RVS Industries, Inc. v. Village of Shiloh Opinion corrected 11/10/04

820 N.E.2d 503, 353 Ill. App. 3d 672, 289 Ill. Dec. 727, 2004 Ill. App. LEXIS 1247
CourtAppellate Court of Illinois
DecidedOctober 7, 2004
Docket5-03-0360 Rel
StatusPublished
Cited by3 cases

This text of 820 N.E.2d 503 (RVS Industries, Inc. v. Village of Shiloh Opinion corrected 11/10/04) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
RVS Industries, Inc. v. Village of Shiloh Opinion corrected 11/10/04, 820 N.E.2d 503, 353 Ill. App. 3d 672, 289 Ill. Dec. 727, 2004 Ill. App. LEXIS 1247 (Ill. Ct. App. 2004).

Opinion

JUSTICE HOPKINS

delivered the opinion of the court:

The plaintiff, RVS Industries, Inc., applied for a special-use permit with the defendant, the Village of Shiloh (the Village), to convert its 6-unit townhouse building into a 10-unit townhouse building. See Village of Shiloh Codified Ordinance Book § 6 — 4—10 (eff. 2001). The Village denied the plaintiffs application, and on administrative review, the circuit court entered a summary judgment and upheld the Village’s decision. We affirm.

FACTS

On October 12, 2001, the plaintiff applied for a special-use permit with the Village to convert four garages, attached to its six-unit townhouse building, into four additional residential units. The plaintiffs property was zoned multifamily residential and encompassed its townhouse building (including the garages), a covered porch, a concrete pad for the trash bin, and an asphalt parking lot. The plaintiffs total lot area measured 28,089 square feet, the building (measured from the interior walls) measured 6,720 square feet, the existing porch measured 576 square feet, the proposed porch for the additional units measured 384 square feet, the existing parking area measured 3,720 square feet, the required proposed parking area measured 400 square feet, and the concrete pad for the trash bin measured 100 square feet.

On June 2, 1986, the Village adopted the Building Officials and Code Administrators International, Inc. (BOCA), National Building Code. On April 24, 2002, Ralph Rangel, of the technical staff of BOCA, wrote a letter to Russ Stroot, chairman of the Village’s planning and development, regarding the interpretation of section 502.1 of the BOCA National Building Code (BOCA National Building Code § 502.1 (1996)). Rangel stated as follows:

“The area of a building *** as defined in Section 502.1 is derived by measuring the area of largest story on or above grade. These measurements are taken from the inside face to the inside face of the exterior walls. As such, if the second floor of a building is larger than the first floor, or in other words, if the second floor overhangs past the exterior walls of the first floor at any location, the area of this particular building is measured at the second floor. As long as a porch or deck is located beyond the outer[ ]most exterior walls of a building, the areas of such appendages are not included in the calculating of the area of a building.”

Rangel tempered his letter by stating: “[T]his opinion is based on the information which you have provided. *** Remember that you, the code official, have the final authority to interpret the code.”

On May 6, 2002, the Village denied the plaintiffs application for a special-use permit because of “lot coverage issues,” i.e., because the plaintiffs proposed and existing lot coverage exceeded 40% of the lot, which was prohibited by Village ordinance. See Village of Shiloh Codified Ordinance Book § 6 — 4—11 (eff. 2001). On July 2, 2002, the plaintiff filed its complaint for administrative review. On November 25, 2002, the plaintiff filed its motion for a summary judgment, and on January 13, 2003, the Village filed its motion for a summary judgment. On May 8, 2003, the circuit court held that the plaintiffs existing and proposed lot coverage exceeded 40% of the lot, denied the plaintiffs motion for a summary judgment, and granted the Village’s motion for a summary judgment. On June 4, 2003, the plaintiff filed its timely notice of appeal.

ANALYSIS

Rules of construction that apply to statutes also apply to ordinances. Warren v. Zoning Board of Appeals of the City of Fairfield, 255 Ill. App. 3d 482, 486 (1994); County of Lake v. Zenko, 174 Ill. App. 3d 54, 59 (1988). “Unless the ordinance indicates otherwise, a property owner should be able to rely on terms used in a zoning ordinance to mean what they are commonly understood to mean [citation], and words or phrases not defined in an ordinance are given their ordinary meanings. [Citation.]” Zenko, 174 Ill. App. 3d at 60. “If there are specific definitions of any terms within an enactment, those definitions, when reasonable, will be sustained for purposes of the act [citations] to the exclusion of hypothetical indulgences [citation].” Zenko, 174 Ill. App. 3d at 60. The construction of a zoning ordinance is a question of law, and a reviewing court may make an independent determination of questions of law. Warren, 255 Ill. App. 3d at 486; Zenko, 174 Ill. App. 3d at 60.

According to the Village’s area-and-bulk-regulations table (Village of Shiloh Codified Ordinance Book § 6 — 4—11 (eff. 2001)), the “máximum coverage in percent of lot” allowed for districts zoned multifamily residential, as is the plaintiff’s property in the present case, must not exceed 40% of the lot. The undisputed total lot area of the plaintiffs property was 28,089 square feet, 40% of which is 11,236 square feet. The Village cites no authority to include the area of a concrete pad for a trash bin for the calculation of the lot coverage pursuant to the Village’s ordinance, but excluding the pad area of 100 square feet is to no avail. However, if the square footage of the existing and proposed parking areas is excluded, the plaintiffs lot coverage equals 7,680 square feet (27% of the lot) and does not exceed the Village’s lot coverage limit. Similarly, if the square footage of the plaintiff’s existing and proposed porch areas is excluded from the calculation, the plaintiffs lot coverage equals 10,840 square feet (39% of the lot) and does not exceed the Village’s lot coverage limit.

Porch Area

The plaintiff argues that the Village misinterpreted the BOCA National Building Code to include the porch as a building area to calculate the coverage of the plaintiffs lot. We disagree.

The Village has adopted the BOCA National Building Code, which defines “Area, building,” as follows:

“The area included within surrounding exterior walls (or exterior walls and fire walls) exclusive of vent shafts and courts. Areas of the building not provided with surrounding walls shall be included in the building area if such areas are included within the horizontal projection of the roof or floor above.” (Emphasis omitted.) BOCA National Building Code § 502.1 (1996).

Building area is included to determine the coverage of the lot. The parties do not dispute that the plaintiffs existing and proposed porches would be covered by the roof of the plaintiffs townhouse building. In his letter, Ralph Rangel, of the technical staff of BOCA, construed building area in section 502.1 of the BOCA National Building Code, stating:

“[I]f the second floor of a building is larger than the first floor, or in other words, if the second floor overhangs past the exterior walls of the first floor at any location, the area of this particular building is measured at the second floor. As long as a porch or deck is located beyond the outer[ ]most exterior walls of a building, the areas of such appendages are not included in the calculating of the area of a building.”

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Bluebook (online)
820 N.E.2d 503, 353 Ill. App. 3d 672, 289 Ill. Dec. 727, 2004 Ill. App. LEXIS 1247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rvs-industries-inc-v-village-of-shiloh-opinion-corrected-111004-illappct-2004.