VILLAGE OF ADDISON CODE

Chapter 22 – Zoning Ordinance 
Updated through August 15, 2016
 

Section I.        Title, Intent And Purpose

A.        Title

B.        Purpose and Intent

Section II.       General Provisions

A.        Interpretation

B.        Separability

C.        Building on Lot

D.        Allowable Use of Land or Buildings

E.        Prohibited Use of Land or Building

F.         Control Over Use

G.        Control Over Bulk

H.        Accessory Building and Uses

I.          Special Uses

J.         Permitted Obstruction--Required Yards

K.        Yards, General

L.         Flood Plain Regulations

M.        Non-Conforming Uses of Land and Buildings

N.        Use of Burglar Bars, Security Gates and Similar Devices

O.        Accessory Building Height

P.        Mechanical Equipment Screening

Section III.                  Zoning Districts

A.        Establishment of Districts

B.        Map

C.        Boundaries of Districts

D.        Annexed Territory

E.        Exemptions

Section IV.      Residence Districts

A.        General Requirements - All Residence Districts

B.        R1 Single-Family Residence District

C.        R2 Single-Family Residence District

D.        R3A Single-Family Residence District

E.        R3B Multiple-Family Residence (Low Density)

F.         R3C Multiple-Family Residence District (Medium Density)

G.        R3D Multiple-Family Residence District (High Density)

H.        R3E Two-Family Detached Residence District

I.          R3F Single-Family Semi-Detached and Single-Family Attached Residence District

J.         R4 Multiple-Family Residence District

K.        R5 Multiple-Family Residence District

Section V.                  Business District

A.        General Requirements - All Business Districts 

B.        Business - Professional Office District

C.        B1 Local Business District

D.        B2 Community Business District

E.        B3 Service Business District

F.         B4 Regional Shopping Center District

G.        B5 Planned Community Commercial/Office District

Section VI.                 Manufacturing Districts

A.        General Requirements

B.        Performance Standards

C.        M1 Limited Manufacturing District

D.        M2 General Manufacturing District

E.        M3 General Manufacturing District

F.         M4 Office-Research/Industrial District

Section VII.    Planned Developments

A.        Planned Development

B.        Application For Preliminary Approval of a Planned Development Special Use

C.        Final Approval of a Planned Development Special Use Permit

D.        General Standards

E.        Bulk Regulations

F.         Issuance of Permits

G.        Time Limit

H.        Performance 

Section VIII.   Off-Street Loading and Off-Street Parking

A.        Off-Street Loading

B.        Off-Street Parking

Section IX.                  Administration

A.        Planning and Zoning Commission Creation and Procedure

B.        Jurisdiction and Authority with Respect to Zoning Ordinance Interpretation

C.        Jurisdiction and Authority with Respect to Variations

D.        Jurisdiction and Authority with Respect to Appeals

E.        Jurisdiction and Authority with Repect to Zoning Text or Map Amendments

F.        Jurisidiction and Authority with Respect to Special Use Permits

G.        Additional Duties of the Planning and Zoning Commission

Section X.                  Definitions

Section XI.                 Fees

Section XII.    Interpretation, Conflict, Validity

A.        Interpretation and Conflict

B.        Validity

Section XIII.   Violation, Penalty, Enforcement

Section XIV.   When Effective


SECTION I.   TITLE, INTENT AND PURPOSE

A.      Title. [back to top]  These regulations may be referred to as the "ZONING ORDINANCE."

B.      Purpose and Intent. [back to top]  This ordinance is adopted for the purpose of:

         1.       Promoting the public health, safety, comfort, morals, convenience and general welfare.

         2.       Securing adequate light, pure air and safety from fire and other dangers.

         3.       Conserving the taxable value of land and buildings throughout the Village of Addison.

         4.       These regulations have been based upon the comprehensive plan for the Village of Addison which was adopted by the Village Board of Trustees on September 8, 1970.  Said comprehensive plan included a study of existing zoning, estimate of population growth, land use surveys, a land use plan, plans for major streets, community facilities, public utilities, annexation, housing, and a capital improvement program.

         5.       Need for public services and facilities in both size and location depends upon the character and intensity of land use. Regulation of the use land is thus fundamental to a coordinated optimum physical development of the community. The land use regulations are intended to be the foundation of the entire process of improvement of the physical environment.

         6.       The regulations are intended to preserve and protect existing uses and values against adverse or unharmonious adjacent uses.

         7.       The land use regulations divide the area into a number of zoning districts.

                   a.         The comprehensive plan included careful estimates of the land area requirements for the various land uses such as commerce, residence, industry, and public uses. These urban uses should be directed into that land area where they may be most efficiently served by the public services and facilities such as sewers, water, schools, streets, parks and the like.

                   b.         In the past, residential neighborhoods have deteriorated because they were invaded by small isolated commercial uses and by more intensive residential uses such as duplexes or apartment buildings.  These regulations establish residential districts particularly designed to provide maximum protection for single-family homes.

                   c.         Other residential districts are established for two-family homes and for multiple-family dwellings.  Density, yard, and parking regulations would insure good living conditions in these areas. Much of present day building is by large projects instead of lot by lot.  The regulations provide for planned developments which may be located in any residential districts with approval of the site plan and conformity of the plan to the overall density standards of the ordinance.  This introduces an important measure of flexibility into the regulations.

                   d.         Commercial districts recognize the different types of commercial areas that will be needed by the future growth of the Village. There is a zoning district for the office commercial area, i.e., the business and professional uses serving the Village. For the more widely used commercial areas along major streets and highways, there is a general commercial district. There is a central commercial district for the central area and a special planned commercial district for the shopping center.

                   e.         For industry there are three districts -- a light industrial district for the modern organized industrial area with landscaped front yards, and two general industrial districts for non-obnoxious manufacturing.

                   f.         The regulations emphasize character as well as location and density of the land uses. Special inducements are offered for good design of apartment areas. Landscape planting is required in all front yards and for automobile filling stations, parking lots and garages. Advertising is carefully controlled.

                   g.         The regulations are reasonable in relation to existing conditions. Yard dimensions are adjusted to peculiarities of existing lots.  Lots that are too small may be used. Non-conforming uses are permitted to continue for adequate time periods.

                   h.         All uses are required to provide their own off-street parking.

                   i.         Each of the regulations has been designed to work harmoniously with the others with the totality providing that minimum degree of land use control essential to the realization of the most desirable urban environment.

SECTION II.  GENERAL PROVISIONS

A.      Interpretation.

         1.       In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare.

         2.       Where the conditions imposed by any provision of this ordinance upon  (a) the use of land or buildings, (b) the bulk of buildings, (c) floor area requirements, (d) lot area requirements, and (e) yard requirements are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this ordinance or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

         3.       This ordinance is not intended to abrogate any easement, covenant or other private agreement, provided that where the regulations of this ordinance are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreement, the requirements of this ordinance shall govern.

         4.       No building, structure, or use, not lawfully existing at the time of the adoption of this ordinance shall become lawful or be made lawful solely by reason of the adoption of this ordinance and to the extent that and in any manner that said unlawful building structure or use is in conflict with the requirements of this ordinance, said building, structure, or use remains unlawful hereunder.

B.      Separability.  [back to top]  It is hereby declared to be the intention of the Board of Trustees of the Village of Addison that the several provisions of this ordinance are separable in accordance with the following:

         1.       If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provision of this ordinance not specifically included in said judgment.

         2.       If any court of competent jurisdiction shall adjudge invalid the application of any provision of this ordinance to a particular property, building, or structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment.

C.      Building on Lot. [back to top]  In all use districts every principal building hereafter erected or structurally altered shall be located on one lot, and there shall be located not more than one principal building on one lot, except in a planned development.

These provisions may be varied upon a public hearing in the manner set forth in this ordinance.

A variation shall not be allowed if:

         1.       The acreage is adequate for a planned development;

         2.       The lot area and density requirements are not met;

         3.       The building does not have street frontage;

         4.       The set back requirements are not met.

D.      Allowable Use of Land or Buildings. [back to top]  The following uses of land or buildings are allowed in the districts indicated hereinafter in Sections IV, V, and VI under the conditions specified in this ordinance:

         1.       Uses lawfully established on the effective date of this ordinance.

         2.       Permitted uses as designated in Sections IV, V and VI.

         3.       Special uses as designated in Sections IV, V and VI.

E.      Prohibited Use of Land or Buildings. [back to top]  No building or tract of land shall be devoted to any use other than one which is specified as a permitted or special use in Sections IV, V and VI in the zoning district in which such building or land is located. However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this ordinance, and where construction has been begun within six months of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with approved plans on the basis of which the building permit was issued; and further, may upon completion be occupied under a certificate of occupancy by the use originally designated, subject to the provisions of Section II, (non-conforming uses) of this ordinance. 

F.      Control Over Use. [back to top]  No building or premises shall hereafter be used or occupied, and no building or structure, or part thereof, shall be erected, raised, moved, reconstructed, extended, enlarged, or altered, except in conformity with the regulations herein specified for the district in which it is located, except that in Residence Districts a lot in an ownership which was of record at the time of adoption of this ordinance, even though not meeting the requirements of this ordinance as to area and width, may be used for single-family residence purposes, provided the use conforms with all other regulations of the district in which it is located. 

G.      Control Over Bulk. [back to top]  Except in the case of planned development, all new buildings shall conform to the bulk regulations established herein for the district in which each building is located. Further, no existing building shall be enlarged, reconstructed, structurally altered, converted, or relocated in such a manner as to conflict or to further conflict with the bulk regulations of this ordinance for the district in which such building shall be located.

H.     Accessory Building and Uses.  [back to top]

         1.       Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of the principal use, and shall not include the keeping, propagation, or culture of pigeons, poultry, or livestock, whether or not for profit.

         2.       No accessory building, unless it is structurally a part of the principal building and unless it conforms with requirements of accessory buildings for special uses, shall be erected or altered at, nor moved to, a location within ten (10) feet of the nearest wall of the principal building, nor within the required front, side or rear yard area, as set forth for the district, nor forward of the principal building; provided, however, an accessory structure incidental to a single-family dwelling may be located less than ten (10) feet from the principal structure provided it complies with the Addison Building Code.  In residential districts, an accessory structure in a rear or side yard shall be not less than five (5) feet from any rear or side yard property line.

         3.       No accessory building shall encroach upon that side yard of a corner lot which is adjacent to the street, nor upon that side yard of a reversed corner lot which is adjacent to the street, nor upon the rear yard of a through lot.

         4.       No accessory building shall have more than one (1) story nor exceed seventeen (17) feet in height unless otherwise permitted as accessory to business and manufacturing uses, or to authorized special uses.   The highest ridge on the accessory structure shall not exceed the height of the highest ridge on the principal structure in a residential district.  In addition, the height of the accessory structure, as defined in this ordinance, shall not exceed the height of the principal structure in a residential district or be more than one story, whichever is less.  Detached accessory buildings shall not exceed a maximum of seven hundred (700) square feet.  (06-126)

         5.       Play Structures.  Shall be limited to the rear yard only, setbacks shall not be less than five (5) feet from any adjoining property line, and shall not be located in any easement areas.  Play structures with fort area greater than fifty (50) square feet shall be required to file for a building permit and shall not exceed five hundred (500) square feet of footprint area.  Play structures may not exceed seventeen (17) feet in overall height.  All roof and deck areas shall be included in the thirty (30) percent maximum lot coverage.  No electrical or plumbing service shall be connected to any such play structure at any time.  Tree houses are not permitted.  Any plastic or other toy-like fort, or play forts less than fifty (50) square feet attached to a play structure, will not require a permit.  (88-17; 01-23; 03-58; 06-126)

I.      Special Uses.  [back to top]

         1.       To provide for the location of certain uses hereinafter specified which are deemed desirable for the public welfare within a given district or districts, but which might have an adverse effect upon nearby properties or upon the character and future development of the district in which they are located, a classification of special uses is hereby established. Procedures for special uses are set forth in Sections VII and X.

         2.       Where a use exists on the effective date of this ordinance and it is classified as a special use by said ordinance, it shall be considered to be a lawful special use. Additions or alterations to existing buildings or land improvements for expansion of lawful special uses may be made with the area of the lot included in the ownership existing at the time of adoption of this ordinance, and they shall be subject to yard, floor area ratio, and building height requirements set forth in this ordinance for permitted uses in the districts in which they are located.

J.      Permitted Obstruction--Required Yards.  [back to top] (14-66)

For the purpose of this ordinance, the following shall not be considered as obstructions when located in the yards indicated:

         1.       In All Required Yards:  (14-66)

                   a.         Awnings and canopies projecting not more than thirty (30) inches into the yard.

                   b.         Steps not more than four (4) feet above grade for the purpose of access to a permitted building.

                   c.         Chimneys projecting not more than twenty-four (24) inches into the yard.

                   d.         Arbors or trellises, flagpoles, fences, and walls subject to the regulations governing their location, placement and height indicated elsewhere in this ordinance.

                   e.         Signs (subject to the provisions of Ordinances 0-79-62 of the Addison Building Code.)

                   f.         Trees, shrubs, and landscaping not higher than thirty (30) inches as measured above the nearest top of curb elevation if located within an area defined as follows: That triangular portion of a required front yard bounded by the lot corner (formed by the intersection of any two (2) street lines) and points along each street line a distance of thirty (30) feet away from said lot corner.  If no curb and gutter exists, the vertical measurement shall be made from the nearest edge of street pavement. (81-05)

                   g.         Fences.  Fences shall not exceed six (6) feet in height in the Residential and Business Districts, or eight (8) feet in height in the Manufacturing and Industrial Districts.

In any residential or commercial district, fences may not be placed forward of the principal building or in the front building setback.  A fence may, however, be placed forward of the principal building in a residential zone to the extent that it is not over four (4) feet in height or over ten (10) feet in length, not forming an enclosure, not presenting a solid appearance, and not obstructing the view through the fence. (03-58)

Fences may be placed forward of the principal building but not in the front setback in any Manufacturing or Industrial District.  Chain link is permitted.

The Planning and Zoning Commission may grant a variation to permit a fence in the front yard in all zoning districts. However, it may not consider the cost of such a fence, nor consider financial hardship as a sufficient reason to grant such a variation. (12-06)

The supporting posts and rails of a fence shall be installed so that the finished side of a fence faces the adjoining property and the public right-of-way.  An exception is permitted to allow supporting posts spaced equally on each side of the fence, such as, but not limited to rail fences.

The style, material, color and height of any continuous run of fence or any fence placed on a property line or a line adjacent to a property line shall be consistent and uniform, unless otherwise approved by the Director of Community Development.  This standard will also apply in the continuation of a fence erected on an adjoining property but not a fence adjacent to a fence.  When fences are adjacent to a wall or another fence, there shall be enough room to maintain each side of the fence and also the area between the fence and the wall or adjacent fence wall or adjacent fence will be accessible and of such size as to allow maintenance.  No site shall have more than two (2) styles of fence except that the use of a decorative or temporary fence may be a third style. (03-58)

                   h.         Outside Storage in Residential Areas such as Portable on Demand Storage.  Such units are permitted up to seven (7) consecutive days no more than twice a year in any yard of a particular residence.  They may not be located in the street right-of-way.   (03-58)

         2.       In Required Front Yards: (14-66)

                   a.         One-story bay windows projecting three (3) feet or less into the yard.

                   b.         Overhanging eaves and gutters projecting two and one-half (2-1/2) feet or less into the yard. (81-05)

                   c.         Vegetation-type landscaping that does not exceed forty-eight (48) inches in height. Hardscape landscaping, which includes lawn ornaments, such as statues, figurines, fountains, walls, fence-type structures, floral containers, that do not exceed forty-eight (48) inches in height and 10 feet in length in any one direction, and which do not form an enclosure, and which do not present a solid appearance or obstruct the view through the fence-type structure.  Corner lots shall further comply with Section II.J.l.f of this ordinance regarding line of sight requirements. (Ord. 05-116)

                   d.         Driveways - General Requirements.  In all residential properties, except where previously permitted, as of November 1, 2009, driveways shall meet the standards illustrated in Figure 20, as now existing or hereafter amended.  (reference Figure 20) (Ord. 05-116; 09-73)

                   e.         Circular Drives.  In addition to the general requirements for driveways, circular drives shall be permitted in the front yards of Single-Family Residential Districts only when meeting the following requirements:

                              (1)       Circular drives shall be permitted in the R-1 Single-Family Residential Zoning District.

                              (2)       Circular drives shall be permitted in the R-2 and R-3A Single-Family Residential Districts only when needed to improve public safety on streets with high traffic volumes.

                              (3)       Corner lots shall not be permitted to have a driveway on one street and a circular drive on another street.

                              (4)       Corner lots shall maintain a twenty-five (25) foot minimum setback from the corner for circular drives.

                              (5)       A circular drive shall not be permitted to exceed twenty-four (24) feet in combined width at the front property line.

                              (6)       The interior radius of a circular drive shall be landscaped at a minimum with grass and shrubs. (01-23)

                   f.         Central air conditioners shall be located in the secondary front yard of a corner lot, and such air conditioners may be permitted forward of the building line and secondary front yards of corner lots with adequate screening.  Where necessary, they may be permitted in a side yard with adequate screening.  In side yards, the location of windows of adjacent properties shall be considered in the location of a central air conditioning unit. (03-58)

         3.       In Required Side Yards: (14-66)

                   a.         Open accessory off-street parking, and fences not exceeding six (6) feet in height and not forward of the principal building.

                   b.         Overhanging eaves, gutters and bay windows projecting into the required side yard for a distance of two (2) feet. (14-66)

                   c.         Sidewalks not closer than 2 feet from the side property line and only so long as the sidewalk does not obstruct the flow of stormwater. (06-126)

                   d.         Window wells not to project further than 2 feet into the side setback. (06-126)

                   e.         Air conditioning units and back-up generators located not closer than 2 feet from the side property line.  In Residential Districts, the location of windows of adjacent properties shall be considered in the placement of a central air conditioning unit and/or back-up generator.  (06-126; 14-66)

NOTE: For the purpose of this ordinance a side yard that adjoins a street shall be considered a front yard.

         4.       In Required Rear Yards:  (14-66)

                   a.         Enclosed, attached or detached off-street parking spaces.

                   b.         Open off-street parking spaces.

                   c.         Accessory structures, tool rooms, and similar buildings or structures for domestic storage.

NOTE: Accessory structures may occupy not more than thirty (30) percent of a rear yard.  In Residential Districts, this shall include buildings, walls, fences, signs, pools, decks, sheds, patios, sidewalks and driveways.  In Residential Districts, the rear yard shall be defined as that which was to the rear of the building at the time of original construction.

                   d.         Balconies.

                   e.         Breezeways and open porches.

                   f.         One-story bay windows projecting three (3) feet or less into the yard.

                   g.         Recreational and laundry drying equipment.

                   h.         Arbors and trellises.

                   i.         Fences not to exceed six (6) feet in height, except in Manufacturing Districts.

                   j.         Overhanging eaves and gutters projecting two and one-half (2-1/2) feet or less.

                   k.         Patios not closer than two (2) feet from the side and rear property lines and only so long as the patio does not obstruct the flow of stormwater.  (06-126)

                   l.         Window wells.  (06-126)

(81-05)

K.     Yards, General. [back to top]

         1.       The minimum yard space required for one (1) structure shall not again be considered as yard space for another adjoining structure.

         2.       No lot shall be reduced in area so that the yards or other open space become less than required by this ordinance.

         3.       On streets where a front-yard setback has been maintained for buildings existing on lots or tracts having a frontage of thirty (30) percent or more of the total frontage on one side of that portion of any street lying between two (2) intersecting streets, there shall be maintained a front-yard setback of not less than the average setback of the aforementioned existing buildings, but not less than ten (10) feet.

         4.       On a vacant through or corner lot, either of the lot lines abutting a street right-of-way may be established as its front lot line, except that where two (2) or more through lots are contiguous and a front lot line has been duly established, the same street lot line shall thereafter be deemed to be the front lot line of all such contiguous lots. On a through lot a front yard shall be provided along any lot line abutting a street.

L.      Flood Plain Regulations. [back to top]  Information regarding floodplains and floodways is referenced in the Addison Storm Water and Floodplain Management Ordinance (Ord. No. O-90-40) and in the DuPage County Countywide Stormwater and Flood Plain Ordinance (Latest Revision).  (Ord. 05-116)

M.      Non-Conforming Uses of Land and Buildings. [back to top]

         1.       Non-conforming uses of land.  In the Residential Districts, where open land is being used as a non-conforming use, and such use is the principal use and not accessory to the main use conducted in a building, such use shall be discontinued not later than eight (8) years from the date of passage of this ordinance. During the eight (8) year period, such non-conforming use shall not be extended or enlarged, either on the same or adjoining property. Any building incident and subordinate to such use of land, such as a shed, tool house, storage building, office, or trailer, shall be removed at the end of the eight (8) year period, or if such building is so constructed as to permit the issuance of a permit for a use not excluded from the district, such building may remain as a conforming use; thereafter both land and building shall be used only as conforming uses.

         2.       Non-conforming use of building. Except as otherwise provided herein, the lawful use of a building existing at the effective date of this ordinance may be continued, although such use does not conform to the provisions hereof. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or of a more restricted classification.  Whenever a non-conforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. The non-conforming use of a building may be hereafter extended throughout those parts of a building which were lawfully and manifestly arranged or designed for such use at the time of the enactment of this ordinance.

         3.       Time limit for non-conforming uses.  All non-conforming commercial or industrial buildings located within the Residential Districts, and built before June 1, 1930, shall be removed and converted and the building thereafter devoted to a use permitted in the district in which such building is located, on or before June 1, 1980; and that non-conforming commercial or industrial buildings located within the Residential Districts for which a building permit was issued after June 1, 1930 shall be removed or converted and the building thereafter devoted to a use permitted in the district in which such building is located, within forty (40) years from the date of issuance of a building permit therefore, but in all cases on or before June 1, 1990.

         4.       Discontinuance of non-conforming uses.  No building or portion thereof used in whole or in part for a non-conforming use in a Residential District, which remains idle or unused for a continuous period of one (1) year whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the Residential District in which it is located.

No building or portion thereof used in whole or in part for a non-conforming use in a Commercial or Manufacturing District, which use is discontinued for a continuous period of six (6) months, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the Commercial or Manufacturing District in which it is located.  (03-58)

         5.       Destruction of a non-conforming use. No building which has been damaged by any cause whatsoever, to the extent of more than fifty (50) percent of the fair market value of the building immediately prior to the damage, shall be restored except in conformity with the regulations of this ordinance, and all rights as a non-conforming use are terminated. If a building is damaged by less than fifty (50) percent of the fair market value, it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction be substantially completed within twelve (12) months of the date of such damage.

         6.       Conditional uses not non-conforming. Existing uses eligible for conditional use permits shall not be non-conforming uses but shall require a conditional use permit for any alterations, enlargement, or extension.

         7.       Intermittent use.   The casual, intermittent, temporary, or illegal use of land or buildings shall not be sufficient to establish the existence of a non-conforming use on the part of a lot or tract and shall not be construed to establish a non-conforming use on the entire lot or tract.

         8.       Existence of a non-conforming use.  Whether a non-conforming use exists shall be a question of fact and shall be decided by the Planning and Zoning Commission after Public Notice and Hearing and in accordance with the rules of the Commission. (12-06)

         9.       Non-conforming uses not validated. A non-conforming use in violation of a provision of the ordinance which this ordinance repeals shall not be validated by the adoption of this ordinance.

         10.     Amortization of non-conforming buildings and structures. in any district, any lawfully existing building or structure, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, shall be abated or it shall be altered, remodeled or converted to a building or structure designed for a use permitted in the district in which it is located within one hundred eighty (180) days after termination of the respective periods of time set forth hereafter and which are fixed as the normal useful life of said buildings and structures:

                   a.         Buildings or structures and all other improvements which shall on July 1, 1973, or at the end of the year following the year in which erected, whichever is the last to occur, have an assessed valuation before equalization of more than $5,000 in accordance with the following types of construction classification:

                              (1)       Fireproof and fire resistive construction - Forty (40) years from date of the building permit for the construction of either of the entire structure or the initial part thereof, or thirty (30) years from July 1, 1973, whichever last occurs.

                              (2)       Exterior masonry wall construction - Thirty-five (35) years from date of the building permit for the construction of either the entire structure or the initial part thereof, or twenty-five (25) years from July 1, 1973, whichever last occurs.

                              (3)        Light non-combustible ordinary and frame construction - Thirty (30) years from date of the building permit for the construction of either the entire structure or the initial part thereof or twenty-five (25) years from July 1, 1973, whichever last occurs. (98-61)

                   b.         Buildings or structures and all other improvements which shall on July 1, 1973, or at the end of the year following the year in which erected, whichever is the last to occur, have an assessed valuation before equalization of at least $2,000 but not more than $5,000.

                              (1)       Eight (8) years from date of the building permit for the construction of either the entire structure or the initial part thereof, or four (4) years from July 1, 1973, whichever last occurs.

                   c.         Buildings or structures and all other improvements which shall on July 1, 1973, or at the end of the year following the year in which erected, whichever is the last to occur, have an assessed valuation before equalization under $2,000.

                              (1)       Four (4) years from date of the building permit for the construction of either the entire or initial part thereof, or two (2) years from July 1,1973, whichever is later.

                   d.         A non-conforming use of a building or structure subject to the amortization provisions of the Section shall be terminated and shall not thereafter be continued on the premises after the end of the applicable period of time as set forth in this Section.

         11.     Non‑Conforming Off‑Street Parking Areas. In any district, any off-street parking areas lawfully existing on January 6, 1992, which fail to meet the requirements of Section VIII of this ordinance, shall be abated or brought into conformity with said Section VIII upon the happening of any of the following events:

                   a.         Damage to or destruction of the principal building, to which the off-street parking area is an accessory use, to the extent of more than fifty (50) percent of the fair market value of the principal building immediately prior to the damage; or

                   b.         Any substantial modification, alteration or expansion of the off-street parking area exceeding fifty (50) percent of the fair market value of the property and improvements thereon; or

                   c.         The expansion of the building area by more than twenty-five (25) percent; or

                   d.         The lot is subdivided for the purpose of the sale of land; or

                   e.         There is a change of use of the  property, which use requires additional parking spaces under Section VIII.   (92-1; 02-01)

N.      Use of Burglar Bars, Security Gates and Similar Devices. [back to top]  Except as hereinafter provided, no building in any district shall have any metal bar, channel, angle, strip or chain installed on the exterior of the building which cover or are intended to cover doors or windows from the outside of the building.

         1.       Burglar bars, security gates and similar devices may be installed only on the interior of a building.

         2.       In business districts and in buildings in other districts which are open to the public, burglar bars, security gates and similar devices shall be retractable and shall be stored out of sight of the public in a closet or other enclosure at all times during which the building is open for business.

         3.       All burglar bars, security gates and similar devices shall have quick‑release fastener hardware to facilitate egress in case of an emergency.

         4.       Notwithstanding the foregoing, decorative wrought iron applied to windows and doors shall be permitted in residential districts.   (95-16)

O.      Accessory Building Height. [back to top]  No accessory building shall have more than one (1) story nor have a roof height or roof peak higher than the principal structure unless otherwise permitted as accessory to business and manufacturing uses, or to authorized special uses. (03-58)

P.      Mechanical Equipment Screening. [back to top]

         1.       For all use groups other than single-family residential, all mechanical equipment shall be adequately screened from view.

         2.       For the purpose of this section, mechanical equipment shall include all heating, ventilating air conditioning, refrigeration units, trash compactors, dust collectors, exhaust fans or vents, fuel tanks, holding or storage tanks, duct work, process piping, pool equipment, generators and similar installations.  Chimneys, fireplaces, thru wall or window air conditioning/heating units and solar equipment shall not be required to be screened.

         3.       For roof top equipment, the minimum height of the screening shall be equal to the maximum height of the tallest equipment.

Exception 1.  If there is more than one piece or location of rooftop equipment, then each piece or location may be screened on an individual basis.

Exception 2.    If any equipment is located away from the edge of the building and cannot be seen from a point ten (10) feet above grade at any property line for the site the equipment is located on, or ten (10) feet above grade at the center of the adjacent right-of-way, whichever is further from the building, then screening shall not be required.

         4.       For wall mounted or ground mounted equipment, screening shall be provided to block from view this equipment, so that it cannot be seen from a point six (6) feet above grade at any property line for the site the equipment is located on.

         5.       The screening material must be aesthetically compatible with the building using the equipment.  It must also provide a minimum fifty (50) percent opacity, year around.   (03-58)

SECTION III.  ZONING DISTRICTS

A.        Establishment of Districts. [back to top]  In order to carry out the purposes and provisions of this ordinance, the Village of Addison is hereby divided into the following districts:

         1.       Residence Districts

R1       Single-Family Residence

R2       Single-Family Residence

R3A    Single-Family Residence

R3B    Multiple-Family Residence (Low Density)

R3C    Multiple-Family Residence (Medium Density)

R3D    Multiple-Family Residence (High Density)

R3E    Two-Family Detached Residence

R3F     Single-Family Semi-Detached and Single-Family Attached Residence

R4       Multiple-Family Residence

R5       Multiple-Family Residence

2.       Business Districts

B/P      Professional Office

B1       Local Business

B2       Community Business

B3       Service Business

B4       Regional Shopping Center

3.       Manufacturing Districts

M1       Limited Manufacturing

M2       General Manufacturing

M3       General Manufacturing

B.        Map. [back to top]  The location and boundaries of the districts established by this ordinance are set forth on the Zoning District Map dated April 16, 1973, as heretofore or hereafter amended, which is incorporated by reference herein. The said map, together with everything shown thereon, and all amendments thereto, shall be as much a part of this ordinance as though fully set forth and described herein. The said map shall be filed with the office of the Village Clerk, and certified copies thereof shall be kept in the office of the Director of Community Development and shall be open to the public reference at all times during which those offices are open. (12-06)

C.        Boundaries of Districts. [back to top]  When uncertainty exists with respect to the boundaries of the various districts, as shown on the Zoning District Map, the following rules shall apply:

         1.       District boundary lines are either the center lines of railroads, highways, streets, alleys or easements, tract or lot lines, or such lines extended unless otherwise indicated.

         2.       In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street, highway or railroad, the depth of such strips shall be in accordance with dimensions shown on maps measured at right angles from the center line of a street, highway, or railroad, and the length of frontage shall be in accordance with dimensions shown on the map from center lines of streets, highways, or railroad right-of-way unless otherwise indicated.

         3.       Where a district boundary line divides a lot in single ownership, the regulations for either portion of the lot may, in the owner’s discretion, extend to the entire lot, but not more than twenty-five (25) feet beyond the boundary of the district.

D.        Annexed Territory. [back to top]  Any additions to the incorporated area of the Village shall be annexed under a pre-annexation agreement unless said requirement is waived by a two-thirds (2/3) vote of the Board of Trustees. (See annexation procedure in the Subdivision Control Ordinance.)

E.        Exemptions. [back to top]  The following public utility uses are permitted in any district: poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or any other similar distributing equipment, and telephone booths, provided that installation shall conform with rules and regulations of the applicable administrative authorities. (See Subdivision Control Ordinance for further definition and restrictions.) 
 

   

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