In order to accomplish the purposes and intent of Section 17.010.020, the City has adopted regulations limiting the density, bulk, and number of dwelling units in each of the residential districts. These regulations limit the occupancy of dwellings in each residential district as provided in Table 5.

In order to accomplish these objectives without prohibiting those group occupancies which are compatible with the neighborhoods in which they are located, and without unlawful restrictions against protected populations, the City adopts the following provisions set forth below.

The division of the City into zoning districts is based on the principle that similar conditions prevail throughout a particular district. Some uses of land are appropriate neither as a "permitted use," "special use," nor a "planned use" in certain districts, and are therefore designated as "administrative uses." This procedure has been developed to permit certain uses, in certain districts, to be approved by the Community Development Director where specified circumstances exist. Administrative Use(s) include:

A.

Non-Clinical Community Home.

(Ord. No. 24-141, § 3, 9-24-2024)

A landowner shall obtain an administrative use permit prior to the issuance of a building permit:

A.

For any use listed as an "administrative use" in the applicable zoning district; and

B.

For any use otherwise requiring administrative use permit by this chapter.

A Non-Clinical Community Group Home (as defined in 17.020.020) shall be allowed only by special use permit as identified in Section 17.050.010 - Use Table - Table 5, and shall be subject to the provisions of Section 17.100, "Special Use Permits."

(Ord. No. 24-141, § 3, 9-24-2024)

A.

Delegation of power. The Community Development Director shall determine whether an administrative use permit shall be granted. In no event shall an administrative use permit be granted where the proposed use is not authorized by the terms of these regulations, or where the standards of this section are not found to exist.

B.

Administrative use permits in residential districts. In no event shall administrative use permits in residential districts be transferable from an owner-applicant-operator to a subsequent owner-operator of the subject real estate or structure.

(Ord. No. 24-141, § 3, 9-24-2024)

A.

An application for an administrative use shall be filed with the City in accordance with this section.

B.

Upon receiving an application for an administrative use permit, the Community Development Director shall process the application to determine its conformity with the applicable standards established in this section. The standards may not be varied in considering the application. In making its decision, the Community Development Director shall grant the application, deny the application, or refer the application back to the applicant for modification.

C.

Appeals from any decision of the Community Development Director concerning the granting or revocation of an administrative use permit approval shall be to the Zoning Hearing Officer pursuant to Section 17.130; provided, however, the Zoning Hearing Officer shall not have the authority to grant a variance of any of these standards or requirements necessary to obtain an administrative use permit.

D.

Any Non-Clinical Community Home that does not strictly meet the administrative requirements described in 17.105.060 may apply for a Special Use Permit to allow for deviation from the requirements described in Section 17.105.060. Such Special Use Permit shall be applied for, and approved, in accordance with Section 17.100. Any Special Use Permit granted for a Non-Clinical Community Home shall be subject to Sections 17.105.070-17.105.090.

(Ord. No. 24-141, § 3, 9-24-2024)

Any person owning or having a cognizable interest in the subject property may file an application to use such land for an administrative use permit provided for in this chapter in the zoning district in which the land is situated. The application shall be submitted to the Community Development Director together with the application fee and such proof that the land and the structure comply with the requirements set forth for the permit, as the Community Development Director may require, including a site plan of the subject property.

The following items shall be submitted in support of an application for an administrative use permit:

A.

All general application requirements, including, but not limited to, Section 17.105.

B.

All filing deposits and fees as established by the City Council within Title 4 of the Municipal Code.

C.

All site plan requirements per Section 17.120 and as amended at the discretion of the Community Development Director.

D.

A comprehensive narrative description of the use sought, including, but not limited to, the proposed operational overview.

E.

Such other information as may be required by the Director relevant to the specific application to ensure compliance with the purposes and provisions of this section.

(Ord. No. 24-141, § 3, 9-24-2024)

An administrative use may be permitted only upon the applicant presenting evidence and bearing the burden of proof that such use meets the standards and requirements established for such classification in this section. No administrative use permit shall be approved unless the Community Development Director finds:

A.

That the use is necessary for the public convenience at that location;

B.

That the use is not injurious to the use and enjoyment of neighboring properties, nor detrimental to the public health, safety, morals, or general welfare;

C.

That adequate utilities, access roads, drainage, and other necessary supporting facilities have been provided for;

D.

That adequate measures have been provided to accommodate ingress and egress so as to avoid congestion, not unduly impede surrounding traffic flows, or create hazardous or unsafe conditions;

E.

That the use will conform to all other requirements of the district;

F.

That the number of residents complies with requirements of this City of Collinsville Zoning Ordinance;

G.

That parking requirements as set by the City of Collinsville Zoning Ordinance have been met, specifically that off-street parking for Non-Clinical Community Homes shall have one (1) parking space per every two (2) individuals with disabilities on site plus one (1) parking space for each live-in staff member, if applicable;

H.

In order to ensure that the structure and rooms are used as originally designed and intended, the proposed use will not require or include structural alterations as that term is defined in the Building Code adopted by the City;

I.

The structure meets the requirements of the City's housing, building, and fire codes for residential housing purposes as set forth in the Municipal Code of the City of Collinsville or the codes adopted by reference;

J.

Users and occupants have received any and all required approvals from other governmental bodies which permits use of the premises in conformance with the approval for which they have applied;

K.

For group occupancy, there shall be a minimum of one hundred and twenty (120) square feet of bedroom space for every two (2) residents for residential uses. No more than two (2) individuals shall occupy any bedroom in determining group occupancy.

L.

For group occupancy, the property owner or agent shall inform occupants of the property in writing either in a written lease or by a sign prominently posted at the property that the occupants shall not park in other than the provided off-street parking from midnight (12:00 a.m.) to 6:00 a.m.

M.

Any group occupancy required by law to obtain a license from the state or its subdivisions for family care facilities and group care has received a license permitting it to operate from the relevant governmental body and a permit or approval document for the specific address indicating the specific address is approved and identifying the number of residents included in that approval.

(Ord. No. 24-141, § 3, 9-24-2024)

A.

In any case where an administrative use has not been established within six (6) months after the granting of the administrative use permit, then without further action by the City, the administrative use permit shall be null and void.

B.

If an administrative use permit, including an existing use, has been discontinued for a period of one (1) year or more, it shall not be re-established without obtaining a new administrative use permit as provided for in 17.105.050.

(Ord. No. 24-141, § 3, 9-24-2024)

A.

Violations. Any violation of this Chapter 17.105 shall be subject to the provisions of Section 17.140 et seq.

B.

Revocation of an administrative use permit. The Community Development Director may initiate the revocation of an administrative use permit upon giving the owner and any interested persons who applied for the use at least ten (10) days written notice of the grounds for revocation. Administrative use permit approval of a group occupancy granted under the authority of this section is subject to revocation for any or all of the following reasons:

1.

Noncompliance with any applicable requirement as set forth in this section.

2.

Violation of any provisions of the Code of Ordinances pertaining to the use of the land, construction or uses of buildings or structures or activities conducted on the premises by the permit holder, agents of the permit holder, or tenants.

3.

Violation of any other applicable provisions of the Code of Ordinances or any state or federal law or regulation by the permit holder, agents of the permit holder, or tenants, provided that such violations relate to the conduct or activity authorized by the administrative use permit or the qualifications of such persons to engage in the permitted use.

4.

The owner or interested person applying for the use has knowingly furnished false or misleading information or withheld relevant information on any application for any use or knowingly suffered or caused another to furnish or withhold such information on their behalf;

5.

The owner, permit holder, agent of the permit holder, or tenant has violated any of the provisions of this section, or that the property no longer complies with the standards necessary to obtain an administrative use permit; provided, however, that the Community Development Director shall give at least ten (10) days prior written notice to the owner of the alleged violation of the manner in which the property no longer complies with the standards, with the opportunity to correct the problem during said time. The property owner shall be responsible for the acts of their agents, employees, tenants, licensees, and occupants. Violations of Section 17.090, Nonconformities, shall not be cause for revocation;

6.

Revocation is necessary to preserve the public health, safety, and welfare of the community;

7.

Attempted transfer of a permit in violation of this section; or

8.

The property has become a nuisance as that term is defined in Section 17.105.090.

C.

Procedure for Revocation.

1.

Revocation proceedings may be initiated following written notice to cure as issued by the Community Development Director in accordance with 17.105.080.B.5.

2.

Unless the permit holder and the landowner agree in writing that the permit is to be revoked, the Zoning Hearing Officer shall hold a hearing to consider revocation of the permit, at which the Community Development Director shall present evidence of alleged violations.

3.

The City shall give the permit holder and landowner notice of the scheduled revocation hearing at least fifteen (15) days prior to the date scheduled for such hearing by certified mail, return receipt requested. If such notice cannot be delivered or is not accepted, notice may be given by publishing a notice of hearing in a newspaper of general circulation in the City or by posting a notice of hearing on the property at least fifteen (15) days prior to the date scheduled for the hearing.

4.

At the revocation hearing before the Zoning Hearing Officer, the permit holder and/or landowner may appear itself or through representation, and may present testimony and witnesses in its defense.

5.

The Zoning Hearing Officer shall take final action regarding the revocation of the administrative use permit within thirty (30) days of the hearing.

6.

All appeals of the Zoning Hearing Officer's decision shall be appealable in accordance with the Administrative Review Law.

(Ord. No. 24-141, § 3, 9-24-2024)

A property shall be considered a nuisance when any of the following shall occur:

A.

The owner, agents, employees, tenants, licensees, or occupants have been found guilty of three (3) or more violations of this code for occurrences in any twelve (12) month period arising out of the use of said property or occurring on said property.

B.

The owner has received three (3) or more notices for the property from the Community Development Director during any twelve (12) month period which have not resulted in revocation of the administrative use permit due to the fact that the owner has corrected the alleged violation.

C.

Any violation Chapter 8.12 of the Code of Ordinances.

If a property with an administrative use is in violation of this section, such nuisance shall be adjudicated via the procedures outlined in Chapter 8.12 of the Code of Ordinances.

(Ord. No. 24-141, § 3, 9-24-2024)