private walkways, whose acreage is used in determining the size and extent of common open space shall be included in restrictive covenants, easements, or other legal devices designated to assure that such space will remain permanently open.
B.
Permitted open space uses. The following uses are permitted in open space land areas (public or private);
1.
Conservation of open land in its natural state (for example, woodland fallow field, or managed meadow).
2.
Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreation uses. Motorized off-road vehicles, rifle ranges and other uses similar in character and potential impact are specifically excluded.
3.
Active noncommercial recreation areas, such as ball fields, playgrounds, courts, and bikeways, provided such areas do not consume more than half of the minimum required open space land or five (5) acres, whichever is less. Ball fields, playgrounds, and courts shall not be located within one hundred (100) feet of abutting properties and shall not be illuminated for activity after dark. Parking facilities for the same shall also be permitted and shall generally be gravel-surfaced, properly drained, provide safe ingress and egress, and contain no more than ten parking spaces.
4.
Golf courses may comprise up to seventy-five (75) percent of the minimum required open space land, but shall not include commercial driving ranges or miniature golf. Not more than ten (10) percent of the remaining open space land may be wetland, submerged, or used for stormwater management. Golf course parking area and any associated structures shall not be included within the minimum open space requirement.
C.
Open space design standards. The following standards shall be adhered to in the design of open space and greenway areas;
1.
All open space areas shall have a minimum dimension of thirty (30) feet and contain at least 3,000 square feet of contiguous area. A minimum dimension of no less than ten (10) feet shall be permitted for pedestrian facilities that connect to open space areas within the site.
2.
Open space shall be laid out in general accordance with the open space, greenway and riparian networks.
3.
Long, narrow strips of open space are discouraged, except where designated to protect linear sources such as streets or trails or to provide connections between larger open space areas.
4.
Fragmentation of open space into isolated unlinked pieces is discouraged, except to provide neighborhood parks and common areas.
5.
Dedicated open space land shall generally remain undivided and shall be owned and maintained by a homeowners' association, land trust, another conservation organization recognized by the municipality. However, in no case shall less than twenty-five (25) percent of the property be available for the common use and passive enjoyment of the subdivision residents.
6.
The open space shall include land dedications for public recreational use as outlined by the City's subdivision regulations.
7.
Where the proposed development adjoins public parkland, a natural open space buffer of at least fifty (50) feet shall be provided within the development along its common boundary with the parkland, which no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted (except as may be necessary for street or trail construction)
(Zoning Ord. 2009, § 17.060.190)
A.
Park land or fees in lieu of open space. In order to meet the recreational needs of the residents of Collinsville, all subdivision developments may be required to contribute either park land or fees in lieu of open space. Where a school, neighborhood park, recreation area, or bikeway or pedestrian corridor is shown on the Future Land Use Plan of the Comprehensive Plan, in whole or in part in the applicant's proposed subdivision, the Governing Body may require the dedication or reservation of such open space within the proposed subdivision for school, park, recreation, or other public purpose. Private open space shall not be credited as public open space.
B.
Amount of park/recreational area required. A minimum of four (4) percent of the gross area of any subdivision shall be reserved for parks, recreation or playground sites.
C.
Fee calculations. Park land/fee dedications shall be calculated during the preliminary plat process as specified in these regulations; and dedicated with the final plat. The Governing Body shall determine whether the park land offer should be accepted, accepted with conditions, or if the offer should be declined and a payment of funds in lieu of park land dedication. Dedication of land for park use must be reflected and dedicated as such on the final plat.
D.
Quality of park required to be dedicated. A park land dedication area shall consist of useable land suitable for park development and shall not be located in any of the following areas within a development.
1.
Deep ravines.
2.
Densely wooded areas.
3.
Areas where the average slope of the entire park/recreational area
4.
Exceeds five (5) percent.
5.
Wetlands as determined by the U.S. Corps of Engineers.
6.
Floodways as determined by the regulations and guidelines of FEMA.
7.
Other areas that are not conducive to park/recreational areas as determined by the Planning Commission.
8.
The total amount for park/recreational area should be more than one-half (½) acre in size.
E.
Fee in lieu of park land dedication. In order to determine the contribution amount to be paid by the developer in lieu of park land dedication the amount of land required to be dedicated shall first be determined. Based upon the amount of park land required to be dedicated, the developer shall hire and pay for a licensed real estate appraiser to determine the fair market value of the land area that would otherwise be required to be dedicated. The value established by the real estate appraiser shall then be verified and upon approval of the City Council paid to the City in lieu of the park land dedication. The fee in lieu of park land dedication shall be placed in an escrow account established by the City and shall only be used for park and recreational purposes.
F.
Park fee contribution in lieu of land dedication is due and payable at time of issuance of a building permit. Park fees on multiple buildings shall be paid in advance or at time of individual building permit issuance.
(Zoning Ord. 2009, § 17.060.200)
A.
Intent and purpose. Cluster subdivisions may be allowed in all residential zones as a planned use. The purpose of the cluster subdivision is to allow diversification in the relationship of residential uses to their sites and permit more flexibility of site design. This will allow the developer to more closely tailor a development project to respond to the conservation of natural resources and/or a specific user group, such as retired persons.
B.
Cluster designation. The residential single-family "Cluster" designation is intended to accommodate individual dwelling units located upon a single lot. Generally the same overall density is maintained, however, cluster lots may be reduced in size and street frontage requirements in order to retain open space or preserve environmentally sensitive areas. These regulations have been adopted to provide for reduced or eliminated setbacks, and in some areas common wall construction, where desired in order to provide flexibility and promote a more desirable living environment.
C.
Detached designation. Planned single-family "detached" developments are intended to accommodate unattached, individual dwelling units located upon a single lot or parcel. The detached designation is generally reserved for those areas of the City which are currently developed in this fashion and in other areas best suited for this type of development.
D.
Minimum cluster performance criteria. The cluster subdivision option may be utilized if all of the following parameters that may apply are satisfied:
1.
The proposed design addresses any special conditions, prerequisite considerations or significant environmental elements identified in the Comprehensive Plan.
2.
The proposed design is compatible with the existing topography and preserves natural resources such as mature trees, or wooded areas, significant wetlands, streams, riparian areas and wildlife habitat.
3.
Connecting links between existing parks and open space are provided along streams, ridgelines, ravines, riparian areas, hillsides, and wooded areas whenever possible.
4.
Thirty-five (35) percent of the total site area shall be set aside as open space. The open space must be totally landscaped, agricultural or recreation area.
5.
The development shall be in single or corporate ownership at the time of application or the subject of an application filed jointly by all owners of the property.
6.
The Community Development Director or Governing Body shall require that the arrangement of structures and open spaces are developed in such a manner to assure that adjacent properties will not be adversely affected.
7.
The density of dwellings in a cluster subdivision shall not exceed that allowed by the zone in which a project is located, except when a bonus density is approved through the approval process. For purposes of this section, density is calculated by discounting twenty (20) percent of the property as that which would be dedicated as public street right-of-way in a conventional subdivision design and dividing the remaining square footage by the minimum lot size of the zone.
8.
All open space around or adjacent to building lots shall be landscaped by the developer and maintained through a lawfully organized home owner's association.
9.
Preservation, maintenance and ownership of common open space within the development shall be accomplished by either deeding the open space to the City of Collinsville or by granting to the City of Collinsville a permanent open space easement on and over the said open space to guarantee that the open space remains perpetually open for its intended use, or by recording the forfeiture of development rights for the identified open space. The ownership and maintenance of the open space shall be accomplished by private ownership, home owner's association, or through the City as determined by the City Council.
10.
The location, size and general footprint of all dwellings and other main buildings shall be shown on the plans submitted for review.
11.
Landscaping, fencing, and other improvement plans for the common open space shall be presented to the Community Development Director and/or Governing Body for approval together with other required plans for development. The estimated cost of these improvements shall be provided to the City together with the improvement plans and after approval by the City Engineer shall be included in bonding requirements for the development.
E.
Minimum design criteria.
1.
Minimum lot area: four thousand (4,000) square feet per dwelling unit.
2.
Minimum lot width: forty (40) feet detached, thirty (30) feet attached.
3.
Minimum lot depth: sixty (60) feet.
4.
Front yard setback: fifteen (15) feet.
5.
Side yard setback: ten (10) feet detached, zero (0) feet attached (only on common property line).
6.
Rear yard setback: fifteen (15) feet.
Lot area, width and depth requirement are for one hundred (100) percent usable area. Larger lot area may be required if portions of the lot are unusable.
F.
Area. All lots shall contain the necessary area to provide required parking, buildable area with appropriate setbacks, and private usable space. Setbacks shall be determined prior to final approval of the plat. Parking shall be provided in accordance with Section 17.070. Additional public parking areas may be required as determined by the Planning Commission.
(Zoning Ord. 2009, § 17.060.210)
The purpose of this section is to set forth regulations for seasonal merchants operating on private property.
The purpose of this section is to set forth regulations for seasonal merchants operating on private property.
A.
Intent. It is the intent of this section to:
1.
Permit limited seasonal sales of food, produce, and other seasonal items offered on a temporary basis as authorized by this section within the City of Collinsville.
2.
Permit limited temporary uses that are associated with and accessory to the primary use of the property and are in place for only short periods of time and require no permanent structures (exclusive of transient merchants as prohibited in Section 5.70.030).
3.
Maintain neighborhood character by limiting the location and extent of seasonal sales of food, produce, and other seasonal items offered on a temporary basis as authorized by this section.
4.
Protect the rights of private property owners and businesses.
5.
Protect the health, safety and general welfare of the general and traveling public.
B.
Scope. These regulations shall apply to all seasonal merchants engaged in the sale of seasonal food, produce, and other seasonal items, and temporary uses as authorized by this section operating on private property within the City of Collinsville and its corporate limits.
C.
Licensing. Seasonal sales merchants shall be subject to the licensing and application requirements of Chapter 5.04, Business License Generally, of the Municipal Code.
D.
Location and extent.
1.
Seasonal merchants and temporary uses shall be permitted on private property throughout the City, regardless of zoning district. However, in no case, shall a seasonal merchant or temporary use operate or be located within or upon:
a.
Properties which are currently unoccupied with a primary user.
b.
Properties developed with single-family or multi-family residential dwellings.
c.
Designated fire lanes or "no parking" zones.
d.
Landscaped areas of the property including lawn and other softscaped areas.
2.
The location and extent of seasonal merchants or temporary uses, including all appurtenances and other related items, shall be subject to the review and approval of the Community Development Director on an annual basis, based upon the submittal and review of a simple site plan package containing at least the following:
a.
All property lines.
b.
Limits and size of the area being occupied by the seasonal sales or temporary use.
c.
Number of parking stalls for the entire site.
d.
Number of parking stalls being used by the seasonal sales or temporary use.
e.
Number of parking stalls remaining available to the primary user of the property.
f.
Location, size, dimensions and renderings of all proposed signage and appurtenances, including, but not limited to, tents, canopies, trailers, inflatable devices, tables, chairs, and awnings.
g.
Color elevations and renderings or photographs including all relevant dimensions of the temporary structure, tent, canopy, cart or trailer.
h.
Utility plan indicating how utilities will be supplied to the site.
i.
Duration and operational plan for the proposed seasonal or temporary use including, but not limited to, start and end date of the seasonal use as well as the operating days of the week and hours of the day.
j.
Copy of relevant licenses, permits, and certifications for the requested seasonal or temporary use, including, but not limited to, the approved county health department license.
k.
Copy of manufacturer documentation and/or calculations demonstrating the anchoring system to be utilized to demonstrate safety of tents, canopies, inflatable devices, or other structures or devices; and that such device does not wave, flutter or move back and forth or up and down.
3.
In determining the appropriateness of the location and extent, the Community Development Director shall consider the following:
a.
Sufficient on-site parking to accommodate both the primary use and the seasonal merchant or temporary use.
b.
Sufficient on-site circulation for both vehicles and pedestrians as related to both the primary use and the seasonal merchant or temporary use.
c.
Potential adverse impacts on the public right-of-way and/or adjoining properties.
d.
Overall safety of the site, including location of tables, chairs and appurtenances as they relate to the safety of customers and other site users.
e.
Community Development Director reserves the right to deny application when an applicant has demonstrated substantial failure in meeting the performance standards associated with the application or other similar applications.
E.
Drive-through facilities prohibited. Drive-through facilities shall be prohibited in conjunction with seasonal merchants or temporary uses.
F.
Signs. Signs shall be limited to:
1.
Those attached, affixed, or applied to the structure, tent, vehicle, trailer, or cart.
2.
Price/product information signs (price tags) shall be permitted, provided they are sized in the context of a typical retail operation and intended for the readability of shoppers within close proximity, not for advertising purposes directed to the public right-of-way.
3.
No freestanding signs shall be permitted.
4.
No signs contained in section 17.930.160, General Prohibitions, of the zoning regulations shall be permitted.
G.
Appurtenances and other items.
1.
Canopies, awnings, or umbrellas attached to the truck, trailer, or cart shall be permitted.
2.
Tables, chairs, tents, canopies, inflatable devices, and other displays shall be permitted, provided they are delineated on the approved simple site plan and are located within the span of control of the seasonal or temporary use, and that they are arranged in such a manner as to promote the safety of customers and other site users.
3.
Tents, canopies, inflatable devices, and other temporary structures shall pose no unusual fire or other hazard, and shall have received all safety and other inspections and approvals required by State or local law in order to be operated or utilized.
4.
The use of any sound system shall be controlled so as not to become a nuisance to adjacent properties.
H.
Maintenance.
1.
The area in and around the seasonal merchant or temporary use shall be kept clean and orderly consistent with the most currently adopted codes and ordinances.
2.
A trash receptacle shall be provided. The merchant is responsible to clean up all trash, litter, spills, etc., within a minimum fifty-foot radius of the immediate seasonal sales facility or temporary use.
I.
Code compliance. Seasonal merchants and temporary uses shall comply with all pertinent City, Federal, State of Illinois, and Madison or St. Clair County requirements.
J.
Facilities. No portable restroom facilities shall be included or permitted associated with any seasonal sales or temporary use in the City, except when associated with an authorized circus or carnival, or as directed by the City.
K.
Cart, trailer, or other portable and temporary structure code compliance. Any temporary structure, cart or trailer utilized as part of any seasonal sales use must be licensed and certified as roadworthy by the appropriate licensing body if mobile, or shall meet generally the code requirements of all relevant jurisdictions. Temporary structures with floor areas in excess of one hundred twenty (120) square feet shall require a building permit.
L.
Regulations for all seasonal merchants and temporary uses operating on private property.
1.
Types. Seasonal merchants and temporary uses operating on private property shall be limited to:
a.
Christmas tree, pumpkin, or plant sales.
1)
Christmas tree, pumpkin, or plant sales for a period not to exceed sixty (60) calendar days.
2)
Display of Christmas trees, pumpkins, or plants need not comply with the yard and setback requirements of these regulations, provided that no trees, pumpkins, or plants shall be displayed within thirty (30) feet of the curb line of any public street.
b.
Contractor's office. Contractor's office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project and to continue only during the duration of said construction project.
c.
Real estate office. Real estate office (containing no sleeping or cooking accommodations) incidental and accessory to a new housing development of at least ten (10) lots shall be permitted for a period not to exceed two (2) years or upon the issuance of seventy-five (75) percent of the building permits, whichever occurs first. The City Council may approve an extension not to exceed twelve (12) months.
d.
Carnivals and circuses.
1)
Limited to one (1) occurrence, for a period that does not exceed fourteen (14) calendar days, per calendar year.
2)
Such use need not comply with the front yard requirements, provided that structures or equipment which might block the view of operators of motor vehicles on the public streets shall conform to the requirements of the sight triangle as defined by these regulations and be no closer than thirty (30) feet of the curb line of any public street.
3)
Carnivals and circuses must coordinate their activities with the Collinsville Police Department and any other relevant public safety providers or any other relevant jurisdictional entities to ensure adequate safety and security of the event.
e.
Yard or other sales on residential premises. The display of personal property for the purpose of exchanging it for legal tender or barter at a property utilized for residential purposes not otherwise designated for the sale or exchange of merchandise. shall be permitted per Section 5.20, Yard or Other Sales on Residential Premises, of the Collinsville Municipal Code.
f.
Seasonal produce or food vehicles, trailers, or carts.
1)
Duration. Seasonal produce or food vehicles, trailers, or carts shall be permitted between April 1 and November 1 each year.
2)
At the end of the seasonal operation of the use, the seasonal use shall be removed from the site, including, but not limited to, the vehicle, structure, cart, trailer, signage, canopies, awnings, tables, chairs and all appurtenances.
3)
Hours of operation. The seasonal produce or food vehicle, trailer, or cart shall not operate, park, or otherwise be located upon a property beyond the hours of operation of the primary establishment on that property or for a period of time exceeding twelve (12) hours, whichever is less.
g.
Mobile food vehicles, trailers, or carts.
1)
Duration. The mobile food vehicle, trailer, or cart may operate year-round provided that all appropriate local, county, state and federal regulatory approvals have been obtained by the owner/operator.
2)
Hours of operation. The mobile food vehicle, trailer, or cart shall not operate, park, or otherwise be located upon a property beyond the hours of operation of the primary establishment on that property or twelve (12) hours per day, whichever is less.
3)
Limitation. The mobile food vehicle, trailer or cart shall not conduct business at a stationary location for a duration exceeding three (3) hours per day.
4)
Location regulations.
a)
No mobile food vendor shall locate on any private property without written permission to do so and must comply if asked to leave by the property owner or City official. A copy of the written permission to operate in a specific location signed by the private property owner shall be kept within the mobile vending unit at all times.
b)
No person shall distribute, deposit, place, throw, scatter, or cast any commercial handbill in or upon any motor vehicle.
c)
No person shall distribute, deposit, place, throw, scatter, or cast any commercial handbill upon any premises if requested by the property owner or City official not to do so or if there is placed near or at the entrance thereof a sign bearing the words "no advertisement".
5)
Signs. Signs shall be limited to those attached, affixed, or applied to the mobile food vehicle or cart.
6)
Appurtenances and other items.
a)
Canopies, awnings, or umbrellas attached to the vehicle or cart shall be permitted.
b)
Tables, chairs, or other customer seating shall not be permitted in conjunction with a mobile food vehicle or cart.
h.
Sidewalk/parking lot sales and grand opening events.
1)
Duration. Shall not exceed three (3) consecutive days four (4) times per calendar year.
2)
Hours of operation. Shall not exceed that of the primary use.
3)
Location.
a)
Temporary uses shall be located within the span of control of the primary use, and shall be specifically prohibited from being located on public rights-of-way.
b)
Shall maintain clearances consistent with the Illinois Accessibility Code.
4)
Prohibited activities. Any mechanical work, repair, or similar activity shall be expressly prohibited unless conducted entirely within a fully-enclosed permanent structure.
i.
Private events. Employee picnics or similar events not open to the public shall be permitted within any nonresidential zoning district or on any lot occupied by a church, school, or nonprofit organization, subject to the following:
1)
Duration. Shall not exceed one (1) day in length exclusive of set-up and removal of tents, canopies, signs, inflatable devices, etc.
2)
Shall be kept clean and orderly consistent with the most currently adopted codes and ordinances.
j.
Civic events. Activities sponsored by a church, school, or nonprofit organization, within any nonresidential zoning district or on the lot occupied by such organization, including, but not limited to fairs, festivals, community breakfasts/lunches/dinners, concerts, and collection drives involving such activities as bake, craft, or rummage sales, and car washes. Notwithstanding the foregoing, charity runs/walks and parades may occur on public rights-of-way and private streets so long as permission is granted from the owner of the right-of-way or private street.
1)
Duration. Shall not exceed three (3) consecutive days exclusive of set-up and removal of tents, canopies, signs, inflatable devices, etc.
2)
Frequency. No specific limit shall be placed the number of civic events that can be held on a particular property, however, the occurrence of such events shall not be of a frequency or number of days per calendar year that exceeds that of the principle use of the property.
k.
State of emergency or major storm event; outdoor temporary uses.
1)
When declared by the Mayor, during a State of Emergency or following a major storm event, where the Director determines it to be in the interest of the public good, he may permit outdoor temporary uses, including those not typically considered accessory to the primary use, for a period up to thirty (30) days with any extension of such authorization to require approval by the City Council, provided:
a)
Hours of operation. Shall not exceed that of the primary use.
b)
Location. Shall be located within the span of control of the primary use, and shall be specifically prohibited from being located on public rights-of-way.
c)
Shall maintain clearances consistent with the Illinois Accessibility Code.
M.
Rights of appeal. In the event of a disagreement regarding the Community Development Director's interpretation of these provisions, such disagreement shall be submitted to the Planning Commission for final decision on the requirement and/or the application.
N.
Enforcement. Penalties for noncompliance with the regulations contained in this section shall be in accordance with those established in Section 17.140, Violations and Penalties, of the zoning regulations.
O.
Revocation. The Director of Community Development may revoke a permit granted under this section under the following conditions:
1)
The permit was obtained by fraud or misrepresentation; or
2)
Signs, tents, canopies, inflatable devices, or other temporary structures are not being maintained in good condition and repair; or
3)
When the safety or general welfare of the community is determined to be at risk by the Chief of Police, City Engineer, or Fire Chief.
(Ord. No. 4714, § 2, 6-9-2014; Ord. No. 18-2, § 2, 1-8-2018; Ord. No. 18-103, § 1, 10-22-2018)
Editor's note— Ord. No. 4714, § 2, adopted June 9, 2014, amended § 17.060.220 in its entirety to read as set out herein. Former § 17.060.220 pertained to temporary uses permitted and derived from Zoning Ord. of 2009.
A.
Lighting of buildings. Well-designed lighting, having a color temperature no greater than four thousand (4,000)K, of the building exterior will be permitted, provided that the light source complements the architecture and shall not draw inordinate attention to the building.
B.
Parking area lighting. Parking lot, service areas, and roadway lighting will be provided by wall-mounted or freestanding fixtures with cut-off light sources to assure that the source is not seen from the street or adjacent parcels. The use of lighting with a color temperature no greater than five thousand (5,000)K, with a concealed source and cut-off design; with a height no taller than fifteen (15) feet tall in residential districts; no taller than twenty-five (25) feet tall in commercial districts or in office/business park districts; and no taller than thirty-two (32) feet tall in any industrial districts or manufacturing districts.
C.
Materials of lighting fixtures. The material and color of parking lot light standards will be evaluated in terms of compatibility with the architecture and natural site characteristics. All roadways shall be provided street lighting in accordance with the City's Infrastructure Design Manual.
D.
Underground utilities. All utilities shall be placed underground.
(Zoning Ord. 2009, § 17.060.230; Ord. No. 24-196, § 1, 12-10-2024)
All permitted uses in this City shall comply with all Federal and State environmental laws and regulations adopted there under, and with the following:
A.
Noise and vibrations. In dealing with possible noise impacts, the Development Park will be defined as Class B land, as defined under the State of Illinois Noise Pollution Control Regulations. Ground vibration at any Net Lot Line shall not exceed a peak velocity of 0.05 in/sec when measured at or below ground level. When construction activities are occurring near the Net Lot Lines, related ground vibration shall not exceed o.5 in/sec. This shall be adhered to during construction of buildings adjoining developed areas within the district.
B.
Odors and air emissions. Odors from any use shall not be discernible at any adjacent lot line. The values given in Table II (Odor Thresholds), Chapter 5, "Physiological Effects," in the "Air Pollution Abatement Manual," by the Manufacturing Chemists' Association, Inc., Washington, D.C. shall be used as standard in case of doubt concerning the character of odors emitted. In such case, the smallest value given in Table III shall be the maximum odor permitted. Particulates and all other emissions generated by a property owner's activities shall be licensed via the Prevention of Significant Deterioration (PSD) permit, if applicable by the Illinois Environmental Protection Agency. In any case, particulate emissions will be regulated in accordance with State and/or Federal law. No fugitive particulates from material piles including raw material, products, by-products, and waste piles will be allowed. Also no emissions containing hazardous wastes/materials as defined by RCRA and TOSCA or subsequent revisions of the Acts will be allowed from any source.
C.
Site drainage. Stormwater management shall be in accordance with the Title 18.04 and the City's Infrastructure Design Manual.
D.
Site hazards. Any operation shall be carried on with reasonable precautions against fire and explosion hazards. All areas inside and outside of a building shall conform to all current National Fire Protection Association (NFPA) fire and safety codes. Only minimum quantities of materials including raw materials, reagents, products, by-products and wastes will be stored on-site. Storage, handling, and use of hazardous and/or explosive materials will be in accordance with Illinois Environmental Protection Agency, U.S. Environmental Protection Agency, and Illinois Department of Mines and Minerals rules and regulations, if applicable.
E.
Radioactivity. Operations shall cause no dangerous radiation at any Net Lot Line or in any area where people outside Net Lot Lines could be expected as specified by the regulations of the United States Nuclear Regulatory Commission (NRC). The most current section of Title 10, Chapter 1, Part 20, Code of Federal Regulations, "Standards for Protection Against Radiation, "shall govern the use of radioactive materials. All sources of ionizing radiation will be licensed by either the NRC or the Illinois Department of Health.
F.
Electromagnetic radiation. Any electrical radiation shall not adversely affect at any point, any operations or any equipment other than those of the creator of the radiation. Avoidance of adverse effects from electrical radiation by appropriate single or mutual scheduling of operations is permitted.
G.
Site waste generation. All sewage and industrial waste shall be treated and disposed in such manner as to comply with the air emissions, solid and hazardous waste, and water quality standards applicable. Pretreatment of wastes on-site prior to sewer discharge will be subject to Community Development Director and/or City Engineer approval. Direct surface discharge of waste on-site will not be permitted. A pretreatment facility must be enclosed by structure.
H.
Building materials and disposal. No building materials which will create an exposure hazard to occupants of a facility in excess of Occupational Safety and Health Agency (OSHA) standards will be allowed. All waste and construction materials are to be collected and properly disposed. No waste construction materials are to be incorporated into the fill or a lot.
I.
Violations and accidental spills. All environmental violations including accidental spills are to be reported immediately upon detection to the appropriate agency. Each property owner is responsible for the cleanup and will copy the City Engineer on all correspondence sent or received which is relative to the violation/spill including cleanup. Cleanup plans are subject to review and approval by the City Engineer prior to implementation.
J.
Well-head protection zone. Under the Illinois Groundwater Protection Act, public and private drinking water supplies are protected from potential sources of groundwater contamination by use of setback zones. The purpose of the setback zone is to provide a buffer between the public water supply wells and potential contamination sources or routes. A minimum of a one thousand (1,000) foot setback from well-heads are required, until further investigation designates any potentially hazardous impacts due to particular land uses.
K.
Creeks, canals, and drainage facilities. No structures or accessory buildings shall be located within a flood hazard area unless otherwise authorized by the City Engineer and/or other designated authority.
(Zoning Ord. 2009, § 17.060.240; Ord. No. 24-196, § 1, 12-10-2024)
A.
Domestic animals. In all residential zoning districts, domestic animals may be kept by the occupant of a dwelling. No kennel may be established in a residential district.
B.
Farm animals. Farm animals may be kept in conjunction with a farming operation or stable. No stable or shed providing shelter for said animals shall be closer than two hundred (200) feet to the property line. In no case shall such animals be allowed on a lot of less than five (5) acres.
1.
Exception/chickens. Chickens may be kept in a residential setting, provided all restrictions and requirements of this section are observed accordingly.
a)
Permit required. A permit shall be obtained from the Department of Community Development prior to commencing the keeping of chickens.
1)
Subdivision covenants. The City makes no guarantee as to the legality of chickens or required accessory structures in subdivisions with active subdivision restrictions.
2)
Application for permit. Said permit application shall include all required information as determined by the Community Development Director and shall include, at a minimum, a detailed drawing depicting the yard, coop, run and fencing, including size, height, material and location of each.
3)
Transfer of permit. Permits are not transferrable, and shall not travel with the owner nor transfer to a new owner of the permitted location.
4)
Number of permits. Permits shall be limited to seventy-five (75) for the entirety of the City.
5)
Permit term. Said permit shall be valid for a period not to exceed three (3) years from the date of issuance.
6)
Permit fee. The permit fee shall be established in the Municipal Code under Title 4, Fees.
b)
Allowance. Chicken keeping shall be limited to owner-occupied single-family residential properties with the primary residential structure being detached, regardless of the official zoning district, per the following:
1)
Number. The minimum number of chickens shall be established at two (2); the maximum number of chickens shall be established at six (6). The total lot size shall be used to determine the maximum number of chickens permitted by location, based on one thousand five hundred (1,500) square feet per chicken. Lot size shall have no bearing on required "free range" or "run" area.
c)
Inspections. All residences shall be inspected upon application for permit, prior to issuance. Random inspections may be conducted at any time on an as-needed basis.
1)
Violations. Violations shall subject the permit holder to citation, fines, and penalties, including possible revocation of the permit.
d)
Location of chickens. The keeping of chickens shall be restricted to the rear yard; corner lots without sufficient rear yard space to meet the requirements of this section shall not be eligible for a permit.
1)
Containment. Chickens shall not be kept in any part of the residential structure, including the garage. Chickens shall not be allowed outside of the permitted rear yard area at any time. Permit holders whose chickens are found roaming shall be subject to citation, fines, and penalties, including possible revocation of the permit.
e)
Housing of chickens. Chickens shall be provided a weather- and predator-resistant ventilated coop with definable walls, floor, roof and securable door, per the following:
1)
Coop space. A minimum of four (4) square feet of space per chicken shall be required within the coop. Size of coop shall not exceed fifty (50) square feet and seven (7) feet in height. Coops shall be located a minimum of fifteen (15) feet from side and rear property lines and no less than twenty-five (25) feet from any adjacent residence. Chicken coops shall not count toward the maximum accessory structure limitations.
2)
Run space. Ten (10) square feet of "run" or "free range" space per chicken shall be required. Chickens kept in yards that are entirely fenced may be allowed free range within the permitted fenced in space. Yards that are not completely fenced shall require an additional chicken "run" whether a part of the coop or built separately. Runs shall be made of sturdy small gauge animal fencing such as chicken wire, and shall be covered with additional similar material or netting in a manner that helps prevent chickens from straying.
3)
Installation and maintenance. All coops and runs shall be installed in a sound workmanlike manner and shall be maintained in manner consistent with all adopted property maintenance codes of the City.
f)
Care of chickens. Fresh water shall be provided; feed shall be kept in predator/rodent and weatherproof containers; coops shall be maintained in a safe, clean and sanitary condition. Any manure or waste shall be collected and properly removed from the premises or tilled into the soil on a regular basis to prevent offensive odors or conditions conducive to the spread of disease. Nuisances shall be governed by Chapter 8.12, Nuisances, of the Municipal Code.
g)
Miscellaneous. Chickens may be kept for purely domestic purposes only; no slaughtering of chickens shall take place at the permitted location; no animals, eggs or by-products may be sold on the premises.
h)
Unpermitted chickens. Those currently keeping chickens shall have ninety (90) days to obtain the required permit. An extension may be granted at the discretion of the Community Development Director to allow time to comply with this section. Chickens in excess of maximums allowed shall be relocated within six (6) months of the date of approval of this section.
i)
Grandfathering of permits. Should the City Council take action to eliminate or cease the keeping of chickens at any time in the future, any permit holder approved under the provisions of this chapter shall be allowed to continue to keep the approved number of chickens, so long as the permit holder is otherwise in compliance with this section.
C.
Wild animals.
1.
No person shall own, possess, or have custody on his premises any wild animal for display, training, or exhibition purposes, whether gratuitously or for a fee.
2.
No person shall keep or permit to be kept any wild animal as a pet.
D.
Beekeeping. Bees may be kept in a single-family residential setting, provided all restrictions and requirements of this section are observed accordingly.
1.
State permit. A permit shall be obtained from the Illinois Department of Agriculture prior to commencing the keeping of bees and shall be renewed annually.
2.
City permit. A permit shall also be obtained from the City, valid for a period not to exceed three (3) years from the date of issuance.
3.
Expiration. If the permit holder's registration as a beekeeper with the Illinois Department of Agriculture expires or lapses and is not renewed for a period of more than sixty (60) days, any permit for beekeeping issued by the City shall likewise be deemed automatically revoked.
4.
Application. The permit application for the City shall at a minimum include a detailed drawing depicting the yard, property line location, hive location(s), and screening (if applicable) with size, height, material and location of each. Further information from an applicant may be requested by the City.
5.
Transfer of permit. Permits are not transferrable or assignable in that they shall not travel with the owner to a new site nor assign to a new owner of the permitted location.
6.
Permit fee. The permit fee shall be established in Title 4—Fees the Collinsville Municipal Code
7.
Allowance. Beekeeping shall be limited to single-family residential properties and shall be subject to the following:
a.
Number. The number of beehives per applicant is as follows:
i.
Any single-family property with a lot size of less than ten thousand (10,000) square feet may be allowed up to a maximum of three (3) hives per residence.
ii.
Any single-family property greater than ten thousand (10,000) square feet may be allowed up to a maximum of five (5) hives per residence.
iii.
Any single-family property with a lot size greater than one (1) acre may be allowed up to a maximum of seven (7) hives per residence, with one (1) additional hive per acre above one (1) acre.
iv.
One (1) nucleus colony is permitted in addition to any apiary per residence.
b.
Types of bees. Any species of Apis Mellifera (the common honeybee) or any genus of Osmia (mason bees) shall be allowed. Any other type of bee is not permitted.
c.
Water sources. Beekeepers shall ensure that a convenient and adequate source of fresh water is maintained on the owner's property within ten (10) feet of the hive at all times to mitigate bees from straying from the property in search of water. Examples of sources of water beekeepers can provide include:
i.
A faucet in the apiary that is left to drip steadily,
ii.
Entrance feeders (quart jars with holes in the lids) filled with water and placed on the colony(ies), or
iii.
A tub of water with wood floats to prevent the bees from drowning; however, if using tubs of water, beekeepers shall change the water periodically to avoid stagnation and mosquito breeding.
d.
Stacking of colonies. The stacking of colonies is prohibited; no apiary may have more than one (1) colony per beehive. No colony shall have more than one (1) queen.
8.
Location of hives. The keeping of apiaries shall be restricted to the rear yard.
a.
Containment. Bees shall not be kept in any part of the residential structure, including the garage.
b.
Housing of bees. All bee colonies shall be kept in inspectable type hives with removable combs, which shall be kept in found and usable condition.
c.
Location. Hives shall abide by the setbacks outlined in the Collinsville Zoning Code for Accessory use development and operational standards.
d.
Buffer around schools. No property immediately adjacent to a school building or playground may have any apiary unless said apiary is screened by natural vegetation; or has a six (6) foot solid fence enclosure; or other method as approved by the City.
9.
Nuisances. Any bee hive or beekeeper in violation of this chapter are hereby declared to be a public nuisance which may be abated in the manner prescribed by the Collinsville Municipal Code addressing nuisances, as revised and amended, and/or by injunctive relief by a court of competent jurisdiction.
10.
Inspections. All residences shall be inspected upon application for permit, prior to issuance. Inspections may be conducted at any time on an as-needed basis or in response to complaints.
11.
Violations. Violations shall subject the permit holder to citation, fines, and penalties, including possible revocation of the permit.
12.
Unpermitted bees. All apiaries or beehives in existence as of the effective date of this chapter shall have ninety (90) days to obtain the required permits. An extension may be granted at the discretion of the City to allow time to comply with this section.
13.
Grandfathering of permits. Should the City take action to eliminate or cease the keeping of bees at any time in the future, any permit holder approved under the provisions of this chapter shall be allowed to continue to keep the approved number of apiaries, so long as the permit holder is otherwise in compliance with this section.
14.
Illinois Bees and Apiaries Act. Any regulations not mentioned or required by the City is still subject to the Illinois Bees and Apiaries Act, as amended.
(Zoning Ord. 2009, § 17.060.250; Ord. No. 15-76, § 2, 11-23-2015; Ord. No. 19-60, § 1, 8-26-2019)
Residential composting practices are permitted as an accessory use in the "R-1" and "R-1A" Single Family Residential Districts provided the requirements of this section are met:
A.
Definitions.
1.
Compost means the humus-like product of the process of composting waste, which may be used as a soil conditioner.
2.
Composting means the biological treatment process by which microorganisms decompose the organic fraction of waste, producing compost.
3.
Compost material means solid wastes that are in the process of being composted.
4.
Compost bin means an enclosure with a minimum of three (3) sides, which contains the composting material.
B.
Regulation.
1.
All composting material shall be contained within a compost bin. No open piles are permitted.
2.
Compost bins shall not be debited against the two (2) maximum permitted accessory structures.
3.
Compost bins shall not exceed five (5) feet in height.
4.
In no event shall any composting activity be conducted in a manner which creates an odor, litter, dust or noise nuisance, or attracts vectors or pests.
5.
Operation shall not engage in commercial activity.
C.
Location.
1.
Compost bins shall be subject to the same accessory use and structure requirements as per Section 17.060.040.—Accessory use development and operational standards.
D.
Excluded materials.
1.
Materials that shall be excluded from composting practices include but are not limited to; construction or demolition debris, metal items, petroleum products, bones, fats, oils or other animal products, feces, or manure, except hen manure as permitted by Section 17.060.250.—Animals and beekeeping, or other materials that will cause odor or attract vectors or pests.
(Ord. No. 21-86, § 1, 10-26-2021)
A.
Purpose. The purpose of this section is to provide minimum standards for sustainable, interesting, and attractive building design.
B.
Scope. For zoning districts permitting nonresidential uses, all buildings shall meet the following minimum guidelines based on site plan review.
C.
Intent. It is the intent of the design regulations to:
1.
Create transitions and relationships among the adjacent developments and neighborhoods.
2.
Create value, identity and character within neighborhoods and districts through diverse architectural styles and variety of design details.
3.
Reduce monotony of design in single or multiple building projects and promote variation of detail, form, and site design to provide visual interest.
4.
Activate public streetscapes and other public or community spaces with pedestrian scale design elements.
5.
Avoid blank walls and long, uninterrupted facades along streets and other public or community spaces.
6.
Strengthen building character through the use of a variety of quality and sustainable building materials.
7.
Protect the privacy of residences adjacent to commercial or industrial uses.
8.
Protect adjacent residences from glare resulting in reflective materials.
9.
Ensure that rooflines present a distinct profile and appearance for the building.
10.
Ensure that the primary building entrance is easily identifiable and clearly visible from streets and sidewalks.
D.
Design Guidelines.
1.
Corner Visibility. On a corner lot nothing shall be constructed, erected, placed, planted, or allowed to grow in height in excess of thirty-six (36) inches above the established street grade of intersecting streets within the sight distance triangle. The height that an object is above the established street grade shall be established by measuring from the highest point of an object to a point on the top of curb or pavement edge that lies along the projection of a radial line from the center of the pavement curve through the object being measured.
2.
Façade Design.
i.
Any part of a rear or side façade that is visible from any street shall provide the same roof lines, building materials, and colors as the front façade.
ii.
Windows.
a.
On façades that front a street, windows shall comprise the following minimum percentages of the façade area between two (2) and ten (10) feet above grade:
1.
Office distribution and light industrial buildings—No less than twenty-five (25) percent.
2.
All other buildings—No less than forty (40) percent.
b.
Windows, if not opaque or translucent, shall be oriented in such a manner to preclude a direct line of sight into adjacent dwellings to the greatest extent possible.
c.
Multiple-paned windows shall be used to help create visual interest.
iii.
Massing. Within each one hundred (100) linear feet, including the first one hundred (100) linear feet, street facing facades shall contain at least two (2) differentiated massing elements. Other facades, except those containing service and loading areas, shall contain at least one (1) differentiated massing element within each one hundred (100) linear feet. Differentiated massing elements may include:
a.
Horizontal offsets such as projections and recesses.
b.
Vertical offsets such as varied rooflines.
c.
Varied upper story setbacks.
d.
Primary entrance features meeting the criteria of subsection Section 17.060.260.E.4. Primary entrance design.
iv.
Design features. Within each one hundred (100) linear feet of the building façade, at least three (3) different design features shall be provided. Industrial, manufacturing and distribution buildings, over 40,000 square feet, shall provide at least two (2) different design features every one hundred (100) linear feet of the building façade. Design features shall include:
a.
Belt courses of a different texture and/or color.
b.
Medallions.
c.
Columns.
d.
Pilasters.
e.
Trellis containing planting.
f.
Projecting cornice.
g.
Projecting metal canopy.
h.
Decorative tilework.
i.
Opaque or translucent glass.
j.
Artwork.
k.
Awnings.
l.
Similar architectural details, approved by the City, that meet the intent of this subsection.
3.
Building Materials.
i.
The exterior finish must include at least three (3) visible materials, including windows. The same material with a varying finish or treatment shall not meet this requirement.
ii.
The following materials are permitted:
a.
Primary materials (seventy-five (75) percent of façade or greater):
1.
Brick or tile masonry.
2.
Native stone or synthetic equivalent.
3.
Pre-cast masonry.
4.
Stucco or cementitious finish.
b.
Secondary materials (no greater than twenty-five (25) percent of façade):
1.
Siding (wood, composite, or HardiePlank).
2.
Curtain wall systems should only be used for limited areas, such as connections between buildings, entrance lobbies, etc.
3.
Concrete block (split face block only).
4.
Poured-in-place concrete: options in terms of formwork, pigments and aggregates should be explored to create rich surfaces.
5.
Accent materials (no greater than ten (10) percent of façade):
c.
Accent materials (no greater than ten (10) percent of façade):
1.
Gypsum reinforced fiber concrete (for trim elements only).
2.
Metal (for beams, lintels, trim elements, and ornamentation only).
3.
Split-faced block (only for piers, foundation walls and chimneys).
4.
Ceramic tile.
i.
Other high-quality and durable materials may be approved by the City, that meet the intent of this section.
ii.
Building surfaces shall not reflect light into residential areas or allow light from inside the building to intrude into residential areas.
iii.
The use of highly reflective or glossy materials or coatings should be limited to building accents only.
4.
Primary Entrance Design.
i.
The primary entrance to a building shall be oriented to an adjacent street, not including interstate highways. Said entrances shall be marked by:
a.
Ornamentation around the door; and
b.
At least one (1) of the following:
1.
Recessed entrance (recessed no more than three (3) feet).
2.
Protruding entrance (protruding at least three (3) feet).
3.
Canopy (extending at least five (5) feet).
4.
Portico (extending at least five (5) feet).
5.
Overhang (extending at least five (5) feet).
ii.
Buildings within the same project or development may be clustered so that their primary entrances face internal parks, open spaces, landscape infiltration areas, ponds and bioswales or trails in lieu of an adjacent street.
5.
Roof design. Flat roof lines must include parapet walls as a design feature or a distinct eave and cornice line.
E.
Situation and Screening of Functional Elements.
1.
Gutters and downspouts. Gutters and downspouts may be visible from the public view only if incorporated into the façade and/or roofline as a decorative architectural element.
2.
Mechanical equipment and service areas. External trash receptacles, recycling storage areas, external emergency generators, mechanical equipment, building mounted utilities, utility boxes, pumping stations, utility facilities, loading docks, receivable areas, and outdoor storage areas shall be screened from public view in accordance with the subsection Screening of Outdoor Storage, Mechanical Equipment, and Utilities.
i.
Screening of Outdoor Storage, Mechanical Equipment, and Utilities.
a.
Trash Receptacles, Dumpsters, and Recycling Areas.
1.
If visible from any public right-of way (ROW), screening shall consist of a minimum of six (6) foot-high sight-proof enclosure which meets the following requirements:
a.
Shall be constructed of durable materials that are visually compatible with the architecture of the main building.
b.
Materials may include wood, composite wood, vinyl, masonry, or stone and shall be subject to the review and approval of the City.
2.
If not visible form any public right-of-way, screening shall consist of a minimum six (6) foot-high enclosure which meets the following requirements:
a.
The enclosure shall be a minimum of seventy-five (75) percent opaque.
b.
Materials may include of wood, composite wood, vinyl, masonry, or stone.
b.
Mechanical Equipment and Emergency Generators.
1.
All emergency generators, rooftop mechanical equipment, HVAC, and other ground, wall and roof-mounted accessories (including satellite TV and electronic data dishes and antennae) shall be located to result in the minimum visual exposure to the public and private viewshed.
2.
If a building is situated such that emergency generators, mechanical equipment, or other accessories are visible from any public or private viewshed, all such equipment must be hidden from view to the maximum extent possible using an approved screening device that is integral to the character and function of the building.
3.
All external emergency generators adjacent to residential districts shall include sound buffering cabinets and enclosures which meet the following requirements:
a.
The maximum height of the screening enclosure shall be determined by the City.
b.
Criteria for heights over eight (8) feet shall include, but are not limited to:
i.
Quality of materials.
ii.
Compatibility with the principal structure.
iii.
Security.
iv.
Sound baffling.
F.
On-site Circulation.
1.
Emergency vehicle access. All developments shall be designed to facilitate entry of emergency vehicles onto the site without negotiating tight turns or requiring backing of said vehicles.
2.
Number and location of access points. All developments shall utilize the minimum number of access points to public streets necessary to serve the traffic generated by the proposed use. The primary access shall be provided off a collector or local street designed to serve the type of development proposed. Points of access shall not intersect directly with an arterial street unless adequate provision is made for storage of turning vehicles to minimize disruption of through traffic. Nodal development with limited access to serve several properties shall be required, rather than allowing each property access to a major street. Except where otherwise required by law, access points shall not be approved where alternative feasible means exist to reduce the number of access points or the impact on traffic congestion, safety, or circulation by permitting such access.
3.
Layout of internal driveways and aisles shall be designed to reduce the potential for traffic conflict and provide for maximum visibility, sight distance and safety. All through drives shall be defined utilizing landscaped median islands and stop signs shall be placed at all intersections of such drives with other through drives or public streets. For any driveway in excess of thirty (30) feet in width, channelization using medians may be required to control ingress and egress to the site.
4.
The layout of the parking area shall not result in an adverse impact on existing adjacent development.
5.
For any drive-in or drive-through facility, adequate stacking spaces shall be provided to ensure that vehicles waiting to be served do not interfere with ingress or egress to or from the site or required parking spaces.
6.
All developments shall connect to existing sidewalks and pedestrian pathway infrastructure whenever practicable to increase connectivity between existing development and the streetscape.
G.
Traffic management. All developments shall comply with the City's and/or Department of Transportation's access management standards and subdivision regulations. The City shall have the authority to permit the type, number, and location of all entrances, exits, and circulation patterns on any development site. The City may request documentation as necessary to determine the impact any future improvements may have on the City's transportation system. There are two (2) general levels of documentation that may be required, which include:
1.
Technical assessment letter. Each applicant for development shall be required to furnish the City with an assessment letter, prepared by a certified engineer, of any future traffic impacts, unless waived by the Director. The letter shall include, but is not limited to, the total trips generated during both the a.m. and p.m. peak periods and documentation that adequate stacking, queuing, and intersection spacing is provided.
2.
Traffic impact analysis. A traffic impact analysis is required when the development meets the requirements set by the City's Infrastructure Design Manual. All traffic studies shall be completed by a licensed engineer with Professional Traffic Operations Engineer certification according to the City's Infrastructure Design Manual. Access requirements shall follow the City's Infrastructure Design Manual. The licensed engineer performing the study shall be obligated to the City with the cost for the assessment to be paid by the developer. The developer of any property should expect, as a cost of development, to provide any traffic improvements necessary to maintain the existing level of service.
i.
Estimated trip generation and distribution from the proposed development. Institute of Transportation Engineers (ITE) trip generation rates or an actual trip generation survey of a comparable development should provide the estimate basis.
ii.
Capacity analysis of critical intersections affected by the development-generated traffic. The capacity analysis should be performed for existing traffic demand, traffic demand after completion of the development, and ultimate projected traffic demand. Base ultimate projected traffic volumes shall be provided by city staff. Capacity analysis shall be performed according to the criteria contained in the current edition of the Highway Capacity Manual, FHWA.
iii.
Recommendations for maintaining the existing level of service for each of the critical intersections; recommendations for projected traffic demand after the development is completed; and recommendations for ultimate projected traffic demand. These recommendations may include geometric improvements such as additional turn lanes or changes in traffic control and/or street widening. Level of service shall be defined as in the current edition of the Highway Capacity Manual.
iv.
Review of internal traffic circulation and curb cut locations.
v.
Percentage of contributory traffic by the development of total entering traffic at critical intersections.
vi.
The developer of any property should expect, as a cost of development, to provide any traffic improvements necessary to maintain the existing level of service.
(Zoning Ord. 2009, § 17.120.080; Ord. No. 4403, § 1, 2-28-2011; Ord. No. 20-77, § 1, 8-25-2020; Ord. No. 24-196, § 1, 12-10-2024)
Except as provided in Section 17.060.220, Seasonal and Temporary Uses permitted, temporary buildings/portable structures shall otherwise be permitted for temporary use for a period not to exceed one (1) year for business and manufacturing land uses, in non-residential zoning districts, where the principal building is made uninhabitable by fire, flood or other natural disaster or if a permit for remodeling or renovation or the like has been obtained. The temporary buildings/portable structure shall be located on the same tract or parcel of land where the disaster occurred. The Director of Community Development has the authority to extend the use of the portable building(s) for an additional six (6) months but not to exceed a maximum of eighteen (18) months duration of the use of portable building(s).
(Ord. No. 18-2, § 3, 1-8-2018)
A.
Purpose. The City of Collinsville finds that it is in the public interest to encourage the use and development of solar energy systems as a clean, renewable energy source and to help promote local, clean jobs. The purpose of this section is to facilitate the effective and efficient use of solar energy systems while protecting the public health, safety, and welfare of residents and the general public.
B.
Applicability.
1.
This section applies to new equipment and / or devices which convert sunlight into electricity through photovoltaic cells or panels (referred to hereafter as "solar energy systems".
2.
Roof-mounted solar energy systems are only subject to the regulations found under subheading C., general regulations for solar energy systems.
3.
Pre-existing solar energy systems with valid permits are not required to meet the requirements of this section, and if not in compliance with these regulations, shall be considered legal nonconforming structures and subject to all relevant regulations in Section 17.090.030 regarding the conditions of loss of legal nonconforming status.
C.
General regulations for all solar energy systems.
1.
Construction or installation of solar energy systems shall require review and approval of a building permit.
2.
Primary-use solar energy systems shall be permitted according to the City's Use Table, Section 17.050.010, under the permissibility for NAICS code 221114, Solar Electric Power Generation.
3.
Solar energy systems constructed on properties or structures with historic designation shall be subject to certificate of appropriateness standards/process as defined in Section 17.200, Historic Preservation.
4.
Solar energy systems shall not be constructed or operated in such a way as to project nuisance glare onto neighboring properties or within the public right-of-way.
5.
Site plan required. The applicant shall submit a detailed site plan for both existing and proposed conditions. This site plan shall show the locations of all of the following items:
a.
Solar energy systems with spacing between rows noted (if applicable).
b.
Other structures on the same lot and structures within fifty (50) feet of the nearest edge of a solar energy systems*.
c.
Nearest property lines, rights-of-way, and roads.
d.
Floodplains, wetlands, and other protected natural resources*.
e.
Site topography*.
f.
Electric equipment, including number and location of inverters, batteries, transformers, and method of grid interconnection.
g.
Horizontal solar energy systems elevations with total system height noted (at maximum system tilt, if applicable).
h.
Mounting and/or footing details attested to by a registered design professional.
i.
Equipment access lanes and / or roof setbacks (if roof-mounted).
j.
Groundcover species (if freestanding and on a lot of commercial use)*.
D.
Commercial solar energy systems. Freestanding solar energy systems located on properties of commercial use shall be subject to the following regulations:
1.
Groundcover and stormwater regulations.
a.
A horizontal bounding-box zone encompassing all freestanding photo-voltaic equipment (cells, arrays, panels, etc.) shall maintain a groundcover composed of native perennial grasses and an assortment of native wildflowers (minimum six (6) species).
b.
Groundcover areas and species shall be noted on the Site Plan.
c.
The City Engineer shall reserve the authority to subject some or all of the total area of the solar energy systems to impervious surface calculations within designated floodplain areas to conform to State and Federal floodplain management regulations.
d.
Exemption: Areas directly adjacent to inverters, transformers, batteries, or other energy storage/conveyance equipment or underneath solar energy system carports shall not be required to maintain native groundcover.
2.
Yard and layout regulations.
a.
Commercial solar energy systems shall maintain the following setbacks from adjacent property lines:
1.)
Front yard. Commercial solar energy systems may be constructed in front of the front building line of the primary structure, provided a twenty-five (25) foot front yard setback is maintained.
2.)
Side yard. Ten (10) feet.
3.)
Rear yard. Ten (10) feet.
4.)
Buffer. Solar energy systems shall maintain a minimum distance of five (5) feet from other structures on the same lot.
b.
Commercial solar energy systems shall maintain an aisle width between rows of panels, racks, or other equipment which meets or exceeds the horizontal ground width of the solar energy system panel rows when calculated at minimum vertical tilt.
c.
Exemption. Solar carports shall not be subject to yard and layout regulations, provided that they are constructed over a dedicated off-street parking area and any required landscaping which would be displaced shall be relocated or replaced elsewhere on the property.
3.
Screening of mechanical equipment. All non-photovoltaic mechanical equipment constructed on commercial lots is required to comply with Section 17060.260.E., Situation and Screening of Functional Elements.
E.
Residential solar energy systems. Freestanding solar energy systems located on properties of residential use shall be subject to the following regulations:
1.
Yard and layout regulations.
a.
Residential solar energy systems shall maintain the following setbacks from adjacent property lines:
1.)
Front yard. Solar energy systems for residential uses shall not be permitted in the front yard area (in front of the front building line of the primary structure).
2.)
Side yard. Five (5) feet.
3.)
Rear yard. Five (5) feet.
4.)
Buffer. Solar energy systems shall maintain a minimum distance of five (5) feet from other structures on the same lot.
b.
Residential solar energy systems shall maintain an aisle width between rows of panels, racks, or other equipment which meets or exceeds the horizontal ground width of the solar energy system panels calculated at minimum vertical tilt.
(Ord. No. 23-132, § 1, 11-28-2023)
Note— Site plan items marked with an * asterisk are not required for roof-mounted solar energy systems.