{ "id": 411602, "name": "NORTH AVENUE PROPERTIES, L.L.C., Plaintiff-Appellant, v. ZONING BOARD OF APPEALS OF THE CITY OF CHICAGO et al., Defendants-Appellees", "name_abbreviation": "North Avenue Properties, L.L.C. v. Zoning Board of Appeals", "decision_date": "2000-02-10", "docket_number": "No. 1 \u2014 98 \u2014 4589", "first_page": "182", "last_page": "192", "citations": [ { "type": "official", "cite": "312 Ill. App. 3d 182" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "559 N.E.2d 225", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1990, "opinion_index": 0 }, { "cite": "201 Ill. App. 3d 715", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2593775 ], "year": 1990, "pin_cites": [ { "page": "720" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/201/0715-01" ] }, { "cite": "659 N.E.2d 961", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1995, "opinion_index": 0 }, { "cite": "168 Ill. 2d 247", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 307266 ], "year": 1995, "pin_cites": [ { "page": "254" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/168/0247-01" ] }, { "cite": "547 N.E.2d 107", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1989, "opinion_index": 0 }, { "cite": "132 Ill. 2d 64", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5588592 ], "year": 1989, "pin_cites": [ { "page": "72" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/132/0064-01" ] }, { "cite": "401 N.E.2d 1203", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1980, "opinion_index": 0 }, { "cite": "81 Ill. App. 3d 1005", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3230543 ], "year": 1980, "pin_cites": [ { "page": "1009-10" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/81/1005-01" ] }, { "cite": "474 N.E.2d 900", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1985, "opinion_index": 0 }, { "cite": "130 Ill. App. 3d 934", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3493424 ], "year": 1985, "pin_cites": [ { "page": "937-38" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/130/0934-01" ] }, { "cite": "417 N.E.2d 1039", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1981, "opinion_index": 0 }, { "cite": "93 Ill. App. 3d 542", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3134946 ], "year": 1981, "pin_cites": [ { "page": "546" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/93/0542-01" ] }, { "cite": "503 F.2d 512", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 104006 ], "pin_cites": [ { "page": "515" } ], "opinion_index": 0, "case_paths": [ "/f2d/503/0512-01" ] }, { "cite": "481 N.E.2d 664", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1985, "opinion_index": 0 }, { "cite": "107 Ill. 2d 33", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3135185 ], "year": 1985, "pin_cites": [ { "page": "38-39" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/107/0033-01" ] }, { "cite": "642 N.E.2d 860", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1994, "opinion_index": 0 }, { "cite": "267 Ill. App. 3d 339", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 333110 ], "year": 1994, "pin_cites": [ { "page": "341" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/267/0339-01" ] }, { "cite": "695 N.E.2d 481", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1998, "opinion_index": 0 }, { "cite": "182 Ill. 2d 262", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 864528 ], "year": 1998, "pin_cites": [ { "page": "278-79" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/182/0262-01" ] }, { "cite": "606 N.E.2d 1111", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1992, "opinion_index": 0 }, { "cite": "153 Ill. 2d 76", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 4738801 ], "weight": 4, "year": 1992, "pin_cites": [ { "page": "88" }, { "page": "97" }, { "page": "97-98" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/153/0076-01" ] }, { "cite": "654 N.E.2d 493", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1995, "opinion_index": 0 }, { "cite": "274 Ill. App. 3d 927", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 291524 ], "year": 1995, "pin_cites": [ { "page": "934" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/274/0927-01" ] }, { "cite": "690 N.E.2d 636", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1998, "opinion_index": 0 }, { "cite": "294 Ill. App. 3d 379", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 35367 ], "year": 1998, "pin_cites": [ { "page": "382" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/294/0379-01" ] }, { "cite": "672 N.E.2d 1136", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1996, "opinion_index": 0 }, { "cite": "173 Ill. 2d 469", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 147590 ], "year": 1996, "pin_cites": [ { "page": "479" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/173/0469-01" ] }, { "cite": "608 N.E.2d 333", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1992, "opinion_index": 0 }, { "cite": "240 Ill. App. 3d 633", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5136344 ], "year": 1992, "pin_cites": [ { "page": "645" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/240/0633-01" ] }, { "cite": "550 N.E.2d 1073", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1990, "opinion_index": 0 }, { "cite": "194 Ill. App. 3d 60", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 8498057 ], "year": 1990, "pin_cites": [ { "page": "64" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/194/0060-01" ] } ], "analysis": { "cardinality": 986, "char_count": 24456, "ocr_confidence": 0.758, "pagerank": { "raw": 2.843110675383093e-07, "percentile": 0.8400868158722767 }, "sha256": "cdac90dfe4575f455a64b0b0d9ca76c7e473e97d13bf73ec9546f945b9e9c664", "simhash": "1:63df75326bb7358c", "word_count": 4001 }, "last_updated": "2023-07-14T15:51:04.567640+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "NORTH AVENUE PROPERTIES, L.L.C., Plaintiff-Appellant, v. ZONING BOARD OF APPEALS OF THE CITY OF CHICAGO et al., Defendants-Appellees." ], "opinions": [ { "text": "PRESIDING JUSTICE HOFFMAN\ndelivered the opinion of the court:\nThe plaintiff, North Avenue Properties, L.L.C., appeals from a circuit court order confirming two decisions of the Zoning Board of Appeals of the City of Chicago (Board). For the reasons that follow, we reverse the order of the circuit court, set aside the decisions of the Board, and remand this matter to the Board for further proceedings.\nThe facts relevant to the disposition of this appeal are not in dispute. GDH Investments, L.L.C. (GDH), is the owner of the property located at 934-44 West North Avenue in Chicago (hereinafter referred to as the Property). GDH applied for zoning certifications from the zoning administrator of the City of Chicago (Administrator) to allow the Property, which is located in a planned manufacturing district, to be used for retail sales and to allow the premises located at 955 West Weed Street, which is located in a general manufacturing district, to be used as an accessory parking facility for the Property. The Administrator denied both applications on the basis that the proposed uses for which GDH sought certification did not conform to the Chicago Zoning Ordinance (Ordinance) (Chicago Municipal Code, tit. 17, \u00a7 1 et seq. (1999)). Thereafter, GDH filed applications with the Board for the approval of zoning variations in the nature of special uses to permit the two properties to be used for the above-stated purposes. The Board assigned its calendar number 374 \u2014 97 \u2014 S to the application relating to the use of the Property and number 375 \u2014 \u25a0 97 \u2014 S to the application relating to the use of 955 West Weed Street.\nPursuant to section 11.7 \u2014 2 of the Ordinance (Chicago Municipal Code, tit. 17, \u00a7 11.7 \u2014 2 (1999)), the plaintiff, along with other owners of real estate located within 100 feet of the lot lines of the Property and 955 West Weed Street, was notified of GDH\u2019s applications for zoning variations. The plaintiff filed a written objection to the applications and appeared before the Board in support of the objection.\nAfter conducting hearings on October 17 and December 19, 1997, the Board granted both of GDH\u2019s applications for variations. Thereafter, the plaintiff timely filed a complaint for administrative review in the circuit court, seeking an order reversing the decisions of the Board and denying both of GDH\u2019s applications for variations. After striking portions of the plaintiffs complaint and a number of the exhibits attached thereto, the circuit court denied the relief requested by the plaintiff and confirmed the Board\u2019s decisions. This appeal followed.\nThe plaintiff contends that the circuit court erred in striking portions of its complaint and confirming the Board\u2019s decisions. The plaintiff argues that the circuit court should have set aside the Board\u2019s decisions because the decisions: (1) were based on the erroneous finding that GDH\u2019s applications for zoning variations satisfied the requirements of the Ordinance; and (2) were \u201ctarnished\u201d because a member of the Board, its chairman, was biased against the plaintiff.\nIn an administrative review proceeding, the function of this court is the same as that of the circuit court, namely, to determine, based on a review of the record that was before the administrative agency, whether the agency\u2019s findings and orders are against the manifest weight of the evidence or whether the agency acted arbitrarily, without cause, or in clear abuse of its discretion. Leong v. Village of Schaumburg, 194 Ill. App. 3d 60, 64, 550 N.E.2d 1073 (1990). A finding of fact is against the manifest weight of the evidence if all reasonable people would agree that the finding is erroneous and that the opposite conclusion is clearly evident. Danko v. Board of Trustees of the City of Har vey Pension Board, 240 Ill. App. 3d 633, 645, 608 N.E.2d 333 (1992). Unless we are able to conclude that the agency\u2019s findings of fact are against the manifest weight of the evidence, we must accept those findings as prima facie true and correct. 735 ILCS 5/3 \u2014 110 (West 1998). We need not, however, give the same deference to an administrative agency\u2019s conclusions of law. Raintree Health Care Center v. Illinois Human Rights Comm\u2019n, 173 Ill. 2d 469, 479, 672 N.E.2d 1136 (1996). Since the construction of a statute or ordinance is a question of law, our review is de novo. MacDonald v. Board of Trustees of the Park Ridge Police Pension Fund, 294 Ill. App. 3d 379, 382, 690 N.E.2d 636 (1998). An administrative decision based upon an agency\u2019s erroneous construction of an ordinance, therefore, will not stand. Kaloo v. Zoning Board of Appeals, 274 Ill. App. 3d 927, 934, 654 N.E.2d 493 (1995).\nWhen reviewing the decision of an administrative agency, we are limited to reviewing the record that was before the agency and may not consider \u201cnew or additional evidence in support of or in opposition to any finding, order, determination or decision of the administrative agency.\u201d 735 ILCS 5/3 \u2014 110 (West 1998); Abrahamson v. Illinois Department of Professional Regulation, 153 Ill. 2d 76, 88, 606 N.E.2d 1111 (1992). Additionally, arguments not raised before the administrative agency are waived for purposes of administrative review. Texaco-Cities Service Pipeline Co. v. McGaw, 182 Ill. 2d 262, 278-79, 695 N.E.2d 481 (1998). A simple application of these standards for review allows us to dispose of two of the plaintiffs assignments of error in a summary fashion.\nIn response to GDH\u2019s motion to strike portions of the plaintiffs complaint, the circuit court found that 10 paragraphs set forth in the complaint and 5 exhibits attached thereto asserted facts and matters outside the record before the Board and, as a consequence, struck the paragraphs and exhibits from the complaint. The plaintiff asserts that the circuit court erred in striking the material from its complaint, arguing that the court was entitled to consider the matters alleged and the supporting exhibits as they are \u201creadily verifiable\u201d and \u201ccapable of instant and unquestionable demonstration.\u201d We disagree.\nThe paragraphs stricken from the plaintiffs complaint contain allegations of oral and written communications in the nature of requests for information from the plaintiffs attorney to GDH\u2019s attorney and GDH\u2019s attorney\u2019s responses to those requests. The paragraphs alleged that, via these communications, the plaintiffs attorney had requested information relating to the applications, such as copies of the proposed site plan for the Property and the lease for the parking spaces at 955 West Weed Street. The stricken exhibits consist of copies of correspondence from the plaintiffs attorney to GDH\u2019s attorney seeking information, written responses from GDH\u2019s attorney, and a copy of a site plan for the Property. None of the stricken exhibits or the factual assertions set forth in the stricken paragraphs are found in the record before the Board. Nonetheless, the plaintiff contends that the circuit court was entitled to consider these matters in determining whether the plaintiff was denied due process and an ability to properly present its objections to GDH\u2019s applications by reason of the \u201cactions and stonewalling tactics of GDH\u2019s counsel.\u201d According to the plaintiff, the Board refused to allow it to enter evidence of such actions into the record. We, however, find nothing in the record to suggest that the plaintiff ever attempted to do so.\nAt the conclusion of the hearing on October 17, 1997, the plaintiff requested a continuance, informing the Board only that it anticipated presenting two witnesses whose combined testimony would take about 45 minutes. The Board granted the continuance, and the matter was set over to December 19, 1997. When the matter was first called on December 19, the plaintiffs attorney informed the Board that he had received GDH\u2019s modified parking plan only two days earlier and, due to his having been out of town, had not had an opportunity to review it. The plaintiffs attorney stated that he would like an opportunity to review the plan with the plaintiff. GDH\u2019s attorney objected to any further continuances of the matter. He stated:\n\u201cI\u2019m sorry his clients are out of town, but he\u2019s known about this for two months. The plans we sent over as soon as they were ready, they made no substantive changes in the issues involved, or in the drawings, except we now show the second tenant on there, basically, and there would be no basis to continue this. I don\u2019t think he\u2019s entitled to a continuance. It would cause us extreme hardship and prejudice.\u201d\nThereafter, the following exchange took place between the Board\u2019s chairman and the plaintiffs attorney:\n\u201cChairman Spingola: I think you got at least an hour to review them.\nMr. Bellas: Mr. Chairman, contrary to what Mr. Wigoda says, there are some substantial...\nChairman Spingola: Mr. Wigoda said what he\u2019s saying. I\u2019m saying what I\u2019m saying. You got about an hour before we get to the case, maybe two.\nMr. Bellas: Thank you, Mr. Chairman.\u201d\nOur examination of the record reveals that the plaintiff made no further requests for a continuance and that it made no allegations that GDH or its attorney had employed delaying tactics.\nThe plaintiff correctly asserts that, in addition to the matters of record before an administrative agency, a court conducting an administrative review may also consider any fact of which judicial notice may be taken. Muller v. Zollar, 267 Ill. App. 3d 339, 341, 642 N.E.2d 860 (1994). However, the matters stricken by the trial court are not facts and documents of which judicial notice could be taken. None find their origin in a public record, and a testimonial foundation for each document would need to be laid before it could be received into evidence. Consequently, the trial court properly struck the paragraphs and exhibits in question.\nNext, we will briefly address the plaintiffs claim that the circuit court erred in failing to find that the Board was biased against it. The plaintiffs entire claim of bias is based on brief, gratuitous, and irrelevant observations made by the Board\u2019s chairman at the very end of the hearing on December 19, 1997, after all of the evidence had been received. To paraphrase these comments, the chairman said he remembered other cases involving the particular planned manufacturing district within which the Property is located and that those who were profiting from conducting retail operations within that district \u201ctend to quibble like little women.\u201d He went on to state that he was sure that shoppers would park at one property in the district and shop at another and that, although each of the retailers would suffer some adverse effect from this, each would also benefit. The chairman concluded by suggesting that if all of the retail operators in the district \u201ckept it all in that perspective, *** [they would] be cheering for one another instead of arguing with one another.\u201d\nThe plaintiff\u2019s attorney made no claim of bias at the time the chairman made these comments or at any time prior to the issuance of the Board\u2019s decisions on January 12, 1998. Furthermore, the plaintiffs complaint for administrative review, which was filed in the circuit court on February 17, 1998, did not assert bias on the part of the Board as a ground for reversing its decisions. Rather, the record before us reveals that the plaintiffs first allegation that the chairman\u2019s comments demonstrated bias on the part of the Board appears in a trial memorandum it filed with the circuit court on September 16, 1998. Based upon the plaintiffs failure to raise its claim of bias in a timely manner, the issue is waived. As our supreme court held in E&E Hauling, Inc. v. Pollution Control Board, 107 Ill. 2d 33, 38-39, 481 N.E.2d 664 (1985):\n\u201cGenerally, of course, a failure to object at the original proceeding constitutes a waiver of the right to raise the issue on appeal. [Citation.] \u2018A claim of disqualifying bias or partiality on the part of a member of the judiciary or an administrative agency must be asserted promptly after knowledge of the alleged disqualification.\u2019 (Duffield v. Charleston Area Medical Center, Inc. (4th Cir. 1974), 503 F.2d 512, 515.) The basis for this can readily be seen. To allow a party to first seek a ruling in a matter and, upon obtaining an unfavorable one, permit him to assert a claim of bias would be improper.\u201d\nFinally, we will address the questions of whether the Board\u2019s decisions are against the manifest weight of the evidence or based on an erroneous construction of the Ordinance.\nSection 11.10 \u2014 4 of the Ordinance provides in pertinent part that no special use shall be granted by the Board unless the special use:\n\u201c(1) a. Is necessary for the public convenience at that location; b. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; and\n(2) Will not cause substantial injury to the value of other property in the neighborhood in which it is to be located; and\n(4) Such special use shall conform to the applicable regulations of the district in which it is to be located.\n(5) In a Planned Manufacturing District, Special Uses shall conform to all applicable regulations and standards as set forth in Title 17, and in addition shall also conform to the supplemental use regulations set forth in 16 \u2014 8 \u2014 080\u20144(a-e).\u201d Chicago Municipal Code, tit. 17, \u00a7 11.10 \u2014 4 (1999).\nThe plaintiff challenges several findings that the Board made in approving GDH\u2019s application for a special use of the Property. The Board found that the proposed retail use of the Property \u201cwill furnish adequate off-street parking to be located on the site and at 955 West Weed Street, as provided in companion application No. 375 \u2014 97 \u2014 S\u201d and \u201cthat the proposed use will meet the off-street parking requirements of the PMD [planned manufacturing district] ordinance.\u201d According to the plaintiff, these findings are against the manifest weight of the evidence as GDH failed to comply with the requirements of section 5.8 \u2014 5 of the Ordinance. Section 5.8 \u2014 5 provides:\n\u201cIn cases where parking facilities are permitted on land other than the zoning lot on which the building or use served is located, such facilities shall be in the same possession as the zoning lot occupied by the building or use to which the parking facilities are accessory. Such possession may be either by deed or long term lease, the term of such lease, when provided for as a Special Use, to be determined by the Board of Appeals. The building or use shall be served for a period not to exceed the maintenance of the required parking facilities. The requisite parking facilities are required at all times; otherwise the Zoning Administrator can recommend action through the Corporation Counsel to have the use discontinued.\u201d Chicago Municipal Code, tit. 17, \u00a7 5.8 \u2014 5 (1999).\nIn order to comply with the parking space requirements of the planned manufacturing district within which the Property is located, GDH was required to provide approximately 61 parking spaces. Since that number of parking spaces could not be provided on the Property, GDH was required to make off-site parking available. To that end, GDH entered into a \u201cParking Agreement\u201d with Mid-City Parking, Inc. (Mid-City), the owner of a public parking lot located at 955 West Weed Street. The parking agreement provides that 34 parking spaces at 955 West Weed Street shall be \u201cmade available\u201d to the tenants, employees, invitees, customers, and other persons affiliated with the Property \u201con identical terms and conditions, and pursuant to identical rules and regulations, as other Parking Spaces are generally made available to the public.\u201d Although the parking agreement is a bit ambiguous on the question of whether the 34 parking spaces are to be reserved for the exclusive use of the tenants, employees, invitees, customers, and other persons affiliated with the Property, a representative of GDH testified before the Board that such was, indeed, the case. Nonetheless, the plaintiff argues that, since the parking agreement is not a lease, it does not, as a matter of law, comply with the requirements of section 5.8 \u2014 5 of the Ordinance. Consequently, it contends, the Board\u2019s findings that the proposed retail use of the Property would furnish adequate off-street parking and that the off-street parking provided met the requirements of the planned manufacturing district ordinance are against the manifest weight of the evidence. According to the plaintiff, the parking agreement is, at most, a license agreement.\nThe determination of whether a contractual agreement is a lease or a license is made by analyzing the legal effect of its provisions. Jackson Park Yacht Club v. Department of Local Government Affairs, 93 Ill. App. 3d 542, 546, 417 N.E.2d 1039 (1981). A lease is a definite agreement as to the extent and bounds of the property demised and transfers exclusive possession thereof to the lessee. Metroweb Corp. v. County of Lake, 130 Ill. App. 3d 934, 937-38, 474 N.E.2d 900 (1985). In contrast, a license agreement merely entitles a party to use the premises for a specific purpose, subject to the management and control retained by the owner. Chemical Petroleum Exchange, Inc. v. Metropolitan Sanitary District of Greater Chicago, 81 Ill. App. 3d 1005, 1009-10, 401 N.E.2d 1203 (1980). The parking agreement entered into between GDH and Mid-City is not definite as to which 34 parking spaces at 955 West Weed Street are being reserved for use by the tenants, employees, invitees, customers, and other persons affiliated with the Property, and more importantly, it does not transfer possession of the parking spaces to GDH. Instead, it merely entitles certain persons affiliated with the Property to use 34 parking spaces, subject to rules and regulations promulgated by Mid-City. Therefore, the parking agreement is a license rather than a lease.\nThe Board makes no convincing argument in support of the notion that the parking agreement is anything other than a license. Instead, it argues that, since the purpose of section 5.8 \u2014 5 is to ensure the availability of parking facilities for the users of the facility served, its finding that the parking agreement accomplishes that end and is the type of agreement contemplated under section 5.8 \u2014 5 is not erroneous. Alternatively, the Board argues that, even if the parking agreement does not satisfy the requirements of section 5.8 \u2014 5, GDH\u2019s failure to satisfy the parking requirements of the planned manufacturing district within which the Property is located does not require a denial of its application for a special use.\nOur resolution of this issue hinges on the interpretation of section 5.8 \u2014 5 of the Ordinance. As our supreme court held in Abrahamson, 153 Ill. 2d at 91:\n\u201cThe primary rule of statutory interpretation is that a court should ascertain and give effect to the intention of the legislature. The legislative intent should be sought primarily from the language used in the statute. [Citation.] The statute should be evaluated as a whole; each provision should be construed in connection with every other section. [Citation.] \u2018Where the language of the act is certain and unambiguous the only legitimate function of the courts is to enforce the law as enacted by the legislature.\u2019 Sheahen, 45 Ill. 2d at 84.\u201d\nThe same rules applicable to the construction of statutes apply to the construction of municipal ordinances. In re Application of the County Collector, 132 Ill. 2d 64, 72, 547 N.E.2d 107 (1989).\nBecause a question as to the proper interpretation of an ordinance is one of law, a court of review is not bound by an administrative agency\u2019s interpretation. See Abrahamson, 153 Ill. 2d at 97. If the language of the ordinance is clear and unambiguous, the court must interpret the ordinance according to its terms without resorting to aids of construction. See Branson v. Department of Revenue, 168 Ill. 2d 247, 254, 659 N.E.2d 961 (1995). If, however, the ordinance is ambiguous, we will give substantial weight to the manner in which the agency charged with its administration and enforcement has interpreted it as we find this interpretation to be an informed source for ascertaining legislative intent. See Abrahamson, 153 Ill. 2d at 97-98. The initial question of whether a statute or ordinance is ambiguous is also one of law and, therefore, subject to a de novo determination on review. See General Mills, Inc. v. Illinois Commerce Comm\u2019n, 201 Ill. App. 3d 715, 720, 559 N.E.2d 225 (1990).\nWe find nothing ambiguous about the sections of the Ordinance which are relevant to our resolution of this case. Section 11.10 \u2014 4 unequivocally provides that \u201c[n]o special use shall be granted\u201d by the Board unless the special use, among other things, conforms to the applicable regulations of the district in which it is to be located and, in a planned manufacturing district, conforms to all applicable regulations and standards set forth in Title 17 of the Chicago Municipal Code. Chicago Municipal Code, tit. 17, \u00a7 11.10 \u2014 4 (1999).\nIt is apparently undisputed that the Property is located within a planned manufacturing district and that GDH\u2019s proposed plan for the Property provided insufficient on-site parking spaces to comply with the requirements of that district. As a consequence, GDH is required to provide parking facilities on land other than the Property in order to qualify for a special use.\nSection 5.8 \u2014 5 of the Ordinance clearly and plainly states that, when off-site parking facilities are provided, \u201csuch facilities shall be in the same possession as the zoning lot occupied by the building or use to which the parking facilities are accessory\u201d and that \u201c[s]uch possession may be either by deed or long term lease.\u201d (Emphasis added.) Chicago Municipal Code, tit. 17, \u00a7 5.8 \u2014 5 (1999). Furthermore, although it is not referenced by the parties, section 3.1(b) of the Ordinance provides that the proper construction of the word \u201cshall,\u201d as used in the Ordinance, \u201cis mandatory and not discretionary.\u201d Chicago Municipal Code, tit. 17, \u00a7 3.1(b) (1999).\nWhether measured by their common and accepted usage or viewed as legal terms of art, \u201clease\u201d and \u201clicense\u201d are not synonyms. See Webster\u2019s Third New International Dictionary 1286 (lease), 1304 (license) (1993); Black\u2019s Law Dictionary 889 (lease), 919-20 (license) (6th ed. 1990). As we found earlier, the parking agreement entered into between GDH and Mid-City is a license, not a lease. Since the 34 parking spaces that are the subject of the parking agreement are not in the possession of GDH by either deed or long-term lease, the plain requirements of section 5.8 \u2014 5 have not been met. Further, since the parking agreement is a mere license to use the 34 parking spaces, it does not vest possession of those spaces in GDH as is required by section 5.8 \u2014 5.\nThe Board\u2019s decisions granting GDH\u2019s special use applications are based on an erroneous construction of section 5.8 \u2014 5 of the Ordinance, namely, that a license agreement for off-site parking facilities satisfies the requirements of the section. Since, as a matter of law, the parking agreement does not vest GDH, either by deed or lease, with the requisite possession of the parking spaces at 955 West Weed Street, GDH failed to satisfy the off-street parking requirements of the planned manufacturing district within which the Property is located. The Board\u2019s finding to the contrary is, therefore, against the manifest weight of the evidence.\nFor the foregoing reasons, we reverse the circuit court\u2019s order confirming the Board\u2019s decisions, set aside the Board\u2019s decisions granting GDH\u2019s applications for special use, and remand this matter to the Board for further proceedings consistent with this opinion.\nCircuit court order reversed; Board\u2019s decisions set aside; cause remanded.\nSOUTH and HALL, JJ., concur.", "type": "majority", "author": "PRESIDING JUSTICE HOFFMAN" } ], "attorneys": [ "Bellas & Wachowski, of Park Ridge (George S. Bellas, of counsel), for appellant.", "Wigoda & Wigoda, of Chicago (Gary I. Wigoda, of counsel), for appellee GDH Investments, L.L.C.", "Mara S. Georges, Corporation Counsel, of Chicago (Lawrence Rosenthal, Benna Ruth Solomon, and Suzanne M. Loose, Assistant Corporation Counsel, of counsel), for appellee Zoning Board of Appeals." ], "corrections": "", "head_matter": "NORTH AVENUE PROPERTIES, L.L.C., Plaintiff-Appellant, v. ZONING BOARD OF APPEALS OF THE CITY OF CHICAGO et al., Defendants-Appellees.\nFirst District (4th Division)\nNo. 1 \u2014 98 \u2014 4589\nOpinion filed February 10, 2000.\nBellas & Wachowski, of Park Ridge (George S. Bellas, of counsel), for appellant.\nWigoda & Wigoda, of Chicago (Gary I. Wigoda, of counsel), for appellee GDH Investments, L.L.C.\nMara S. Georges, Corporation Counsel, of Chicago (Lawrence Rosenthal, Benna Ruth Solomon, and Suzanne M. Loose, Assistant Corporation Counsel, of counsel), for appellee Zoning Board of Appeals." }, "file_name": "0182-01", "first_page_order": 202, "last_page_order": 212 }