The provisions of these regulations shall apply to all structures and land in the incorporated area of the City of Collinsville, Illinois and unincorporated territory located outside of the City in Madison and/or St. Clair County which forms the total community of which the City is a part, as shown on the Official Zoning District Map.

(Zoning Ord. 2009, § 17.030.010)

The jurisdictional area is hereby divided into zoning districts as provided in Section 17.040.

(Zoning Ord. 2009, § 17.030.020)

The boundaries of the zoning districts are shown on the Official Zoning District Map of the City of Collinsville, which shall be filed in the office of the City Clerk. Each of said zoning map, with all notations, references, and other information shown thereon, is as much a part of these zoning regulations as if such notations, references, and other information were specifically set forth herein. Such map shall be marked, "Official Copy of Zoning District Map of the City of Collinsville, Illinois" incorporated into these Zoning Regulations by Adoption of an Ordinance by the Governing Body of the City on the 27th day of January, 2003.

(Zoning Ord. 2009, § 17.030.030)

Where uncertainty exists with respect to the boundaries of the various districts as shown on the Official Zoning District Maps, incorporated herein, the following rules apply:

A.

The boundaries of the districts on the Official Zoning Map shall be determined by the legal descriptions associated with approved zoning petitions, or, lacking such legal descriptions, on the basis of the location of the boundary as depicted on the Official Zoning Map.

B.

Where uncertainty exists regarding the boundaries of districts, the following rules shall apply:

1.

The district boundaries are the centerlines of streets, alleys, waterways, and railroad rights-of-way, unless otherwise indicated; and where the designation of a boundary line on the zoning map coincides with the location of a street, alley, waterway, or railroad right-of-way, the centerline of such street, alley, waterway, railroad right-of-way or the City limits shall be construed to be the boundary line of such district.

2.

Where the district boundaries do not coincide with the location of streets, waterways, or railroad rights-of-way but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.

3.

Where a district boundary line divides a lot of single ownership at the time of the effective date of the ordinance from which this title is derived, the zoning classification of the larger portion may be interpreted to extend into the smaller portion for a distance of no more than twenty-five (25) feet.

4.

In the event the exact location of a boundary cannot be determined by the foregoing methods, the Zoning Hearing Officer shall, upon application, determine the location of the boundary.

(Zoning Ord. 2009, § 17.030.040; Ord. No. 4750, § 2, 9-24-2014)

The following structures and uses shall be exempt from the provisions of these regulations:

A.

Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas, or water, or the collection of sewage or surface water operated or maintained by a public utility but not including substations located on or above the surface of the ground.

B.

Railroad tracks, signals, bridges, and similar facilities and equipment located on a railroad right-of-way, and maintenance and repair work on such facilities and equipment.

C.

Agriculture as defined by these regulations. In the event that any structure or land ceases to be used only for agriculture, then such structure or land shall be subject to the applicable regulations of these regulations.

D.

Retaining walls on public property.

E.

Public signs.

(Zoning Ord. 2009, § 17.030.050)

No structure or land shall hereafter be used or occupied, and no structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with these regulations.

(Zoning Ord. 2009, § 17.030.060)

A preapplication conference with the Community Development Director or his designee shall be required prior to submission of any application for a rezoning, special use permit, sketch plan, preliminary development plan, or preliminary plat. The purpose of this conference is to:

A.

Acquaint the applicant with the procedural requirements of this title;

B.

Provide for an exchange of information regarding applicant's proposed development and the regulations, restrictions and requirements of this title, the Comprehensive Plan and other development requirements;

C.

Advise the applicant of any technical studies or public sources of information that may aid the application;

D.

Identify policies and regulations that create opportunities or pose significant restraints for the proposed development;

E.

Review any proposed concept plans and consider opportunities to increase development benefits and mitigate undesirable project consequences;

F.

Review whether the application is compatible with adjacent proposed or existing development; and

G.

Permit assistance by City staff with the development's general design.

(Zoning Ord. 2009, § 17.030.070)

Unless otherwise indicated in this title or by the Community Development Director, all applications shall contain or be accompanied by the following items and materials:

A.

Date prepared;

B.

Name, address and telephone number of the applicant and the name, address and telephone number of the landowner if different than the applicant;

C.

Affidavit of ownership;

D.

Name, address and telephone number of all persons preparing any technical studies, maps, drawings and documents submitted with the application;

E.

Accurate legal description of the property for which the application is submitted;

F.

Any technical studies that may be required by the Director pursuant to this section;

G.

Statement regarding adequate public facilities and services for the proposed development; and

H.

Small key map with north arrow indicating the location of the property within the City.

(Zoning Ord. 2009, § 17.030.080)

Unless otherwise indicated in this title or by the Director, each map required by this title shall be on paper that is twenty-four (24) inches by thirty-six (36) inches. An eleven (11) by seventeen (17) version of and/or a digital copy of all applications may also be required, as needed, by the Director. The maps shall contain the following:

A.

Date prepared;

B.

Name, address and telephone number of the person who prepared, or person responsible for preparing, the map;

C.

Graphic, engineering scale and north arrow;

D.

Location of property lines of the subject property;

E.

Approximate topography based on USGS datum at ten-foot (10-foot) contour intervals for preliminary submissions (including sketch plans), and five- or two-foot (5- or 2-foot) contour intervals for final submissions (including final development plans); and

F.

Existing land uses, structures and public and private streets.

(Zoning Ord. 2009, § 17.030.090)

A.

Technical Studies Required by the Community Development Director. The Director may require applicants to submit any technical studies that the Director deems necessary to enable the appropriate person or entity to fully evaluate the application. Examples of technical studies that may be required shall include, but not be limited to, traffic studies, engineering studies, geologic or hydrologic studies, flood studies, environmental impact assessments, noise studies, or surface water management/drainage studies. The persons or firms preparing the studies shall be approved by the Director. The costs of all studies shall be borne by the applicant.

B.

Technical Studies Required by Planning Commission or Governing Body. Notwithstanding the fact that the Director did not require submission of a technical study in support of an application, either the Commission or the Governing Body may require the submission of a technical study prior to taking action on an application. In this case, the persons or firms selected to perform the study shall be approved by the entity requesting that the study be performed.

C.

Any decision of the Commission or the Governing Body to require that a study be performed or to disapprove the person or firm selected by the applicant to perform the study shall be final. The persons or firms preparing the studies shall be approved by the Director. The costs of all studies shall be borne by the applicant.

(Zoning Ord. 2009, § 17.030.100)

No application shall be deemed complete until all items required to be submitted by this title have been submitted. Upon receipt of a complete application, the Department shall note the filing date on the application and shall make a permanent record thereof. If the applicant fails to submit required elements, the application will not be considered complete, the application shall not be processed, and the filing, notification and advertising process established by this title will not begin until all required elements have been submitted in the form required by this title.

(Zoning Ord. 2009, § 17.030.110)

A.

Previously existing regulations. Those regulations in effect immediately prior to the effective date of the ordinance from which this title is derived shall be referred to in this section as the "previously existing regulations." This title shall be referred to either as "these regulations" or the Zoning Ordinance.

B.

Administrative permits. All permits issued by an administrative official or governing body, or a legislative body acting in an administrative capacity, prior to the effective date of the ordinance from which this title is derived shall be valid until their expiration under the previously existing regulations. Applications for administrative permits submitted after the effective date of the ordinance from which this title is derived shall be reviewed and evaluated pursuant to the requirements of this title except as further specified below.

C.

Subdivision. Complete applications for preliminary plats submitted prior to the effective date of these regulations shall be processed under the previously existing regulations. Incomplete applications for preliminary plats submitted prior to the effective date of the ordinance from which this title is derived, and which are not submitted in a complete form until after the effective date of the ordinance from which this title is derived, shall be processed under this title. All applications for subdivision approvals submitted after the effective date of the ordinance from which this title is derived shall be reviewed pursuant to this Zoning Ordinance. Subdivision development applications, approved under the previously existing regulations that are allowed to lapse or expire will be subject to reapplication under these regulations.

D.

Zoning. Existing uses, lots and structures may continue either in compliance with these regulations or as legal nonconforming uses subject to the requirements of Section 17.090. Applications for proposed new uses, as allowed in the previously existing zoning districts and not requiring the subdivision of property, may be submitted and developed pursuant to the previously existing regulations for a period of one (1) year following the effective date of these regulations. Applications submitted after the one (1) year period or applications approved under the previously existing regulations that are allowed to lapse or expire and that must be resubmitted will be processed pursuant to this Zoning Ordinance. Building permits issued under this provision may be renewed for a maximum of one year if construction is initiated within one year of adoption of the ordinance from which this title is derived.

E.

Special use permits. The Director shall monitor all outstanding special use permits issued under the previously existing regulations and prior to expiration of the existing special use permit, the permit holder may, if required under this Zoning Ordinance, apply for a special use permit as set forth in Section 17.100.

(Zoning Ord. 2009, § 17.030.120)

It is hereby declared to be the intention of the City that the several provisions of these regulations are separable, in accordance with the following rules:

A.

If any court of competent jurisdiction shall adjudge any provision of these regulations to be invalid, such judgment shall not affect any other provisions of these regulations.

B.

If any court of competent jurisdiction shall adjudge invalid the application of any provision of these regulations to a particular property or structure, such judgment shall not affect the application of said provisions to any other property or structure.

(Zoning Ord. 2009, § 17.030.130)

Any legal lot of record established prior to the adoption of these regulations shall be required to meet the lesser lot area requirements as provided in the previous regulations.

(Zoning Ord. 2009, § 17.030.140)

Notwithstanding any other provision in the zoning code, nothing herein shall be deemed to prevent the City Council from entering into contracts pertaining to the zoning of real estate when it deems necessary.

(Zoning Ord. 2009, § 17.030.150)

A.

Documentation reflecting how common areas will be maintained under the ownership or control shall be submitted prior to civil construction plan approval. The documents shall include, but are not limited to, homeowner's association documents, joint agreements and covenants clearly defining the shared maintenance of common open spaces and detention/retention areas and other utilities within each of the lots and/or phases comprising the proposed development, shared access and parking arrangements, joint maintenance agreements, common design elements including integration of common architectural themes and active and passive open space and landscaped areas, as approved by the City.

B.

Prior to plat/plan approval, the Governing Body may require a development to impose a "back-up" Special Service Area (SSA) or provide other means to generate and/or secure funds sufficient in amount to provide maintenance and otherwise uphold the requirements and restrictions contained within the approved declarations governing the unified control of the development.

C.

If the City Council determines that the trustees or any other entity having ownership or control of common areas are not implementing the declaration of covenants, conditions and restrictions in accordance with the approved documents, the City may take over the ownership or control of said areas, as determined by the Governing Body. The Governing Body may then require the Back-up Special Service Area (SSA) be activated or such means or fines are levied to cover any associated costs of maintenance, installation, and/or implementing any other requirements contained in the declaration of covenants.

(Zoning Ord. 2009, § 17.030.160; Ord. No. 24-196, § 1, 12-10-2024)

A.

For the purpose of single-family residential development in the City's Residential Districts, development rights for land shall vest upon recording of the final plat for such land. If construction has not begun within one (1) year of recording the plat, the development rights shall expire unless an extension is granted.

B.

For all non-single-family development, development rights for land shall vest upon the recording of a final plat or approval of the site plan or specific construction documents for such land. If all permits required for such development have not been issued and the start of construction and the completion of substantial amounts of work under the validly issued permits has not begun within one (1) year of approval of the site plan, the development rights shall expire unless an extension is granted.

C.

The Planning Commission may for good cause as presented by the applicant grant a single extension of vested rights. Vested rights for single-family development shall not be extended for more than one year. For all non-single-family development, an extension of not more than six (6) months may be granted. Applicants seeking an extension shall submit a statement in writing, justifying the extension. In considering an extension, the Planning Commission shall consider the following factors, as well as other relevant considerations:

1.

Undue or unnecessary hardship placed upon the property owner;

2.

The extent to which the current regulations would hinder to complete development;

3.

Extent to which the property can be made to conform with current regulations;

4.

Conformance with the general spirit and intent of the zoning and subdivision regulations; and

5.

Nothing in this subsection shall be construed to exempt development from the provisions of Zoning and Subdivision Regulations except to the extent that the construction or development is expressly shown on the approved final plat or site plan. For example, the right to complete a building in accordance with previously-approved site plans shall not include the right to make other site improvements in accordance with such plan unless such improvements were expressly shown on the plans and cannot, as shown, be revised to conform to the provisions of the Zoning Regulations as amended.

(Zoning Ord. 2009, § 17.030.170)

A.

Notification required. For all permits or authorizations to proceed issued by the City under this Title, all permitees, property owners and/or contractors shall provide written notification to the City when a change of ownership of a property and/or contractor occurs subsequent to an application for, but prior to an approval of any platting procedure, zoning procedure, grading permit, or building permit; or during any development, land disturbance or construction activity; or during the term of an active permit or authorization issued by the City; or prior to the issuance of an occupancy permit (all hereinafter referred to as "development activities"), a written notification of a change in ownership shall be made to the City with notarized signatures from all property transferors and transferees, stating that the property has been subject to a whole or partial conveyance.

B.

Purpose and intent. Projects often require a number of different construction permits or authorizations and it is important that the City know who is responsible for the project's construction and completion.

C.

Procedure.

1.

When a change of ownership of a property occurs during development activities (as defined herein), a written notification of a change in ownership shall be made to the City with notarized signatures from all property transferors and transferees, stating that the property has been subject to a whole or partial conveyance.

2.

The written notification required by this subsection shall provide:

i.

The permit/project number(s), address and locator number or legal description of the property in the letter's subject line.

ii.

All transferors' and the transferees' names, addresses, phone numbers, and email addresses.

3.

All permits or authorizations shall be reissued by the City showing the new transferee as the permittee or authorized party, but the date of the permit or authorization shall remain as when it was originally issued.

4.

When a change in a contractor occurs during development activities, written notification of any change in contractor(s) shall be made to the City with notarized signatures from the property owners and all new contractors, stating that the project has been subject to a change in contractors.

5.

The written notification required by this subsection shall provide:

i.

The permit/project number(s), the address and locator number or legal description of the property in the letter's subject line.

ii.

All owners' names, addresses, phone numbers, and email addresses.

iii.

All new contractor's names, addresses, phone numbers, email addresses, and licenses, if applicable.

iv.

All past contractors' names, addresses, phone numbers, and email addresses.

v.

All engineers' and architects' names, addresses, phone numbers, and email addresses.

6.

All permits or authorizations shall be reissued by the City showing the new transferee as the permittee or authorized party, but the date of the permit or authorization shall remain as when it was originally issued.

D.

Violation; penalty. Failure to comply with the provisions of this chapter may result in the issuance of a Stop Work Order (SWO), citation under applicable Codes, the requirement for submission of new applications, including applicable review and fees, and any other remedies at law or in equity available to the City, including fines and penalties pursuant to Section 1.16.010.—General penalty.

(Ord. No. 18-19, § 7, 2-26-2018)