General Requirements - All Residence Districts

Chapter 22 – Zoning Ordinace 

SECTION IV. RESIDENCE DISTRICTS

A.        General Requirements - All Residence Districts  [back to top]

1.         Home Occupations.   Home occupations shall be governed by the following regulations:

a.         Permitted home occupations may include any of the following:

(1)       Art studio.

(2)       Dressmaking.

(3)       Professional offices of a clergyman, lawyer, architect, or accountant.

(4)       Teaching - including musical instruments or dancing, but limited to one pupil at a time.

(5)       Offices.  (81-07)

(6)       Home day care which is limited to not more than 8 persons under the age of 12 years old, including children who reside in the household, and which is licensed by the State. (87-58)

b.         Permitted home occupations shall not include any other use such as, but not limited to, the following:

(1)       The operation of any wholesale or retail business unless conducted entirely by mail and does not involve the sale, receipt, or delivery of merchandise on the premises.

(2)       Any manufacturing or processing of goods, materials, or products.

(3)       A repair shop or service establishment of any kind operating on or from the premises.

(4)       A clinic or hospital.

(5)       A barber shop or beauty parlor.

(6)       A stable or kennel.

(7)       A restaurant.

(8)       Any activity that produces noxious matter.

(9)       Sale of firearms. (04-71)

c.         Permitted home occupations shall contain the following restrictions:

(1)       A sign is not used other than a nameplate, not more than 96 square inches or less in area, and there is no other display or activity conducted that will indicate from the exterior of the dwelling unit that it is being utilized in whole or in part for any purpose other than a residential use.

(2)       There is not sold or conducted a commodity or service that requires receipt and delivery of merchandise, goods, or equipment by other than letter carrier, United States mail service, parcel post or passenger motor vehicle of the occupant of the dwelling unit conducting the home occupation.

(3)       There is not employed or otherwise engaged another person, in addition to one member of the family residing in the dwelling unit in the pursuit of such home occupations.

(4)       An accessory building is not used in whole or in part for such home occupation.  A professional person may use his dwelling for consultation or performance of religious rites, but not for the general practice of the profession.  Teaching of musical instruments or singing to not more than two pupils at one time, and dancing, academic or religious instructions to not more than two pupils at one time shall be permitted, but only in a single-family detached dwelling.  (81-07)

2.         Conversions.   In R3 Residence Districts, conversions of existing residential buildings shall be governed by the following:

a.         The quotient secured by dividing the floor area of all dwelling units on a lot by the number of dwelling units on such lot shall not be less than 500 square feet.

b.         No existing residential use shall be so converted to conflict with, or further conflict with the requirements in Section IV. A.2.a.

c.         Where applicable, an efficiency dwelling unit or a lodging room may be considered 0.75 dwelling unit in determining compliance with Section IV. A.2.a. above.

3.         Corner Lots.  Unless otherwise required by a private recapture agreement, corner lots shall be required to pay recapture, whether public or private, only for the side of the property to which they connect to public improvements such as water and sewer.   (03-58)

4.         Motor Vehicle Repair.  No motor vehicle repair work or service of any kind shall be permitted in conjunction with off-street parking facilities in any residential district or any residential driveway, except for minor repairs on motor vehicles owned by the owner or occupant of the property.  Service and repairs that cannot be completed within a 48-hour period shall not be considered minor repair.  Vehicles shall include all licensed or registered motor vehicles, as well as any type of motor vehicle that is not licensed or registered.  In addition:

a.         Major vehicle repairs such as painting, assembly, engine, drive-train, chassis, exhaust system, bodywork, brake, and transmission repairs are not permitted in residential zones on driveways.

b.         Minor vehicle repair of any RV or vehicle of less than 10,000 pounds gross weight shall include, but not be limited to: tune-ups, lights, changing fluids, starters, alternators, replacement of belts, routine adjustments, and tire changes.  The maximum time allowed for minor repairs is two days.

c.         Property owners may perform both major and minor vehicle repair on their personal vehicles within a closed residential garage. 

d.         Such work shall be done only between the hours of 8 A.M. and 10 P.M.

e.         Such work shall not be done in a public right-of-way.   (03-58)

5.         Dimensional Requirements.  Residential lots including those on cul-de-sacs served by public sewerage and water systems shall not have an area or width less than that required by the Zoning Ordinance and shall conform to the following requirements:

(03-58) 

B.       R1 Single-Family Residence District.  [back to top]

1.         Permitted Uses.

a.         Single-Family detached dwellings.

b.         Home occupations as regulated in Section IV.A.1 hereof.

c.         Parks and playgrounds - publicly owned and operated.

d.         Schools - elementary, junior high, and high (non-boarding).

e.         Signs - as regulated in the Building Code.

f.          Temporary buildings for construction purposes for a period not to exceed such construction.

g.         Small community residence  provided that:

(1)       It is located not less than 1000 feet from another small community residence;  and

(2)       For small community residences with 4 or fewer residents, prior to occupancy, a certificate of zoning compliance is applied for and received;  and

(3)       For small community residences with 5 to 8 residents, in addition to the requirements of subsection g.2, the Village Manager shall determine that there are no health, safety and welfare concerns to be addressed (ingress and egress for emergency vehicles, traffic, security, hazards and the like) or shall address the health, safety and welfare concerns as necessary and report his findings to the Village Board.   (91-82)

h.         Accessory buildings and uses to the above permitted uses, including, but not limited to, off-street parking and off-street loading.

i.          Religious institutions and churches. (Ord. 05-116)

2.         Special Uses. 

a.         Art galleries and museums

b.         (Ord. 05-116)

c.         Cemeteries

d.         Convents, monasteries, and seminaries

e.         Colleges and universities and uses accessory and incidental thereto, but not colleges or trade schools operated for profit

f.          Golf courses - but not including commercially operated driving ranges or miniature golf courses

g.         Hospitals

h.         Libraries

i.         Nurseries - provided that no offensive odors or dusts are created, and further, that no retail sales are conducted from a store erected or maintained on the premises

j.          Parks and playgrounds - private owned and operated

k.         Planned development   (04-71)

l.          Schools - private and boarding

m.        Utility and public service uses including:

(1)       Electric substations and distribution stations

(2)       Fire stations

(3)       Police stations

(4)       Railroad right-of-way

(5)       Transit and public transportation facilities, including shelter, terminals, parking areas, and service buildings

(6)       Telephone exchanges, microwave relay towers, and telephone transmission equipment buildings

(7)       Water filtration plants, pumping stations, reservoirs, and sewage treatment plants - municipal

n.         Large community residence, provided that:

(1)       No such residence shall be located less than 1000 feet from a small or large community residence; provided, however, that this spacing requirement may be waived if the President and Board of Trustees find that the cumulative effect of such uses would not alter the residential character of the neighborhood, would not create an institutional setting, and by its operation would not create an adverse effect on surrounding properties.

(2)       Prior to admitting residents, the operator of such residence shall demonstrate that the dwelling will comply with all applicable licensing and code standards.

(3)       Applicant shall submit a statement of the exact nature of the residence, the qualifications of the agency that will operate the residence, the number and type of personnel who will be  employed, and the number and nature of the residents who will live in the residence.

(4)       The residence shall, to the extent possible, conform to the type and outward appearances of the residences in the area in which it is located.

(5)       Prior to occupancy, a certificate of zoning compliance is applied for and received.  (91-82)

o.         Day care centers  (82-58)

p.         Clubs and lodges  (82-58)

q.         Buildings and uses accessory to the above allowable special uses, including but not limited to, off-street parking and off-street loading

3.         Lot Area. Not less than 12,000 square feet.

4.         Lot Width. Not less than 80 feet at the building area (buildable area).

5.         Floor Area Ratio - Non-Residential Permitted Uses and Special Uses.  Not to exceed 0.6.

6.         Building Height - Single-Family Dwelling Uses.  Not to exceed 30 feet.  No accessory building shall have more than one story nor have a roof height or roof peak higher than the principal structure.  (03-58)

7.         Ground Floor Area Per Dwelling. In accordance with requirements set forth in the Building Code of the Village of Addison.

8.         Front Yard - Single-Family Dwelling Uses. Not less than 30 feet in depth.

9.         Side Yards - Single-Family Dwelling Uses.

a.         Two side yards having a combined width of not less than 20 feet, and neither side yard less than 8 feet in width.

b.         A side yard abutting a street not to be less than 30 feet wide.

c.         If a corner lot, subdivided and duly recorded on the effective date of this ordinance, has insufficient width to provide such yard of 30 feet and still to maintain a buildable width of 32 feet including the side yard along the opposite side lot line, then the side yard abutting the street may be reduced in width by the distance necessary to maintain a buildable width of 32 feet, provided the side yard abutting a street is not reduced to less than 30 percent of the width of the lot.

10.       Rear Yard - Single-Family Dwelling Unit Uses. Not less than 40 feet in depth.

11.       Yards - Non Residential Permitted Uses and Special Uses. Front, side, and rear yards as required for single-family dwelling uses for buildings less than 30 feet in height; but for a building 30 feet or more in height, each yard--front, side and rear, as required for single-family dwellings--shall be increased in width or depth by two feet for each additional one foot of building height over 30 feet.

12.       Off-Street Loading - Non-Residential Permitted Uses and Special Uses.  Loading berths shall be provided in accordance with provisions set forth in Section VIII of this ordinance.

13.       Off-Street Parking. Parking spaces shall be provided in accordance with provisions set forth in Section VIII of this ordinance.

C.        R2 Single-Family Residence District.  [back to top]

1.         Permitted Uses. Uses permitted in the R1 District.

2.         Special Uses. Special uses allowed in the R1 District.

3.         Lot Area.  Not less than 8,400 square feet.

4.         Lot Width. Not less than 60 feet at the building area (buildable area).

5.         Floor Area Ratio - Non-Residential Permitted Uses and Special Uses.  Not to exceed 0.6.

6.         Building Height - Single-Family Dwelling Uses.  Not to exceed 30 feet.  No accessory structure shall have more than one story nor have a roof height or roof peak higher than the principal structure.  (03-58)

7.         Ground Floor Area Per Dwelling. In accordance with requirements set forth in the Building Code of the Village of Addison.

8.         Front Yard - Single-Family Dwelling Uses. Not less than 30 feet in depth.

9.         Side Yard - Single-Family Dwelling Uses.

a.         Two side yards having a combined width of not less than 16 feet; one side yard not less than 10 feet in width, the other not less than 6 feet in width, excepting with an attached private garage, then neither side yard less than 6 feet in width.

b.         A side yard abutting a street not to be less than 30 feet wide.

c.         If a corner lot, subdivided and duly recorded on the effective date of this ordinance, has insufficient width to provide such yard of 30 feet width and still maintain a buildable width of 32 feet, including the side yard along the opposite lot line, then the side yard abutting the street may be reduced in width by the distance necessary to maintain a buildable width of 32 feet, provided the side yard abutting the street is not reduced to less than 30 percent of the width of the lot.

10.       Rear Yard. Not less than 30 feet in depth.

11.      Yards - Non Residential Permitted Uses and Special Uses. Front, side and rear yards, as required for single-family dwelling uses for buildings less than 30 feet in height; but for a building 30 feet or more in height, each yard--front, side, and rear, as required for single-family dwellings--shall be increased in width or depth by two feet for each additional one foot of building height over 30 feet.

12.       Off-Street Loading - Non-Residential Permitted Uses and Special Uses. Loading berths in accordance with provisions set forth.

13.       Off-Street Parking. Parking spaces in accordance with provisions set forth in Section VIII of this ordinance.

D.        R3A Single-Family Residence District.  [back to top]

1.         Permitted Uses.

a.         Uses permitted in the R2 District.

b.         Special libraries.

2.         Special Uses.

a.         Special uses allowed in the R2 District, except libraries.  (04-71)

b.         Municipality-operated health centers.

c.         Sanitariums and nursing homes.

d.         Schools, boarding-nursery, elementary, junior high and high.

3.         Lot Area.  Not less than 7,800 square feet.

4.         Lot Width.  Not less than 60 feet at the building area (buildable area).

5.         Floor Area Ratio - Non Residential Permitted Uses and Special Uses.  Not to exceed 0.6.

6.         Building Height - Single-Family Dwelling Uses.  Not to exceed 30 feet.  No accessory building shall have more than one story nor have a roof height or roof peak higher than the principal structure.  (03-58)

7.         Front Yard.  Not less than 30 feet in depth.

8.         Side Yard.

a.         Two side yards having a combined width of not less than 16 feet; one side yard not less than 10 feet in width, the other not less than 6 feet in width, excepting with an attached private garage, then neither side yard less than 6 feet in width.

9.         Rear Yard. Not less than 30 feet in depth.

10.       Yards - Non-Residential Permitted Uses and Special Uses. Front, side, and rear yards, as required for single-family dwelling uses for building less than 40 feet in height; but for a building 40 feet or more in height, each yard--front, side and rear, as required for single-family dwellings--shall be increased in width and depth by two feet for each additional one foot of building height over 40 feet.

11.       Off-Street Loading. Loading berths in accordance with provisions set forth in Section VIII of this ordinance.

12.       Off-Street Parking. Parking spaces in accordance with provisions set forth in Section VIII of this ordinance.

E.        R3B Multiple-Family Residence (Low Density).  [back to top]

1.         Permitted Uses.

a.         As in the R2 District.

b.         Multiple-Family dwellings.

2.         Special Uses.  As in the R3A Single-Family Residence District. (04-71)

3.         Lot Area.

a.         Multiple-Family Dwellings:

b.         Other uses as in the R3A District.

4.         Lot Width.  Not less than 70 feet at the building area (buildable areas).

5.         Floor Area Ratio - Non-Residential Permitted Uses and Special Uses.  Not to exceed 0.6.

6.         Building Height - All Permitted Dwelling Uses.

a.         As in the R1 District for single-family detached dwellings.

b.         Not to exceed 40 feet.  No accessory building structure shall have more than one story nor have a roof height or roof peak higher than the principal structure.  (03-58)

7.         Front Yard. Not less than 30 feet in depth.

8.         Side Yard.

a.         Two side yards having a combined width of not less than 30 feet, with one side yard not less than 12 feet in width.

b.         A side yard abutting a street shall not be less than 30 feet in width.

c.         If a corner lot, subdivided and duly recorded prior to the effective date of this ordinance, has insufficient width to provide such yard of 30 feet width and still to maintain a buildable width of 32 feet, including the side yard along the opposite side lot line, then the side yard abutting the street may be reduced by the distance necessary to maintain a buildable width of 32 feet, provided such side yard is not reduced to less than 30 percent of the width of the lot.

9.         Rear Yard.  Not less than 40 feet in depth.

10.       Yards - Non-Residential Permitted Uses and Special Uses.  As in the R3A Single-Family Detached District.

11.       Off-Street Loading. As in the R3A Single-Family Detached District.

12.       Off-Street Parking. As in the R3A Single-Family Detached District.

F.         R3C Multiple-Family Residence District (Medium Density).  [back to top]

1.         Permitted Uses.

a.         Uses permitted in the R3B District

2.         Special Uses.   As in the R3B District.

3.         Lot Area.

a.         Multiple-Family Dwellings:

                        b.         Other uses as in the R3A District

4.         Lot Width.  Not less than 70 feet at the building area (buildable area).

5.         Floor Area Ratio - Non-Residential Permitted Uses and Special Uses. As in the R3B District.

6.         Building Height - All Permitted Dwelling Uses. As in the R3B District.

7.         Front Yard. As in the R3B District.

8.         Side Yard. As in the R3B District.

9.         Rear Yard. As in the R3B District.

10.       Yards - Non-Residential Permitted Uses and Special Uses. As in the R3B District.

11.       Off-Street Loading. As in the R3B District.

12.       Off-Street Parking. As in the R3B District.

G.        R3D Multiple-Family Residence District (High Density).  [back to top]

1.         Permitted Uses.  As in R3B District.

2.         Special Uses.  As in R3B District.

3.         Lot Area.

a.         Multiple Family Dwellings:

b.         Other uses as in the R3A District.

4.         Lot Width. Not less than 70 feet at the building area (buildable area).

5.         Floor Area Ratio - Non-Residential Permitted Uses and Special Uses. As in the R3B District.

6.         Building Height - All Permitted Dwelling Uses.  As in the R3B District.

7.         Front Yard.  As in the R3B District.

8.         Side Yard.  As in the R3B District.

9.         Rear Yard. As in the R3B District.

10.       Yards - Non-Residential Permitted Uses and Special Uses. As in the R3B District.

11.       Off-Street Loading. As in the R3B District.

12.       Off-Street Parking. As in the R3B District.

H.        R3E Two-Family Detached Residence District.  [back to top]

1.         Permitted Uses.

a.         Uses permitted in the R3A District.

b.         Two-Family Detached Dwellings.

2.         Special Uses. As in the R3B District.

3.         Lot Area.

a.         Two-Family Detached, 5,000 square feet per dwelling unit.

b.         Other uses, as in the R3A District.

4.         Lot Width. As in the R3B District.

5.         Floor Area Ratio - Non-Residential Permitted Uses and Special Uses.  As in the R3B District.

6.         Building Height - All Permitted Dwelling Uses. As in the R3A District.

7.         Front Yard. As in the R3B District.

8.         Side Yard. As in the R3B District.

9.         Rear Yard.  As in the R3B District.

10.       Yards - Non-Residential Permitted Uses and Special Uses.  As in the R3B District.

11.       Off-Street Loading. As in the R3B District.

12.       Off-Street Parking. As in the R3B District.

I.          R3F Single-Family Semi-Detached and Single-Family Attached Residence District.  [back to top]

1.         Permitted Uses.

a.         Uses permitted in the R3A District.

b.         Single-Family Semi-Detached and Single-Family Attached.

2.         Special Uses.  As in the R3B District.

3.         Lot Area.

a.         Single-Family Attached and Single-Family Semi-Detached, 6,000 square feet per dwelling unit.

b.         Other uses as in the R3A District.

4.         Lot Width. As in the R3B District.

5.         Floor Area Ratio - Non-Residential Permitted Uses and Special Uses.  As in the R3B District.

6.         Building Height - All permitted Dwelling Uses. As in the R3A District.

7.         Front Yard. As in the R3B District.

8.         Side Yard.  As in the R3B District.

9.         Rear Yard. As in the R3B District.

10.       Yards - Non-Residential Permitted Uses and Special Uses.  As in the R3B District.

11.       Off-Street Loading. As in the R3B District.

12.       Off-Street Parking. As in the R3B district.

J.         R4 Multiple-Family Residence District.   [back to top]

1.         Permitted Uses: All permitted uses are to be Planned Development Only.  See Section VII.

a.         Multiple-family dwellings having from 4 to and including 6 stories.

b.         All uses allowed in the R3D District.

c.         Public utility installation for sewers, water, gas, electric and telephone facilities.

d.         Temporary buildings for construction period or two years, whichever lesser. An extension may be permitted by the Building Commissioner if construction is continuing or if construction is to be continued within a 6-month period.

e.         Accessory buildings limited to a use totally incidental to a swimming pool unless approved by means of a planned development procedure.

f.          Small community residence, provided that:

(1)       It is located not less than 1000 feet from another small community residence; and

(2)       For small community residences with 4 or fewer residents, prior to occupancy, a certificate of zoning compliance is applied for and received; and

(3)       For small community residences with 5 to 8 residents, in addition to the requirements of subsection g.2, the Village Manager shall determine that there are no health, safety and welfare concerns to be addressed (ingress and egress for emergency vehicles, traffic, security, hazards and the like) or shall address the health, safety and welfare concerns as necessary and report his findings to the Village Board.   (91-82)

2.         Special Use:

a.         A maximum of 5 percent of lot area may be used for a commercial purpose. This commercial use must be clearly intended to serve only the occupants of the development and shall have no exterior entrances or advertising. All such uses must be set forth in the ordinance reclassifying the property.

b.         Large community residence, provided that:

(1)       No such residence shall be located less than 1000 feet from a small or large community residence; provided, however, that this spacing requirement may be waived if the President and Board of Trustees find that the cumulative effect of such uses would not alter the residential character of the neighborhood, would not create an institutional setting, and by its operation would not create an adverse effect on surrounding properties.

(2)       Prior to admitting residents, the operator of such residence shall demonstrate that the dwelling will comply with all applicable licensing and code standards.

(3)       Applicant shall submit a statement of the exact nature of the residence, the qualifications of the agency that will operate the residence, the number and type of personnel who will be  employed, and the number and nature of the residents who will live in the residence.

(4)       The residence shall, to the extent possible, conform to the type and outward appearances of the residences in the area in which it is located.

(5)       Prior to occupancy, a certificate of zoning compliance is applied for and received.   (91-82)

3.         Minimum Lot Area Requirements.  None.

4.         Intensity of Use - Lot Area Per Dwelling Unit.

These requirements are not subject to a planned development bonus or a variation. There shall be no living units below or partially below grade.

5.         Lot Width. No minimum requirements.

6.         Yards.

a.        A yard at the boundary of the area being developed shall not be less than 30 feet.

b.        All buildings exceeding 40 feet or 3 stories, whichever is lesser, shall be set back from the minimum as set forth in subsection (a) an additional foot for each two feet of height above 3 stories or 40 feet, whichever is lesser. Under a Planned Development, a variation may be granted under this subsection for front yards only if the development fronts in a manufacturing or business zone.

7.         Maximum Lot Coverage and Minimum Open Space.

a.         The total ground floor area for all buildings on a lot, including open parking spaces, private access roads and access ways shall not exceed 40 percent.

b.         Building coverage not to exceed 20 percent.

c.         Minimum open space or grass area not less than 60 percent.

d.         Parking and access drives may be allowed within or under any building.  All unenclosed parking areas shall not be located closer than 10 feet to a building.

8.         Off-Street Parking. Parking spaces in accordance with provisions set forth in Section VIII of this ordinance and the following:

a.         Two spaces per unit with one space contained within or under the building for all one and two bedroom dwelling units.  (88-53)

b.         Two and one-half spaces per unit with two spaces contained within or under the building in all three bedroom dwelling units.

c.         All parking contained within the building shall be in the lower portion or underground.

d.         Additional space outside the building shall be provided to assure compliance with the off-street parking ordinance of the Village of Addison with minimum requirement of one-half space per unit.

9.         General Requirements.

a.         Plans shall be submitted with the application for a change in use classification.  Said plans shall be subject to review if no building permit has been issued within 2 years from the date of said ordinance changing the uses classification.

b.         All architectural and site plans shall be submitted to the Planning and Zoning Commission for recommendation to the Village Board for final approval. Plans are to be submitted to the Director of Community Development for recommendations with respect to the Building Code. Plans are also to be submitted to the Village Engineer for recommendations on all on-site, off-site and utilities improvements. The Village Engineer shall also make recommendations on structural plans with all costs to be incurred by the petitioner. (12-06)

K.        R5 Multiple-Family Residence District.  [back to top]

1.         Permitted Uses. All permitted uses are to be planned development only. See Section VII.

a.         Multiple-family dwellings for 7 stories and above.

b.         Uses permitted in the R4 District.

2.         Special Uses.

a.         Special uses as in R4.

b.         Office buildings, clinics.

c.         Other commercial uses on ground floor as outlined in B/P and B-1 districts.

3.         Minimum Lot Area Requirements. Same as R4 District.

4.         Intensity of Use - Lot Area Per Dwelling Unit.

These requirements are not subject to a planned development bonus or a variation.

5.         Lot Width. Same as R4 District.

6.         Yards. Same as R4 District.

7.         Maximum Lot Coverage and Minimum Open Space.

a.         The total ground floor area for all buildings on a lot including open parking spaces, private access roads and access ways shall not exceed 35 percent.

b.         Building coverage not to exceed 15 percent.

c.         Minimum open space or grass area not less than 65 percent.

8.         Off-Street Parking. Same as R4 District.

9.         General Requirements. Same as R4 District.
 

SECTION V.  BUSINESS DISTRICT

A.        General Requirements -  All business districts.  [back to top]

1.         All business, service, storage, merchandise, display, and where permitted, repair and processing, shall be conducted wholly within an enclosed building, except as otherwise permitted herein for specified uses such as off-street automobile parking, off-street loading, and open-sales lots or outside storage in districts where they are permitted.

2.         Goods sold shall consist primarily of new merchandise, and any goods produced on the premises shall be sold at retail on the premises unless otherwise permitted herein for specified uses.

3.         Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, noise, vibration, refuse matter, or water-carried waste.

4.         There shall be permitted in all shopping centers, regardless of zoning classification, containing 10 acres or more, one free standing Kiosk for the purpose of receiving and distributing films.

5.         Outside Storage. 

a.         Outside storage of goods or materials is prohibited in this District unless a variation has been granted in the manner provided by law, which variation shall be subject to the following regulations:

(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 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 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. (80-60; 86-20; 02-01)

b.         Outside storage of any vehicle being serviced by an automobile repair shop is limited to the interior side yard and the rear yard of the repair shop premises.  If the vehicles being serviced are screened so that they are not visible to adjacent properties, the public roadway or the general public, then the outside storage of a vehicle being serviced shall be permitted for not more than six months.  If the vehicles being serviced are not screened in the manner heretofore provided, then the outside storage of a vehicle being serviced shall be permitted for no more than 7 days. (02-01)

c.         Grace Period: There will be a 6-month period of grace for all parties involved, except for new construction.  This grace period starts from the day of the official enactment of this ordinance and effective date.  (80-60; 86-20; 02-01)

d.         Trucks and semi-trailers shall not be parked or stored out-of-doors overnight, in the parking lot or on the premises except within an enclosed loading dock, garage, or within a walled and gated sight screen enclosure, open only to the sky, constructed of the same masonry exterior materials as the principal building and equal in height to the height of the first floor of the principal building.  However, temporary parking overnight, not to exceed a 48-hour time period, may be permitted for delivery vehicles which arrive after normal business hours.  (06-126)

6.         Gasoline and fuel dispensing units where permitted shall not be located nearer than 20 feet to a lot line.   (81-05; 86-20)

7.         All noise performance standards as set forth in Section VI.B.1 of this Zoning Ordinance shall apply to all Business Districts.   (86-20)

B.        Business - Professional Office District.  [back to top]

1.         General Conditions. - No dwelling units permitted.

2.         Permitted Uses.

a.         Banks, savings and loans and financial institutions.

b.         General business offices.

c.         Professional offices.

d.         Studio for artist, sculptor or musician.

e.         Related retail and service facilities within an office building, but limited to only 25 percent of the gross ground floor area of the building. These facilities shall not have any exterior entrances or exits or signs.

f.          Other business uses similar to the above.

g.         Accessory building and uses.

h.        Single and multi-family residential uses, in buildings which were legally constructed on or before July 1, 1998, and which buildings were actually used for single or multi-family residential purposes on July 1, 1998. (98-61)

i.         Employment or temporary staffing agency, not including day labor staffing.  (06-126)

3.         Special Uses.

a.         Radio and television towers

b.         Radio and television broadcasting studios

c.         Mortuary

d.         Day care centers (83-26)

4.         Floor Area Ratio.  Not to exceed 0.8.

5.         Front Yard - Not less than 30 feet in depth.

6.         Side Yards.  On a one-story building, these shall be a minimum of 5 feet on one side and 15 feet on the other side; if a building is over one story, a 20-foot setback on both sides is required.

7.         Rear Yard.  Not less than 20 feet in depth.

8.         Additional Requirements:

a.         On lots fronting on two non-intersecting streets, a front yard shall be provided on both streets.

b.         On a corner lot, the narrow frontage of the lot shall be considered the front yard; the side yard abutting the other street shall have a minimum setback of 15 feet.

c.         Required front yards shall be devoted entirely to landscaped area except for the necessary paving of parking areas as permitted under Section VIII, driveways and sidewalks to reach parking areas. Landscaped areas shall mean that the area is permanently devoted and maintained to the growing of shrubbery, grass and other plant material.   (92-1)

d.         The rear yard shall contain a screening of shrubs of a minimum of 5 feet height dense planting.

9.         Minimum Lot Area.  Not less than 6,000 square feet.

10.       Off-Street Parking and Loading.  Parking spaces and loading berths shall be in accordance with provisions set forth in Section VIII of this ordinance.

11.       Waste Materials.  All waste materials shall be contained within the principal building or accessory building.

12.       Height.  Building height shall not exceed 30 feet, measured from the curb line or two stories, whichever is lower.

C.        B1 Local Business District  [back to top]

1.         General Conditions.

a.         Dwelling units are not permitted.

b.         Each business establishment is restricted to not more than 5,000 square feet of floor area.

2.         Permitted Uses.

a.         Barber shops

b.         Beauty parlors

c.         Candy and ice cream stores

d.         Drug stores

e.         Dry-cleaning and laundry-receiving establishments - processing to be done elsewhere

f.          Food stores, including grocery stores, meat markets, bakeries, and delicatessens - retail sales only

g.         Libraries

h.         Shoe stores

i.          Shoe and hat repair stores

j.          Temporary buildings for construction purposes for a period not to exceed the duration of such construction

k.         Variety stores

l.          Accessory structure and uses

m.        Mortuary, undertaking and funeral parlors

n.         Religious institutions and churches (Ord. 05-116)

o.         Employment or temporary staffing agency not including day labor staffing  (06-126)

3.         Special Uses.

a.         Other business uses similar to the permitted uses listed above.

b.         Electric and telephone substations.

c.         Planned development on a parcel of land not less than two acres in area. See Section II.

d.         Automobile service station.

e.         Automobile laundries.

4.        Floor Area Ratio.  Not to exceed 0.8.

5.        Front Yard.  Not less than 30 feet in depth.

6.        Side Yards.  If a side yard is provided, it shall be not less than 5 feet wide except where a side lot line coincides with a side lot line in an adjacent Residence District, a yard shall be provided along such side lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this ordinance for residential use on the adjacent residential lot. A side yard adjoining a street shall be not less than 30 feet in width.

7.         Rear Yard.  Not less than 20 feet in depth.

8.         Off-Street Loading.  Loading berths shall be in accordance with provisions set forth in Section VIII of this ordinance.

9.         Off-Street Parking.  Parking spaces shall be in accordance with provisions set forth in Section VIII of this ordinance.

10.       Building Height.  Shall not exceed 30 feet, measured at the curb line or two stories, whichever is lower.

D.        B2 Community Business District  [back to top]

1.         General Conditions. (06-126)

a.         Dwelling units are not permitted below the second story in this district.

b.         From and after December 1, 2006, permitted uses marked with an asterisk (*) are not permitted below the second story within this district on properties adjacent to Lake Street or having a Lake Street address, between Medinah Road on the west and Itasca Road on the east.  Permitted uses marked with an asterisk but established as a use at a particular location prior to December 1, 2006 shall continue to be treated as legal nonconforming uses at that location only.

2.         Permitted Uses.  Any permitted use allowed in the B-1 District, also (06-126)

a.        Adult daycare facility (14-66)

b.        Antique shops

c.        Art and school supply stores

d.        Art galleries - but not including auction rooms

e.        Bakeries - where not more than 50 percent of the floor area is devoted to processing, and not employing more than 8 persons

f.        Banks, savings and loans and financial institutions, except as an ancillary to a principal use in a grocery store that is 40,000 square feet, or greater*

g.        Barber shops

h.        Beauty parlors

i.        Bicycle stores - sales, rental and repair

j.        Book and stationery stores

k.       Camera and photographic supply stores

l.        Candy and ice cream stores

m.       Carpet and rug stores

n.        China and glassware stores

o.        Coin and philatelic stores

p.        Currency exchanges – no pay day loan services*

q.        Custom dressmaking

r.        Department stores

s.        Drug stores

t.        Dry cleaning establishments - retail or automatic self service, employing not more than 2 persons in addition to one owner or manager.  In addition, the following requirements must be complied with:

(1)       Retail phase of operation must be confined to the premises

(2)      Objectionable odors to be completely contained within said premises. Owner is to comply with existing and future pollution control ordinances designed to protect the health, welfare and safety of both occupants, customers and adjacent uses.

(3)       Self service phase of operation - must have an attendant in the establishment at all times during business hours.

(4)       If combined with laundromat, B2 dd. all "Additional Requirements" of both uses must be complied with and the total number of employees may not exceed 5 persons, including the owner.

u.        Dry - goods stores

v.        Electrical and household appliance stores, including radio and television sales

w.       Flower shops and conservatories

x.        Food stores, including grocery stores, meat markets, bakeries and delicatessens

y.        Furniture stores - including upholstery when conducted as part of the retail operation and secondary to the principal use

z.        Furrier shops - including the incidental storage and conditioning of furs

aa.      Garden supply and seed stores

bb.      Gift shops

cc.       Haberdasheries

dd.      Hardware stores

ee.       Hobby shops - for retailing of items to be assembled or used away from the premises

ff.        Hotels and motels - including dining and meeting rooms, provided that business uses, other than those which are commonly incidental to a hotel business, shall not occupy spare fronting on a hotel hall or lobby

gg.       Interior decorating shops - including upholstery and making of draperies, slip covers, and other similar articles when conducted as part of the retail operations and secondary to the principal use

hh.       Jewelry stores - including watch repair

ii.        Laboratories - medical and dental, also research and testing*

jj.        Laundromats - automatic self service type or hand, employing not more than two persons in addition to one owner or manager.  In addition, the following requirements must be complied with:

(1)       There must be an attendant in the establishment from 7:00 P.M. until closing.

(2)       A separate water meter must be provided for this use and no combination with other uses is to be permitted.   (86-06)

kk.       Leather goods and luggage stores

ll.        Liquor stores - retail sales

mm.     Loan offices*

nn.       Locksmith shops

oo.       Mail order service stores

pp.       Medical and dental clinics

qq.       Millinery shops

rr.        Mortuary, undertaking and funeral parlors*

ss.        Musical instrument sales and repair

tt.         Newspaper offices, but not including printing

uu.       Offices - business, professional and public

vv.       Office supply stores

ww.     Opticians and optometrists

xx.        Paint and wall paper stores

yy.        Photographs studios - including developing and printing of photographs when conducted on the premises as a part of the retail business

zz.        Physical culture and health services, gymnasiums, reducing salons, masseurs and public baths

aaa.      Picture framing - when conducted on the premises for retail trade\

bbb.     Post offices

ccc.      Restaurants - when no entertainment or dancing is provided

ddd.    Restricted production and repair limited to the following:  art needlework, clothing, custom manufacturing and alterations for retail only of jewelry from  precious metals

eee.     Schools - music, dance or business

fff.       Sewing machine sales and services - household machines only

ggg.     Shoe stores

hhh.     Shoe and hat repair stores

iii.       Sporting goods stores

jjj.       Tailor shops

kkk.     Taverns, where live entertainment other than music or dancing is not provided

lll.       Telegraph offices

mmm.  Tobacco shops - retail sales

nnn.     Toy shops

ooo.    Travel bureaus and transportation ticket offices

ppp.    Variety stores

qqq.    Wearing apparel shops

rrr.      Wholesale establishment - with storage of merchandise limited to samples only

sss.      Accessory uses to the above permitted uses

3.         Special Uses.  Any special use allowed in the B1 District, except such as are permitted in the B2 District, also:

a.         Art galleries and museums - public.

b.        Schools, commercial or trade - including those teaching music, dance, business, commercial, or technical subjects when not thereby involving increased danger of fire and explosion, nor of noise, vibration, smoke, dust, odor, glare, heat, and other objectionable influences.

c.         Convents, monasteries, theological schools, rectories, and parish houses.

d.         Health centers.

e.          Libraries - public.

f.         Parking lots and storage garages - for motor vehicles under one and one-half tons capacity.

g.         Planned development on a tract of land not less than two acres in area.  See Section VII.

h.          Drive-in restaurants.

i.          Public utility and public service uses including:

(1)       Electric substations

(2)       Fire stations

(3)       Police stations

(4)       Railroad rights-of-ways

(5)       Telephone exchanges, microwave relay towers and telephone transmission equipment buildings

(6)       Transit and transportation facilities, including shelter, terminals, parking areas, and service buildings

(7)       Water filtration plants, pumping stations, reservoirs, and sewage treatment plants, municipal

(8)       Other similar uses

k.         Recreational buildings and community centers.

l.          Game room.

m.        Open eating areas.   (84-20)

n.         Discotheques which include non-alcoholic beverage and food service on the premises.   (89-62)

(Ord. 22-41)

4.         Floor Area Ratio.  Not to exceed 1.3.

5.         Front Yard.  There shall be provided a front yard of not less than 10 feet in depth.

6.         Side Yards.  If a side yard is provided, it shall not be less than 5 feet wide, except where a side lot line coincides with a side lot line in an adjacent Residence District, a yard shall be provided along such lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this ordinance for a residential use on an adjacent residential lot. A side yard adjoining a street shall be not less than 10 feet in width.

7.         Rear Yard.  There shall be provided a rear yard of not less than 20 feet in depth.

8.         Off-Street Loading.  Loading berths in accordance with provisions set forth in Section VIII of this ordinance.

9.         Off-Street Parking.  Parking spaces in accordance with provisions set forth in Section VIII of this ordinance.

10.       Building Height shall not exceed 30 feet, measured at the curb line or 2 stories, whichever is lower.

E.        B3 Service Business District.  [back to top]

1.         General Conditions.  Dwelling units and lodging rooms, other than those in a transient hotel or motel, are not permitted.

2.         Permitted Uses.

a.         Uses permitted in the B2 District, subject, however, to compliance of the use with the General Conditions of the B2 District (06-126)

b.         Amusement establishments - bowling alleys, gymnasiums, swimming pools, and skating rinks and other similar uses  (02-01)

c.         Auction rooms

d.         Automobile accessory stores

e.         (Ord. 05-116)

f.          Blueprinting and photo-copying establishments

g.         Building materials sales - with accessory enclosed storage

h.         Caskets and casket supplies

i.          Catering establishments

j.          Clothing establishments

k.         Contractors. and construction offices

l.          Clubs and lodges - private, fraternal, or religious

m.        (03-58)

n.         Extermination shops

o.         Feed stores

p.         Fire stations

q.         Frozen food shops - including locker rental in conjunction therewith

r.          Fuel and ice sales - retail only

s.         Garages - public

t.          Greenhouses

u.         Job printing shops - using presses having beds of not more than 14 inches and 20 inches

v.         Libraries

w.        Machinery and equipment sales - including service, repair, or reconditioning and storage of all machinery within enclosed buildings

x.         Mail order houses

y.         Meat markets - including the sale of meat and meat products to restaurants, hotels, clubs, and other similar establishments when conducted as part of the retail business of the premises

z.         Meeting halls

aa.       Monument sales

bb.      Orthopedic and medical appliance stores - but not including the assembly or manufacture of such articles

cc.       Parking lots and storage garages - automobiles

dd.       Pet shops

ee.       Police station

ff.        Plumbing showrooms and shops

gg.       Radio and television service and repair shops

hh.       Recording studios

ii.        Recreational buildings, community centers, and meeting halls

jj.        Restaurants - including live entertainment and dancing

kk.      Schools, commercial or trade - not involving any danger of fire, explosion, nor of offensive noise, vibration, smoke, dust, odor, glare, heat, or other objectionable influences

ll.        Taxidermists

mm.     Telephone exchanges, microwave relay towers, and telephone transmission equipment buildings and electric distribution centers

nn.       Typewriter and adding machine sales and service establishments

oo.       Undertaking establishments and funeral parlors

pp.       Accessory structure and uses to the above permitted uses (14-66)

3.         Special Uses.

a.         Special uses allowed in the B2 District, except such as are permitted in the B3 District

b.         Animal hospitals

c.         Dog kennels

d.         Open-sales lots

e.         Other service business uses

f.         Outdoor amusements establishments - golf driving range, miniature golf courses, par 3 golf courses, kiddie parks, and other similar amusement centers and places of amusements such as stadiums

g.         Automobile accessory stores (tires, batteries and accessories) with associated automobile service station

h.         Flea markets  (81-55)

i.          Open eating areas   (84-20)

j.          Pool halls/billiard parlors  (02-01)

k.         New and used auto and recreational vehicle sales  (05-116; 12-50)

4.         Floor Area Ratio.  Not to exceed 1.3.

5.         Yards.  As in the B2 District.

6.         Off-Street Loading - Loading berths in accordance with provisions set forth in Section VIII of this ordinance.

7.         Off-Street Parking - Parking spaces in accordance with provisions set forth in Section VIII of this ordinance.

8.         Building Height - Shall not exceed 30 feet, measured at the curb line or 2 stories, whichever is lower.

F.         B4 Regional Shopping Center District.  [back to top]

1.         General Conditions.

a.       No area shall be eligible for this zoning classification unless it is a compact, contiguous parcel of land containing 60 or more acres under unified ownership or control.

b.       Dwelling units and lodging rooms, other than those in a transient hotel or motel, are not permitted.

c.        No building or other structure shall exceed 125 feet or 12 stories, whichever is greater, in height.

d.       Except as otherwise specified, all sales and other uses permitted in this zoning district shall be conducted in permanent buildings, and in no case shall retail sales from trailers be permitted.

e.       All permitted uses are to be Planned Unit Development only.

2.         Permitted Uses.

a.        Antique shops

b.        Art and school supply stores, art galleries, picture framing

c.        Automotive vehicle or recreational vehicle sales, not including mobile homes (no open sales lots)

d.        Bakeries (not more than 50 percent of the floor space is devoted to processing).

e.        Bank or financial institution including currency exchanges and drive-in banking facilities.

f.         Bicycle stores, including sales, rental and repair

g.        Camera and photographic supply stores

h.        Candy and ice cream stores

i.         Carpet and rug stores

j.         China and glassware stores

k.        Churches

l.         Clothing stores

m.        Cocktail lounges

n.         Commercial recreational uses (indoor)

o.        Customer dressmaking

p.        Department stores

q.        Display and sales room

r.         Drug stores

s.         Dry goods

t.          Electrical and household appliance stores

u.         Flower shops

v.         Food stores, including grocery stores, meat markets and delicatessens

w.        Furniture stores with associated upholstery service

x.         Furrier shops

y.         Garden supply stores

z.         Gift shops

aa.       Hardware stores

bb.       Hobby shops

cc.       Interior decorating shops

dd.       Jewelry stores

ee.       Laundries - automatic self-service type or hand - subject to the restrictions contained in Section V.D.2.dd and dry-cleaning establishments.  (86-06)

ff.        Leather and luggage stores

gg.       Libraries

hh.       Liquor stores

ii.        Loan offices

jj.        Locksmith and key shops

kk.       Mail order stores

ll.        Meeting halls

mm.     Motels and hotels

nn.       Musical shops, including associated instrument repair

oo.       Office or office buildings, including medical and dental clinics, laboratories and professional offices

pp.       Office supply stores

qq.       Paint and wallpaper stores

rr.        Personal service uses, including barber shop, beauty parlor, card shop, coin shop, photographic or art studio, tailoring, shoe repairing, tobacco shop, laundry or dry cleaning receiving station, taxi cab stands, and bus depots, and other uses of similar character

ss.       Pet shops, provided that dogs shall not be boarded or bred in such shops.

tt.        Physical culture and health stores

uu.       Post offices

vv.      Public garage and automobile repair shop (not including automobile body repairs)

ww.    Radio or television broadcasting station or studio

xx.       Restaurants, including sale of alcoholic beverages

yy.       Schools - music, dance, commercial or business

zz.        Shoe stores

aaa.     Sporting goods stores

bbb.    Stationery and book stores

ccc.     Variety stores

ddd.    Temporary outdoor demonstration and exhibitions of merchandising primarily for outdoor use - not to exceed two weeks duration at any one time.

eee.    Theater, not including drive-in theater

fff.       Toy shops

ggg.     Travel bureaus

hhh.     Trailer or boat sales with no open storage lots

iii.       Accessory uses to the above permitted uses

3.         Special Uses.

a.         Animal hospitals

b.         Automotive vehicle or recreational vehicle sales with open sales lots

c.         Car wash

d.         Dog kennels

e.         Drive-in restaurants

f.          Electric, telephone and gas substations and facilities

g.         Trailer or boat sales with open sales lots

h.         Water storage tanks

4.         Floor Area Ratio.  Not to exceed 2.0.

5.         Yards.   For the purpose of interpreting and enforcing the yard regulations of this section, the entire area included within the B4 District shall be considered as a single lot. No building shall be erected within 40 feet of any lot line.  This shall not prevent the construction of service drives, parking area or underground utilities within 40 feet of lot lines. Notwithstanding the provisions of Section II C) of this ordinance, in B4 zoning districts only, more than one principal building or structure may be erected on a lot.

6.         Off-Street Loading. In lieu of the requirements of Section VIII of this ordinance, one loading berth shall be provided for each 75,000 square feet of floor area devoted to retail sales and one loading berth shall be provided for each 100,000 square feet of floor area devoted to other purposes (except mall, hallways, etc.)  Each loading berth shall be at least 10 feet in width and at least 50 feet in length, exclusive of aisle and maneuvering space, and shall have vertical clearance of at least 14 feet.

7.         Off-Street Parking.  In addition to the requirements of Section VIII of this ordinance, whenever any building is erected or land is used for the purposes of a B-4 District, off-street parking facilities shall also meet the following requirements:

a.         No off-street parking spaces shall be located closer than 10 feet to the boundary of the District.  If the adjoining district is residential, the parking shall not be closer than 30 feet to the boundary.

b.         A system of floodlights shall be installed to provide an adequate standard of illumination over the entire parking lot during all hours of darkness.  All  floodlights shall be shielded so that minimum glare will extend to the adjacent property and shall meet requirements of the Village Engineer. (92-1)

G.        B5 Planned Community Commercial/Office District (83-74)  [back to top]

1.         Purpose.  The Planned Community Commercial/Office District is an incentive zoning district intended to provide for alternative development of compatible commercial and office uses providing shopping, services and professional and business offices in locations which provide convenient access for residents of Addison and surrounding communities.  The District regulations include standards for site development intended to allow a scale of commercial and office use related to the available land area and surrounding areas, and encourage assembly of smaller parcels so that proper site development and access may be provided.  The District also provides specific standards for landscaping and other features to produce a high quality of site development.

2.         General Requirements. 

a.         No district shall be established under this classification unless it is a contiguous compact parcel of land with not less than 100 feet of frontage on a major street as identified in the Official Map of the Village; or unless it is contiguous to an established Planned Community Commercial/Office District.

b.         No lot, parcel, or tract of land shall be used and no building or structure shall be erected, unless a Special Use Permit for a Planned Development is granted in accordance with the following standards:

(1)       A Planned Development shall conform to all requirements of Section VII and Section VI, A., except that where there is a conflict between the requirements contained in this section and other requirements, the requirements of this section shall govern.

(2)       A Planned Development may consist of conventionally subdivided lots to be sold; undivided single ownership; separate condominium units; or other ownership methods, provided that any instrument by which the Planned Development is established shall be binding in perpetuity on all property within the Planned Development.  (83-74)

(3)       A Planned Development may consist of separate phases or units, provided that no separate phases or unit shall be less than two acres in size if two acres of consolidated, undeveloped property can be contiguously achieved. Where parcels of smaller size cannot be assembled to incorporate two acres and if a finding is made by the Planning and Zoning Commission and Village Board that special circumstances are present not caused by the owner and that it is in the best interests of the Village to have the property developed as part of a planned development rather than allow it to lie fallow and unused or to be improvidently planned, a variation of the minimum acreage required may be granted through the Planned Unit Development ordinance. (87-22; 12-06)

c.         No outside storage shall be permitted in the district, and no variation to allow any outside storage may be granted; provided, however, that indoor storage, warehousing, showroom storage and distribution may be permitted as accessory uses if said uses are confined to less than 30 percent of the floor area of a particular use.    (Ord. 90-107)

d.         Drive-in and drive-through facilities shall not be permitted on parcels of less than two acres in size.

e.         Dwelling units are not permitted.  (83-74)

3.         Permitted Uses.

a.         Antique shops

b.         Art and school supply stores

c.         Art galleries and studios

d.         Banks, savings and loans, and financial institutions

e.         Banquet facilities (90-107)

f.          Barber shops and beauty parlors

g.         Bicycle stores

h.         Book and stationery stores

i.          Candy and ice cream shops

j.          Camera and photographic supply shops for retail sales

k.         China and glassware stores

l.          Coin and philatelic stores

m.        Currency exchanges

n.         Custom dressmaking, millinery, tailoring, or shoe repair shops, when conducted for retail sale on the premises only

o.         Day care centers   (90-107)

p.         Dry cleaning and laundry receiving facilities, drop off and pickup only

q.         Employment agency

r.          Florists shops and conservatories for retail trade on the premises only

s.         Furrier when conducted for retail trade on the premises only

t.          Gift shops

u.         Health clubs   (90-107)

v.         Hobby shops, for retail sales of items to be assembled or used away from the premises

w.        Hotels and motels   (90-107)

x.         Interior decorating shops, including upholstery and making of draperies, slip covers and similar articles, when conducted as part of the retail operations and secondary to the principal use

y.         Jewelry and watch repair shops

z.         Leather goods and luggage stores

aa.       Locksmith

bb.       Mail order service stores

cc.       Millinery shops

dd.       Musical instrument sales, retail trade only

ee.       News stands

ff.        Offices, business and professional, including medical clinics

gg.       Office supply stores

hh.       Optician, optometrist

ii.        Orthopedic and medical appliance store, but not including the assembly or manufacture of such articles

jj.        Paint and wallpaper stores

kk.       Photography studios, including the development of film and pictures when done as a part of the retail business on the premises

ll.        Phonograph record stores

mm.     Picture framing, when conducted for retail trade on the premises only

nn.       Restaurants and cocktail lounges   (90-107)

oo.       Retail stores   (90-107)

pp.       Shoe and hat stores, and repairing when done as a part of the retail business

qq.       Sporting goods stores

rr.        Tobacco shops

ss.       Toy stores

tt.         Travel agencies and transportation ticket offices

uu.       Wearing apparel shops

vv.       Accessory uses

4.         Floor Area Ratio.  The maximum floor area ratio shall be 0.75.  Parking areas and basements shall not be included in the calculation of the floor area ratio.   (Ord. 90-107)

5.         Yards.

a.         Front Yard.     A front yard shall be provided of not less than 30 feet in depth.

b.         Side Yards.  A side yard of not less than 10 feet in width shall be provided on each side of the principal structure, except that:

(1)       A side yard abutting a street shall be not less than 30 feet in width.

(2)       A side yard abutting a residential district shall be not less than 20 feet in width.

(3)       A 5-foot parking setback shall be allowed.   (Ord. 90-107)

c.         Rear Yard.  A rear yard of not less than 20 feet in depth shall be provided, with a parking setback of 5 feet, except where a rear lot line abuts a residential district a rear yard of not less than 30 feet in depth shall be provided.  (Ord. 90-107)

6.         Building Height

a.         The maximum building height shall be nine stories, but not more than 85 feet, exclusive of chimneys, cooling towers, mechanical appurtenances, or other rooftop structures.   (90-107)

b.         All cooling towers, mechanical equipment or appurtenances, vents, intakes or stacks, or other rooftop structures shall be screened from view on all sides of the building by a parapet wall, solid sight screen or other means which shall completely conceal the rooftop structures from view.  A chimney constructed of the same masonry as the exterior of the building is excepted, but a chimney of any other material must be screened.  The screens shall comply with all building code requirements for fire rating, wind loads, and structural integrity. (90-107)

7.         Development Standards.

a.         Storm Water Detention/Retention.

(1)       Every Planned Community Commercial/Office District shall provide for facilities to control storm water runoff from the site in accordance with the requirements of the Storm Water Control Ordinances of the Village of Addison.

b.         Landscaping.

(1)       All yards and open space between and abutting buildings, structures, off-street parking and loading areas, streets and driveways shall be landscaped, and such landscaped area shall be properly and continually maintained by the owner and/or tenant of the premises.

(2)       All on-site stormwater retention/detention facilities and open channels shall have suitable landscaping installed to accommodate fluctuating water levels.

(3)       Where any side or rear yard abuts a residential district, buffer strip shall be provided:

(a)       Where no building or structure on the parcel exceeds 30 feet in height, the buffer strip shall be 10 feet in width, and shall be improved and maintained with landscaping providing a full year-round visual screen to a height of 8 feet.

(b)       Where any building on the parcel exceeds 30 feet in height, the buffer strip shall be 25 feet in width improved with a combination of earth berms and full landscaping to a height of 8 feet above the grade of the adjoining lot lines.  The height of the berms shall be from 4 to 8 feet in height depending on the grades of the abutting residential property in relation to the proposed building height and finished grades of the new development.

(4)       Where any front or side yard abuts a public right-of-way, a landscaped area 10 feet in width shall be provided.  This landscaped area shall be improved and maintained with a combination of deciduous and evergreen plant material.  If parking is located in front of the principal building, the landscape plantings shall be maintained as a full year-round visual screen to a height of 3 feet, except as necessary to provide adequate site distance at points of ingress or egress.

(5)       Within the required landscaped area, existing mature vegetation on the site shall be preserved to the maximum extent consistent with other development standard.

c.         Lighting.  All exterior lighting, parking lot lights, exterior building lights and landscape lighting shall be directed away from adjoining highways, streets, and properties.  No direct light from any lighting within a Planned Community Commercial/Office District shall be cast on any property in a Residential District.

d.         Refuse and Trash Collection Areas.  Refuse or trash collection areas shall be provided within or at the rear of a structure or positioned in or near a common parking lot or a driveway, and shall be completely screened from view on all sides, with solid fencing of either wood or masonry construction, to a height of 7 feet and shall include concrete pad and an operable door of adequate width.  Each such refuse area shall be provided with a closed and covered trash container.  It shall be the responsibility, either separate or joint, of the owners and/or manager of the structure to ensure that the refuse areas are kept in a neat and well-ordered manner at all times.  The owner and/or manager of the structure shall ensure that the spillover at the time of refuse removal is promptly and properly cleaned up, and that refuse is removed on a regular basis.

e.         Off-Street Parking and Loading.   Off-street parking and loading facilities shall be provided in accordance with the requirements of Section VIII, except that:

(1)       No off-street parking facilities shall be located closer than 10 feet to any residential district or any public right-of-way.

(2)       No off-street parking facilities shall be located in the front yard or closer than 25 feet to any residential district.         

(3)       Trucks and semi-trailers shall not be parked or stored out-of-doors overnight, in the parking lot or on the premises except within an enclosed loading dock, garage, or within a walled and gated sight screen enclosure, open only to the sky, constructed of the same masonry exterior materials as the principal building and equal in height to the height of the first floor of the principal building.  However, temporary parking overnight, not to exceed a 48-hour time period, may be permitted for delivery vehicles which arrive after normal business hours.

f.          Architectural Character.  The architectural character shall include the general arrangement of all buildings or structures designed to be open to view from a public street or right-of-way; kind, color, and texture of the building material of the buildings or structures; and the type of windows, doors, lights, and other fixtures attached to the buildings or structures.  To maintain a desirable architectural character for development, all building materials should be selected for suitability to the type of buildings and style in which  they are used, and for harmony with adjoining buildings.

g.         Site Access. 

(1)       A maximum of one driveway curb cut along the principal street frontage of the parcel shall be permitted for each parcel, except that where the principal street frontage is greater than 50 feet, and where warranted by specific site conditions, an exception may be allowed to permit one additional driveway curb cut.  However, the additional curb cut shall not be closer than 50 feet to any existing driveway along the same street frontage, whether on the same parcel or on an adjacent parcel.

(2)       Where a parcel abuts a parcel zoned for business use, access easements for vehicular use shall be provided to allow a safe and convenient flow of traffic between the parcels.

(3)       No driveway curb cut along a street frontage shall be located closer than 10 feet to any side or rear lot line or closer than 20 feet to any public right-of-way intersecting that street frontage.

8.         Development Plan.

a.         An applicant for Planned Community Commercial/Office District shall prepare and submit a Development Plan for approval as part of the Special Use Permit for a Planned Development.  The plan shall include all property within the proposed District, shall be drawn to scale, and shall show the existing topography with contour intervals not greater than 1 foot.  The plan shall show existing and proposed streets, access easements, and other public ways or public property, lots, boundaries location of all principal and accessory structures, including signs, setbacks and area of building sites.  If the Planned Community/Commercial Office District is to be subdivided, the plan shall be accompanied by a plat giving the full information as required by the subdivision regulations of the Village.  The Development Plan shall also include:

(1)       A landscaping plan showing all proposed landscaping and screening, including size, location and varieties of plant material, location and elevations of any proposed berms; relations of landscaping to any proposed structures, including signs, within the landscaped area; and location and elevation of refuse disposal facilities.

(2)       A drainage plan showing preliminary grading and preliminary design of all on-site storm water control facilities and location of easements and drainage canals.  Where a donation for off-site storm water control facilities is to be proposed in lieu of on-site facilities, the engineering evaluation and appraisal report shall be submitted with the Development Plan.

(3)       Preliminary architectural elevations of all proposed buildings and structures, including signs, with sufficient detail to show the proposed style and materials.

b.         Stages of development, if any, shall be indicated on the plan along with the sequence which will be followed in construction.  The plan shall also be accompanied by any private covenants or restrictions by which development within the district shall be governed.  (83-74)
 

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