Chapter 22 – Zoning Ordinace 

SECTION IX. ADMINISTRATION (Amended in its entirety by Ordinance No. 12-06)

A.        Planning and Zoning Commission Creation and Procedure. A Planning and Zoning Commission is hereby created for the Village of Addison, pursuant to its home rule powers, as follows:

1.         The Planning and Zoning Commission shall consist of seven (7) members all of whom shall be residents of the Village and all of whom shall be persons with adequate knowledge of construction, architecture, fine arts, engineering, landscaping architecture or law. (Ord. No. 15-35)

2.         The members of the Planning and Zoning Commission shall be appointed by the Mayor with the approval and consent of the Village Board of Trustees. 

The initial term of office for four (4) members of the Planning and Zoning Commission shall be four (4) years, and the initial term of office for the remaining three (3) members shall be two (2) years.  Thereafter, the term of office for each Commission member shall be four (4) years.

The Chairman of the Planning and Zoning Commission shall be appointed by the Mayor and shall serve as Chairman until a successor Chairman is appointed by the Mayor. 

Vacancies shall be filled as soon as possible for the unexpired term of any member whose place has become vacant.  In the event that the office of Chairman is vacated for any reason, the Mayor shall immediately appoint, at the Mayor’s option, either one of the remaining members on the Commission or any member who is appointed to fill such vacancy on the Commission as the new Chairman. Each member shall serve until his successor is appointed and qualified; provided, however, a Commission member may be removed at any time by a majority vote of the Mayor and Board of Trustees.
(Ord. No. 16-30)

3.         The Commission shall organize and adopt rules in accordance with provisions of this ordinance. Meetings of the Commission shall be held at the call of the Chairman, and at such times as the Commission may determine. Public Hearings will be advertised by the Director of Community Development for the first scheduled meeting of the Commission in accordance with State statutes. Advertisement will be in one or more newspapers within 15 to 30 days before the Public Hearings. A quorum of the Commission must be present at the Public Hearing or at a meeting at which business is conducted. A Public Hearing not convened, due to lack of quorum, must be readvertised for a future Public Hearing date in keeping with the applicable State statutes. All members absent from a Public Hearing must read the minutes and listen to the tapes of the Public Hearing and sign an affidavit so stating, before he may vote upon the issue.

All testimony by witnesses at any hearings provided for in this Zoning Ordinance shall be given under oath. The Chairman, or in his absence the acting Chairman, may administer oaths and compel the attendance of witnesses.  All meetings of the Commission shall be open to the public.  The Commission shall keep minutes of its proceedings, showing vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of its examinations and other official actions. Every rule, regulation and every order, requirement, decision or determination of the Commission shall immediately be filed in the office of the Village Clerk and shall be of public record.

4.         The Planning and Zoning Commission is hereby designated as the proper body to post or publish notices as required by Statute and this Ordinance pertaining to variations to the regulations imposed and the districts created by the Zoning Ordinance of the Village of Addison.

B.        Jurisdiction and Authority with Respect to Zoning Ordinance Interpretation. The Planning and Zoning Commission is hereby invested with the following jurisdiction and authority with respect to interpretation of the Zoning Ordinance:

1.         To interpret the meaning of the text of the Zoning Ordinance in the event that a dispute arises with respect thereto and it is alleged there is  an error in any order, requirement, decision or determination made by the Director of Community Development in the enforcement of this Ordinance.

2.         To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership at the time of the passage of this ordinance.

3.         To interpret the provisions of this ordinance in such a way as to carry out the intent and purpose of the ordinance as shown upon the zoning district map fixing the several districts accompanying and made a part of this ordinance where the street layout on the ground varies from the street layout as shown on the map aforesaid.

C.        Jurisdiction and Authority with Respect to Variations. The Planning and Zoning Commission is hereby invested with the following jurisdiction and authority with respect to variations:

1.         To permit the following variations of the provisions of this ordinance in harmony with its general purpose and intent, varying them only in the specific instances hereinafter set forth where the Planning and Zoning Commission shall have made a finding of fact based upon the standards hereinafter prescribed that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this ordinance.

a.         Reconstruction of a nonconforming building that would otherwise be prohibited by this ordinance, where such action would not constitute continuation of a monopoly.

b.         To permit more than one principal building on one lot. 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.

 c.         Vary the yard regulations where there is an exception or unusual physical condition of a lot, which condition when related to the yard regulations of this ordinance would prevent a reasonable or sensible arrangement of buildings on the lot.

d.         To permit the use of a lot not of record on the effective date of this ordinance for a use otherwise prohibited solely because of the insufficient area of the lot, but in no event shall the area of the lot be less than 90 percent of the required lot area.

e.         To permit parking lots to be illuminated between the hours of 9:30 P.M. and 7:00 A.M.

f.          To permit the same off-street parking spaces to qualify as required spaces for two or more uses, provided the maximum use of such facility by each user does not take place during the same hours or on the same days of the week.

g.         To increase by not more than 25 percent the maximum distance that required parking spaces are permitted to be located from the use served.

h.         To allow any permitted non-residential use in residential district to exceed the floor area ratio imposed by the applicable regulations.

i.          To increase driveway widths from that of 24 feet to that of 35 feet provided:

(1)       That the variation will not conflict with any State requirement.

(2)       That the variation can only be granted on a primary street.

(3)       That the variation is necessary to protect the public safety and welfare.

j.          Vary the height in M1, M2 and M3 Districts for a building or structure housing in excess of the permitted height, due to special equipment or processes, subject the following conditions:

            (1)       That the variation will not conflict with FAA or FCC restrictions.

            (2)       That the proposed use will conform to all other standards and requirements of the district in which it is located, including floor area ratio.

            (3)       That the equipment requiring the variation must be continuous from the ground floor level.

            (4)       The variation will apply only to the area where the height must be exceeded.

            (5)       For each additional 2 feet of height of the area that is to be varied in height, the setback from all lot lines shall be increased by 1 foot.

            (6)       That the variation is for a specific requirement of the process to be served, such as a large printing press in a publishing house, housing tower for freight elevator and any equipment requiring projections through the roof area.

           (7)       Any variation so granted shall require an extra housing story, and is not to be used as additional floor area for processing, except as a specific requirement of the equipment involved.

(8)       Variations granted shall be subject to construction requirements as contained in the Addison Building Code.

k.         To vary the front yard requirements in permitting the construction of fences in all zoning districts.

l.          Vary the number and size of parking space in all business districts exceeding ten (10) acres in area.

m.        Vary the loading berths as to number and size in all business districts exceeding ten (10) acres in area.

n.         To vary outside storage in rear yards, side yards, utility, railroad, or other rights of way, or vacant lots which are not adjacent to a fully improved lot under common ownership and with a principal building, subject to the following conditions:

(1)       That the business in question is unique and cannot continue to operate if required to conform to the conditions imposed by this ordinance.

(2)       That the variation, if granted, will not alter the essential character of the area.

(3)       That the particular operation of the specific business involved brings a specific hardship upon the owner as distinguished from a mere inconvenience.

(4)       That the granting of the variation will not be detrimental to the public welfare or injurious to other properties in the neighborhood.

(5)       That the proposed variation will not increase the danger of fire, hinder the fighting of a fire or contribute to spreading of fire, were it to occur.

(6)       That the proposed variation will not reduce the effectiveness of police patrol and the department’s ability to protect said property.

(7)       That the proposed variation will not encourage the breeding of vermin nor permit the collection of debris or foreign material.

o.         To vary Outside Storage in Commercial Districts, subject to the regulations of the Outside Storage ordinance.

p.         To vary the height of fences subject to the following conditions:

(1)       The cost of alteration or removal of an existing fence shall not be considered in evaluating the request for variation; and

(2)       Financial hardship shall not, in and of itself, be sufficient to justify the variation.        (89-19)

2.         An application for a variation may be made by any person, firm or corporation or by any office, department, board, bureau, or commission requesting or intending to request application for a zoning certificate.  An application for a variation shall be filed with the Director of Community Development, and the Director of Community Development shall forward it to the Planning and Zoning Commission for processing in accordance with applicable provisions of this Section.

3.         The Planning and Zoning Commission shall hold a public hearing on each application for a variation at such time and place as shall be established by the Planning and Zoning Commission. The hearings shall be conducted and a record of such proceedings shall be preserved in such manner as provided in this Section under Creation and Procedure. Notice of time and place of such hearing shall be published in a newspaper of general circulation in the Village not more than 30 days and not less than 15 days before such hearing, as prescribed by State statutes. Supplemental or additional notices may be published or distributed as the Planning and Zoning Commission may, by rule, prescribe from time to time. All decisions of the Planning and Zoning Commission on variations arrived at after hearing shall require a majority vote of all members and such decisions shall be final, subject only to judicial review, in accordance with applicable laws of the State of Illinois.

4.         The Planning and Zoning Commission shall not vary the provisions of this ordinance as authorized in this Section unless it shall have made findings based upon the evidence presented to it in the following specific cases:

a.         That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located;

b.         That the plight of the owner is due to unique circumstances; or

c.         That the variation, if granted will not alter the essential character of the locality.

5.         For the purpose of supplementing the above standards, the Planning and Zoning Commission, in making this determination whenever there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:

a.         That the particular physical surroundings, shape or topographical conditions of the specific property involved, would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out;

b.         That the conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classification;

c.         That the purpose of the variation is not based exclusively upon a desire to make more money out of the property;

d.         That the granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; or

e.         That the proposed variation will not impair an adequate supply of light and air to adjacent properties, or substantially increase the danger of fire, or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.

The Planning and Zoning Commission may require such conditions and restrictions upon the premises benefited by variation as may be necessary to comply with the standards set forth in this Section to reduce or minimize the injurious effect of such variation upon other property in the neighborhood and to implement the general purpose and intent of this ordinance.

6.         Notwithstanding anything to the contrary set forth in this Section IX, in the event that an application for variation includes one or more requested variations that are not within the scope of authority granted to the Planning and Zoning Commission by this Section IX or in the event that the Director of Community Development has recommended that a Development Agreement or Annexation Agreement be adopted in conjunction with any variation approved by the Village, then, at the conclusion of the public hearing, the Planning and Zoning Commission shall issue a recommendation to the Village Board of Trustees.  The Village Board of Trustees shall consider the recommendation of the Planning and Zoning Commission and shall render a final decision on the application.  The decision shall contain the findings set forth herein.  If the Village Board of Trustees approves the variation(s) applied for, the approval shall be by duly enacted ordinance and shall further include any conditions or restrictions, including a Development Agreement or Annexation Agreement, as the Village Board may deem appropriate or necessary to comply with the standards set forth in this Section to reduce or minimize the injurious effect of such variation upon other property in the neighborhood and to implement the general purpose and intent of the Zoning Ordinance. The decision of the Village Board shall be final.

D.        Jurisdiction and Authority with Respect to Appeals The Planning and Zoning Commission shall have the jurisdiction and authority to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Building Commissioner or other authorized official of the Village of Addison, relating to regulations of this ordinance. 

1.         An appeal may as taken to the Planning and Zoning Commission by any person, firm or corporation, or by any office, department, board, bureau, or commission, aggrieved by an administrative order, requirement, decision or determination under this ordinance by the Director of Community Development or other authorized official of the Village of Addison.

2.         An application shall be filed with the Director of Community Development. The Director of Community Development shall forward such appeal to the Planning and Zoning Commission for processing.

3.         An appeal shall be filed within 20 days after the decision by filing with the Director of Community Development and with the officer against whom the appeal is taken. The Director of Community Development shall forthwith transmit to the Commission all the papers constituting the record upon which the action appealed from is taken. The Commission shall fix a reasonable time for the hearing of the appeal or it shall be heard at the next regularly scheduled meeting. Ten days notice shall be given to the parties in interest and a decision shall be rendered within a reasonable time after it is submitted. Upon the hearing, any party may appear in person or by attorney.

4.         All decisions, after hearing before the Planning and Zoning Commission on appeals from an administrative order, requirement, decision or determination of the Director of Community Development or other authorized official of the Village of Addison, relating to this ordinance shall, in all instances be final administrative determination and shall be subject to judicial review only in accordance with applicable laws of the State of Illinois.

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

1.         Authority.   The Board of Trustees may from time to time in the manner hereinafter set forth amend the regulations imposed in the districts created by this ordinance, provided that in all amendatory ordinances adopted under this authority of this Section, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantages of the entire Village and the uses to which property is devoted at the time of the adoption of such amendatory ordinance.

2.         Initiation of Zoning Text or Map Amendment.  Amendments may be proposed by the Board of Trustees or by any interested person or organization owning land or representing owners of the land.

3.         Amendment to Permit Planned Development Special Use Permit.   Any person entitled to file an application for a zoning amendment may simultaneously file an application for a planned development special use permit. A single notice and hearing may be used for such joint application.  The Planning and Zoning Commission shall make specific findings of fact with respect to each application and shall make its recommendations both on the application for the amendment and on the application for the planned development. The Village Board shall make separate decisions on both applications. If, during the course of a hearing on an application for an amendment the applicant's evidence tends to show that the development would constitute a planned development, the Planning and Zoning Commission shall treat the application as a joint application for the amendment requested and for the planned development special use permit. In such case the previously published notice of the hearing on the application for amendment shall be deemed to have constituted notice that an application for a planned development was requested.  However,  no application which requests any use exceptions pursuant to Section VII, shall be granted unless the previously published notice specifically indicated that such planned development special use permit was applied for, or unless the Planning and Zoning Commission orders an additional notice and hearing pursuant to Section VII.  The provisions of Section VII shall be printed on every application for an amendment.

4.         Application for Amendment.  An application for a zoning map or zoning text amendment shall be filed with the Director of Community Development in such form and accompanied by such information as required by the Planning and Zoning Commission.

5.         Processing.   An application for zoning pursuant to a proposed annexation or for a zoning text or map amendment to existing Village zoning shall be filed with the Community Development Department. The application shall be forwarded to the Planning and Zoning Commission with a request to hold a Public Hearing. The Planning and Zoning Commission shall report its findings and recommendations to the Village Board.  The Community Development Department shall cause a sign to be placed on the land proposed to be rezoned within 10 days of the deadline for filing an application. Such sign shall be erected within 10 feet of the public right-of-way abutting the property.  If no public right-of-way abuts the subject property, the sign shall be placed in such a position as may be most readily seen by the public. If the land does not abut a public right-of-way, then in addition to a sign placed on the property, a sign shall be placed within 10 feet of the right-of-way of the nearest most traveled road providing permission has been granted by the owner of said property.

6.         Hearing on Application.  The Planning and Zoning Commission shall hold a public hearing on each application for an amendment at such time and place as shall be established by the Planning and Zoning Commission. The hearings shall be conducted and a record of such proceedings shall be preserved in such a manner as provided in this Section under Creation and Procedure.

7.         Notice of Hearing.   Notice of time and place of such hearing shall be published in a newspaper of general circulation in the Village, not more than 30 days or less than 15 days before such hearing, as prescribed by State statutes. Supplemental or additional notices may be published or distributed as the Planning and Zoning Commission may, by rule, prescribe from time to time.

8.         Findings of Fact and Recommendation.  Within a reasonable time after the close of the hearing on a proposed amendment, the Planning and Zoning Commission shall make a written finding of fact and shall submit same together with its recommendations to the Board of Trustees.   Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, i.e., a map amendment or annexation, the Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

a.         Existing uses of property within the general area of the property in question.

b.         The zoning classification of property within the general area of the property in question.

c.         The suitability of the property in question to the uses permitted under the existing and proposed classifications.

d.         The trend of development, if any, in the general area of the property in question, including changes if any, which have taken place since the date the property in question was placed in its present zoning classification.

e.         The relationship to the Comprehensive Plan.

f.          The Planning and Zoning Commission shall not recommend the adoption of a proposed amendment unless it finds the adoption of such amendment is in the public interest and is not solely for the interest of the applicant. The Planning and Zoning Commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any other classification than that requested by the applicant.

9.         Action by the Board of Trustees.  The Board of Trustees shall not act upon a proposed amendment until it shall have received a written report and recommendation from the Planning and Zoning Commission on the proposed amendment.

F.         Jurisdiction and Authority with Respect to Special Use Permits.

1.         Authority.  The Planning and Zoning Commission shall hold a Public Hearing and recommend to the Village Board upon applications for special use permits specifically listed in the district regulations of this ordinance. Before authorizing the issuance of such a special use permit, the Village Board may impose such conditions as will, in the Village Board’s judgment, insure that:

a.         The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

b.         The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

c.         The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

d.         Adequate utilities, access roads, drainage, and/or other necessary facilities will be provided.

e.         Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

f.          The special use shall in all other respects conform to the applicable regulations of the district in which it is located.

g.         The Board shall find that there is a public necessity for the special use.

2.         Initiation of Special Uses.  An application for a Special Use shall be filed with the Director of Community Development and may be made by any person, firm or corporation or by any office, department, board, bureau or commission, requesting or intending to request a zoning certificate.

3.         Application for Special Use.  An application for a Special Use shall be filed with the Director of Community Development in such form and accompanied by such information as required by the Planning and Zoning Commission. The application shall be processed in the same manner as an application for a rezoning amendment, and a rezoning sign shall be posted in accordance with procedure on amendments.

4.         Hearing on Applications.  The Planning and Zoning Commission shall hold a public hearing on each application for an amendment at such time and place as shall be established by the Planning and Zoning Commission.  The hearings shall be conducted and a record of such proceedings shall be preserved in such manner as provided in this Section under Creation and Procedure.

5.         Notice of Hearing. Notice of time and place of such hearing shall be published in a newspaper of general circulation in the Village, not more than 30 days nor less than 15 days before such hearing as prescribed by State statutes.  Supplemental or additional notices may be published or distributed as the Planning and Zoning Commission may, by rule, prescribe from time to time.

6.         Findings of Fact and Recommendation of the Planning and Zoning Commission.  Within a reasonable time after the close of the hearing on the proposed Special Use, the Planning and Zoning Commission shall make a written finding of fact and shall submit same together with its recommendations to the Board of Trustees.

7.         Action by the Board of Trustees.  The Board of Trustees shall not act upon a proposed amendment until it shall have received a written report and recommendation from the Planning and Zoning Commission on the proposed amendment, or until a reasonable time has elapsed without such presentation of a written report and recommendation. The Board of Trustees shall consider Items 1. through 6. in making its decision.

G.        Additional Duties of the Planning and Zoning Commission The Planning and Zoning Commission shall have the following additional duties:

1.         To hear and decide all matters referred to it by the Village Board of Trustees.

2.         To initiate, direct and review, from time to time, studies of the provisions of this ordinance and to make reports of its recommendations to the Village Board of Trustees not less frequently than once each year so that this ordinance and map pursuant to this ordinance may be duly filed.

3.         To initially hear all requests for annexation pertaining to zoning and to review all plats and plans and make a report of its findings thereon to the Village Board of Trustees.
 

SECTION X.  DEFINITIONS

For the purpose of this ordinance certain terms are hereby defined.  Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure" and "premises;" the word "shall"  is mandatory and not permissive; the words "used" or "occupied" include the words "intended," "designed" or "arranged to be used or occupied;" the word "lot" includes the words "plot" or "parcel;" and the word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.  All measured distances expressed in feet shall be to the nearest integral foot; if a fraction is one-half foot or more, the integral foot next above shall be taken.    Any word not herein defined shall be as defined in the Addison Building Code, Subdivision ordinance or in Webster’s Third New International Dictionary.  (06-126)

Accessory Building. A subordinate building, the use of which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use and is under the same ownership. SEE ILLUSTRATION IN APPENDIX - Figure 1.

Accessory Use. A subordinate use which is incidental to and customary in connection with the principal building or use and which is located on the same lot.

Advertising Device. Banners affixed on poles, wires, or ropes and streamers, wind operated devices, flashing lights and other similar devices.

Adult use.       Any commercial or recreational use which purveys, sells, offers for sale, exhibits or displays sexually oriented materials or entertainment, including adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult drive-in theaters, adult massage parlors, adult modeling studios and eating and/or drinking establishments having sexually oriented performances.   (89-60)

Aircraft. Any contrivance, now known or hereafter invented, for use in or designed for navigation of or flight in the air.

Airport. Any premises which are used or intended for use, for the landing and take-off of aircraft; and any appurtenant areas which are used or intended for use of airport buildings or other airport structures or rights-of-way, together with all airport buildings and structures located thereon.

Alley. A public thoroughfare which affords only a secondary means of access to abutting property.

ANCI.  American National Standards Institute or its successor bodies. (86-20)

Animal Hospital. Any building or portion thereof designed or used for the care, observation, or treatment of domestic animals.

Apartment. See Dwelling Unit.

Automobile Service Station. Any land, building, structure, or premises used for the sale at retail of motor vehicle fuels, oils or accessories, or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacing of motors, bodies, or fenders of motor vehicles or painting motor vehicles, public garages, and the open storage of rental vehicles or trailers.

Automobile Wrecking Yard. Any area of land where three or more motor vehicles, not in running condition, or the parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for the wrecking or storing of such automobile or parts thereof.

A-Weighted Sound Level.  dB(A), in decibels, a frequency weighted sound pressure level, determined by the use of tile metering characteristics and A-weighted network specified in ANSI document §1.4‑1971 (R. 1976) "Specification for Sound Level Meters" and the latest revisions thereof.  (86-20)

Awning. A roof-like cover, temporary in nature which projects from the wall of a building.       (80-63)

Basement. A story having part but not more than one-half of its height below grade. A basement is counted as a story for the purposes of height regulation if subdivided and used for dwelling purposes. SEE ILLUSTRATION IN APPENDIX - Figure 2.

Block. A tract of land bounded by streets, or by a combination of one or more streets and public parks, cemeteries, railroad rights-of-way, or shore lines of waterways or corporate boundary lines.

Board of Trustees. The Village Board of Trustees of the Village of Addison, Illinois.

Boarding house.  A building in which sleeping quarters (but not meals or cooking facilities) are provided by pre-arrangement for compensation on a weekly or longer basis for three or more persons who are not members of the keeper's family. For the purpose of this Zoning Ordinance, the term "boarding house" shall also mean lodging house, and a boarding house shall not include a community residence or nursing home. (91-82)

Buildable Width. The width of the lot left to be built upon after the side yards are provided.    SEE ILLUSTRATION IN APPENDIX - Figure 12.

Building. Any structure having a roof supported by columns or walls for the shelter or enclosure of persons, animals or property. (See Structure)

Building area (buildable areas). The area confined within the set back lines, specifically the front, side and rear yard lines.

Building Commissioner. The officer or other designated authority charged with the administration and enforcement of this Code.

Building, detached. A principal building surrounded by open space on the same lot.

Building, height of. The vertical distance from the grade to (a) the highest point of a flat roof, (b) the deck line of a mansard roof or, (c) the average height between eaves and ridge for gable, hip, and gambrel roofs. Chimneys, elevator penthouses, tanks and similar projections, other than signs shall not be included in calculating height.  SEE ILLUSTRATION IN APPENDIX - Figure 6.

Building, principal business. A non-accessory building enclosed within exterior walls, complete with sewer, water, required exits, proper access, and from which a business is conducted. SEE ILLUSTRATION IN APPENDIX - Figure 1.(88-17)

Building, setback line. The line, established by this ordinance, beyond which a building shall not extend unless varied according to the procedures in this ordinance.  SEE ILLUSTRATION IN APPENDIX - Figures 12 and 13.

Bulk. A composite characteristic of a given building located upon a given lot - not definable as a single quantity, but involving all of the following characteristics:  (1) size and height of buildings; (2) location of exterior walls at all levels in relation to lot lines, streets, or to other buildings; (3) gross floor area of the building in relation to lot area (floor area ratio); (4) all open spaces allocated to the building; and (5) amount of lot area provided per dwelling unit.

Cellar. That part of a building having more than one-half of its height below the average grade of the adjoining ground. (See "basement") SEE ILLUSTRATION IN APPENDIX - Figure 3.

Clinic. An establishment where patients are not lodged overnight but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together.

Club. Buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily to render a service which is customarily carried on as a business.

Commission. means the Planning and Zoning Commission of the Village. (12-06)

Community Residence:  A group home or specialized residential care home serving unrelated persons with disabilities which is licensed, certified or accredited by appropriate local, state or national bodies.  Community residence does not include a residence which serves persons as an alternative to incarceration for a criminal offense or persons whose primary reason for placement is substance or alcohol abuse or for treatment of a communicable disease.        (91-82)

Community Residence, Large:  A community residence serving nine to fifteen persons with disabilities.

(a)       Is attributable to mental, intellectual or physical impairments or a combination of mental, intellectual or physical impairments  and

(b)       Is likely to continue for a significant amount of time or indefinitely and

(c)        Results in functional limitations in three or more of the following areas of major life activities:

(1)       Self care

(2)       Receptive or expressive language

(3)       Learning

(4)       Mobility

(5)       Self direction

(6)       Capacity for independent living

(7)       Economic self sufficiency  and

(d)       Reflects the person's need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are or a lifelong or extended duration.          (91-82)

Community Residence, Small:   A  community residence serving eight or fewer persons with disabilities in a family-like atmosphere.     (91-82)

Comprehensive Plan. The Official Comprehensive Plan of the Village of Addison adopted on September 8, 1970.

Cul-de-sac. A minor street having one open end and being permanently terminated at the other by a vehicular turn-around.

C-Weighted Sound Level.  In decibels, a frequency weighted sound pressure level, determined by the use of the metering characteristics and C-weighted network specified in ANSI document §1.4‑1971 (R. 1976) "Specification for Sound Level Meters."

Daycare Facility.  An institution or place in which are received children or adults requiring assisted living services for part or all of a day but no later than nine o'clock (9:00) P.M. (14-66)

Daytime Hours.  7:00 AM. to 10:00 PM., local time.

db(A).   See "A‑weighted Sound Level."

Decibel (dB).   A unit of measure, on a logarithmic scale to the base 10, at the ratio of the magnitude of a particular sound pressure to a standard reference pressure, which, for purposes of this ordinance, shall be 20 micronewtons per square meter (uN/m-squared).  (86-20)

Density. Number of dwelling units per acre. SEE ILLUSTRATION IN APPENDIX - Figure 15.

Discotheque.  Premises and facilities used for dancing, accompanied by live music or pre-recorded music. (89-62)

District.  Means a part of the city wherein restrictions of this ordinance are uniform.

Driveway.  A private road which provides access to a lot, or to a use located on such lot, from a public way. SEE ILLUSTRATION IN APPENDIX - Figure 8.

Dwelling.  Any building or portion thereof which is designed and used exclusively for residential purposes.

Dwelling, attached. A dwelling unit having its own ground floor entrance and open space, joined to two or more other dwellings by party walls, or other horizontally unifying structural element.

Dwelling, detached. A dwelling unit which does not share a common wall with any other dwelling and is surrounded on all sides by open space located on the same lot.

Dwelling, Multiple. A building designed for or occupied exclusively by three or more families.  A multiple dwelling shall also include the terms "apartment house, town house, garden apartments, row house, group house, dormitory."

Dwelling, Semi-detached. A dwelling unit having its own ground floor entrance and open space, and joined to one other dwelling unit by a common party wall or other horizontally unifying structural element.

Dwelling, Single-Family. A building designed for or occupied exclusively by one family with not more than two lodgers or boarders.

Dwelling, Two-Family. A building designed for or occupied exclusively by two families with not more than two lodgers or boarders per dwelling unit.

Dwelling, Two-Family Detached. A dwelling intended for occupancy by two families and surrounded on all sides by open space. SEE ILLUSTRATION IN APPENDIX - Figure 5.

Dwelling Unit. One or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single family with cooking, living, sanitary and sleeping facilities.

Easement. Land which has been designated by lawful agreement between the owner or owners of land and a person or persons for a specified use only by such person or persons.

Efficiency Dwelling Unit. A dwelling unit consisting of one principal room, together with sanitary, cooking, living, and sleeping facilities and/or dining alcove.

Family. Either (a) an individual or two or more persons related by blood, marriage or adoption, maintaining a common household in a dwelling unit  or (b) a group of not more than four persons who are not related by blood, marriage, or adoption, living together as a common household in a dwelling unit, plus, in either case, usual domestic servants.

A family may include gratuitous guests or minor children not related by blood, marriage or adoption.  For purposes of this Zoning Ordinance, however, an unrelated family shall not include persons living together in a community residence or nursing home.      (91-82)

Fence. A structure designed and constructed for enclosure or screening, or to denote a property line, forming a barrier at grade level between lots, between a lot and a street, or an alley, or between portions of a lot or lots.        (87-04)

Flood Height. The height of a flood at a gaging station usually stated in terms of gage height, or stage, which is the elevation of the water surface above selected datum plane indicated on the Elmhurst and Lombard Quadrangles, Hydrologic Investigations, Atlas Series HA published by the U. S. Geological Survey, Washington, D. C.

Flood Plain. Shall be any tract of land, wholly or partly, within a Federal Insurance Administration designated Flood Hazard Area as defined on the most current FIA Flood Hazard Boundary Map and/or Flood insurance Rate Map.

Frequency.     Number of cycles, revolutions, or vibrations completed in a unit of time (see "Hertz"). (86-20)

Flood Elevation, Base. Is as designated on Flood Insurance Administration Flood Insurance Rate Map.  If base flood elevations not specified on Flood insurance Rate Map then next best available information shall be used.

Floodway. Shall be any tract of land, wholly or partly, within a Flood Insurance Administration designated regulatory floodway as defined on the most current FIA, Flood Hazard Boundary Map and/or Flood Insurance Rate Map.

Floor Table Land. The continuous land area adjacent to the flood plain, the elevation of which is greater than the flood height by 5 feet or less.

Floor Area. The square feet of floor space within the outside line of walls and includes the total of all space on all floors of a building.  It does not include porches, garages, or space in a basement or cellar when said basement or cellar space is used for storage or incidental uses.

Floor Area Ratio. The floor area of the building divided by the area of the lot.

Frontage. All the property on one side of a street or highway, between two intersecting streets (crossing or terminating) or for a distance of 400 feet on either side of a proposed building or structure, measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street, but not including property more than 400 feet distance on either side of a proposed building or structure.

Garage, private. An accessory structure or an accessory portion of the principal building, including a carport which is intended for and used for storing the private passenger vehicles of the family or families resident upon the premises, and in which no business, service or industry connected directly or indirectly with the automotive vehicles is carried on, provided that not more than one-half of the space may be rented for the private passenger vehicles of persons not resident on the premises, except that all the space in a garage of one or two car capacity may be so rented.

Garage, public. A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, rebuilding, hiring, painting, selling, storing, or parking motor-driven vehicles.  The term shall include an automotive repair shop but not the dismantling, or storage of wrecked or junked vehicles.

Garage, storage. Any building or premises, used for housing only motor-driven vehicles, other than trucks and commercial vehicles.

Grade. The average level of the finished surface of ground adjacent to the exterior walls of the building.

Habitable Room. A room used for living, sleeping, eating, or cooking purposes, but excluding baths, toilet rooms, storage spaces, utility rooms and corridors.

Hertz.  Unit of frequency equal to one cycle per second.  (86-20)

Home Occupations. A gainful occupation or profession conducted by a member of a family residing on the premises and where the business or profession is conducted within the building and is listed as a permitted home occupation in the district involved, (including art studio; dressmaking, professional office of a clergyman, lawyer, architect, engineer or accountant; teaching, including instruments or dancing, but limited to one pupil at a time) in connection with which there is used no sign other than a nameplate, not more than one square foot in area, or no display that will indicate from the exterior that the building is being utilized in whole or part for any purpose other than that of a dwelling; no more than two persons employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except such as is customary for purely domestic household purposes.

Hotel. A building in which lodging is provided and offered to the public for compensation and in which ingress and egress to and from rooms is made through an inside lobby supervised by a person in charge at all hours, and which is open to more than 20 transient guests in contradistinction to a boarding house or lodging house as herein defined and wherein the extent of occupancy is limited to 30 days.

Impulsive Sound.  Either a single pressure peak or a single burst (multiple pressure peaks) for a duration usually less than one second.  Examples of impulsive sound sources are a drop forge hammer and explosive blasting.  (86-20)

Institution. A nonprofit establishment for public use.

Junk Yard. An open area where waste, used, or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A junk yard includes an auto wrecking yard, but does not include uses carried on entirely within enclosed buildings.

Kennel. Any premises where three or more animals over four months of age, are owned, boarded, bred and/or offered for sale.

Landscaped Area. An area that is permanently devoted and maintained to the growing of shrubbery, grass and other plant material.

Leq.    Equivalent continuous sound pressure level; in decibels: ten times the logarithm to the base ten of the ratio of time-mean-square sound pressure to the square of reference sound pressure.  The reference pressure is 20 micro newtons per square meter.  (86-20)

Liquor Store. A business establishment where alcoholic liquor is kept and sold but where such alcoholic liquors are not consumed on the premises.

Loading Space. A space within the main building or on the same lot for the standing, loading, or unloading of trucks.

Loan Office:  A place of business for the extension of credit to persons, businesses or other entities, but excluding banks, savings and loans, currency exchanges, pay day loan offices and title loan offices. (12-61)

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, each room shall be counted as one lodging room.

Lodging or Rooming House. Same as "Boardinghouse."

Lot. Except in the case of planned development, a platted parcel of land of record in the Office of the Recorder of Deeds of DuPage County, occupied or intended for occupancy by a use permitted in this ordinance, including one principal building together with its accessory structures, open spaces and parking spaces required by this ordinance and having its principal frontage upon a road or street. SEE ILLUSTRATION IN APPENDIX - Figure 10.

Lot Area. The area of a horizontal plane bounded by the vertical planes through front, side and rear lot lines. SEE ILLUSTRATION IN APPENDIX - Figure 11.

Lot Corner. A lot abutting upon two or more streets at their intersections. SEE ILLUSTRATION IN APPENDIX - Figure 13.

Lot coverage. That percentage of a lot which would be covered by a building or buildings or any part thereof, excluding protecting roof eaves.

Lot depth. The mean horizontal distance between the front and rear lot lines. SEE ILLUSTRATION IN APPENDIX - Figure 10.

Lot, double frontage or through lot. A lot which has a pair of opposite lot lines along two substantially parallel streets and which is not a corner lot.  On a through lot both street lines shall be deemed front lot lines, but in the case of two or more contiguous through lots, there shall be a common front lot line. SEE ILLUSTRATION IN APPENDIX - Figure 10.

Lot, interior. A lot that is not a corner lot. SEE ILLUSTRATION IN APPENDIX - Figure 10.

Lot Line, front. That boundary of a lot which adjoins an existing or dedicated public street; or where no public street exists, is along a public way.  On a corner lot, the lot line having the shortest length abutting a street shall be the front lot line. SEE ILLUSTRATION IN APPENDIX - Figure 12.

Lot Line, rear. That boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line; and in the case of an irregular, triangular or gore-shaped lot, a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line.   SEE ILLUSTRATION IN APPENDIX - Figure 12.

Lot Line, side. Any boundary of a lot which is not a front lot line or a rear lot line. SEE ILLUSTRATION IN APPENDIX - Figure 10.

Lot of Record. A lot or parcel of land the plat or deed of which has been recorded prior to the adoption of this ordinance.

Lot width. The width of a lot at the building line. SEE ILLUSTRATION IN APPENDIX - Figure 10.

Motel, Motor Court, Motor Lodge, or Tourist Court. Any building or group of buildings containing guest rooms or dwelling, some of which or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, or intended wholly or in part for the accommodation of transients, with the extent of occupancy limited to 30 days.

Motor Freight Terminal. A building or premises in which is received, stored and/or dispatched by motor vehicle.

Motor Vehicle. Any self-propelled wheeled vehicle designed primarily for transportation of persons or goods along public streets.

Nighttime Hours.       10:00 PM. to 7:00 AM., local time.  (86-20)

Noise Pollution.         The emission of sound that unreasonably interferes with the enjoyment of life or with any lawful business or activity.   (86-20)

Nonconforming Use. The lawful use of land or a building or a portion thereof, which use does not conform with the use regulations of the district in which it is located.

Noxious Matter. Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals.

Nursing Home. A licensed public or private home or institute which provides maintenance, personal care, and nursing for three or more persons who, by reason of physical illness or infirmity, are incapable of maintaining a private, independent residence. A home for the care of children or the aged or infirm in which three or more persons not of the immediate family are received, kept or provided with food and shelter, or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. (91-82)

Obstructions. An obstruction is any building or structure or parts thereof, which is located so as to come in the way of any open area required by this ordinance.    Trees or shrubs planted in accordance with this ordinance shall not be considered an obstruction, SEE ILLUSTRATION IN APPENDIX - Figure 14.

Octave Band.  A specific section of the overall sound spectrum, usually identified by the middle frequency of that section.

Octave Band Filter.  A set of filters designed according to standards formulates by ANSI and used in conjunction with a sound level Inter to take measurements in specific octave bands. (86-20)

Octave Band Sound Pressure Level.  The sound pressure level for the sound being measured contained within the specified octave band.  The reference pressure is 20 micronewtons per square meter.  (86-20)

Odor Threshold Value. The minimum concentration of odorous material in air which can be detected as determined by Manufacturing Chemists Association or other qualified laboratory.

Open Area. That part of a lot on which no part of a building or structure extends above the following elevations:

(a)       Two feet above the highest curb elevation of the street or streets that bound the lot;

(b)       One foot above the adjacent curb elevation for each one and one-fourth foot the building or structure is set back from the street lot line, except that no portion of the structure shall exceed 12 feet above the adjacent curb elevation.  This provision shall not apply to walls or structures that do not extend more than 4 feet above the adjacent curb elevation.

Open Sales Lot. Any land used or occupied for the purpose of buying and selling merchandise, passenger cars, trucks, motor scooters, motorcycles, boats, and monuments, or for the storing of same prior to sale.

Outside storage. The keeping of goods or materials in the yard area not permanently affixed to either the real estate or a structure on the real estate.  (02-01)

Parking Space. A surfaced area, enclosed or unenclosed, not less than 9 feet wide and 18 feet long, together with a driveway connecting the parking space with a street, road or alley, sufficient in size to store one automobile and permitting ingress and egress of that automobile without the necessity of moving any other automobile.  (01-23)

Particulate Matter. Finely divided solid or liquid matter, other than water, which is released into the atmosphere.

Pawnbroker.  One whose principal business is the lending of money at interest in exchange for personal property deposited as security.  (09-60)

Party Wall. A wall starting from the foundation and extending continuously through all stories to or above the roof which separate one building from another and is in joint use by each building.

Person.  Any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this State, any other state or political subdivision, or agency thereof, or any legal successor, representative, agent, or agency of the foregoing.  (86-20)

Planning and Zoning Commission. The Village of Addison Planning and Zoning Commission.(12-06)

Planned Development. A planned development is a use of land which offers benefits to the neighborhood of which it is a part or to the general public welfare beyond those required by this Zoning Ordinance and which use of land will contain or provide amenities not otherwise required by law, including but not limited to provisions for common open spaces, recreational facilities, or specific design, engineering, architectural, site planning or landscape features.

Play Structure.  Any play set, play apparatus, play house, play fort, or play equipment designed and used primarily for children at play, except for tree houses, which shall not be permitted.  (06-126)

Pool halls/billiard parlors.  Any business or commercial establishment utilizing 50 percent or more of its customer floor area for tables open to the public for the lawful playing of billiards, pool, snooker and other similar games, whether or not the playing of such games constitutes the principal business upon the premises, or regardless of any other amusement devices therein.  This definition does not apply to residential dwellings and/or youth or social agency operating under supervision, for recreation and for no charge.  (02-01)

Precious Metal and Gem Dealer.  One whose principal business is purchasing secondhand precious metals or gems.  (09-60)

Premises. A lot together with all buildings and structures thereon.

Property-Line-Noise Source.  Equipment or a facility, or combination thereof, which operates within any Manufacturing or Business District.  Such equipment or facility, or combination thereof, must be capable of emitting sound beyond the property line of the land on which operated.

Equipment not considered a property-line-noise source includes, but is not limited to, the following: delivery trucks, garbage trucks, vehicles used for employee transportation, mini-bikes, snowmobiles, lawn maintenance equipment, fork lifts.  (86-20)

Public Utility. Any person, firm or corporation duly authorized to furnish electricity, gas, steam, telephone, telegraph, water or sewerage systems to the public under public regulation.

Recreational Vehicle. Any boat, boat trailer, trailer, any camping trailer, travel trailer, pick-up coach, motor home or other unit built or mounted on a vehicle or chassis, without permanent foundation, which may legally be driven or towed by a motor vehicle on a highway or street.

Religious Institutions and Churches.  A building or unit of a building whose principal use is for religious worship.  Religious institutions shall include churches, temples, synagogues and mosques.  Religious institutions shall also include ancillary activities and uses typically associated with religious institutions, such as religious study activities, clergy residences, and congregation offices.  (Ord. 05-116)

Research Laboratory, A building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not primarily facilities for the manufacture or sale of products.

Ringelmann Number. The number of the shaded gray area on the Ringelmann Chart (U.S. Bureau of Mines Information Circular 6888) that coincides most nearly with the light obscuring capacity of smoke.

Screening. A structure erected or vegetation planted for concealing an area from view. SEE ILLUSTRATION IN APPENDIX- Figures 16, 17 and 18.

Sign. An identification, description, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land and which directs attention to a product, place, activity, person, institution or business.

Sign Area. The total area of the space to be used for advertising purposes, including the spaces between open-type letters and figures, including the background structure or other decoration or addition which is an integral part of the sign.  Sign supports shall be excluded in determining the area of a sign.  A double-faced sign shall have twice the total area of a sign.

Sign, ground. Any sign erected, constructed or maintained for the purpose of displaying advertising by means of posters, pictures, pictorial and reading matter when such sign is supported by two or more uprights, posts, or braces placed or affixed in the ground and not attached to any part of a building.

Sign, marquee. Any sign affixed to a marquee over the entrance to a building and supported from the building.

Sign, post. Any letter, word, model sign, device or representation used in the nature of an advertisement or announcement not attached to a building and which is supported by a single stationary pole or post.

Sign, roof. Any sign erected, constructed, or maintained upon the roof of any building.

Sign, wall. Any painted sign or poster on any surface or plane that may be affixed to the front, side, or rear wall of any building.

Smoke Units, Number of. The number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes.  For the purpose of this calculation, a Ringelmann density reading is made at least once every minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed; the various products are then added together to give the total number of smoke units observed during the total period under observation.  Steam or water vapor is not considered smoke.

Sound.  An oscillation in pressure in air.

Sound Level.  In decibels, a weighted sound pressure level, determined by the use of metering characteristics and frequency weightings specified in ANSI 1.4‑1971 "Specification for Sound Level Meters."

Sound Level Meter.  An instrument standardized by ANSI for measurement of the intensity of sound.

Sound Pressure Level.  In decibels, 20 times the logarithm to the base-10 or the ratio of the magnitude of a particular sound pressure to the standard reference pressure.  The standard reference pressure is 20 micro newtons per square meter.   (86-20)

Special Use. A use allowed in a Zoning District after permit is granted by the Board of Trustees.

Standard Tree. A tree as specified in the Tree Specifications of the Village of Addison.

Standard Shrub. A shrub as specified in the Shrub Specifications of the Village of Addison.

Steady Sound.  A sound whose pressure level remains essentially constant (that is, meter fluctuations are negligibly small) during the period of observation. (86-20)

Meter variations are less than or equal to plus or minus 3 dB using the "slow" meter characteristic.  (86-20)

Story. That portion of a building included between the surface of any floor and the surface of the floor next above; or if there is no floor above, the space between the floor and the ceiling next above.  A basement shall be counted as a story and a cellar shall not be counted as a story. SEE ILLUSTRATION IN APPENDIX - Figure 9.

Story, half. A space under a sloping roof which has the line of intersection of roof decking and wall not more than 3 feet above the top floor level, and in which space not more than 60 percent of the floor area is completed for principal or accessory use.

Street. A public way which affords the principal means of access to abutting property.

Structural Alteration. Any change except those required by law or ordinance, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinance.

Structure. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences, and signs.

Tavern. A business establishment where alcoholic liquors are sold to be consumed on the premises.

Trailer or Mobile Home. A vehicle equipped for use as a dwelling and designed to be hauled along a highway.

Trailer or Mobile Home Court. An area where one or more inhabited trailers can be or are intended to be parked.  It does not include trailer sales lots on which unoccupied trailers, new or used, are parked for purposes of sale.

Toxic Material. A substance, liquid or solid or gaseous, which by reason of an inherent deleterious property tends to destroy life or impair health.

Use. The purpose or activity for which the land or building thereon is designed, arranged or intended or for which it is occupied or maintained.

Yard, required.  That minimum dimension from the property line as specified by the zoning district.  (88-17)

Yard, front.      That portion of the yard extending the full width of the lot and measured between the front lot line and a parallel line tangent to the nearest part of the principal building, which line shall be designated as the front yard line.    (88-17)

Yard, side. A yard between the main building and side line of the lot, and extending from the front yard line to the rear yard line.  SEE ILLUSTRATION IN APPENDIX - Figures 12 and 13.

Yard, rear. A yard extending the full width of the lot between a principal building and the rear lot line.  SEE ILLUSTRATION IN APPENDIX - Figures 12 and 13.

Yard, width and depth. The shortest horizontal distance from a lot line to the main building.   SEE ILLUSTRATION IN APPENDIX - Figures 12 and 13.


SECTION XI. FEES.

A.        A base filing fee of two hundred twenty-two dollars ($222.00) shall be charged for an amendment, re-zoning or special use.  A filing fee of two hundred twenty-two dollars ($222.00) shall be charged for an application for a variation.

B.        In addition to the base filing fee, the petitioner shall be liable to the Village for all variable fees for Village services associated with the application, including services of a court reporter, if necessary, Village Attorney fees, Village engineering fees, and if necessary, Master Planning fees.  The petitioner shall pay the Village Clerk the following fee prior to the passage of any ordinance by the Village Board with respect to the application:

Less than 1/2 acre

$ 1,625

 
1/2 acre to 1 acre

   3,248 

 
1 acres to 5 acres    6,498  
5+ to 20 acres  10,944  
20+ to 100 acres  17,444  
Over 100 acres  21,894  

C.        The petitioner shall be liable for the cost of any consulting services necessary to evaluate any amendment, rezoning, or special use.

D.        The aforesaid charges shall be increased by 5 percent (5%) annually for consecutive years, beginning January 1, 2008 through and including January 1, 2009.

(Ord. 07-15)

SECTION XII. INTERPRETATION, CONFLICT, VALIDITY

A.        Interpretation and Conflict

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 provisions of this ordinance upon the (a) use of land or buildings, (b) the bulk of the 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 provisions of this ordinance, or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are the 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 of requirements than such easements, covenants, or other private agreements, 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 or be made lawful solely by the 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.        Validity.  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 provisions 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.

XIII. VIOLATION, PENALTY, ENFORCEMENT

Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this ordinance, shall, upon conviction, be fined not less than fifty dollars ($50.00), nor more than five hundred dollars ($500.00) for each offense.  Each day that a violation is permitted to exist shall constitute a separate offense.

The Building Commissioner is hereby designated and authorized to enforce this ordinance.

(Ord. 05-116)

SECTION XIV. WHEN EFFECTIVE.

This ordinance shall be in full force and effect on the 26th day of April, 1973.
 

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