(A) Rules.
(1) Words used in the present tense shall include the future; words in the singular number shall include the plural; and use of masculine gender shall include the feminine gender, and vice versa in these cases.
(2) The word “shall” is mandatory and unconditional, not discretionary.
(3) The word “may” is permissive and conditional.
(4) Any statute or other publication referenced in these regulations shall refer to the latest edition or amendment of such.
(B) General definitions.
(1) ALLEY. A public thoroughfare, not over 20 feet in width, which affords only secondary means of access to abutting property.
(2) BLOCK. Property having frontage on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersections or intercepting street and railroad rights-of-way, waterway, or other barrier.
(3) BUILDING, SETBACK LINE. The line, established by this chapter, beyond which a building shall not extend unless varied according to procedures in this chapter. Also called a BUILDING LINE. This may be applicable to the front, side, and/or rear yard.
(4)
CAPPED SEWERS. Unused pipes that are installed and ready for use when the time comes to tap onto an available community sanitary sewer system.
(5)
CITY. The City of Mattoon, Illinois.
(6) COMMISSION. The Mattoon City Planning Commission.
(7) CONSTRUCTION. The building of a home, garage or other structure, the moving of earth, the laying of culverts or tile, and other similar man-made improvements.
(8) DEVELOPER. Any person, individual, subdivider, trust, or other legal entity commencing proceedings under these regulations to effect a subdivision of land hereunder for himself or herself or another.
(9) DEVELOPMENT. See “Subdivision.”
(10) EASEMENT. A grant, by the property owner for the use of land by the public, a corporation, or persons, for specific purposes.
(11) FLAG LOT. A tract of land not having sufficient width on a road to create more than one lot abutting said road but having sufficient area and depth to be divided into more than one buildable lot that will meet all other requirements of these regulations.
(12)
IMPROVEMENT. Street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping, and other related things normally associated with land development.
(13)
JURISDICTIONAL AREA. This chapter shall be applicable to any and all subdivisions of land within the boundaries of Mattoon, Illinois, and outside the corporate boundaries but within one and one-half miles of the corporate limits.
(14)
LOT. A parcel of land occupied or to be occupied by one building and any accessory buildings or uses authorized in connection therewith, including such open spaces as are required by this chapter, and such open spaces as are arranged or designed to be used in connection with such building. It may be a single parcel separately described in a deed or plat which is filed in the office of the County Recorder, or it may include parts of or a combination of such parcels when adjacent to one another and used as one. In determining the lot area and boundary lines no part thereof within the limits of a street shall be included.
(15) MINOR SUBDIVISION. A minor subdivision shall be considered a subdivision of not more than three lots which shall require no new rights-of-way dedications, easements or access or variations from these regulations. Such MINOR SUBDIVISION may be processed for preliminary and final plat approval simultaneously.
(16) MONUMENT. An object set in the earth to mark a boundary and conforming to State Statutory requirements.
(17)
PERSON. A natural person, corporation, firm, partnership, association, organization, or any other entity acting as a unit.
(18) PLANNING COMMISSION. The Mattoon City Planning Commission.
(19)
PLAT. A map or chart indicating the subdivision or resubdivision of land intended to be filed for record in compliance with these regulations and the Illinois Revised Statutes.
(20)
PUBLIC IMPROVEMENT. Includes streets, water systems, ditches, tile, sidewalks, parks, sewage systems, drainage systems, and other items of construction dedicated to the public.
(21)
REVIEWING AUTHORITIES. The Mattoon Planning Commission and any individual or agency designated by the Planning Commission or these regulations.
(22) SPITE STRIP. A piece of land other than a lot legally meeting the minimum requirements of these regulations, used to separate a public street or road rights-of-way from adjoining property and whose primary purpose is to preclude access to such rights-of-way.
(23) STREET. A public way established or dedicated by duly recorded plat, deed, grant, governmental authority or by operation of law. (Also see divisions (C) and (D))
(24)
SUBDIVIDER. See “Developer.”
(25) SUBDIVISION. At a minimum, those expressed conditions found in the Plat Act, ILCS Ch. 109, latest amended edition, and inclusive of any subdivision or resubdivision of a tract, parcel, or lot of land into two or more parts by means of mapping, platting, conveyance, change or rearrangement of boundaries or otherwise, and shall also relate to the process of subdividing or to the land subdivided where appropriate to the text. The use of metes and bounds of description for the purpose of sale, transfer,
or lease with the intent of evading these regulations, shall not be permitted. Any device or mechanism intended to evade these regulations including but not limited to: the sale, transfer or lease of a parcel or tract of land containing five or more acres to another party where it is intended to sell or transfer back to the seller any part of the parcel or tract which would thereby create a parcel or tract of land containing less than five acres is an evasion of these regulations and shall not be permitted.
(26) SURETY BOND. A bond safeguarding performance of a contract or obligation. The specific amount of the bond shall be determined in accordance with applicable state statutes and these regulations. Also see § 157.33(E) of these regulations.
(27) THOROUGHFARE. A right-of-way, other than an alley, dedicated or otherwise legally established for the public use, usually affording the principal means of access to abutting property. A thoroughfare may be designated as a highway, parkway, boulevard, road, avenue, street, lane, drive, or other appropriate name.
(28)
VARIANCE. A modification of the specific requirements of this chapter granted by the Council in accordance with the terms of this chapter for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and district. The modification may allow a change in standards or use.
(C) Functional classifications of streets.
(1) ARTERIAL. As defined by the Illinois Department of Transportation and utilized in the Federal “Functional Classification System.” Standards for arterials, when necessary, are to be determined on a case-by-case basis in cooperation with County Superintendent of Highways and designed to follow standards of the Illinois Department of Transportation’s Bureau of Design, Design Manual, latest amended edition.
(2)
COLLECTOR. Also called FEEDER. A street or road planned to facilitate the collection of traffic from local streets, linking larger population concentrations to cities and villages, or feeding arterial routes while accommodating shorter trips.
(3) LOCAL. Connects minor population concentrations as found in subdivisions with arterials and collectors; local roads are the minimum class of roads or thoroughfares not considered alleys or driveways and
providing frontage or marginal access serving localized commercial, industrial or residential traffic.
(D) Other thoroughfare, road, and street terms.
(1) AGRICULTURAL. Roads and thoroughfares intended to provide access primarily between farms, and farms and urban centers for the transportation of crops to market or service to the farm; to local public services benefiting the farm population (such as rural schools, fire district buildings); and, agricultural businesses and farms. These roads and thoroughfares are developed primarily for agricultural use and are not designed for general purpose, nonagricultural commercial or industrial use nor for nonagricultural residential use.
(2)
CUL-DE-SAC. Also called COURT or DEAD END. A short street having one end open to traffic and being permanently terminated by some type of vehicle turn around.
(3)
MARGINAL ACCESS. Also called FRONTAGE. A local or collector road constructed adjacent and parallel to an arterial or collector, which provides access to abutting property and ways for traffic to reach controlled or limited points of access on arterials or primary collectors.
(4) SUBDIVISION. Those thoroughfares constructed within a subdivision and intended to primarily carry internal traffic. These thoroughfares are the lowest class intended to serve individual residential lots. For purposes of these regulations, subdivision thoroughfares shall, at a minimum, meet the requirements for local roads.
(Ord. 88-4582, passed 10-18-1988)