Sherman City Zoning Code
CHAPTER 12
SUPPLEMENTARY REGULATIONS
10-12-1: SCREENING:
Where outdoor storage of materials, goods and products exists within business or industrial districts, such storage shall be effectively screened by a solid fence, compact hedge or similar opaque landscaped element located on the property of the party storing the material, goods, and products. Such screening shall not extend within fifteen feet (15') of any street or driveway. The screening shall be placed along property lines or, in the case of screening along a street, fifteen feet (15') from the street right of way line with landscaping between the screening and pavement. A louvered fence shall be considered solid if it blocks direct vision. (1984 Code § 5-9-1)
10-12-2: REFUSE:
All waste material, debris, refuse, or garbage not disposed of through the public sanitary sewerage system shall be kept in an enclosed building or contained on the property in a closed container designed for such purposes. The owner of vacant land shall be responsible for keeping such land free of refuse. (1984 Code § 5-9-2)
10-12-3: RESIDENTIAL SWIMMING POOLS:
A. Definition: A "residential swimming pool" is any structure that is capable of containing water of twenty four inches (24") (610 mm) or more in depth, which is used or intended to be used for swimming or recreational bathing, and which is available only to the family and guests of the householder. This includes inground, aboveground and onground swimming pools.
B. Building Permit And Compliance Required: This section requires a building permit for all pools over twenty four inches (24") deep that are installed after the effective date hereof. It shall be unlawful to construct, maintain, install or enlarge any residential swimming pool in the village except in compliance with the provisions of this section.
C. Use Restriction: The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
D. Location: The pool, including any walks, paved area or accessory structures adjacent thereto, may not be closer than ten feet (10') to any adjacent residential property line; except, when the pool is screened by a privacy fence, then the pool may be located five feet (5') from a property line.
E. Lighting: Lights used to illuminate swimming pools shall be arranged as to reflect light away from adjoining premises and away from the vision of passing motorists.
F. Fencing And Gates:
1. Inground swimming pools shall be enclosed with fencing with self-closing gates which are to be kept locked when the pool is not in use. Such fencing shall be at least four feet (4') in height above the surrounding grade level.
2. Aboveground swimming pools shall be either fenced in the same manner as inground swimming pools, or if they have rigid sides at least forty eight inches (48") above the ground, they shall be equipped with removable ladders. Aboveground swimming pools with decks that do not have removable ladders or steps shall be equipped with locking gates or shall be fenced as required for inground swimming pools.
3. Fencing existing prior to the effective date hereof that is at least forty two inches (42") tall will be grandfathered and allowed. Existing swimming pools shall have until August 5, 2005, to comply with this subsection.
G. Draining, Dismantling Pools: The owner shall be responsible for draining inground pools and for draining and dismantling aboveground pools when any one of the following conditions exists:
1. The property becomes vacant for three (3) consecutive weeks.
2. Odor is detectable at property lines resulting from algae or some other substance.
3. Insufficient water level in the pool causing the pool sides to shift or collapse. (Ord. 2005-10, 7-5-2005)
H. Penalty: Failure to comply with this section will result in a fine as provided in section 10-3-10 of this title. (Ord. 2005-10, 7-5-2005; amd. 2010 Code)
10-12-4: OUTDOOR LIGHTING:
Whenever outdoor lighting is to be used on a property, the light fixture shall be so placed that the light rays are generally directed downward and/or away from properties and from the vision of passing motorists. (1984 Code § 5-9-6)
10-12-5: HORSES; PRIVATE STABLES:
A. Minimum Lot Area: The minimum lot area upon which a horse may be kept is one acre, and two (2) horses may be kept for each twenty thousand (20,000) square feet by which the parcel of land exceeds one acre.
B. Location Of Stables: Private stables and paddocks shall be located on the rear half of the lot and not closer than twenty feet (20') to any property line, nor closer than forty feet (40') from any dwelling on the same or adjoining property. (1984 Code § 5-9-12)
10-12-6: SATELLITE RECEIVING DISHES:
A. Location: Satellite receiving dishes shall not be located in a required front yard or in a side yard which adjoins a street or road. Satellite receiving dish posts or legs may not be any closer to any side or rear property line than the diameter of the dish.
B. Height Limit: Ground mounted dishes may be no greater than fifteen feet (15') in height. Roof mounted dishes and dishes mounted on poles which are bolted to principal buildings must conform to the zoning district height limit.
C. Advertising Prohibited: No form of advertising or identification is allowed on the dish or framework other than the manufacturer's small identification plates or other identifying marks which shall not exceed one square foot in size.
D. Color: Satellite receiving dishes must be neutral in color. (1984 Code § 5-9-21)
10-12-7: SOLAR ENERGY SYSTEMS:
Solar energy systems shall not project above the ridge line of the roof on any building in the R-1, R-2, R-3, R-4 and B-1 districts. (1984 Code § 5-9-22)
10-12-8: MAILBOXES:
The clustering of groups of mailboxes is hereby prohibited. It shall be illegal to place more than two (2) mailboxes upon any parcel of real estate, except where more than two (2) mailboxes are necessary to serve apartments, single-family residences or businesses actually located upon the parcel where the mailboxes are located. This section shall not apply to clustered groups of mailboxes existing January 1, 1991. (Ord. 1991-1, 1-2-1991)
10-12-9: CEMETERIES:
Cemeteries, crematories, and mausoleums shall provide an entrance on a major street or road with ingress or egress so designed as to minimize traffic congestion, shall provide required off street parking space and shall provide a minimum size six foot (6') high wall; or minimum three foot (3') thick, six foot (6') high evergreen hedge; or provide a minimum twenty feet (20') of permanently maintained planting strip on all property lines abutting any residential district. (1984 Code § 5-9-10; amd. 2010 Code)
10-12-10: AIRPORTS AND LANDING STRIPS:
Airports or heliports or landing strips for aircraft shall be located no closer than two thousand feet (2,000') from any dwelling and shall be located so that air and land traffic shall not constitute a nuisance to neighboring uses. Proponents shall show that the field in question comes up to the standards of the federal aviation administration for the particular class of field. (1984 Code § 5-9-11)
10-12-11: STREETS AND RAILROADS:
Streets and railroads are permitted in all zoning districts. (1984 Code § 5-9-23)
10-12-12: ANIMAL HOSPITALS:
Animal hospitals without outside runs shall be located no closer than one hundred feet (100') to any residential district, restaurant, hotel or motel in any district and shall show that reasonable measures and controls shall be taken to prevent offensive noise and odor. No incineration of refuse shall be permitted on the premises. (1984 Code § 5-9-4)
10-12-13: AGRICULTURAL PROCESSING PLANTS:
Agricultural processing plants in any district which processes agricultural products produced on the premises or within a contiguous area shall be so located as to provide convenient trucking access with a minimum of interference to normal traffic and shall provide parking and loading spaces. The proponent shall show that adequate measures shall be taken to control odor, dust, noise, and waste disposal so as not to constitute a nuisance, and shall show that the proposed source of water will not deprive others of normal supply. Such a processing plant shall not be closer than five thousand feet (5,000') from a residential district. (1984 Code § 5-9-7)
10-12-14: COUNTRY CLUBS AND GOLF COURSES:
A. Building Location: No building shall be located within one hundred feet (100') of any property line.
B. Swimming Pools, Tennis Courts, Etc.: Swimming pools, tennis courts and the like shall be located not less than twenty five feet (25') from any property line, and adjoining property in any residence or business district shall be effectively protected by a wall, hedge and/or screen planting.
C. Additional Uses Permitted: Facilities such as restaurants and bars may be permitted when conducted and entered from within the building. (1984 Code § 5-9-5)
10-12-15: GOLF DRIVING RANGES AND AMUSEMENT PARKS:
A. Location:
1. Golf driving ranges and amusement parks shall be located on major or secondary thoroughfares or nonresidential streets.
2. Golf driving platforms shall be not less than two hundred feet (200') from any adjacent residence district or existing dwelling.
3. With the exception of a golf driving range, no amusement park shall be closer than two thousand feet (2,000') to any residential district.
B. Lighting: Floodlights used to illuminate the premises shall be so directed and shielded as not be an annoyance to any developed residential property. (1984 Code § 5-9-9; amd. 2010 Code)
10-12-16: AMUSEMENT CENTERS:
Amusement centers, arcades, bowling alleys, dance halls and similar places of amusement shall provide parking with ingress and egress designed so as to minimize traffic congestion. Such parking shall not be less than twenty feet (20') from any property line, shall provide on its property a minimum six foot (6') solid board fence, masonry wall or dense hedge separating the parking area from abutting residential property and shall show that adequate controls or measures will be taken to prevent offensive noises and vibration. (1984 Code § 5-9-15)
10-12-17: DRIVE-IN THEATERS:
Drive-in theaters shall be located only on major or secondary thoroughfares, shall provide ingress and egress so designed as to minimize traffic congestion, shall be located sufficiently distanced from any residence district or existing dwelling, shall be screened from the street and dwelling units so that the view shall not disturb residents and shall maintain lighted signs and other lights diffused downward and only in such a way as not to disturb neighboring residents. In no case shall a drive-in theater be located closer than two thousand feet (2,000') from a residential district. (1984 Code § 5-9-8)
10-12-18: NURSING HOMES:
Approval for a nursing home must be obtained from proper agencies concerning health and safety conditions, and such home must be licensed by such agencies. (1984 Code § 5-9-13)
10-12-19: FAMILY AND COMMERCIAL DAYCARE HOMES:
A. Family Daycare Homes: Family daycare homes are permitted uses in the AG, R-1, R-2, R-3 and R-4 districts, provided the daycare home does not employ more than one person outside of the immediate family members. (1984 Code § 5-9-16; amd. 2010 Code)
B. Commercial Daycare Centers: Commercial daycare centers shall only be permitted on lots or parcels that have a minimum of twenty thousand (20,000) square feet, and the playgrounds shall be screened from the street by a nonobtrusive fence. (1984 Code § 5-9-16)
10-12-20: HOME OCCUPATIONS:
A. Specifications: A "home occupation", as defined in section 10-2-2 of this title, shall comply with the following: (2010 Code)
1. The home occupation does not result in any alteration of the appearance of the dwelling unit.
2. The home occupation is clearly incidental and secondary to the primary use of the property for residential purposes.
3. There is no exterior storage of materials and no exterior indication of the home occupation except for a sign not exceeding two (2) square feet in size, nonilluminated, and attached to the principal building.
4. The home occupation does not result in the production of any additional noise, vibration, light, odor, dust, fumes, smoke, traffic, or other audibly or visually noticeable productions detectible to the normal senses of human beings outside the dwelling unit.
5. The home occupation does not involve the storage of goods or materials in excess of an area twenty five (25) square feet in size.
6. There is no retail sales of stock, merchandise, supplies, or products except those incidental to the home occupation.
7. The home occupation is limited to an area of the residence not exceeding two hundred (200) square feet in size, including storage.
B. Permitted Home Occupations: Uses permitted as home occupations (that meet the criteria listed in subsection A of this section) include, but are not limited to:
Authors.
Composers.
Home and healthcare products for off site sale.
Home crafts for off site sale.
Independent contractors, involving no storage of contractors' equipment.
Mail order operations.
One chair beauty parlors and barbershops.
Professional offices maintained as an adjunct to a primary office maintained off premises.
Telephone solicitation work.
Tutoring, limited to no more than eight (8) students per day without any use of electronically amplified sound.
Other similar uses.
C. Registration Required: Home occupations are to be registered with the zoning enforcement officer. (1984 Code § 5-9-18)
10-12-21: RETAIL SALES FOR GUESTS ONLY:
Community buildings, private clubs, lodges and social or recreational establishments may have accessory retail sales for guests. The sales must be clearly incidental to the principal use, and signs advertising such sales are prohibited. (1984 Code § 5-9-14)
10-12-22: JUNKYARDS AND SALVAGE YARDS:
Any outside use conditionally permitted or permitted to be used as a salvage yard storage area or junkyard shall be surrounded by an eight foot (8') fence which blocks one hundred percent (100%) of the view of the contents inside the perimeter. The fencing shall be set in place no less than six feet (6') from the property line and shall completely enclose the facility. The fence shall be constructed of standard fencing material and shall be consistent in color and appearance. The fence shall be kept in good condition. Any repairs ordered by the zoning enforcement officer shall be completed by the owner or operator within seven (7) days. Junkyards and salvage yards existing on the effective date hereof shall have until January 1, 1990, to comply with this section. (1984 Code § 5-9-19)
10-12-23: TEMPORARY TRACT OFFICES:
Temporary subdivision offices are permitted in any district and shall be located on the property which is being developed and/or sold. Tract offices are limited to a six (6) month period, at which time the applicant may request an additional six (6) months of operation. Otherwise, the subdivision office shall be removed at the expense of the owner. The office shall meet all yard requirements of the district in which it is located. (1984 Code § 5-9-17)
10-12A-1: PLANS REQUIRED:
Whenever a development in the village is proposed which: a) is a mobile home park; or b) would involve more than one principal structure on a lot or parcel, the developer/builder must present his physical development plans to the planning committee for review and recommendations to the village. The plans shall be prepared at a scale of thirty feet (30') to forty feet (40') per inch and shall be prepared by an Illinois registered surveyor, architect or engineer. The required plans and supporting documentation may be submitted on one or more sheets of paper and must clearly indicate the following: (1984 Code § 5-9-20; amd. 2010 Code)
A. The boundaries of the property.
B. Existing and proposed easements.
C. The owner(s) of the property.
D. On site vehicular circulation.
E. Vehicular parking.
F. Sidewalks.
G. The location and size of sanitary sewers and water mains if public facilities or approved community facilities are available. If public facilities are not available, the location of on site systems shall be shown.
H. Proposed site grading.
I. Stormwater drainage.
J. The location of structures.
K. The location of fire hydrants.
L. Letters from serving utility companies indicating availability and adequacy of utility service for the development. (1984 Code § 5-9-20)
10-12A-2: PERMITTED USES ONLY:
No building or land may be used and no building may be erected, converted, enlarged or structurally altered in a large scale development except for a permitted use listed in the district for which the large scale development is applied. (1984 Code § 5-9-20)
10-12A-3: SITE AND STRUCTURE REQUIREMENTS:
A. Spacing And Yards:
1. In lieu of front, side, and rear yard requirements, buildings twenty five feet (25') or less in height shall be no closer than ten feet (10') to any other building, street or parking area. For buildings over twenty five feet (25') in height, spacing shall be increased two feet (2') for every four feet (4') or fraction thereof by which the building height exceeds twenty five feet (25').
2. A twenty five foot (25') yard shall be provided around the perimeter of the development. In addition, where a commercial or industrial development adjoins a residential district, an additional ten feet (10') shall be provided. No additional yard shall be required for a residential district across a street from a large scale development.
B. Lot Area Per Dwelling Unit: The required lot area per dwelling unit for the zoning district in which the proposed large scale development is located shall apply. Public streets, easements of access, and parking areas shall not be included in the calculation.
C. Height: The permitted height regulations of the zoning district in which the proposed large scale development is located shall apply.
D. Off Street Parking: The off street parking regulations of chapter 9 of this title shall apply. (1984 Code § 5-9-20)
10-12A-4: REQUIRED IMPROVEMENTS AND MINIMUM DESIGN STANDARDS:
All of the plans for drives, sidewalks, water mains, etc., referenced herein shall be designed and engineered in accordance with the minimum design and layout standards and the required improvements sections of the village subdivision regulations; except, that private drives may be reduced in width. However, private drives must be of sufficient width to accommodate fire vehicles. Alternate pavement designs may be presented to the engineer for the village for consideration. (1984 Code § 5-9-20)
10-12A-5: SPECIAL REQUIREMENTS FOR MOBILE HOME PARKS:
The following regulations shall apply to mobile home parks:
A. Site And Lot Areas; Water And Sewer Facilities: Each mobile home park shall have a minimum area of five (5) acres. Public or Illinois environmental protection agency approved community sewer and water facilities shall be available for each mobile home, and each existing mobile home lot shall contain at least three thousand (3,000) square feet of lot area, unless a larger lot area is required by the department of public health or the environmental protection agency. (1984 Code § 5-9-20; amd. 2010 Code)
B. Open Space: All mobile home parks shall provide an overall site area of one thousand (1,000) square feet per mobile home for access roads, utility structures, parking space, and other community facilities. This space is to be in addition to the minimum three thousand (3,000) square feet of lot area mentioned in subsection A of this section. In addition, eight percent (8%) of the gross area of the mobile home park shall be set aside for recreational use.
C. Parks Abutting Residential Districts: Where a mobile home park abuts another residential district and there is no street, alley, railway, natural ditch, creek or river separating the mobile home park from the adjacent residential district, a twenty five foot (25') yard shall be provided along said district abutments.
D. Ingress And Egress: A separate way of ingress or egress to a public street shall be provided for each one hundred (100) mobile homes contained in every mobile home park.
E. Mobile Homes In Parks:
1. Location:
a. Mobile homes shall be so located on each space so that there shall be at least a twenty foot (20') clearance between mobile homes on all four (4) sides. No mobile home shall be located closer than fifteen feet (15') to any building within the park or to any property line of the mobile home park which does not abut a public street or highway.
b. Mobile homes shall be set back at least twenty five feet (25') from the right of way of public streets or alleys.
2. Pads And Patios: Each mobile home shall be provided with a Portland cement concrete stand or pads and a paved outdoor patio of at least one hundred eighty (180) square feet located at the main entrance to the mobile home.
3. Anchors And Tie Downs: Anchors or tie downs for mobile homes shall be installed at the corners of the pad. Each anchor shall be capable of withstanding a vertical tension force of four thousand eight hundred (4,800) pounds. (1984 Code § 5-9-20)
10-12A-6: PROCEDURE:
A. Filing Plans; Fee: The plan or plans and any supporting documentation shall be filed with the village clerk along with a filing fee as provided in subsection 10-3-7C of this title. (Ord. 1990-13, 6-5-1990; amd. 2010 Code)
B. Planning Committee Action:
1. The clerk shall transmit the material to the planning committee. Within seven (7) days, the planning committee shall transmit copies of the proposed large scale development to the engineer for the village, along with notification of the date, time, and location of a meeting to review the development and to determine if the project conforms to village standards.
2. The planning committee shall not approve any large scale development except after a public hearing before the planning committee, of which there shall be a notice of the time and place of the hearing published at least once, not more than thirty (30) days nor less than fifteen (15) days before the hearing, in one or more newspapers with a general circulation within the village.
3. If the committee determines that the plans do conform to village standards, the planning committee shall transmit a copy of the proposed large scale development to the village board, along with a recommendation that the board approve the proposed large scale development, subject to certification by the engineer for the village that a certified check, letter of credit or satisfactory bond guaranteeing completion of construction of all required improvements has been filed in accordance with the procedures and requirements of the land subdivision regulations. The committee shall also send a copy of the approved plan or plans for the large scale development to the Williamsville school district and the Sherman fire protection district, together with a notice of the date at which the village board intends to take action on approval or disapproval of the plan or plans. (Ord. 1990-13, 6-5-1990)
4. If the committee finds that the proposed large scale development does not meet the requirements of the village, the planning committee shall in writing note any deficiencies in the plan to the developer. Once the deficiency is corrected, the planning committee shall transmit the proposed large scale development to the village board.
C. Village Board Approval: When the village board determines that the large scale development has been recommended for approval by the planning committee and that the engineer for the village has certified that the required improvements either have been installed in the manner specified by the land subdivision regulations or that said surety bonds or certified checks are in a form and amount sufficient to assure completion, the village board may approve the large scale plan. (1984 Code § 5-9-20)