The following words, phrases, and terms, whenever they occur in this title, shall be interpreted as herein defined:
ACCESSORY USE OR BUILDING: A subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, when permitted by district regulations.
AGENT: A person acting on behalf of another.
AGRICULTURAL USES: Includes farming, dairy, pasturage, agriculture, horticulture, floriculture, viticulture and, where conditionally permitted, livestock, animal and poultry husbandry and necessary accessory uses secondary to normal agricultural activities. All agricultural uses shall comply with applicable federal, state and village health and environmental regulations.
ALLEY: Any public or private way dedicated to public travel of less than fifty feet (50') in width, but not less than sixteen feet (16') in width.
APARTMENT: A room, suite or group of rooms arranged, designed, used or intended to be used as a single housekeeping unit, located in a multiple-family building. Complete kitchen facilities, permanently installed, must always be included for each housekeeping unit.
AS BUILT PLANS: Final plans showing all changes in the proposed plans, indicating in detail how the project was constructed.
AUTO WRECKING YARD: Any place where two (2) or more vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operating condition, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof; and including any farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles or merchandise. See definition of Recycling Center.
AUTOMOBILE REPAIR, MAJOR: Major part replacement, major repair or rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint shop; or vehicle steam cleaning.
AUTOMOBILE REPAIR, MINOR: General maintenance and tuneup of a vehicle; replacement of parts and motor services to passenger cars and trucks not exceeding two (2) tons.
AUTOMOBILE SERVICE STATION: A place where fuel, lubricating oil or grease, for operation of automobiles, is offered for sale directly to the public on the premises, and including minor accessories and services for automobiles, but not including automobile repairs, and including washing of automobiles where no chain conveyor, blower or steam cleaning device is employed. When the dispensing, sale or offering for sale of motor fuels or lubricants is incidental to the conduct of a public garage, the premises shall be classified as a parking garage.
BASEMENT: A story partly below grade, with at least one-half (1/2) of its height (measured from floor to ceiling) above grade.
BLOCK: The distance, as measured along a street, between intersecting streets from centerline to centerline; and where the context requires, the term also means the enclosed area within the perimeter of the streets or property lines enclosing it.
BOARD: Unless otherwise indicated, the board of trustees of the village.
BOARDING HOUSE: A lodging house at which meals are provided. See definition of Lodging Room.
BUILDING: Any structure which:
A. Is permanently affixed to the land; and
B. Has one or more floors and a roof.
BUILDING, DETACHED: A building surrounded by open space on the same lot.
BUILDING HEIGHT: The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof, to the deck line of a mansard roof, and to the mean height level between the eaves and ridge of a gable, hip or gambrel roof; provided, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.
BUILDING LINE: A line so designed on the preliminary plan, which delineates the minimum open space required between the front or side of a structure and the street right of way.
BUILDING, PRINCIPAL: A nonaccessory building in which the principal use of the lot on which it is located is conducted.
BULK: The term used to indicate the size, setbacks and mutual relationships of buildings or other structures, and includes:
A. The size and height of the building or other structure;
B. The gross floor area of the building in relation to lot area (floor area ratio);
C. The amount of lot area provided per dwelling;
D. The location of buildings or other structures in relation to lot lines or other buildings; and
E. All open areas relating to a building or other structure.
BUSINESS: Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor, and materials, or where services are offered for compensation.
CAFE: See definition of Restaurant.
CARPORT: A roofed accessory building or structure providing space for the parking of motor vehicles and containing not more than two (2) enclosing walls, screens, lattices, or other material. When attached to a principal building, a carport shall be considered a part of the principal building and subject to all applicable bulk regulations for the district in which it is located.
CARRYOUT RESTAURANT: An eating establishment where food or beverages are primarily packaged to be carried away from its place of sale and not consumed on the premises.
CELLAR: A story with more than one-half (1/2) of its height (measured from floor to ceiling) below grade.
CLINIC, MEDICAL: A building containing the offices and associated facilities of one or more practitioners and allied professional assistants for the purpose of carrying on their professions and providing medical, dental, psychiatric, osteopathic, chiropractic, physical therapy, or similar services for outpatients only. The clinic may include an accessory medical laboratory.
CLUB, NONBUSINESS: A nonprofit organization of bona fide members paying annual dues, organized for social, educational or recreational purposes.
CLUB OR LODGE, PRIVATE: A nonprofit association, or group of persons who are bona fide members paying dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests.
CODE: The village code of Sherman, Illinois, and amendments thereto.
COLLECTOR STREET: A street of relatively short length that serves as a connection between a major or secondary thoroughfare and several minor streets. The term includes the principal entrance streets of a residential development and streets for major circulation within such a development.
COMMERCIAL DAYCARE CENTERS: Any childcare facility receiving more than eight (8) children for daytime care during all or part of a day. The term "commercial daycare center" includes facilities commonly called childcare centers, day nurseries, nursery schools and kindergartens.
COMMUNITY FACILITY: A facility which provides a service that is educational, spiritual, social or recreational in nature, and which operates primarily for the benefit and welfare of the residents within the area it is intended to serve.
COMMUNITY, WELFARE, OR HEALTH CENTER: A community service facility where social, recreational, welfare, health, or childcare assistance is provided by a public, quasi-public, tax exempt church, or governmental agency.
CONSTRUCTION: The performance of all things necessary to build, rebuild or improve a road or street.
CONSTRUCTION OFFICE, TEMPORARY: An office which is located in a temporary structure at a construction site where consulting, recordkeeping, clerical work, or other business of a construction contractor is carried on during the term of construction.
CONSTRUCTION PLANS: The drawings prepared in the manner and containing the date, documents and information required in this title.
CONTRACTOR'S MAINTENANCE YARD: An open yard and/or enclosed structure for storage of construction or contractor's supplies and operational equipment, but not constituting a junkyard or salvage yard; may or may not be located on the same zoning lot as the contractor's office.
CONTRACTOR'S OFFICE: A business office carrying on operations which may be physically separate (on another zoning lot) from the contractor's yard and/or maintenance yard.
COUNTY: The county of Sangamon, state of Illinois.
CUL-DE-SAC: A short street having only one outlet for vehicular traffic and having the other end permanently terminated by a turnaround for vehicles.
CURB AND GUTTER: The level of the established curb in front of a building or structure measured at the center of such front. Where no curb level has been established, it shall be deemed to be the established level of the centerline of the street surface in front of a building or structure, measured at the centerline of each front.
DEAD END STREET: See definition of Cul-De-Sac.
DENSITY: The number of living units per acre allowable under the schedule of district regulations.
DISTRICT: A section or part of the incorporated or unincorporated portion of the village for which the use regulations are uniform.
DRAINAGE COURSE: A natural watercourse, swale, gully, dry stream or ditch which naturally carries stormwater runoff or which is fed by a street or building gutters or by stormwater sewers.
DRIVE: See definition of Street.
DRIVE-IN ESTABLISHMENT: An establishment which accommodates patrons' automobiles on the premises, allowing service to the patrons in their automobiles.
DRIVE-IN RESTAURANT: An eating establishment where food or beverages are dispensed and where such food or beverages may be generally consumed on the premises within automobiles or vehicles.
DRIVEWAY: A private road providing access to a garage, house or other building.
DUPLEX: A residence containing only two (2) dwelling units. See definition of Dwelling, Two-Family.
DWELLING: A permanent building used primarily for human habitation but not including facilities for the housing of transient residents nor to include mobile homes.
DWELLING, MULTIPLE-FAMILY: A permanent building or portion thereof providing separate living accommodations for three (3) or more families.
DWELLING, SINGLE-FAMILY: A permanent building, separate and freestanding, in itself providing living accommodations for one family.
DWELLING, TWO-FAMILY: A permanent building designed exclusively for occupancy by two (2) families.
EASEMENT: A nonprofitable interest in land owned by another that entitles the village the right to use land, but only for a limited and specifically named purpose.
EMPLOYEES: Whenever reference is made in this code to a village employee by title only, this shall be construed as though followed by the words "of the village of Sherman".
ENGINEER: The engineer for the village of Sherman.
FAMILY: One or more persons each related to one another by blood, marriage or adoption, or a group of not more than five (5) persons not all so related maintaining a common household in a dwelling unit which is not a "boarding house" or "lodging room" as defined in this section.
FAMILY CARE FACILITY: A facility providing shelter, counseling, and other rehabilitative services in a family like environment of six (6) or fewer residents, and not more than two (2) staff or supervisory personnel, not legally related to the facility operators or supervisors, who, by reason of mental or physical disability, chemical or alcohol dependency, family or school adjustment problems, require a minimum level of supervision, but do not require medical or nursing care or general supervision, and which is licensed and/or approved by the state of Illinois, or by a state agency. A family care facility may also include uses such as foster homes, halfway houses, community residential alternative facilities, or house individual programs.
FAMILY DAYCARE HOME: Family homes which receive not more than eight (8) children for care during the day.
FEE: Fixed charges, levied by the village, to defray costs of administration associated with various provisions of this code.
FENCE: An enclosure, barrier, or boundary made of posts, boards, wood, wire, stakes, stone, brick, earth, rails or vinyl.
FINAL PLAT: The final survey and drawing with supporting material indicating the subdivider's plan of the subdivision, which, after board approval, shall be filed with the Sangamon County recorder of deeds.
FLOOD: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.
FLOOD CREST ELEVATION: The maximum instantaneous elevation of the water surface during the period of a 100-year flood as established by the U.S. federal management agency, federal insurance administration.
FLOOD HAZARD AREA, SPECIAL OR SFHA: Are synonymous. Those lands within the jurisdiction of the village of Sherman, Illinois, the extraterritorial jurisdiction of the village of Sherman, Illinois, or that may be annexed into the village of Sherman, Illinois, that are subject to inundation by the base flood. The floodplains of the village of Sherman, Illinois, are generally identified as such on panel numbers 0075, 0100, 0235 and 0255 of the countywide flood insurance rate map of Sangamon County, Illinois, prepared by the federal emergency management agency and dated effective August 2, 2007. Floodplain also includes those areas of known flooding as identified by the community.
The floodplains of those parts of unincorporated Sangamon County, Illinois, that are within the extraterritorial jurisdiction of the village of Sherman, Illinois, or that may be annexed into the village of Sherman, Illinois, are generally identified as such on the flood insurance rate map prepared for Sangamon County, Illinois, by the federal emergency management agency and dated effective August 2, 2007.
FLOODWAY: That portion of the floodplain required to store and convey the base flood. The floodway for the floodplains of the Sangamon River and Fancy Creek shall be as delineated on the countywide flood insurance rate map of Sangamon County, Illinois, prepared by FEMA and dated effective August 2, 2007. The floodways for each of the remaining floodplains of the village of Sherman, Illinois, shall be according to the best data available from federal, state, or other sources.
FLOOR AREA: The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of exterior walls or from the centerline of walls separating two (2) buildings. However, the floor area of a building does not include:
A. Cellar space;
B. Elevator shafts or stairwells, accessory water tanks, or cooling towers;
C. Attic space, whether or not a floor actually has been laid, providing structural headroom of less than seven feet six inches (7'6");
D. Uncovered steps;
E. Terraces, breezeways, or open porches; provided, that not more than fifty percent (50%) of the perimeter of such terrace, breezeway or open porch is enclosed;
F. Floor space used for accessory off street loading spaces, up to two hundred percent (200%) of the amount required by the applicable regulations; and
G. Floor space used for permitted or required accessory off street parking spaces located at not more than twenty three feet (23') above grade.
FUNERAL HOME: A place where corpses are prepared for visitation, service, or burial.
GARAGE, PUBLIC: Any building where automotive vehicles are painted, repaired, rebuilt, reconstructed and/or stored for compensation.
GARBAGE: Food waste, refuse, or something left as worthless or useless.
GAS STATION: See definitions of Service Station and Automobile Service Station.
GRADE: With reference to a building or structure, is the average elevation of the ground adjoining the building or structure on all sides. In case walls are parallel to and within five feet (5') of a sidewalk, the ground level shall be measured at the sidewalk.
GRINDER PUMP: An electrical pump used to reduce sewer mass into sewer waste and pump said sewer waste through village sewer lines.
GROUP CARE FACILITY: A facility providing shelter, counseling, and other rehabilitative services in a family like environment to more than six (6) but less than fifteen (15) residents, and not more than three (3) staff or supervisory personnel not legally related to the facility operators or supervisors, who, by reason of mental or physical disability, chemical or alcohol dependency, or family or school adjustment problems, require a minimum level of supervision, but do not require medical or nursing care or general supervision, and which is licensed and/or approved by the state of Illinois or by a state agency.
GUESTHOUSE: Living quarters within a detached accessory building located on the same premises with the main building for use by temporary guests of the occupants of the premises. Such quarters shall have no kitchen facilities nor be rented or otherwise used as a separate building.
HAZARDOUS MATERIALS: Any material or substance in any form or quantity which might be harmful to life, property, or the environment as defined by the Illinois Compiled Statutes and applicable regulations.
HOME OCCUPATION: An occupation customarily carried on in a dwelling unit by a member of the occupant's family, and which meets the criteria contained in section 10-12-20 of this title.
HOTEL: A building or part of a building, with a common entrance or entrances, in which dwelling units or rooming units without kitchen units are used primarily for transient occupancy, or in which other special services are provided in addition to those listed in the definition of "hotel, apartment" of this section. A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms or meeting rooms.
HOTEL, APARTMENT:
A. A building or part of a building, with a common entrance or entrances, in which the dwelling units or rooming units are used primarily for permanent occupancy and may have kitchen units, and in which one or more of the following special services are provided:
1. Maid service.
2. Furnishing or laundering of linen.
3. Telephone, secretarial, or desk service.
4. Bellboy service.
B. An apartment hotel may include a restaurant, beauty shop, barbershop, or drugstore; provided, that in residence districts, such facilities shall be accessible only through the lobby, and that no signs shall be visible from the street, except as permitted by the applicable district regulations. An apartment hotel, which includes public banquet halls, ballrooms, or meeting rooms, shall be treated as a hotel for the purposes of this title.
IMMEDIATE FAMILY MEMBER: One or more persons each related by blood, marriage or adoption and maintaining one common household.
INSTITUTION: A facility or establishment providing shelter, counseling, general or specialized care, or nursing care, dedicated to public service, education, fraternal or philanthropic purposes. An institution includes uses such as nursing homes, sanitariums, all types of facilities for children, the aged, and mentally and physically disabled.
JUNKYARD (SALVAGE, WRECKING YARD, AUTO GRAVEYARD): Any establishment, building, or area maintained, used or operated for the storing, keeping, dismantling, disassembling, buying, or selling of machinery, appliances, or other similar materials; or inoperable, wrecked, scrapped, ruined, or discarded automobiles, automobile parts, vehicles, or vehicle parts. Any premises on which there remains an inoperable, partially dismantled, wrecked, or junk automobile(s) or vehicle(s) as a permanent storage place shall be considered dead storage and, for the purposes of this title, shall be deemed an automobile graveyard or junkyard.
KENNEL, COMMERCIAL: Any lot or premises on which two (2) or more dogs, at least four (4) months of age, are kept, boarded for compensation, or kept or bred for sale.
LICENSE: The permission granted for the carrying on of a business, profession or occupation.
LOADING, OFF STREET: A space, accessible from a street, alley or way, in a building or on a lot for the use of trucks while loading or unloading merchandise or materials.
LOCATION MAP: A preliminary drawing of a proposed subdivision indicating the outline of the area to be subdivided with approximate boundary dimensions and total acreage along with any existing and proposed roads, utilities, and other public facilities expected to service the area.
LODGING ROOM: A room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one lodging room. See definition of Boarding House.
LOT: A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on any improved public street and may consist of:
A. A single lot of record.
B. A portion of a lot of record.
C. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
D. A parcel of land described by metes and bounds; provided, that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this title, and the plat act, 765 Illinois Compiled Statutes 205/0.01 et seq.
LOT AREA: The area of a horizontal plane bounded by the vertical planes through front, side and rear lot lines.
LOT, CORNER: A lot situated at the junction and abutting on two (2) or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty five degrees (135°) or less.
LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
LOT WIDTH: The distance from side lot line to side lot line at the required front yard line.
MAINTENANCE: The performance of all things necessary to keep a highway in serviceable condition for vehicular traffic. Maintenance includes the plowing of snow.
MAYOR: See definition of Village President.
MISDEMEANOR: Any offense for which a sentence to a term of imprisonment in other than a penitentiary for less than one year may be imposed.
MOBILE HOME: A structure designed or intended for permanent habitation, and designed with a fixed axle and wheels, whether wheels or axle are attached or not. Mobile homes shall only be located in mobile home parks 1 .
MOBILE HOME CONVERSION: When a mobile home has been modified, adapted, and/or converted and approved pursuant to the codes and regulations and attached to the ground by a permanent foundation. A mobile home or a mobile home conversion shall not be allowed as a building, but shall remain subject to all provisions of this code applicable to mobile homes 2 . Mobile homes and trailers shall be defined as the same.
MOBILE HOME PARK: A contiguous parcel of land which has been planned and improved for the placement of mobile homes. Developments or portions of development intended for the sale of individual lots or parcels for the placement of mobile homes on permanent foundation shall not be included within the definition of a mobile home park 3 .
MODULAR HOME: A dwelling designed partially or intended for permanent habitation which is constructed at a factory or plant and then assembled at the building site. Modular homes shall meet the minimum building standards established by the village of Sherman.
MORTUARY: See definition of Funeral Home.
MOTEL: A building or part of a building, with a common entrance lobby, common entrance or entrances, or may have doorway(s) opening directly to the outdoors, in which lodging units or rooming units, normally without kitchen facilities, are used primarily for transient occupancy, in which other special services are provided in addition to those listed in the definition of "hotel, apartment" of this section. A motel may include, but is not limited to, a restaurant, cocktail lounge, gift shop, public banquet hall, ballroom, meeting room, swimming pool, recreational facility, or holidome.
MOTOR FREIGHT TERMINAL: A building or premises in which freight is received or dispatched by motor vehicle.
NATURAL GRADE LEVEL: The mean level of the ground immediately adjoining the portion or portions of the wall or walls along the total length of the building.
NONCOMPLYING BUILDING OR OTHER STRUCTURE: Any lawful building or other structure which does not conform with the applicable bulk regulations for the district, either on the effective date hereof or amendments hereto.
NONCONFORMING USE: Any lawful use of a building or other structure or a tract of land which does not conform to the applicable use regulations for the district, either on the effective date hereof or as a result of a subsequent amendment hereto. However, no principal use shall be deemed nonconforming because of failure to provide required accessory off street parking spaces or required accessory off street loading spaces, nor because of the existence of accessory signs, business entrances, or show windows which are themselves nonconforming uses.
NUISANCE:
A. Anything detrimental to the public health, safety, welfare or well being.
B. Any act or omission detrimental to the health, welfare, safety or well being of the village or its inhabitants.
NURSING HOME: A private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders. Such a home may contain equipment for surgical care or for treatment of a disease or injury, but does not include maternity care or mental illnesses.
OCCUPANT: As applied to a building or land, shall include any person who occupies or controls the whole or any part of such building or land, whether alone or with others.
OFF STREET LOADING SPACE: An on the property space for temporary parking of a commercial vehicle while loading or unloading which abuts upon a street, alley or other appropriate means of access. Such space shall not be less than ten feet (10') in width, fourteen feet (14') in height and twenty five feet (25') in length, exclusive of access isles and maneuvering space, unless otherwise specified.
OFF STREET PARKING SPACE (ACCESSORY): A space provided to service a principle use with or without remuneration.
OFF STREET PARKING SPACE (COMMERCIAL): A space provided which is not intended to serve a principal use, or is intended to serve a general area or a variety of uses, and in which cars are parked subject to remuneration, whether such space is contained within a ramp or structure, or whether such space is contained within a surface level parking lot.
OFFENSE: Any act forbidden by any provision of this code or the omission of any act required by the provisions of this code.
OFFICERS: Any officers of the village of Sherman. Whenever reference is made in this code to a village officer by title only, this shall be construed as though followed by the words "of the village of Sherman".
OPEN PORCH: An unobstructed entrance to a building which has no enclosing or confining walls, but which may be covered and have poles or posts as supports for the covering.
OPEN SPACE: The total area in square feet which is countable as open space but is not paved in streets, walks or driveways and is suitably improved for public or private recreational pursuits of all residents. Recreation space should provide for active and passive recreation activities. That part of a recreation area having a dimension of less than twenty feet (20') shall not be included as countable recreation space. In addition, countable recreation space must be at least twenty feet (20') away from any residential wall containing a window on the ground floor.
OPERATOR:
A. The person who is in charge of any operation, business or profession.
B. The person who is in control of the operation of any motor vehicle within the corporate limits of the village.
OWNER: Any person with an ownership or interest in property, whether real, personal or mixed, including, but not limited to, any fee simple ownership, tenant in common, joint tenant, lessee, trustee, beneficiary under any trust, receiver, assignee or personal representative.
PACKAGE LIQUOR: Where alcoholic beverages are sold in original packages at retail for consumption off the premises.
PARK: Any publicly owned park, playground, beach or parkway.
PEDESTRIANWAY: A public right of way across or within a block designed primarily for use by pedestrian traffic.
PERSON: Any public or private corporation, firm, partnership, association, organization, government or any other group acting as a unit, and any trustee, receiver, assignee or personal representative, as well as a natural person.
PERSONAL PROPERTY: Every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right of interest therein.
PLAN COMMISSION: The planning committee of the village of Sherman.
PLANNED UNIT DEVELOPMENT: Any area or tract of land of ten (10) acres or more under single or common ownership to be developed as a single entity and classified as a conditional permitted use in a residential district.
PRELIMINARY PLAN: Refers to a preliminary survey, drawings, and supportive material indicating the proposed layout of a subdivision.
PRIVATE GARAGE (COMMERCIAL): An accessory building occupied by the motor vehicles of the business or businesses located on the same zoning lot.
PRIVATE GARAGE (RESIDENTIAL): Any accessory building occupied by the passenger motor vehicles of the families residing on the same zoning lot. This may include not more than one commercial vehicle of not more than two (2) tons' capacity.
PUBLIC GARAGE: Any building, other than that herein defined as a "private garage", used for storage or care of motor vehicles, or where such vehicles are equipped for operation, minor repairs, or kept for remuneration.
PUBLIC IMPROVEMENT: Refers to site grading, or any street, curb and gutter, sidewalk, drainage ditch, sewer, catch basin, pedestrianway, street name and traffic control sign, or other facility necessary for the general use of property owners in a subdivision.
PUBLIC SERVICE AREA: An area including such uses as fire and police stations, telephone exchanges, radio and television transmitting and relay stations and towers, filter plants and pumping stations and similar uses.
RECORDER: The recorder of deeds for Sangamon County.
RECREATION SPACE: See definition of Open Space.
RECYCLABLE MATERIALS: Any nonhazardous municipal solid waste materials subject to recovery techniques.
RECYCLING CENTER: A facility dedicated to operations involving the collection, segregation and processing of nonhazardous materials including glass, newspapers, cardboard, magazines, office paper, soda/beer cans, rubber tires, food/juice cans, plastics, food, yard waste, appliances and motor oil.
RECYCLING DROP-OFF POINT: A place where recyclable materials may be deposited for collection and off site processing.
REFUSE: All waste products resulting from human habitation, except for sewage.
RESIDENCE OR RESIDENTIAL: A building or part of a building containing dwelling units or rooming units used primarily for permanent occupancy. For the purposes of this title, residences include all single-family or two-family houses, multiple dwellings, boarding or rooming houses, or apartment hotels. However, residences do not include:
A. Transient accommodation, including accommodations in hotels, motels or tourist cabins, or trailer or mobile home parks, or trailers or mobile homes; or
B. In a mixed building, that part of the building used for any nonresidential uses, except accessory to residential uses. "Residential" means pertaining to a residence.
RESIDENCE, SINGLE-FAMILY: A building containing only one dwelling unit.
REST HOME: A private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including equipment for the treatment of sickness or injuries or for surgical care.
RESTAURANT (CAFETERIA, INN, CAFE): An establishment in which foods, refreshments or beverages are offered for sale for consumption in the building in which the establishment is located, or at tables situated on the lot upon which the establishment is located. If any portion of the foods, refreshments, or beverages are sold for consumption in automobiles parked on the zoning lot upon which the establishment is located, the establishment shall be considered to be a drive- in restaurant. The term restaurant does not apply to churches; religious, fraternal, youth or patriotic organizations; service clubs; and civic or union organizations which occasionally prepare to serve or sell meals or lunches to transients or to the general public, nor shall it include any public or private school lunchroom.
RESTRICTIVE COVENANTS: Contracts entered into between private parties and constitute a restriction on the use of all private property within a subdivision for the benefit of property owners, and to provide mutual protection against undesirable aspects of development which would tend to impair stability of values and shall be required to accompany the final plat at the time of recording.
RETAILER: Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things in small quantities direct to the consumer.
RIGHT OF WAY: A strip of land over which is built a public roadway with appurtenances necessary to allow the convenient and unobstructed passage of vehicular and pedestrian traffic.
ROADBED: The graded portion between edge of shoulder and edge of shoulder.
SANITARY LANDFILL: A method of disposing of refuse by spreading and covering with earth.
SANITARY SEWER: A constructed conduit for the collection and carrying of liquid and solid sewage wastes, other than stormwaters, to a sewage treatment plant.
SERVICE ACCESS STREET: A street parallel to and adjacent to a controlled access thoroughfare which serves abutting properties.
SERVICE STATION: Any building, structure, land area or other premises, or portion thereof, used for the sale at retail of motor vehicle fuels and oils, or for servicing (minor repairs) or lubricating motor vehicles, which activity may be accompanied by accessory uses and sales. See definition of Automobile Service Station.
SETBACK, FRONT YARD: The minimum horizontal distance permitted between the front line or side line of the building and the lot line nearest the street line.
SEWAGE SYSTEM, INDIVIDUAL: A system of piping, tanks and other facilities serving only one lot.
SIDEWALK: A paved pedestrianway intended for pedestrian use only.
SOLAR ENERGY SYSTEM: An assembly or structure, including passive designs, used for gathering, concentrating, absorbing, and/or storing radiant energy from the sun.
STANDARD SPECIFICATIONS: The standard specifications for road and bridge construction, adopted by the department of transportation, state of Illinois, latest revision at time of construction plan approval.
STATE: The state of Illinois.
STORAGE, ACCESSORY USES: Accessory uses to a retail store such as storerooms, or stockrooms, which may be used to store materials and merchandise clearly related and incidental to the business. Storage area(s) may be part of the building and/or a separate building located on the same zoning lot.
STORM SEWER: A constructed conduit for carrying stormwaters to a drainage course.
STREET: Any public or private way dedicated to public travel fifty feet (50') or more in width. The word "street" shall include the words "road", "highway" and "thoroughfare". This term shall include alleys, lanes, courts, boulevards, public squares, public places and sidewalks, and any other property which is part of a dedicated right of way within the village whether such right of way is dedicated pursuant to statute or by common law.
STREET AND THOROUGHFARE PLAN: The portion of the official village plan providing and planning for the present and future system of streets for the village.
STRUCTURAL CHANGE (MAJOR): Any change in the supporting members of a building or structure such as bearing walls or partitions, columns, beams or girders, or any substantial structural change in the roof or in the exterior walls, but not to include repairs such as painting, glazing, siding, roofing and patching needed for normal maintenance.
STRUCTURE: Anything constructed or erected, the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground.
SUBDIVIDER: Any owner, agent or person controlling land who commences proceedings under the subdivision title by submitting a location map to the planning committee.
SURETY: A bonding agency that is financially qualified to do business in the state of Illinois.
SWALE: A natural or manmade grass water drainage system utilized to accommodate surface runoff.
TAVERN: A place where alcoholic beverages are sold for consumption on the premises.
TEMPORARY BUILDINGS: May include a construction office and construction storage facilities, and may be permitted in any district, when approved pursuant to the codes and regulations under the jurisdiction of the zoning enforcement officer during the period that the construction work is in progress, but such temporary buildings shall be removed upon the completion of the construction work.
TENANT: As applied to a building or land, this term shall include any person who occupies the whole or any part of such building or land, whether alone or with others.
TOURIST HOME: A building which contains a single dwelling unit and in which meals or lodging, or both, are provided or offered to transient guests for compensation.
TOWING AND TEMPORARY STORAGE OF VEHICLES: Towing and temporary storage of vehicles is allowed: a) as a principal use; or b) as an incidental use to motor vehicle services and related business, in order to service or repair such vehicles, or where such vehicles are temporarily retained for service or repairs, or for return to the lawful owner or other appropriate agency for further processing.
TOWNSHIP HIGHWAY COMMISSIONER: The township highway commissioner for the township(s) in which the subdivision is located.
TRAFFIC CONTROL DEVICE: Any signs, markings and devices placed on or adjacent to a street or highway by authority of the village of Sherman, the state of Illinois, department of transportation or the Sangamon County superintendent of highways.
TRAILER PARK: A zoning lot occupied by or designed to accommodate more than one trailer. See definition of Mobile Home Park.
TRAVEL TRAILER: All vehicles and portable structures built on a chassis, designated as a temporary dwelling for travel, recreational and vacation uses, and containing less than two hundred (200) square feet of floor area.
TRAVEL TRAILER PARK: Any plot of ground upon which two (2) or more travel trailers, occupied for dwelling and sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations.
USE: The purpose or activity for which a building, structure or land is occupied or maintained.
USE, ACCESSORY: A subordinate use which is clearly and customarily incidental to the principal use of a building or premises and which is located on the same lot as the principal building or use except for such accessory parking facilities as are specifically authorized to be located elsewhere.
VEHICLE: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway except devices moved by human power or used exclusively upon stationary rails or tracks.
VILLAGE: The village of Sherman, County of Sangamon, state of Illinois.
VILLAGE CLERK: The village clerk of the village of Sherman.
VILLAGE PRESIDENT: The president of the village board may be referred to as "mayor" or "president of the village".
WAREHOUSE: A building used for the storage of goods for compensation or the storage of goods which will be subsequently transported to another location for sale or consumption.
WHOLESALER AND WHOLESALE DEALER: Unless otherwise specifically defined, such terms shall be understood to relate to the sale of goods, merchandise, articles or things in quantity to persons who purchase for the purpose of resale.
WRITTEN, IN WRITING: These terms may include printing and any other mode of representing words and letters, but when the written signature of any person is required by law, it shall be in the proper handwriting of such person, or in case he is unable to write, by his proper mark.
YARD: An open space on the same lot with a principal building, open, unoccupied and unobstructed by buildings, except as otherwise provided in this title.
A. Front Yard: The yard extending across the entire width of the lot between the principal building and the right of way line or street line which the building faces.
B. Rear Yard: The yard extending across the entire width of the lot between the rear lot line and the nearest part of the principal building.
C. Side Yard: The yard extending along the side lot line from the front yard to the rear yard and lying between the side lot line and the nearest part of the principal building.
ZONING BOARD: The Sherman zoning board of appeals.
ZONING ENFORCEMENT OFFICER (DIRECTOR OF BUILDING AND ZONING ADMINISTRATION): Whenever in this title the term zoning enforcement officer is used, it shall mean the zoning administrative officer and such deputies or assistants as have been or shall be duly authorized by the village.
ZONING LOT: A lot that is to be used for a use permitted in the district in which it is located at the time of applying for a building permit. It is a plot of ground, made up of one or more parcels, which is or may be occupied by a building or buildings, including the open spaces required by this title. A "zoning lot" may or may not coincide with a lot of record.
ZONING MAP: The map incorporated into this title. (1984 Code § 5-1-7; amd. Ord. 2004-33, 10-12-2004; 2010 Code)
Notes
| 1 | 1. See also section 9-4-2 of this code. |
| 2 | 2. See title 9, chapter 4 of this code. |
| 3 | 3. See also section 9-4-2 of this code. |