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Zoning Commission Packet 2010 11-17-10
I�D Cir o United City of Yorkville 100 Game Farm Road EST _ 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 © Fax: 630-553-7575 Koa.M Cary It AGENDA ZONING COMMISSION RESCHEDULED MEETING Wednesday, November 17, 2010 7:00 P.M. Parks & Recreation Administration Office 201 W. Hydraulic 1. Welcome 2. Roll Call 3. Approval of September 22, 2010 and October 27, 2010 meeting minutes 4. Old Business: a) Continued Review and Commentary of Previously Revised Zoning Chapters • Chapter 2: Rules and Definitions—pages 3, 7, 8 and 16 • Chapter 3: General Zoning Provisions—pages 27, 29, 30, 31 and 32 • Chapter 4: Zoning Administration—pages 33, 34, 36, 39, 41 5. New Business: a) Review and Commentary • Chapter 5: Zoning Districts and Maps • Chapter 6: Permitted and Special Uses • Chapter 7: Dimensional and Bulk Regulations b) Zoning Commission meeting, schedule for 2011 6. Adj ournment 7. Next meeting date: December 22, 2010 or January 26, 2010 Memorandum EST. 1836 --�- To: Zoning Ordinance Commission pFrom: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator <LE ��'� Date: November 12, 2010 Subject: Zoning Ordinance Update—OLD & NEW BUSINESS ITEMS Per the discussion and recommendation of the Zoning Commission and a further review by the City Attorney, the following subsequent revisions of the previously reviewed chapters are proposed for consideration. Please note only the pages that have been revised are attached: Chapter 2: Rules and Definitions • Page 3 added a new bullet point regarding words appearing in the zoning ordinance that are not specifically defined in Section 10-2-3: Definitions. • Pages 7-8 regarding "In-Home Daycare"; "Adult Daycare"; "Part Day Daycare"; Group Daycare Home". (Refer to attached supplemental information: Illinois Child Care Act of 1969 and Illinois Older Adult Services Act) • Page 16 regarding revisions to Recreational Vehicle definition. This Chapter regarding definitions will need to be revised throughout the review process, as the updating of each Chapter may include new terminology. Chapter 3: General Zoning Provisions • Page 27 regarding "laundry drying equipment". (Refer to attached examples of various contemporary laundry drying equipment). • Page 29 regarding Section 10-3-7: Travel Trailers; Camping Trailers; Recreational Vehicles. • Page 3 0-3 1 regarding Section 10-3-10: Home Occupations. (Refer to attached study prepared by the Government Law Center of Albany Law School entitled "Zoning for Home Occupations:Modernizing Zoning Codes to Accommodate Growth in Home-Based Businesses') • Page 32 regarding Section 10-3-11: Uses Not Specifically Permitted in Districts. Chapter 4: Zoning Administration • Page 33 removing reference to an"authorized appointee" or"deputies or assistants"with regard to the duties and authority of the zoning administrator. • Page 34 regarding a grammatical revision; the zoning officer's duties of enforcement; and Plan Council members. • Page 36 regarding capitalization of"Zoning Board of Appeals". • Page 39-41 regarding the removal of the term "elected officials"replacing with the term"members" as appropriately. Chapter 5: Zoning Districts and Maps Some subsequent revisions to this chapter have been made regarding Section 10-5-2: Zoning Maps; 10-5-3: District Boundaries; and the addition of Section 10-5-5: Zoning of Annexed Land to include provisions consistent with the regulations in the Illinois State Statutes regarding annexation and zoning. Chapter 6: Permitted and Special Uses Based upon the discussion at the previous meeting regarding adult daycare uses and religious institutions, revisions have been made to this Chapter. Staff has amended the permitted and special use chart to identify adult daycare uses as special uses within the residential,business and manufacturing districts and religious institutions as special uses in the manufacturing districts. With regard to religious institutions and zoning, please refer to the attached United States Department of Justice Civil Rights Division "A Guide to Federal Land Use Protections- Religious Land Use and Institutionalized Persons Act (RLUPIA). Food Bank and/or Food Pantry Zoning & Research Per the discussion at the previous Zoning Commission meeting, staff was asked to research "food bank" or "food pantry" type uses particular in relation to the Kendall County Food Pantry located at 1204 Deer Street in Yorkville. This property is zoned within the M-1 Limited Manufacturing District which currently permits "Public and Community Service Uses" but does not specially identify food banks or food pantries. Additional information regarding the regulation of such uses has been provided in your packet. Below are proposed definitions, derived from the Emergency Food Assistance Act of 1983 (attached), the Zoning Commission may consider for inclusion in the M-1 Manufacturing District: Food Bank - a public or charitable institution that maintains an established operation involving the provision of food or edible commodities, or the products of food or edible commodities, to food pantries, soup kitchens, hunger relief centers, or other food or feeding centers that, as an integral part of their normal activities,provide meals or food to feed needy persons on a regular basis. Food Pantry - a public or private nonprofit organization that distributes food to low-income and unemployed households, including food from sources other than the Department of Agriculture, to relieve situations of emergency and distress. Public Act 096-1434: The Illinois Vehicle Code A copy of this amended Act which permits the operation of non-highway vehicles, as defined, on local roadways, has been included in the packet as requested by the Zoning Commission at last month's meeting. Page 1 of 3 DRAFT UNITED CITY OF YORKVILLE ZONING COMMISSION Wednesday, September 22, 2010 7:00pm Parks & Recreation Administration Office 201 W. Hydraulic Ave. Board Members in Attendance: Michael Crouch,Chairman Jeff Baker Al Green Gary Neyer Pete Huinker(7:10 pm) Greg Millen(7:16 pm) Absent: Phil Haugen City Officials in Attendance: Krysti Barksdale-Noble,Community Development Director Paul Zabel,Building Code Official Guests: None Meeting Called to Order: Chairman Michael Crouch called the meeting to order at 7:05pm. Roll Call: Roll call was taken and a quorum was established. Previous Meeting Minutes: August 25,2010 August 25,2010 minutes were approved as read on a motion by Jeff Baker and second by Al Green. Approved by unanimous voice vote. Comments by Chairman Crouch Mr. Crouch appreciates that packets can be projected onto the screen,as opposed to printing out so many pages. Mr. Crouch would like to set a 9:00pm meeting cutoff time for this and future Zoning Commission meetings. A.Continued Review and Commentary of Previously Recommended Zoning Chapters Table of Contents Ms.Noble indicated that the monikers for Residential Districts have been changed,to eliminate redundancy. Chapter 1:Zoning Purpose and Interpretation Changes are highlighted in red. Discussion 10-1-4/V: This is a statement that the Commission intends,with their enforcement of zoning and applications of zoning,to adhere to the standards within the Subdivision Control Ordinance. Page 2 of 3 DRAFT Chanter 2: Rules and Definitions Changes are highlighted in red. Discussion Club or Lodge,Private:Ms.Noble stated"for profit"should be included,and she listed ten types of"for profit"private clubs. Daycare Facility: This definition was adjusted,to be in compliance with the Department of Children and Family Services(DCFS)licensing standards. Dwellings were all updated,to be consistent with the new Residential District descriptions. Flag Lots:Prohibited if the minimum required lot frontage is not met;Mr. Green mentioned that the definition contradicts the Regulatory Use language as stated in Chapter 3.The Regulatory Use language will be updated to eliminate the contradiction with the defmition,as well as the contradiction within itself. Ms.Noble stated that flag lot language was added because the City doesn't know yet what challenges future developments may have;this language allows for a mechanism to use administrative judgment to allow a certain use without having to go through a large process,and it allows for flexibility in the code. Trailer, travel:Mr.Green noted that the maximum gross floor area for a travel trailer should be less than 320 square feet,not 220. Chanter 3: General Zoning Provisions Changes are highlighted in red. Discussion 10-3-2:Recreational and laundry drying equipment will be moved to the rear-yard. 10-3-5:Ms.Noble will provide a chart for the next meeting,listing the permitted accessory buildings and structures.The permitted location was also clarified. 10-3-7:Ms.Noble stated that there a lot of opportunities and locations to park trailers in ways that don't infringe on anyone's ability to own one.The majority of current complaints come from the older sections of Yorkville,and many newer subdivisions have covenants which address trailers and RV's(Recreational Vehicles).This code section does not apply to RV's,as they are vehicles;not trailers. The current code states that utility and travel trailers must be stored in an enclosed structure;they may not be parked on a driveway.Additionally,not more than one camping trailer may be parked or stored in the open area of a residential property,as long as it's not in the required yard.Pop-up campers are allowed in driveways under the current and the proposed code. The proposed changes state that not more than one travel, camping,or utility trailer may be parked or stored openly in the driveway(with conditions),and that trailers may be stored openly in the rear yard(with conditions).Additionally,temporary parking and use of travel trailers will require a permit.Mr.Baker does not support storing trailers on a hard surface;he would like this removed&any weed complaints dealt with under the Weed Ordinance;Ms.Noble will remove this language.Mr. Crouch prefers seeing trailers on the side of the house,as opposed to the driveways-but there are required yard issues on side yards.Mr. Crouch asked if storage trailers such as"Pods"are allowed in driveways;as with dumpsters,they are allowed temporarily(with conditions)on the private side of the yard. Perhaps those should be regulated/permitted,and this can be explored by another committee.Mr.Neyer suggested that if a trailer is parked outside for more than thirty(30)days,it could be assumed to be an accessory structure and therefore must comply with all accessory structure codes.Verification will be difficult,and the owner could remove it on day twenty nine(29)and re-park it.Mr.Green suggested a poll on the City website,to get the public's input. Screening was brought up,but the group felt that the possible methods of screening might be more visually offensive than the actual trailer.Mr.Millen inquired if neighboring communities'regulations could be used as a template;Ms.Noble responded that the proposed language does mimic existing codes in neighboring communities,and that she researched online many different codes to use as a tool when writing this. The committee agreed to think further about this section, and discuss again at the next meeting. Page 3 of 3 DRAFT Additional Business: The next meeting will be held on Wednesday October 27,2010 at 7:OOpm,and will be held at the Parks and Recreation Building at 201 W.Hydraulic Ave. Adiournment: There was no further business and a motion was made by Mr.Huinker to adjourn the meeting.Mr.Millen seconded the motion.Meeting adjourned at 9:OOpm. Minutes respectfully submitted by Jennifer Woodrick Pagel of 3 DRAF T UNITED CITY OF YORKVILLE ZONING COMMISSION Wednesday, October 27, 2010 7:00pm Parks & Recreation Administration Office 201 W. Hydraulic Ave. Board Members in Attendance: Michael Crouch,Chairman Jeff Baker Al Green Gary Neyer Greg Millen(7:06 pm) Phil Haugen(7:06 pm) Absent: Pete Huinker City Officials in Attendance: Krysti Barksdale-Noble,Community Development Director Paul Zabel,Building Code Official Guests: None Meeting Called to Order: Chairman Michael Crouch called the meeting to order at 7:02pm. Roll Call: Roll call was taken and a quorum was established. Previous Meeting Minutes: August 25,2010 Minutes will be provided at the next meeting. Old Business A.Continued Review and Commentary of Previously Recommended Zoning Chapters Chapter 2: Rules and Definitions Changes are highlighted in red. Discussion Daycare Facility: This definition was revised per City Attorney recommendation,to be in compliance with the Illinois Child Care Act of 1969,as amended. `Senior citizen buildings'will be removed,and a separate definition for`Adult Day care'will be provided at the next meeting. Daycare,In-Home:New definition. Dwelling Group:New definition. Dwelling,Multiple-Family:Amended per City Attorney,to include two-flat apartment style dwelling units. Mr.Millen inquired if dwellings such as"PADS",would it be allowed;Ms.Noble stated this would be a Special Use if in a residential district,but not if in a church. Trailer, travel:The maximum gross floor area for a travel trailer has been updated. Page 2 of 3 DRAFT Chapter 3: General Zoning Provisions Changes are highlighted in red. Discussion 10-3-2,D-3:Laundry drying equipment will be amended to clothesline. 10-3-5,A:Ms.Noble made a table of Permitted Accessory Buildings and Structures,as a visual aide.This table is reflective of the language in Open Space.Mr.Baker inquired why balconies are not permitted in the front or side yard;they are permitted;they just cannot project over the buildable area.Mr.Baker would like Open Terraces,Awnings&Canopies,Balconies,and Open Porches to all have the same criteria.Mr.Neyer stated that a structure more than four feet above grade or has a roof(even with open sides)is restricted to the rear yard. 10-3-7,B: The provision stating that the pedestrian way or sidewalk cannot be blocked by a trailer has been added.There is a survey on the City website,for public input: "Should recreational campers or travel trailers be permitted in driveways?"As of the date of this meeting,there have been 572 responses: 13%-yes;27%- no; 15%-don't own a camper or trailer; 1%-not sure; and Qty.45-other,but no reasons or statements were given.The majority of those responding do not want to see campers or trailers in driveways. Mr. Crouch and Mr.Baker feel comfortable allowing one(1)trailer in a driveway;Mr.Baker reminded the commission that this does not mean people cannot have more than one-they just need to store them in the back or in the garage.The list of three trailers will be removed.Mr. Green would like Recreational Vehicles (RV's)added here,but Ms.Noble said that RV's are vehicles,and you can't tell people they cannot have a vehicle in their driveway.The group questioned the words"Recreational Vehicles"in Title 10-3-7;Ms. Noble stated that boats are Recreational Vehicles and are discussed under Item"F".Ms.Noble will include in the next packet a copy of the new state Ordinance,allowing for golf carts on certain residential streets. 10-3-9:Performance Standards will be moved to the Residential and Business District chapters,as a subsection. 10-3-10,G:Mr.Neyer questioned why the practice of a profession cannot be done at one's home-what if the profession is an architect?One can have a home office,but the primary use of the structure must remain residential(or a request for rezoning must be approved).This section contradicts those before it;Ms.Noble will check with the City Attorney to inquire if there is a reason this section cannot be removed. 10-3-10,I:In-Home Daycare states that an operational permit shall be required from the Bristol-Kendall Fire District,so that the fire district will know that there are a number of children present in the residence,in the event of an Emergency-911 call. Mr.Neyer inquired if the current or the proposed codes addresses churches in a residential home.The current code states that churches,seminaries,and convents are permitted uses in all Residential and Business Zoning Districts,and no Special Use Permit is required.Parking is currently regulated,but traffic is not. There could also be a potential impact on neighbors.Ms.Noble will conduct further research of this code. Churches cannot be denied in any Zoning District;however they can be regulated with a Special Use Permit. Page 3 of 3 DRAF T New Business A:Review and Commentary Chapter 4:Zoning Administration and Enforcement Changes are highlighted in red. Discussion Plan Council was never memorialized in the Zoning Ordinance,and was therefore added here. 10-4-2,A: "or his/her authorized appointee"will be removed. 10-4-3,B-6:Mr.Green inquired if the City Council should be added with the Zoning Board of Appeals;this will be discussed at the next meeting. 10-4-4,B:The word "shall"will be replaced with "may",because not all representatives may be required at every Plan Council.The City Administrator determines who is required to attend each Plan Council,and this will be added as Item E. Building Permits and Certificates of Occupancy have been relocated to Section 10-4-12. 10-4-7,B:Ms.Noble clarified the notice requirements,per current practice. 10-4-7,C-1-£ This section was added to clarify that these are state standards an applicant must meet when applying for a variation. 10-4-7,D:A provision for land-banking was added. Additional Business: The next meeting will be held on Wednesday November 17,2010 at 7:OOpm,and will be held at the Parks and Recreation Building at 201 W.Hydraulic Ave. Adiournment• There was no further business and a motion was made by Mr.Baker to adjourn the meeting.Mr.Green seconded the motion.Meeting adjourned at 9:03pm. Minutes respectfully submitted by Jennifer Woodrick CHAPTER 2 Rules and Definitions 10-2-1: GENERAL: In the construction of this Title,the rules and definitions contained in this Chapter shall be observed and applied, except when the context clearly indicates otherwise, 10-2-2:RULES: A. Words used in the present tense shall include the future;words used in the singular number shall include the plural number,and the plural the singular. B. The word"shall'is mandatory and not discretionary. C. The word"may"is permissive. D. The word"lot"shall include the words"plot","piece","parcel";;and the phrase"used for"shall include the phrase"arranged for","designed for","intended for","maintained for",and"occupied for". E. All measured distances shall be expressed in feet,unless otherwise indicated,and shall be calculated to the next integral foot. F. If any calculation results in a fraction,the next integral number shall be taken. G. In cases where there is a conflict between the text of the zoning ordinance and a table or figure of this zoning ordinance,the provisions that are expressed in the text shall apply. H. Words or terms contained in this Title which are defined hereinafter,shall assume definitions as prescribed in the most current edition of the Merriam-Webster unabridged dictionary. 10-2-3:DEFINITIONS: The following words and terms,wherever they occur in this Title,shall be interpreted as herein defined. ABUTTING:To have a common property line or zoning district. ACCESSORY BUILDING or USE:An"accessory building or use"is one which: 1. Is subordinate to and serves a principal building or principal use. 2. Is subordinate in area,extent or purpose to the principal building or principal use served. 3. Contributes to the comfort,convenience or necessity of occupants of the principal building or principal use served. 4. Is located on the same lot and in the same zoning district as the principal use. ACRE:A measure of land containing forty three thousand five hundred sixty(43,560)square feet. 3 COMMUNITY CENTER: A building or structure used as a place of meeting,recreation or social activity,generally open to the public and designed to accommodate and serve significant segments of the community. CONFORMING BUILDING OR STRUCTURE:A building or structure which: A.Complies with all the regulations of this Title or of any amendment hereto governing bulk of the district in which said building or structure is located;and B.Is designed or intended for a permitted or special use as allowed in the district in which it is located. CONTRACTOR FACILITY: A facility where a construction contractor maintains its principal office or a permanent business office including outdoor storage incidental to the business and enclosed with an opaque fence or wall a minimum of 6 feet in height. CONTRACTOR OFFICES: A building used for conducting contracting business that does not use any exterior storage area. COURT:An open unoccupied space,other than a yard,on the same lot with a building or group of buildings and which is bounded on two(2)or more sides by such building or buildings. CURB LEVEL:The level of the established curb in front of the building measured at the center of such front.Where a building faces on more than one street,the'curb level'shall be the average of the levels of the curbs at the center of the front of each street.Where no curb elevation has been established,the mean level of the land immediately adjacent to the building shall be considered the"curb level'. DANCE HALL: A place of assembly,open to the public and operated for profit,where dances,parties,receptions and other gatherings are held. DATUM POINT:Any reference point of known or assumed coordinates from which calculation or measurements may be taken. DAYCARE,IN-HOME:means any in-home child care service licensed by the State Department of Children and Family Services(DCFS)which regularly provides care for less than 24 hours per day for more than(3)and up to a maximum of twelve(12)children under the age of twelve(l2)in a family home.The term does not include facilities which receive only children from a single household.(225 ILCS 10,Sec.2.091 — Comment[KNoblel]:This section has been revised per discussion at the 10/27/10 meeting.The DAYCARE FACILITY:means any child care facility licensed by the State Department of Children and Family phrase"including senior citizen facilities'was Services(DCFS)which regularly provides day care for less than 24 hours per day for more than three(3)children removed per the ZC,however it is contained within the State's definition per 225 ILLS 10,Sec.2.09.The under the age of twelve(12)in a facility other than a family home.(225 ILCS 10,Sec.2.091 usage of the phrase was to indicate that child care within a senior citizen building shall be deemed a DAYCARE FACILITY,ADULT:means any facility,public or private,regulated by the State of Illinois in daycare facility and no exempt under the accordance with the Older Adult Services Act which provides care for less than 24 hours per day for older adults regulations of the Child Care Act such as those (seniors)such as nutritious meals,planned program of activities,and social and health related services.1 \ services for child care provided in churches or non- profit organizations.Refer to attached State Statutes. (DAYCARE FACILITY,PART DAY:means any facility licensed by the State Department of Children and Farm (DCFS)and which is conducted by a church,religious organization or social service agency in which \ Comment[KNoble2]:Revised per ZC discussion individual children are provided care,on an intermittent basis,for up to 10 hours per seven day week.Any facility at the 10/27/10 meeting. which provides intermittent care for up to 10 hours per 7 day week shall not provide such care for more than 8 hours Comment[KNoble3]:This section was added in any given day during the 7 day week.Any facility which provides intermittent care for up to 10 hours per 7 day per ZC discussion at the 10/27/10 meeting. week shall provide at least one caregiver per 20 children.(225 ILCS 10,Sec.2.091 Comment[KNoble4]:This section was added to address religious organizations which may DAYCARE HOME,GROUP:means any in-home child care service licensed by the State Department of Children provide child care services as a secondary use within and Family Services(DCFS)which regularly provides care for less than 24 hours per day for more than three(3) their religious institution. and up to a maximum of sixteen(16)children under the age of twelve(12)in a family home.The number of 7 children allowed includes the family's natural or adopted children and all other person under the age of twelve(12). (225 ILCS 10.Sec.2.091 _ _ _ _ _ _ _ _ _ _ _ _ _ Comment[KNobleSl:This section was added as it is a permitted in-home operation under the DECIBEL(dB):A unit of measurement of the intensity(loudness)of sound.Sound level meters which are Illinois child care an. employed to measure the intensity of sound are calibrated in"decibels". DENSITY,GROSS:A ratio of the total number of dwelling units on a site,divided by the total acreage of the site, to include streets,schools,parks,etc.,expressed as dwelling units per acre. DENSITY,NET:A ratio of the total number of dwelling units on a site,divided by the number of acres used exclusively for a residential-type acreage not to include schools,parks,streets,etc.,expressed as dwelling units per acre. DEPARTMENT STORE: A retail business which is conducted under a single owner's name wherein a variety of unrelated merchandise and services are housed enclosed and are exhibited and sold directly to the consumer for whom the goods and services are furnished. DISPLACEMENT(Earth):The amplitude or intensity of an earthborn vibration measured in inches.The displacement or amplitude is one-half('/2)the total earth movement. DISTRICT:A section or part of the unincorporated portion of the City for which the use regulations are uniform. DRIVE-THROUGH SERVICE ESTABLISHMENT:a business or establishment which provides all or some of its services through a building opening or window to its patrons who remain in their vehicles. DRIVEWAY:a paved or unpaved private roadway providing vehicular access between the right-of-way of the street and a parking space,garage,dwelling or other structure. DRY CLEANING ESTABLISHMENT: An establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry without the operation of any laundry or dry-cleaning equipment or machinery on the premises. DRY CLEANING PLANT: A building,portion of a building or premises used or intended to be used for cleaning fabrics,textiles,wearing apparel,or articles of any sort by immersion and agitation,or my immersions only,in cleaning solvents including but not limited to non-flammable solvents and/or Class I and above combustible liquid solvents. DWELLING:A building or portion thereof,but not including a house trailer or mobile home,designed or used exclusively for residential occupancy,including single-family dwelling units,duplex dwelling units,townhomes and multiple-family dwelling units,but not including hotels,motels,boarding or lodging houses. DWELLING,DUPLEX:A building designed or altered to provide dwelling units for occupancy by two(2)families within a single structure on separate lots,each of which having independent living quarters with direct access to the outside. DWELLING GROUP:A group of two or more single-family,duplex,townhome and/or multiple family dwellings occupying a parcel of land under a single ownership and having a yard or court in common,excluding hotels and motels. DWELLING,MULTIPLE-FAMILY:A building or portion thereof,designed or altered for occupancy by two(2)or more families living independently of each other within a single or attached structure on one lot,which may or may not share common entrances or other spaces and includes apartments,group homes,and condominiums. 8 regulation,to the public,electricity,gas,steam,telephone,sewers,transportation or water. RAILROAD RIGHT OF WAY:A strip of land with tracks and auxiliary facilities for track operation,but not including depot loading platforms,stations,train sheds,warehouses,car shops,car yards,locomotive shops,water towers,etc. RAILROAD PASSENGER STATION: A facility for the boarding of passengers and related ticketing sales and offices. RECREATIONAL CAMP-PRIVATE: An establishment consisting of permanent buildings used periodically by an association of persons where seasonal accommodations for recreational purposes are provided only to the members of such association and not to anyone who may apply. (RECREATIONAL VEHICLE: Any type of vehicle used primarily for recreational pleasure or bearing recreational vehicle registration license plates. Examples include but are not limited to,4f_.°'motor homes,boats, snowmobiles,and all-terrain vehicles. Recreational vehicles shall include any mobile structure designed for temporary occupancy,but shall exclude mobile or manufactured homes. Comment[KNoble6]:Definition revised to state"or"rather than"and"bearing recreational RECREATION CENTER: A building or structure used as a place of recreation,generally open to the public and vehicle registration license plates,per zc discussion designed to accommodate and serve significant segments of the community. at the 10/27/10 meeting. REFUSE:All waste products resulting from human habitation,except sewage. RELIGIOUS INSTITUTION,LARGE: A building,having 400 or more seats or larger than 8,000 square feet of total gross floor area,wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship,together with all accessory buildings and uses customarily associated with such primary purpose. Includes church,synagogue,temple,mosque or other such place for worship and religious activities. RELIGIOUS INSTITUTION,SMALL: A building,having 400 or fewer seats or no larger than 8,000 square feet of total gross floor area,wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship,together with all accessory buildings and uses customarily associated with such primary purpose. Includes church,synagogue,temple,mosque or other such place for worship and religious activities. RESEARCH LABORATORY:A building or group of buildings in which are located facilities for scientific research,investigation,testing or experimentation,but not facilities for the manufacture or sale of products,except as incidental to the main purpose of the laboratory. RESIDENCE:The act or condition of residing or dwelling in a place. REST HOME:See definition of"Nursing Home". RESTAURANT:Any land,building or part thereof where meals are provided for compensation,including a cafe, cafeteria,coffee shop,lunchroom,drive-in stand,tearoom and dining room,and including the serving of alcoholic beverages when served with and incidental to the serving of meals,where permitted by local option. RESTAURANT, CONVENIENCE: An establishment commonly referred to as "fast casual" dining with the following characteristics:(a)limited menu items are made-to-order and are prepared only upon request;(b)food is either ordered and picked-up at a counter or served at the patrons table in a limited dime-in area;and(c)usually part of a chain or franchise establishment. RESTAURANT,FAST FOOD:A quick service restaurant with the following characteristics:(a)typically includes drive-through service;(b)limited menu items consisting of pre-packaged or quickly prepared food items;(c)food is 16 a.Open terraces not over four feet(4')above the average level of the adjoining ground but not including a permanently roofed-over terrace or porch; b.Awnings and canopies adjoining the principal structure not exceeding three feet(3')or less into required yard; c.Steps four feet(4')or less above grade which are necessary for access to a zoning lot from a street or alley; d.Chimneys projecting eighteen inches(18")or less into the yard; e.Arbors and trellises; f.Landscaping as regulated in Title 8 Chapter 12 Landscape Ordinance of the City Code and Section 10-3- 2E of this Title. g.Flagpoles. h.Fences as regulated in Chapter 19 Fences,Screens and Walls of this Title. 2.In Front Yards: a.One story bay windows projecting three feet(3')or less into the yard; b.Ornamental light standards; c.Overhanging eaves and gutters projecting three feet(3')or less into the required yard. 3.In Rear Yards: a.Enclosed,attached or detached off-street parking spaces; b.Open off-street parking spaces, c.Accessory Buildings and Structures as regulated in Section 10-3-5 of this Title. d.Balconies,breezeways,open porches,and one-story bay windows projecting three feet(3')or less into the required yard: e.Overhanging eaves and gutters projecting three feet(3')or less into the required yard. Recreational and latmd.. dfying°guipmen^ clothesline d; _ Comment[KNoble3]:Per ZC discussion at the 10/27/10 meeting,the term"laundry drying equipment"was replaced with"clothesline". Note:Refer to the attachment of various types of contemporary laundry drying equipment. 4.In Side Yards: a.Overhanging eaves and gutters projecting into the required yard for a distance not exceeding forty percent (40%)of the required yard width,but in no case exceeding thirty inches(30"); b.Air-conditioning units for a distance not exceeding ten percent(10%)of the required yard width,but in no case exceeding twelve inches(12"). 27 10-3-6:ACCESS TO PUBLIC STREET: Except as otherwise provided for in this title,every residential building shall be constructed or erected upon a lot or parcel of land which abuts or has public access to and upon a public street unless a permanent easement of access to a public street was of record prior to the effective date hereof. 10-3-7:t iTTRAILERS;CAMPING TRAILERS TENTS; V'HI OATS: Comment[KNob]eS]:Revised Title per ZC discussion at the 10/27/10 meeting.This section may be revised after additional research at a later A. Trailers: date. gfound as pal or a lot:n any a".triet For the purposes of this section,trailers shall include,but not be limited to,utility trailers,boat trailers,horse trailers,cargo trailers,camping trailers,and travel trailers. B. Permanently Affixing to Ground Prohibited:Trailers shall not be permanently affixed to the ground as principal or accessory structures on a lot in any district. BC. Parking and Storage Restricted:Trailers shall not be parked or stored on any lot other than as lawfully permitted by this Code.Travel trailers shall only be located in lawfully established travel camp,or--trailer sales or manufacturing establishment or in accordance with Section 10-3-61).However,in a residence district,no more than one of-the-following trailers may be parked or stored openly in the driveway of a residential lot°°a no eloser than 20 feet from the public street Land shall not block the pedestrian way or sidewal — Comment[KNoble6]:Proposed language discussed at the 9-27-10 meeting. 11.Travel Traile min 3.r t'ai'l` Comment[KNoble7]:Deleted per the ZC discussion at the 10/27/10 meeting. D. Trailers stored in the open on a residential lot shall not be located within the required side yard or front yard unless as permitted in Section 10-3-7B of this title.However,trailers may be stored openly in the rear yard of a residential lot,provided that it shall: Be stored–° °hard surf°°as approved by the Zoning A,,...inist.°te Comment[KNoble8]:Proposed regulation removed per discussion at the 9-27-10 meeting. 31.Be no closer than ten feet(10')to a side or rear lot line. Note:City Attorney strongly recommends keeping this provision requiring storage of trailers on a hard 32.No trailer or other recreational vehicle as defined in Chapter 2 of this Title,shall be utilized for surface. lodging or residential purposes unless as permitted in Section 10-3-7C. 43.Trailers shall not be connected to any utility for electricity,water,gas usage unless permitted for temporary parking in accordance with Section 10-3-7C. 6E. Temporary Parking:Temporary parking and use of travel trailers shall be permitted when a permit has been issued by the koning administrator officer for the followin Moses: Comment[KNoble9]:Reflects the duties of the zoning officer as defined in Section 10-4-3: 1.Parking in the open and use of a travel trailer for lodging purposes on the lot containing a dwelling, Enforcement. provided it is not parked or used thereon more than a thirty(30)day period. 29 2.Parking and use of trailers for temporary offices or storage uses incidental to and only for the period of time of construction of a building provided such trailers are located on the same or contiguous lot as the building being constructed. 3.Travel trailers permitted for temporary parking shall be stored as required in Section 10-3-713 of this Title. Df. Tents:Tents shall not be erected,used or maintained on any lot,except such small tents as are customarily used for recreational purposes and located on the same lot as a dwelling.Temporary use of tents for religious,amusement and recreation,business or manufacturing purposes shall be permitted-allowed when a permit has been issued for such use by the zoning�istraterofficer.l Comment[KNobleill]:Ibis. EG. Boats:Boats may be parked or stored in the open when in the operation of a lawfully established principal use,and one boat may be stored or parked on a lot containing a dwelling;provided,that it shall be located within the buildable area or in a rear yard and no major repair,disassembly or rebuilding operations are conducted thereon.(Ord. 1973-56A,3-28-1974) 10-3-9:PERFORMANCE STANDARDS[ Comment[KNoblell]:Is this the appropriate location for general comments regarding The performance standards for the M-1 manufacturing district as set forth in section 10-8-1 of this title,noise, Performance standards.would it be more beneficial smoke,odorous matter,vibration,toxic or noxious matter,glare or heat,fire and explosive hazards,shall also apply to move this section to within the actual esidence and Business District chapters as a separatre to all residence or business districts. subsection,similar to the structure of the Estate District?(Section 10-6A-7:Performance Standards) 10-3-10:NOME OCCUPATIONS Comment[KNoblel2]:Section revised by staff to update the regulations of home occupations to The standards for home occupations are intended to ensure compatibility with other permitted uses and maintain the take into consideration contemporary application. residential character of the surrounding residential uses.Any gainful activity which is not a permitted home occupation as defined in this Zoning Ordinance shall be considered a business use and is prohibited in a residence district.Any such use existing on the effective date of this Zoning Ordinance shall be subject to provisions of Chapter 17 for the elimination of nonconforming use. In all residence districts,any customary home occupation shall be permitted provided that: A. It is conducted entirely within the dwelling by a member of the family fesiding in thethe residents of the dwelling and when such home occupation is clearly incidental and secondary to the use of the dwelling for dwelling residential purposes. B. It is not conducted from a detached or attached accessory building,or require internal or external alteration, or involve construction features or use of equipment not customary in a dwelling,and the entrance to the space devoted to such occupation shall be from within the dwelling,and not more than twenty-five percent(25%)of the floor area-efe—Aafy,including alse the lookout basement,of the dwelling is-shall be devoted to such home occupation.If more than one(1)home occupation is operated in a residence,the combined total square footage devoted to all such home occupations shall not exceed twenty- five percent(25%)of the floor area of the dwelling C. There is no display or activity that will indicate from the exterior of the dwelling that it is being used in whole or in part for any use other than a dwelling,except one nameplate,no more than one square foot in area,which contains only the name of the occupant of the dwelling and the home occupation conducted therein and is attached to the dwelling and not illuminated shall be permitted. D. It is conducted by-only sidents of the dwelling, plus only one additional person,whether or not a member of such family. 30 E. No electrical or mechanical equipment is used,except such as is customarily used for purely domestic or household purposes. F. The home occupation shall not generate traffic or deliveries beyond what is normally expected in the zoning district in which it is located and off-street parking for the occupational use shall be in accordance with the provisions of Chapter 18:Off-Street Parking and Loading of this Title. F. the premises that require receipt or deliver),of merchandise,goods or equipment by other than U.S.letter carrier mail service or the passenger automobile of the person conducting the home oc G Limited amounts of goods,commodities or stock in trade shall be received,retained,used or stored on,or physically transferred from the premises.Jobbing,wholesale or retail businesses,unless conducted entirely by mail,electronically or telephone,is prohibited. peffqfmanee of religious rites,but not for the general practiee of the profession. — — — - —_ Comment[KNobleO]:This revision was removed per the ZC discussion at the 10/27/10 H. Teaching of musical instruments and dancing shall be conducted only in a single-family detached dwelling meeting. and then to not more than two(2)pupils at one time,and academic or religious instructions may be given to not more than six(6)pupils at one time in a single-family detached dwelling,and not more than one pupil at one time in any other type dwelling unit. I. No permitted home occupation(s)shall interfere with the reasonable use and enjoyment of adjacent residential properties,which includes,but is not limited to,home occupations that create visible or audible interference in radio and television receivers or cause fluctuation in line voltage outside of the dwelling the home occupation is conducted. J. The home occupation does not generate any solid waste or sewage discharge in a volume or type which is not normally associated with a residential use in the zoning district. K. The home occupation does not involve any illegal activity. L. In-Home Daycare/Childcare Services are permitted as home occupations subject to the following provisions: 1.Any person operating an in-home daycare/childcare service is required to obtain a license from the Illinois Department of Children and Family Services before commencing the he operation of such service. g.Any person operating an in-home daycare/childcare service is also required to obtain an operational permit from the Bristol Kendall Fire District. Comment[KNoble14]:Wrote:This revision is based upon current discussion of proposed 3.In-home daycare/childcare services are limited to no more than six(6)children under the age of thirteen amendments to the City's building code and is (13)at any one rime,or obtain special use permit approval for additional children pursuant to Chapter 6 of subject to change. this Title. M. The following home occupations are prohibited: 1.Manufacturing business 2.Medical clinic or hospital 3.Animal hospital or kennel(animal org oming services are permitted) 31 4.Restaurant 5.Mortuary and funeral parlors 6.Any activity that produces noxious matter or employs or produces flammable matter or is in violation of Section 10-3-10 of this Title. 10-3-4-211:USES NOT SPECIFICALLY PERMITTED IN DISTRICTS: When a use is not specifically listed in the sections devoted to"uses permitted",it shall be assumed that such uses are hereby expressly prohibited unless,by a written decision of the Zoning Administrator¢kemmissien,it is determined that said use is similar to and not more objectionable than uses listed. 32 A.4oning Administrator:The Director of the Department of Community;Development or an appointee,shall be the zoning administrator. Acting in this capacity, the Director f the-Department--of Community Comment[KNoblel]:Per the ZC discussion at Development shall administer the provisions of this Title. the 10/27/10 meeting,removed the reference to "authorized appointee". B._Duties:The Zoning Administrator and such hepti fies of....sistant I°s have been,or shall be,duly appointed Comment[KNoble2]:lbid. shall enforce the zoning regulations and in addition thereto,and in furtherance of such authority,shall: 1.Identify all nonconforming structures and uses. 2.Forward to the Plan Commission applications for amendments to the zoning Title text or map, special uses and County mile and one-half reviews. 3.Forward to the Zoning Board Appeals applications for appeals and variances. 4.Forward applications,site plans and related information to the Plan Council in all cases which require plan reviews as defined in Section 10-4-4 of this Chapter, and as required in specific zoning districts under the provisions of this Title. 5.Interpret the zoning regulations when questions arise,including: a. Determine which uses, though not contained by name in a zoning district list of permitted uses,are of the same general character and permit their establishment. b.Determine the parking or loading class of a use which is not contained by name in a parking or loading class. 6.Maintain permanent and current records of the zoning ordinance,including but not limited to, all maps,amendments,variations,appeals,and publications thereof. 7. Assist in providing public information relative to all matter pertaining to this Title and open records for public inspection,as deemed required by law. 8. Initiate, direct, and review, from time to time, a study of the provisions of this Title and administrative record of variances and appeals,and make reports of his/her recommendations to the City Administrator and the appropriate Board or Commission. 9. Administer the comprehensive plan and make interpretations of provisions which pertain to building and site design taking into consideration such factors as contextual appropriateness, consistency with the City's general policies,and community need or benefit. 110.Delegate Authority by discharging other duties as may be placed upon him/her by this Title.1 Comment[KNoble3]: shall remain,per zC discussion at the 10/27/10 meeting. 10-4-3:ENFORCEMENT: A. Zoning Officer:The Chief Building Code Official,hereinafter referred to as the'officer",is designated as the zoning officer of the city. B. Duties:The Zoning Officer shall,with the exception of interpretations unless otherwise authorized,be responsible for enforcing this Title.Said officer shall have the power and shall see that the provisions of this Title are properly enforced and in furtherance of such authority,shall: 1. Issue all certificates of use and occupancy and maintain records thereof. 33 2. Conduct inspections of building,structures,and use of land to determine compliance with the terms of this Title. 3. Issue violation notices requiring compliance within thirty (30) days and advising suspected violators of their right to appeal;and to issue citations for violations of this Title. 4. (Require that all construction or work of any type be stopped when such work is not in compliance with this Title;and revoke any permit which was unlawfully issued.) - Comment[KNoble4]:Grammatical error revised,per ZC discussion at the 10/27/10 meeting. 5. Review all cases of encroachment in required yards. 6. Enforce all orders of the Zoning Board of Appeals,Plan Commission and City Council Comment[KNobleS]: "Plan commission"and "City Council"added per the ZC discussion at the C. City Officers,Employees and Citizens:It shall also be the duty of all officers,citizens and employees of 10/27/10 meeting. the city,particularly of all members of the Community Development,Engineering,Public Works and Police departments,to assist the zoning officer by reporting to him any new construction,reconstruction, improved land uses or upon any seeming violation. 10-4-4:PLAN COUNCIL: A. Purpose:To carry out the site plan review of applications and petitions related to concept plan,County mile and one-half review,annexations,planned unit developments,zoning, special use,preliminary plan and final plat. B. Members:The Plan Council is hereby created and 0+aNLmav consist of the Cty Administrator,Community Comment[KNoble6]:Note:Replaced the word Development Director, City Engineer, Chief Building Code Official,Public Works Director, Director of "shall"with"may'the per city attorney Parks and Recreation, Police Chief, Sanitary District Director, Emergency Medical Representative, and recommendation and ZC discussion at the 10/27/10 Fire District Representative. meeting. C. Meetings:The Plan Council shall meet on an as needed basis and the petitioner(s)shall also be present at the meeting. D. Duties:The Plan Council shall have the duties as set forth herein and as follows: 1. Review on all site plans and documents related to concept plan,County mile and one-half review, annexations,planned unit developments,zoning,special use,preliminary plan and final plat for compliance with City Ordinances,standards and policies. 2. Work cooperatively with the applicant(s)to find mutually acceptable site design and improvement solutions to specific site problems,in accordance to City Ordinances,standards and policies. 3. Prepare recommendations based upon review of site plans and documents to Commissions and/or Boards prior to holding of a public hearing on the application or petition. E. the City Administrator shall have final authority with re and to members and meetin2 schedule for the Plan Council. Comment[KNoble7]:Added per the ZC discussion at the 10/27/10 meeting. 10-4-5:PLAN COMMISSION: The city Plan Commission,which has been duly created by the Mayor as defined in Section 2-1-1 of the City Code, shall have the authority,responsibility and duties as set forth herein and as follows: A. To hear and report findings and recommendations to the Mayor and City Council on all applications for text amendments, map amendments and special use permits in the manner prescribed by standards and other regulations set forth herein. 34 building_f000upanoy to ho issuod by the offioor shall be Fe"ired for an),ofthe 'isting Wilding us e or ehang be made at the Sm.— 0@06814�01-file xkmilig pefmit 44 stiell 1- made in tile of-- of or ofa b+ issoed within same Fenewed,but it Shall or amy othop matter Rovefed by this tit!P5 R"d 814@h tompoFary @Onifioatos i-sue-d @xoopt under suoh f f 10-4-7:VARIATIONS: A. Authority:The Zoning Board of Appeals,after a public hearing,may determine and vary the regulations of this title in harmony with their general purpose and intent, only in the specific instances hereinafter set forth,where the beard-Zoning Board of appeals A eals olds a public hearer and makes findings of fact Comment[KNobleii]:capitalized"zoning in accordance with the standards hereinafter prescribed,and further finds that there are practical difficulties Board of Appeals",per the ZC discussion at the or particular hardships in the way of carrying out the strict letter of the regulations of this title. Unless 10/27/10 meeting. otherwise specified herein,the Mayor and City Council shall have the final decision on variations. 36 3. Variations other than those listed may be granted by the City Council,but only after a public hearing as set forth herein for an authorized variation.The concurring vote of two-thirds 03)bf all t"°°'.��.c�°'°a members�of the City Council shall be necessary to reverse the recommendations of the Comment[KNoblel3]:Term"elected"with Zoning Board of Appeals. reference to"elected official"or"elected member" has been removed throughout revised ordinance, E. Action of the Zoning Board of Appeals: per ZC discussion at the 10/27/10 meeting. 1.The Zoning Board of Appeals,on those matters defined as authorized variations,shall render a decision of approval,approval with conditions,or disapproval based upon the findings of fact as defined in subsection C of this Section for final action. 2. The Zoning Board of Appeals, on all other variations which shall be granted by the City Council,shall make recommendations to the City Council for approval,approval with conditions, or disapproval based upon the findings of fact as defined in subsection C of this Section for final action or for referral back to the Zoning Board of Appeals for further consideration. F. Revocation:Where a variation has been granted pursuant to the provisions of this Chapter,such approval shall become null and void unless construction thereon is substantially under way within twelve (12) months of the date of issuance,unless extended by the Zoning Administrator. 10-4-8:APPEALS: A. Purpose:An appeal may be taken to the Zoning Board of Appeals from any order,requirement,decision or determination made by the Enforcing Officer, by any person aggrieved by the action taken under the regulations of this Title. The Zoning Board of Appeals shall hear the appeal and forward its recommendation(s)to the Mayor and City Council for final determination. B. Initiation:An appeal maybe taken within forty-five(45)days of the action complained of by filling with the Enforcing Officer a notice of appeal specifying the grounds thereof,who shall forward such appeal to the Zoning Board of Appeals. C. Public Hearing:A public hearing shall be conducted by the Zoning Board upon every appeal.Notice of the hearing shall be posted at least twenty-four(24)hours in advance of said public hearing in the City Clerk's office. D. Decisions:The Board of Appeals may recommend to reverse or affirm,wholly or partly,or may modify the order,requirement,decision,or determination relating to this Title,made by the Enforcing Officer and said recommendation shall be forwarded to the Mayor and City Council for final determination. 10-4-9: SPECIAL USES: A. Purpose:The development and execution of this Title is based upon the division of the city into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform.It is recognized,however,that there are uses which,because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration,in each case,of the impact of those uses on neighboring land and of the public need for the particular use at the particular location.Such special uses fall into two(2)categories: 1.Uses publicly operated or traditionally affected with a public interest. 2. Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. 39 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located. 3.The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4.Adequate utilities,access roads, drainage or other necessary facilities have been or are being provided. 5.Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The proposed special use is not contrary to the objectives of the Official Comprehensive Plan of the city as amended.) __ Comment[KNoblel4]:Should this provision he considered with regard to Comprehensive Plan,and 6.The special use shall in all other respects conform to the applicable regulations of the district in other development standards and policies such as which it is located,except as such regulations may in each instance be modified by the eit�' the Appearance Code and Design Guidelines? eeune+lCity Council pursuant to the recommendations of the ph-Hi—Plan anCommission. G. Conditions and Guarantees: 1. Prior to the granting of any special use, the Plan Commission may recommend and the Citv Council may require conditions and restrictions, upon establishment, location, construction, maintenance,and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in subsection H.above. 2. In all cases in which special uses are granted the Plan Commission may recommend and the City Council may require such evidence and guarantees as it may deem necessary as proof that the conditions in connection with the special use are being and will be complied with as required. H. Action of the Plan Commission: 1. The Plan Commission shall make recommendations to the City Council to,grant or deny an application for special use, and may establish such conditions and restrictions as defined in subsection G. above for final action. The City Council may grant or deny, by ordinance, any application for special use or refer back to the Plan Commission for further consideration. 2. Any application for a special use which fails to receive the favorablc recommendation or favorable recommendation with conditions of four(4)members of the Plan Commission shall not be approved except by the favorable vote of two-thirds (2/3) of all the members of the City Council, and any special use application which receives the favorable recommendation or favorable recommendation with conditions from the Plan Commission may be denied by a majority vote of the Board of Trustees. I. Effect of Denial of Special Use:No application for special use,which has been denied wholly or in part by the City Council,shall be resubmitted for a period of one(1)year from the date of said denial,except on the grounds of new evidence or proof of change of conditions. 41 CHAPTER 5 Zoning Districts and Maps 10-5-1: DISTRICTS ESTABLISHED: For the purpose and provisions herein,Yorkville is hereby organized into sixteen(16)districts.The minimum area that may constitute a separate or detached part of any zoning district shall be as follows: Location In Title Zoning District Minimum Acres Chapter 8-9 A-1 Agricultural District - Chapter 10 OS Open Space Chapter 411,Article A E-1 Estate District 1 Chapter 411 Article B R-1 Single-Family Suburban Residence District 10 Chapter 411,Article C R-2 Single-Family Traditional Residence District 10 Chapter 411 Article D R-2 Duplex,Two-Family Attached Residence District -- Chapter 911,Article E R-3 General-Multi-Family Attached Residence District 5 Chapter 911,Article F R-4 General Multi-Family Residence District 2 Chapter 11,Article G JCDD Conservation Design District _ Chapter 4412,Article A 10 Office District 1 Chapter 4412,Article B B-1 Limited Business District F1 Chapter 4412,Article C B-2 General Business District 2 Chapter 4412,Article D 13-3 Service Business District 2 Chapter 112,Article E B-4 Business District 2 Chapter 4-213,Article A M-1 Limited Manufacturing District 10 Chapter 4-213,Article B M-2 General Manufacturing District 10 10-5-2:ZONING MAPS: The boundaries of the zoning districts designated in Section 10-45-1 of this Chapter are hereby established as shown on the maps entitled "Zoning Map: The United City of Yorkville", dated as amended from time to time, which said maps..,.,.,......any and are made a paft hereof and shall have the same force and effect as if the Zoning Map,together with all notations,references and other information shown thereon,were fully set forth and described herein. 10-5-3:DISTRICT BOUNDARIES: When uncertainty exists with respect to the boundaries of the various districts shown on the Zoning Map, the following rules shall apply: A._District boundary lines are either the center lines of railroads,highways,streets,alleys or easements or the boundary lines of sections, quarter-sections, divisions of sections, tracts or lots, or such lines extended or otherwise indicated. 40 B._In areas not subdivided into lots and blocks,wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strips shall be in accordance with the dimensions shown on the maps measured at right angles from the center line of the street or highway, and the length of frontage shall be in accordance with dimensions shown on the maps-from section,quarter- sections or division lines,or center lines of streets,highways or railroad rights of way unless otherwise indicated. C._Where a lot held irl-eneunder single ownership and of record on the effective date hereof is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district; provided,that this construction shall not apply if it increases the less restricted frontage of the lot by more than twenty five feet(25'). 10-5-4: ZONING OF STREETS,ALLEYS, PUBLIC WAYS,WATERWAYS AND RAILROAD RIGHTS OF WAY: All streets, alleys, public ways, waterways and railroad rights of way, if not otherwise specifically designated,shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets,public ways,or waterways and railroad rights of way.Where the center line of a street,alley,public way, waterway or railroad right of way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated,shall be deemed to be the same as that of the abutting property up to such center line. 10-5-5: ZONING OF ANNEXED LAND: [Any territory or land hereafter annexed to the City shall automatically, upon such annexation be classified within the R-1 Residential District and be subject to all conditions and regulations applicable to land in such district until such land is subsequently rezoned;or the owner if owners of the territory or land to be annexed voluntarily enter into an annexation agreement which specific zoning classification and other restrictions affecting said territory or land concurrently with the petition for annexation and pursuant to Section 10-4-10 of this Title. The Plan Commission shall make findings of fact with respect to the appropriate zonin classification or classifications of the annexed land and forward its recommendation to the City CouncilJ Comment[KNoblei]:This Section heading currently exists in the current City Zoning Ordinance.The provisions presented here have been slightly modified to be consistent with section 65 ILCS 5/7-1-47 of the Illinois Compiled Statutes. 41 Residential Uses Zoning Districts Ag Open Space Residential Business Manufacturing Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2 S S Mobile Home Park - - - - - - (10 acre min) (10 acre min) - - - - - - - - Dwelling, Duplex - - P P P P - - - P S S S S S (h,nu sines (i,bus n P5 s (in business (in business (in business (in business Dwelling, Multi-Family - - P P P - bldg) sldg) bldg) bldg) bldg) bldg) \ • Dwelling,Single-Family P - P P P P P P P - - - - - - `=' Dwelling,Townhouse - - - - - P P P - - - - - Institutional Uses Zoning Districts Ag Open Space Residential Business Manufacturing Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2 Cemetery S S S S S S S S P - - - Religious Institution, Large S - S S S S S S S - P P P P S S Religious Institution,Small S - P P P P P P P - P P P P S S Philanthropic institution S - S S S S S S 1 Hospital S - S S S S S S - P P P P - rF Library - - - - - P P P P P - Q Nursing home S - S S S S S S - P P - College S - S S S S S S P P P P P - School - - P P P P P P - - - Commercial Uses N Zoning Districts Ag I Open Space Residential Business Manufacturing Cl Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2 Adult Oriented Uses - - - - - - S S C Agricultural implement sales and service S Nf - - - - - - - S P - V1 Agricultural uses P S - - - - - - - - - - - Vf Amusement park S S - - - - - - - - S S S S S S S S Antique Sales - - (in overlay) - (in overlay) - (in overlay) (in overlay) - - P P P P - Auction House P - - - - - - - - - P - Automobile rental - - - - - - - - P P P - - Automobile repair - - - - - - - - - - - P P P P Automobile sales and service/Open Sales Lot - - - - - - - - - P P - - FINAL Chapter 6 Permitted and Special Uses revised 11.9.10 kbn Page 1 Commercial Uses-Continued Zoning Districts Ag Open Space Residential Business Manufacturing Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2 S S (appurtenant to (appurtenant to Bakery - - - P P P P wW—[) wholesale) Bank - - P P P P P - Bed and Breakfast Inn S S S S - S S - S S S - - Billiard parlor - - - - S P P P - Boat sales and rental - - - - P P - ? Boat storage - - S S S S Bowling alley - - - P P P - rt lumber,coal,sand and gravel yards,and (D yards for contracting equipment of public "% agencies, or public utilities,or materials or _ _ _ S S M equipment of similar nature, ready mix batch plants,and asphalt manufacturing (D plants % Building material sales - - - - - P P - _3• Campground S - - - - - r+ rF Car Wash - - - P P P P (D Club/Lodge - - P P P P P S Q !rte Commercial feeding of fish, poultry, livestock S - - - - - - Commercial Laboratory - - P P P P P - Community Center - P P P P - P P P P P P M Contractor facilities with outdoor storage - - - - - - S S A Dance hall - - - - P P P - —• Department store - - - P P P - Dry cleaning establishment - - S P P P P - C Dry cleaning plant - - - - S S N Fertilizer sales with storage and mixture S Gasoline service station - - - S S S S S Golf Course S P P P P P P - - - - Golf driving range S - - P P Grain elevators and storage P - - - - - - Grocery store - - - - P P P P - Health club or gymnasium - - - P P P - Heavy machinery and equipment rental P P business Hotel/Motel P 1 P 1 P 1 - Kennel S I P I P I - FINAL Chapter 6 Permitted and Special Uses revised 11.9.10 kbn Page 2 Commercial Uses-Continued Zoning Districts Ag Open Space Residential Business Manufacturing Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2 Microbrewery/Brew Pub - - - Motorcycle sales and service - - - P P - Nursery P - - - P P - Off-Track Betting(OTB) establishments - - - - - Parks - P P P P P P P P P P P P P - Playground - P P P P P P P P - P P P P - Recreation center - P - - P P P P P P Recreational camp- private S - - - - - Recreational vehicle sales and service - - - - - P P - rF Restaurant - P P P P - Retail Store - - - S P P P P S - Roadside Stand P - - - - Salvage Yard S - - - - - S Skating rink - - - - - P P - Stadium S - - - - - S S S S Swimming pool-indoor - - - - P P P P Tavern-nightclub or lounge - - - - S S S S S Theater - - - - - P P P - (p Tourist Court/Home - - S(srmmax) S(5rmmax) - - - - Trailer Camp/Park S - - P P P P - Truck and trailer rental - - - - S P - Truck,truck tractor,truck trailer,car trailer (� or bus storage yard- not include motor - - - P P freight terminal A_ Adult Daycare Facility Advertising agency - - - P P P P P - Animal hospital S - - S - C Appliance-service - - - - - P P - Bookkeeping service - - P P P P P N Carpet and rug cleaning - - - - - P P Catering Service - - - - - P P - Clothes-pressing and repair - - - - P P P P - Contractor offices - - - - - - P P Daycare Facility S S S S S S S S S S Detective agency - - - - P P P P P - Dressmaker-seamstress - - - P P P P - FINAL Chapter 6 Permitted and Special Uses revised 11.9.10 kbn Page 3 Professional Zoning Districts Ag Open Space Residential Business Manufacturing Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2 Employment office - - P P P P P - Furniture repair and refinishing - - - - P P - Interior decorating studio - - - P P P - Locksmith - - - - P P P - ? Medical clinic - - - P P P P P - Photograph studio - - - P P P P - Professional Services - - P P P P P - r+ Radio and television studios - - - P P P - Repair of household or office machinery or equipment - - - P P Shoe and hat repair - - - - P P P P - Taxidermist - - P P P - Treatment Center - - - - P P P P - Upholstery shop - - - - P P - Watch and clock sales and repair - - - P P P - fl+ Weaving and mending-custom - - - P P P - M Manufacturing-Processing/Assembly Uses -------L— --L— Q Zoning Districts 3 Ag Open Space Residential Business Manufacturing Q Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD O B-1 B-2 B-3 B-4 M-1 M-2 N Any manufacturing or processing that can and does operate in compliance with (D performance standards of 10-8-1 - - - P P C1 Bakery(wholesale-retail component special @, use) - - - - - P P C Newspaper Publishing - - - - P P Vf Stone and gravel quarries - - - - S Welding shop S Wholesaling and warehousing-Local cartage express facilities -not including motor freight terminal - - - - - - P P FINAL Chapter 6 Permitted and Special Uses revised 11.9.10 kbn Page 4 Transportation Zoning Districts Ag Open Space Residential Business Manufacturing Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2 Airport S - - - - - S S Bus or truck storage yard - - - - - - P P Bus or truck garage or streetcar house - - - - - P P n Marina - S S S S S S S Motor freight terminals - - - - - - - - - S S Railroad passenger station S - S S S S S S S S S S S S S S Railroad repair shops, maintenance buildings M and switching yards S - - - - - - - - - S Taxicab business - - - - - - - - - P 1 P 1 S 1 S Utility Uses 10 Zoning Districts (D Ag Open Space Residential Business Manufacturing 3 Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2 . Communications use S - - - - - - - - - r+ Electric substation S - S S S S S S P P P P P P Filtration plant S - S S S S S S - - - - P P Q Fire Station S - S S S S S S S P P P P P P P Police Station S - S S S S S S S P P P P P P P Public Utility electric substations and LA distribution centers,gas regulations centers and underground gas holder stations S S - - - - - - - P P A Public utility facilities S P P P P P P P Radio and television towers,commercial S P S S S S S S - - - P P C Sewage treatment plant - - S S S S S S - - - P P Utility company maintenance yard - - - - - - - - - - P P N Utility service yard or garage - - - - - - - - P P Other Zoning Districts Ag I Open Space Residential Business Manufacturing Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2 Accessory Building/Uses P P P P P P P P P P P P P P P P Planned Unit Developments(PUD) S FINAL Chapter 6 Permitted and Special Uses revised 11.9.10 kbn Page 5 Setbacks Minimum Lot Max.Lot Min. Dwelling Unit Religious Institution Max. Zone Zoning District Maximum Density Size Minimum Lot Width Covera a Min.Front Min.Side* Rear Max.Height Max.Height Height F.A.R. A-1 Agricultural - - - - 100'**** 50' - - - - - OS Open Space - - - 30' 10' - - - - - E-1 Estate Residential 1 per acre 1 acre 200' 30% 50' 50' 40' 25' - - - R-1 Suburban Residential - 18,000 s ft 100' 25% 40' 15'(40') 50' 30' - - - R-2 Traditional Residential - 12,000 s ft** 80'** 20% 30' 10'(30') 40' 30' - - - R-2 Duplex - 15,000 s ft*** 100'*** 30% 30' 10'(30') 30' 30' - - - R-3 Multi-Family Residential 5 per acre max.6 units per building) 9,000 s ft 70' 90'for attached units 30% 30' 10' 20' 30' 80'(6 stories)***** 30' 2.5 stories 45'structure/75'stee le - R-4 General Multi-Family 8 per acre 15,000 s ft 70' 90'for attached units 30% 30' 12'or 60%of bldg h t(20' 40' 80'(6 stories)***** 30' 2.5 stories) 45'structure/75'steeple - �..vj. O Office - 20,000 s ft - 50% 30' 10' 20' 20' 80'(6 stories)***** - - - B-1 Limited Business - 10,000 s ft - 50% 30' 20' 20' 80'(6 stories)***** - - B-2 General Business - 10,000 s ft - 80% 0' 20'(30') 20' 80'(6 stories)***** - - - B-3 Service Business - 10,000 s ft - 50% 50' 20'(30') 20' 80'(6 stories)***** - - - B-4 Business - 10,000 s ft - 50% 50' 20'(30') 20' 80'(6 stories)***** - - - M-1 Limited Manufacturing - - - 60% 25' Imin 10%of lot and max.20' - - - - .8 max. M-2 General Manufacturing - - - 60% 25' min 10%of lot and max.20' - - - - .85 max. �""�• *Dimensions within Q=requirement for side yards adjoining a street **Lots with private wells and/or private sewage minimum 1 acre and 125'width ***Lots with private wells and/or private sewage minimum 1.5 acres and 150'width • ****200'along 34 and 47 *****If property is located in the Downtown Area(see map below),Max.Height is 35'or 3 stories Note:For special uses refer to Zoning Ordinance Downtown Height Limit Area 47 S 1 V1!Hydra.. ic-gveE_Hydraut.ic_q.'Ve y a � � L5 C L7�3 D Van WMadison-5t E2 _ �0 E s Emmon•st • ❑ 4 E:73 E-3 C� E LIT �Q 0 Q 24 8. 0 a j � 4�Ridge] D q 0 �P-] I y D ❑ I �/ 1P V?Ln Fort Go D Q C b C�D ED �? E� ( G7 Q Fox-St-. Ct� CD d E7 C1 p d c-7 aster W Washingto t G E30 �0 o0 � � Q o c [] tJ p E'J a E-Washfngtoo R St a [ o �7 1 EoEjCE_? CJ ❑ Q Q p 225 ILCS 10/ Child Care Act of 1969. Page 1 of 43 Illinois Compiled Statutes Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law. PROFESSIONS AND OCCUPATIONS (225 ILCS 10/) Child Care Act of 1969. (225 ILCS 10/1) (from Ch. 23, par. 2211) Sec. 1. This Act shall be known and may be cited as the Child Care Act of 1969. (Source: P. A. 76-63. ) (225 ILCS 10/2) (from Ch. 23, par. 2212) Sec. 2. Terms used in this Act, unless the context otherwise requires, have the meanings ascribed to them in Sections 2.01 through 2.27. (Source: P.A. 94-586, eff. 8-15-05. ) (225 ILCS 10/2.01) (from Ch. 23, par. 2212.01) Sec. 2.01. Child. "Child" means any person under 18 years of age. For purposes of admission to and residence in child care institutions, group homes, and maternity centers, the term also means any person under 21 years of age who is referred by a parent or guardian, including an agency having legal responsibility for the person pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987. Termination of care for such persons under 21 years of age shall occur no later than 90 days following completion of a public school secondary education program or the individual's eligibility for such a program. (Source: P.A. 91-60, eff. 6-30-99. ) (225 ILCS 10/2.O1a) (from Ch. 23, par. 2212.01a) Sec. 2.O1a. "Homeless youth" has the same meaning as in Section 5 of "An Act creating the Department of Children and Family Services, codifying its powers and duties, and repealing certain Acts and Sections herein named", approved June 4, 1963, as amended. (Source: P.A. 86-278; 86-386. ) (225 ILCS 10/2.02) (from Ch. 23, par. 2212.02) Sec. 2.02. h"://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1293&ChapAct=225%26nbsp%3BIL... 11/9/2010 225 ILCS 10/ Child Care Act of 1969. Page 2 of 43 "Department" means the Illinois Department of Children and Family Services. (Source: P. A. 76-63. ) (225 ILCS 10/2.03) (from Ch. 23, par. 2212 .03) Sec. 2.03. "Guardian" means the guardian of the person of a minor. (Source: P. A. 76-63. ) (225 ILCS 10/2.04) (from Ch. 23, par. 2212.04) Sec. 2.04. "Related" means any of the following relationships by blood, marriage, or adoption: parent, grandparent, great-grandparent, great-uncle, great-aunt, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, nephew, niece, or first cousin . (Source: P.A. 80-459. ) (225 ILCS 10/2.05) (from Ch. 23, par. 2212.05) Sec. 2.05. "Facility for child care" or "child care facility" means any person, group of persons, agency, association, organization, corporation, institution, center, or group, whether established for gain or otherwise, who or which receives or arranges for care or placement of one or more children, unrelated to the operator of the facility, apart from the parents, with or without the transfer of the right of custody in any facility as defined in this Act, established and maintained for the care of children. "Child care facility" includes a relative who is licensed as a foster family home under Section 4 of this Act. (Source: P.A. 94-586, eff. 8-15-05. ) (225 ILCS 10/2.06) (from Ch. 23, par. 2212.06) Sec. 2.06. "Child care institution" means a child care facility where more than 7 children are received and maintained for the purpose of providing them with care or training or both. The term "child care institution" includes residential schools, primarily serving ambulatory handicapped children, and those operating a full calendar year, but does not include: (a) Any State-operated institution for child care established by legislative action; (b) Any juvenile detention or shelter care home established and operated by any county or child protection district established under the "Child Protection Act"; (c) Any institution, home, place or facility operating under a license pursuant to the Nursing Home Care Act or the MR/DD Community Care Act; (d) Any bona fide boarding school in which children are primarily taught branches of education corresponding to those taught in public schools, grades one through 12, or taught in public elementary schools, high schools, or both elementary and high schools, and which operates on a regular academic school year basis; or (e) Any facility licensed as a "group home" as defined in this Act. (Source: P.A. 96-339, eff. 7-1-10. ) h"://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1293&ChapAct=225%26nbsp%3BIL... 11/9/2010 225 ILCS 10/ Child Care Act of 1969. Page 3 of 43 (225 ILCS 10/2.07) (from Ch. 23, par. 2212.07) Sec. 2.07. "Maternity center" means a facility in which any person, agency, or corporation other than one licensed as a foster family home or group home under this Act, receives, treats or cares for one or more unwed pregnant girls under 18 years of age, except that the term does not include any facility licensed under the "Hospital Licensing Act". (Source: P. A. 76-63. ) (225 ILCS 10/2.08) (from Ch. 23, par. 2212.08) Sec. 2.08. "Child welfare agency" means a public or private child care facility, receiving any child or children for the purpose of placing or arranging for the placement or free care of the child or children in foster family homes, unlicensed pre-adoptive and adoptive homes, or other facilities for child care, apart from the custody of the child's or children's parents. The term "child welfare agency" includes all agencies established and maintained by a municipality or other political subdivision of the State of Illinois to protect, guard, train or care for children outside their own homes and all agencies, persons, groups of persons, associations, organizations, corporations, institutions, centers, or groups providing adoption services, but does not include any circuit court or duly appointed juvenile probation officer or youth counselor of the court who receives and places children under an order of the court. (Source: P.A. 94-586, eff. 8-15-05. ) (225 ILCS 10/2.09) (from Ch. 23, par. 2212.09) Sec. 2.09. "Day care center" means any child care facility which regularly provides day care for less than 24 hours per day for (1) more than 8 children in a family home, or (2) more than 3 children in a facility other than a family home, including senior citizen buildings. The term does not include (a) programs operated by (i) public or private elementary school systems or secondary level school units or institutions of higher learning that serve children who shall have attained the age of 3 years or (ii) private entities on the grounds of public or private elementary or secondary schools and that serve children who have attained the age of 3 years, except that this exception applies only to the facility and not to the private entities' personnel operating the program; (b) programs or that portion of the program which serves children who shall have attained the age of 3 years and which are recognized by the State Board of Education; (c) educational program or programs serving children who shall have attained the age of 3 years and which are operated by a school which is registered with the State Board of Education and which is recognized or accredited by a recognized national or multistate educational organization or association which regularly recognizes or accredits schools; (d) programs which exclusively serve or that portion of the program which serves handicapped children who shall have attained the age of 3 years but are less than 21 years of age and which are registered and approved as meeting standards of the State Board of Education and applicable fire marshal standards; (e) h"://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1293&ChapAct=225%26nbsp%3BIL... 11/9/2010 225 ILCS 10/ Child Care Act of 1969. Page 4 of 43 facilities operated in connection with a shopping center or service, religious services, or other similar facility, where transient children are cared for temporarily while parents or custodians of the children are occupied on the premises and readily available; (f) any type of day care center that is conducted on federal government premises; (g) special activities programs, including athletics, crafts instruction and similar activities conducted on an organized and periodic basis by civic, charitable and governmental organizations; (h) part day child care facilities, as defined in Section 2.10 of this Act; or (i) programs or that portion of the program which (1) serves children who shall have attained the age of 3 years, (2) is operated by churches or religious institutions as described in Section 501 (c) (3) of the federal Internal Revenue Code, (3) receives no governmental aid, (4) is operated as a component of a religious, nonprofit elementary school, (5) operates primarily to provide religious education, and (6) meets appropriate State or local health and fire safety standards. For purposes of (a) , (b) , (c) , (d) and (i) of this Section, "children who shall have attained the age of 3 years" shall mean children who are 3 years of age, but less than 4 years of age, at the time of enrollment in the program. (Source: P.A. 92-659, eff. 7-16-02. ) (225 ILCS 10/2.10) (from Ch. 23, par. 2212.10) Sec. 2.10. "Part day child care facility" means a facility for which written notification has been filed pursuant to subsection (b) of Section 3 of this Act and which is conducted by a church, religious organization or social service agency in which individual children are provided care, on an intermittent basis, for up to 10 hours per seven day week. Any facility which provides intermittent care for up to 10 hours per 7 day week shall not provide such care for more than 8 hours in any given day during the 7 day week. Any facility which provides intermittent care for up to 10 hours per 7 day week shall provide at least one caregiver per 20 children. Any facility which operates for more than 10 hours per 7 day week or charges a fee for its services shall maintain written records indicating the parent's name, emergency phone numbers and the number of hours each child is served in order to verify that the facility is operating within the bounds set by this definition. (Source: P.A. 87-724.) (225 ILCS 10/2.11) (from Ch. 23, par. 2212.11) Sec. 2.11. "Day care agency" means any person, group of persons, public or private agency, association or organization which undertakes to provide one or more day care homes with administrative services including, but not limited to, consultation, technical assistance, training, supervision, evaluation and provision of or referral to health and social services under contractual arrangement. (Source: P.A. 83-126. ) (225 ILCS 10/2.16) (from Ch. 23, par. 2212 .16) Sec. 2.16. "Group home" means a child care facility which provides care for no more than 10 children placed by and under h"://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1293&ChapAct=225%26nbsp%3BIL... 11/9/2010 225 ILCS 10/ Child Care Act of 1969. Page 5 of 43 the supervision of a licensed child welfare agency with these homes being owned or rented, staffed, maintained and otherwise operated by the agency. (Source: P.A. 79-1016. ) (225 ILCS 10/2.17) (from Ch. 23, par. 2212 .17) Sec. 2.17. "Foster family home" means a facility for child care in residences of families who receive no more than 8 children unrelated to them, unless all the children are of common parentage, or residences of relatives who receive no more than 8 related children placed by the Department, unless the children are of common parentage, for the purpose of providing family care and training for the children on a full-time basis, except the Director of Children and Family Services, pursuant to Department regulations, may waive the limit of 8 children unrelated to an adoptive family for good cause and only to facilitate an adoptive placement. The family's or relative's own children, under 18 years of age, shall be included in determining the maximum number of children served. For purposes of this Section, a "relative" includes any person, 21 years of age or over, other than the parent, who (i) is currently related to the child in any of the following ways by blood or adoption: grandparent, sibling, great-grandparent, uncle, aunt, nephew, niece, first cousin, great-uncle, or great-aunt; or (ii) is the spouse of such a relative; or (iii) is a child's step-father, step-mother, or adult step-brother or step-sister; "relative" also includes a person related in any of the foregoing ways to a sibling of a child, even though the person is not related to the child, when the child and its sibling are placed together with that person. The term "foster family home" includes homes receiving children from any State-operated institution for child care; or from any agency established by a municipality or other political subdivision of the State of Illinois authorized to provide care for children outside their own homes. The term "foster family home" does not include an "adoption-only home" as defined in Section 2.23 of this Act. The types of foster family homes are defined as follows: (a) "Boarding home" means a foster family home which receives payment for regular full-time care of a child or children. (b) "Free home" means a foster family home other than an adoptive home which does not receive payments for the care of a child or children. (c) "Adoptive home" means a foster family home which receives a child or children for the purpose of adopting the child or children. (d) "Work-wage home" means a foster family home which receives a child or children who pay part or all of their board by rendering some services to the family not prohibited by the Child Labor Law or by standards or regulations of the Department prescribed under this Act. The child or children may receive a wage in connection with the services rendered the foster family. (e) "Agency-supervised home" means a foster family home h"://v ww.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1293&ChapAct=225%26nbsp%3BIL... 11/9/2010 225 ILCS 10/ Child Care Act of 1969. Page 6 of 43 under the direct and regular supervision of a licensed child welfare agency, of the Department of Children and Family Services, of a circuit court, or of any other State agency which has authority to place children in child care facilities, and which receives no more than 8 children, unless of common parentage, who are placed and are regularly supervised by one of the specified agencies. (f) "Independent home" means a foster family home, other than an adoptive home, which receives no more than 4 children, unless of common parentage, directly from parents, or other legally responsible persons, by independent arrangement and which is not subject to direct and regular supervision of a specified agency except as such supervision pertains to licensing by the Department. (Source: P.A. 92-318, eff. 1-1-02. ) (225 ILCS 10/2.18) (from Ch. 23, par. 2212.18) Sec. 2.18. "Day care homes" means family homes which receive more than 3 up to a maximum of 12 children for less than 24 hours per day. The number counted includes the family's natural or adopted children and all other persons under the age of 12. The term does not include facilities which receive only children from a single household. (Source: P.A. 87-674. ) (225 ILCS 10/2.20) (from Ch. 23, par. 2212.20) Sec. 2.20. "Group day care home" means a family home which receives more than 3 up to a maximum of 16 children for less than 24 hours per day. The number counted includes the family's natural or adopted children and all other persons under the age of 12. (Source: P.A. 87-675) (225 ILCS 10/2.21) (from Ch. 23, par. 2212 .21) Sec. 2.21. "Youth Emergency Shelter" means a child care facility licensed by the Department to provide overnight shelter, and referral for other services, to homeless youth under 18 years of age in accordance with the requirements of this Act and applicable rules of the Department. (Source: P.A. 86-278; 86-386. ) (225 ILCS 10/2.22) Sec. 2.22. "Secure child care facility" means any child care facility licensed by the Department to provide secure living arrangements for children under 18 years of age who are subject to placement in facilities under the Children and Family Services Act and who are not subject to placement in facilities for whom standards are established by the Department of Juvenile Justice under Section 3-15-2 of the Unified Code of Corrections and which comply with the requirements of this Act and applicable rules of the Department and which shall be consistent with requirements established for child residents of mental health facilities under the Juvenile Court Act of 1987 and the Mental Health and Developmental Disabilities Code. "Secure child care facility" also means a facility that is designed and operated to ensure that all entrances and exists from the facility, a building, h"://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1293&ChapAct=225%26nbsp%3BIL... 11/9/2010 320 ILCS 42/ Older Adult Services Act. Page 1 of 14 Illinois Compiled Statutes Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law. AGING (320 ILCS 42/) Older Adult Services Act. (320 ILCS 42/1) Sec. 1. Short title. This Act may be cited as the Older Adult Services Act. (Source: P.A. 93-1031, eff. 8-27-04. ) (320 ILCS 42/5) Sec. 5. Purpose. The purpose of this Act is to promote a transformation of Illinois' comprehensive system of older adult services from funding a primarily facility-based service delivery system to primarily a home-based and community-based system, taking into account the continuing need for 24-hour skilled nursing care and congregate housing with services. Such restructuring shall encompass the provision of housing, health, financial, and supportive older adult services. It is envisioned that this restructuring will promote the development, availability, and accessibility of a comprehensive, affordable, and sustainable service delivery system that places a high priority on home-based and community-based services. Such restructuring will encompass all aspects of the delivery system regardless of the setting in which the service is provided. (Source: P.A. 93-1031, eff. 8-27-04. ) (320 ILCS 42/10) Sec. 10. Definitions. In this Act: "Advisory Committee" means the Older Adult Services Advisory Committee. "Certified nursing home" means any nursing home licensed under the Nursing Home Care Act or the MR/DD Community Care Act and certified under Title XIX of the Social Security Act to participate as a vendor in the medical assistance program under Article V of the Illinois Public Aid Code. "Comprehensive case management" means the assessment of needs and preferences of an older adult at the direction of the older adult or the older adult's designated representative and the arrangement, coordination, and monitoring of an h"://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2630&ChapAct=320%26nbsp%3BIL... 11/9/2010 320 ILCS 42/ Older Adult Services Act. Page 2 of 14 optimum package of services to meet the needs of the older adult. "Consumer-directed" means decisions made by an informed older adult from available services and care options, which may range from independently making all decisions and managing services directly to limited participation in decision-making, based upon the functional and cognitive level of the older adult. "Coordinated point of entry" means an integrated access point where consumers receive information and assistance, assessment of needs, care planning, referral, assistance in completing applications, authorization of services where permitted, and follow-up to ensure that referrals and services are accessed. "Department" means the Department on Aging, in collaboration with the departments of Public Health and Healthcare and Family Services and other relevant agencies and in consultation with the Advisory Committee, except as otherwise provided. "Departments" means the Department on Aging, the departments of Public Health and Healthcare and Family Services, and other relevant agencies in collaboration with each other and in consultation with the Advisory Committee, except as otherwise provided. "Family caregiver" means an adult family member or another individual who is an uncompensated provider of home-based or community-based care to an older adult. "Health services" means activities that promote, maintain, improve, or restore mental or physical health or that are palliative in nature. "Older adult" means a person age 60 or older and, if appropriate, the person's family caregiver. "Person-centered" means a process that builds upon an older adult's strengths and capacities to engage in activities that promote community life and that reflect the older adult's preferences, choices, and abilities, to the extent practicable. "Priority service area" means an area identified by the Departments as being less-served with respect to the availability of and access to older adult services in Illinois. The Departments shall determine by rule the criteria and standards used to designate such areas. "Priority service plan" means the plan developed pursuant to Section 25 of this Act. "Provider" means any supplier of services under this Act. "Residential setting" means the place where an older adult lives. "Restructuring" means the transformation of Illinois' comprehensive system of older adult services from funding primarily a facility-based service delivery system to primarily a home-based and community-based system, taking into account the continuing need for 24-hour skilled nursing care and congregate housing with services. "Services" means the range of housing, health, financial, and supportive services, other than acute health care services, that are delivered to an older adult with functional h"://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2630&ChapAct=320%26nbsp%3BIL... 11/9/2010 320 ILCS 42/ Older Adult Services Act. Page 3 of 14 or cognitive limitations, or socialization needs, who requires assistance to perform activities of daily living, regardless of the residential setting in which the services are delivered. "Supportive services" means non-medical assistance given over a period of time to an older adult that is needed to compensate for the older adult's functional or cognitive limitations, or socialization needs, or those services designed to restore, improve, or maintain the older adult's functional or cognitive abilities. (Source: P.A. 95-331, eff. 8-21-07; 96-339, eff. 7-1-10. ) (320 ILCS 42/15) Sec. 15. Designation of lead agency; annual report. (a) The Department on Aging shall be the lead agency for: the provision of services to older adults and their family caregivers; restructuring Illinois' service delivery system for older adults; and implementation of this Act, except where otherwise provided. The Department on Aging shall collaborate with the departments of Public Health and Healthcare and Family Services and any other relevant agencies, and shall consult with the Advisory Committee, in all aspects of these duties, except as otherwise provided in this Act. (b) The Departments shall promulgate rules to implement this Act pursuant to the Illinois Administrative Procedure Act. (c) On January 1, 2006, and each January 1 thereafter, the Department shall issue a report to the General Assembly on progress made in complying with this Act, impediments thereto, recommendations of the Advisory Committee, and any recommendations for legislative changes necessary to implement this Act. To the extent practicable, all reports required by this Act shall be consolidated into a single report. (Source: P.A. 95-331, eff. 8-21-07. ) (320 ILCS 42/20) Sec. 20. Priority service areas; service expansion. (a) The requirements of this Section are subject to the availability of funding. (b) The Department shall expand older adult services that promote independence and permit older adults to remain in their own homes and communities. Priority shall be given to both the expansion of services and the development of new services in priority service areas. (c) Inventory of services. The Department shall develop and maintain an inventory and assessment of (i) the types and quantities of public older adult services and, to the extent possible, privately provided older adult services, including the unduplicated count, location, and characteristics of individuals served by each facility, program, or service and (ii) the resources supporting those services. (d) Priority service areas. The Departments shall assess the current and projected need for older adult services throughout the State, analyze the results of the inventory, and identify priority service areas, which shall serve as the basis for a priority service plan to be filed with the Governor and the General Assembly no later than July 1, 2006, and every 5 years thereafter. h"://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2630&ChapAct=320%26nbsp%3BIL... 11/9/2010 320 ILCS 42/ Older Adult Services Act. Page 4 of 14 (e) Moneys appropriated by the General Assembly for the purpose of this Section, receipts from donations, grants, fees, or taxes that may accrue from any public or private sources to the Department for the purpose of this Section, and savings attributable to the nursing home conversion program as calculated in subsection (h) shall be deposited into the Department on Aging State Projects Fund. Interest earned by those moneys in the Fund shall be credited to the Fund. (f) Moneys described in subsection (e) from the Department on Aging State Projects Fund shall be used for older adult services, regardless of where the older adult receives the service, with priority given to both the expansion of services and the development of new services in priority service areas. Fundable services shall include: (1) Housing, health services, and supportive services: (A) adult day care; (B) adult day care for persons with Alzheimer's disease and related disorders; (C) activities of daily living; (D) care-related supplies and equipment; (E) case management; (F) community reintegration; (G) companion; (H) congregate meals; (I) counseling and education; (J) elder abuse prevention and intervention; (K) emergency response and monitoring; (L) environmental modifications; (M) family caregiver support; (N) financial; (0) home delivered meals; (P) homemaker; (Q) home health; (R) hospice; (S) laundry; (T) long-term care ombudsman; (U) medication reminders; (V) money management; (W) nutrition services; (X) personal care; (Y) respite care; (Z) residential care; (AA) senior benefits outreach; (BB) senior centers; (CC) services provided under the Assisted Living and Shared Housing Act, or sheltered care services that meet the requirements of the Assisted Living and Shared Housing Act, or services provided under Section 5-5.0la of the Illinois Public Aid Code (the Supportive Living Facilities Program) ; (DD) telemedicine devices to monitor recipients in their own homes as an alternative to hospital care, nursing home care, or home visits; (EE) training for direct family caregivers; (FF) transition; (GG) transportation; (HH) wellness and fitness programs; and (II) other programs designed to assist older h"://v ww.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2630&ChapAct=320%26nbsp%3BIL... 11/9/2010 320 ILCS 42/ Older Adult Services Act. Page 5 of 14 adults in Illinois to remain independent and receive services in the most integrated residential setting possible for that person. (2) Older Adult Services Demonstration Grants, pursuant to subsection (g) of this Section. (g) Older Adult Services Demonstration Grants. The Department shall establish a program of demonstration grants to assist in the restructuring of the delivery system for older adult services and provide funding for innovative service delivery models and system change and integration initiatives. The Department shall prescribe, by rule, the grant application process. At a minimum, every application must include: (1) The type of grant sought; (2) A description of the project; (3) The objective of the project; (4) The likelihood of the project meeting identified needs; (5) The plan for financing, administration, and evaluation of the project; (6) The timetable for implementation; (7) The roles and capabilities of responsible individuals and organizations; (8) Documentation of collaboration with other service providers, local community government leaders, and other stakeholders, other providers, and any other stakeholders in the community; (9) Documentation of community support for the project, including support by other service providers, local community government leaders, and other stakeholders; (10) The total budget for the project; (11) The financial condition of the applicant; and (12) Any other application requirements that may be established by the Department by rule. Each project may include provisions for a designated staff person who is responsible for the development of the project and recruitment of providers. Projects may include, but are not limited to: adult family foster care; family adult day care; assisted living in a supervised apartment; personal services in a subsidized housing project; evening and weekend home care coverage; small incentive grants to attract new providers; money following the person; cash and counseling; managed long-term care; and at least one respite care project that establishes a local coordinated network of volunteer and paid respite workers, coordinates assignment of respite workers to caregivers and older adults, ensures the health and safety of the older adult, provides training for caregivers, and ensures that support groups are available in the community. A demonstration project funded in whole or in part by an Older Adult Services Demonstration Grant is exempt from the requirements of the Illinois Health Facilities Planning Act. To the extent applicable, however, for the purpose of maintaining the statewide inventory authorized by the Illinois Health Facilities Planning Act, the Department shall send to the Health Facilities and Services Review Board a copy of each grant award made h"://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2630&ChapAct=320%26nbsp%3BIL... 11/9/2010 320 ILCS 42/ Older Adult Services Act. Page 6 of 14 under this subsection (g) . The Department, in collaboration with the Departments of Public Health and Healthcare and Family Services, shall evaluate the effectiveness of the projects receiving grants under this Section. (h) No later than July 1 of each year, the Department of Public Health shall provide information to the Department of Healthcare and Family Services to enable the Department of Healthcare and Family Services to annually document and verify the savings attributable to the nursing home conversion program for the previous fiscal year to estimate an annual amount of such savings that may be appropriated to the Department on Aging State Projects Fund and notify the General Assembly, the Department on Aging, the Department of Human Services, and the Advisory Committee of the savings no later than October 1 of the same fiscal year. (Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09. ) (320 ILCS 42/25) Sec. 25. Older adult services restructuring. No later than January 1, 2005, the Department shall commence the process of restructuring the older adult services delivery system. Priority shall be given to both the expansion of services and the development of new services in priority service areas. Subject to the availability of funding, the restructuring shall include, but not be limited to, the following: (1) Planning. The Department on Aging and the Departments of Public Health and Healthcare and Family Services shall develop a plan to restructure the State's service delivery system for older adults pursuant to this Act no later than September 30, 2010. The plan shall include a schedule for the implementation of the initiatives outlined in this Act and all other initiatives identified by the participating agencies to fulfill the purposes of this Act and shall protect the rights of all older Illinoisans to services based on their health circumstances and functioning level, regardless of whether they receive their care in their homes, in a community setting, or in a residential facility. Financing for older adult services shall be based on the principle that "money follows the individual" taking into account individual preference, but shall not jeopardize the health, safety, or level of care of nursing home residents. The plan shall also identify potential impediments to delivery system restructuring and include any known regulatory or statutory barriers. (2) Comprehensive case management. The Department shall implement a statewide system of holistic comprehensive case management. The system shall include the identification and implementation of a universal, comprehensive assessment tool to be used statewide to determine the level of functional, cognitive, socialization, and financial needs of older adults. This tool shall be supported by an electronic intake, assessment, and care planning system linked to a central location. "Comprehensive case management" includes services and coordination such as (i) comprehensive assessment of the older adult (including the physical, functional, cognitive, psycho-social, and social needs of the individual) ; (ii) development and implementation of a service plan with the h"://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2630&ChapAct=320%26nbsp%3BIL... 11/9/2010 320 ILCS 42/ Older Adult Services Act. Page 7 of 14 older adult to mobilize the formal and family resources and services identified in the assessment to meet the needs of the older adult, including coordination of the resources and services with any other plans that exist for various formal services, such as hospital discharge plans, and with the information and assistance services; (iii) coordination and monitoring of formal and family service delivery, including coordination and monitoring to ensure that services specified in the plan are being provided; (iv) periodic reassessment and revision of the status of the older adult with the older adult or, if necessary, the older adult's designated representative; and (v) in accordance with the wishes of the older adult, advocacy on behalf of the older adult for needed services or resources. (3) Coordinated point of entry. The Department shall implement and publicize a statewide coordinated point of entry using a uniform name, identity, logo, and toll-free number. (4) Public web site. The Department shall develop a public web site that provides links to available services, resources, and reference materials concerning caregiving, diseases, and best practices for use by professionals, older adults, and family caregivers. (5) Expansion of older adult services. The Department shall expand older adult services that promote independence and permit older adults to remain in their own homes and communities. (6) Consumer-directed home and community-based services. The Department shall expand the range of service options available to permit older adults to exercise maximum choice and control over their care. (7) Comprehensive delivery system. The Department shall expand opportunities for older adults to receive services in systems that integrate acute and chronic care. (8) Enhanced transition and follow-up services. The Department shall implement a program of transition from one residential setting to another and follow-up services, regardless of residential setting, pursuant to rules with respect to (i) resident eligibility, (ii) assessment of the resident's health, cognitive, social, and financial needs, (iii) development of transition plans, and (iv) the level of services that must be available before transitioning a resident from one setting to another. (9) Family caregiver support. The Department shall develop strategies for public and private financing of services that supplement and support family caregivers. (10) Quality standards and quality improvement. The Department shall establish a core set of uniform quality standards for all providers that focus on outcomes and take into consideration consumer choice and satisfaction, and the Department shall require each provider to implement a continuous quality improvement process to address consumer issues. The continuous quality improvement process must benchmark performance, be person-centered and data-driven, and focus on consumer satisfaction. (11) Workforce. The Department shall develop strategies to attract and retain a qualified and stable worker pool, provide living wages and benefits, and create a work environment that h"://v ww.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2630&ChapAct=320%26nbsp%3BIL... 11/9/2010 320 ILCS 42/ Older Adult Services Act. Page 8 of 14 is conducive to long-term employment and career development. Resources such as grants, education, and promotion of career opportunities may be used. (12) Coordination of services. The Department shall identify methods to better coordinate service networks to maximize resources and minimize duplication of services and ease of application. (13) Barriers to services. The Department shall identify barriers to the provision, availability, and accessibility of services and shall implement a plan to address those barriers. The plan shall: (i) identify barriers, including but not limited to, statutory and regulatory complexity, reimbursement issues, payment issues, and labor force issues; (ii) recommend changes to State or federal laws or administrative rules or regulations; (iii) recommend application for federal waivers to improve efficiency and reduce cost and paperwork; (iv) develop innovative service delivery models; and (v) recommend application for federal or private service grants. (14) Reimbursement and funding. The Department shall investigate and evaluate costs and payments by defining costs to implement a uniform, audited provider cost reporting system to be considered by all Departments in establishing payments. To the extent possible, multiple cost reporting mandates shall not be imposed. (15) Medicaid nursing home cost containment and Medicare utilization. The Department of Healthcare and Family Services (formerly Department of Public Aid) , in collaboration with the Department on Aging and the Department of Public Health and in consultation with the Advisory Committee, shall propose a plan to contain Medicaid nursing home costs and maximize Medicare utilization. The plan must not impair the ability of an older adult to choose among available services. The plan shall include, but not be limited to, (i) techniques to maximize the use of the most cost-effective services without sacrificing quality and (ii) methods to identify and serve older adults in need of minimal services to remain independent, but who are likely to develop a need for more extensive services in the absence of those minimal services. (16) Bed reduction. The Department of Public Health shall implement a nursing home conversion program to reduce the number of Medicaid-certified nursing home beds in areas with excess beds. The Department of Healthcare and Family Services shall investigate changes to the Medicaid nursing facility reimbursement system in order to reduce beds. Such changes may include, but are not limited to, incentive payments that will enable facilities to adjust to the restructuring and expansion of services required by the Older Adult Services Act, including adjustments for the voluntary closure or layaway of nursing home beds certified under Title XIX of the federal Social Security Act. Any savings shall be reallocated to fund home-based or community-based older adult services pursuant to Section 20. (17) Financing. The Department shall investigate and evaluate financing options for older adult services and shall make recommendations in the report required by Section 15 concerning the feasibility of these financing arrangements. These arrangements shall include, but are not limited to: (A) private long-term care insurance coverage for h"://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2630&ChapAct=320%26nbsp%3BIL... 11/9/2010 320 ILCS 42/ Older Adult Services Act. Page 9 of 14 older adult services; (B) enhancement of federal long-term care financing initiatives; (C) employer benefit programs such as medical savings accounts for long-term care; (D) individual and family cost-sharing options; (E) strategies to reduce reliance on government programs; (F) fraudulent asset divestiture and financial planning prevention; and (G) methods to supplement and support family and community caregiving. (18) Older Adult Services Demonstration Grants. The Department shall implement a program of demonstration grants that will assist in the restructuring of the older adult services delivery system, and shall provide funding for innovative service delivery models and system change and integration initiatives pursuant to subsection (g) of Section 20. (19) Bed need methodology update. For the purposes of determining areas with excess beds, the Departments shall provide information and assistance to the Health Facilities and Services Review Board to update the Bed Need Methodology for Long-Term Care to update the assumptions used to establish the methodology to make them consistent with modern older adult services. (20) Affordable housing. The Departments shall utilize the recommendations of Illinois' Annual Comprehensive Housing Plan, as developed by the Affordable Housing Task Force through the Governor's Executive Order 2003-18, in their efforts to address the affordable housing needs of older adults. The Older Adult Services Advisory Committee shall investigate innovative and promising practices operating as demonstration or pilot projects in Illinois and in other states. The Department on Aging shall provide the Older Adult Services Advisory Committee with a list of all demonstration or pilot projects funded by the Department on Aging, including those specified by rule, law, policy memorandum, or funding arrangement. The Committee shall work with the Department on Aging to evaluate the viability of expanding these programs into other areas of the State. (Source: P.A. 96-31, eff. 6-30-09; 96-248, eff. 8-11-09; 96-1000, eff. 7-2-10. ) (320 ILCS 42/30) Sec. 30. Nursing home conversion program. (a) The Department of Public Health, in collaboration with the Department on Aging and the Department of Healthcare and Family Services, shall establish a nursing home conversion program. Start-up grants, pursuant to subsections (1) and (m) of this Section, shall be made available to nursing homes as appropriations permit as an incentive to reduce certified beds, retrofit, and retool operations to meet new service delivery expectations and demands. (b) Grant moneys shall be made available for capital and other costs related to: (1) the conversion of all or a part of h"://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2630&ChapAct=320%26nbsp%3BIL... 11/9/2010 320 ILCS 42/ Older Adult Services Act. Page 10 of 14 a nursing home to an assisted living establishment or a special program or unit for persons with Alzheimer's disease or related disorders licensed under the Assisted Living and Shared Housing Act or a supportive living facility established under Section 5-5.01a of the Illinois Public Aid Code; (2) the conversion of multi-resident bedrooms in the facility into single-occupancy rooms; and (3) the development of any of the services identified in a priority service plan that can be provided by a nursing home within the confines of a nursing home or transportation services. Grantees shall be required to provide a minimum of a 20o match toward the total cost of the project. (c) Nothing in this Act shall prohibit the co-location of services or the development of multifunctional centers under subsection (f) of Section 20, including a nursing home offering community-based services or a community provider establishing a residential facility. (d) A certified nursing home with at least 50o of its resident population having their care paid for by the Medicaid program is eligible to apply for a grant under this Section. (e) Any nursing home receiving a grant under this Section shall reduce the number of certified nursing home beds by a number equal to or greater than the number of beds being converted for one or more of the permitted uses under item (1) or (2) of subsection (b) . The nursing home shall retain the Certificate of Need for its nursing and sheltered care beds that were converted for 15 years. If the beds are reinstated by the provider or its successor in interest, the provider shall pay to the fund from which the grant was awarded, on an amortized basis, the amount of the grant. The Department shall establish, by rule, the bed reduction methodology for nursing homes that receive a grant pursuant to item (3) of subsection (b) . (f) Any nursing home receiving a grant under this Section shall agree that, for a minimum of 10 years after the date that the grant is awarded, a minimum of 500 of the nursing home's resident population shall have their care paid for by the Medicaid program. If the nursing home provider or its successor in interest ceases to comply with the requirement set forth in this subsection, the provider shall pay to the fund from which the grant was awarded, on an amortized basis, the amount of the grant. (g) Before awarding grants, the Department of Public Health shall seek recommendations from the Department on Aging and the Department of Healthcare and Family Services. The Department of Public Health shall attempt to balance the distribution of grants among geographic regions, and among small and large nursing homes. The Department of Public Health shall develop, by rule, the criteria for the award of grants based upon the following factors: (1) the unique needs of older adults (including those with moderate and low incomes) , caregivers, and providers in the geographic area of the State the grantee seeks to serve; (2) whether the grantee proposes to provide services in a priority service area; (3) the extent to which the conversion or transition will result in the reduction of certified nursing home h"://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2630&ChapAct=320%26nbsp%3BIL... 11/9/2010 320 ILCS 42/ Older Adult Services Act. Page 11 of 14 beds in an area with excess beds; (4) the compliance history of the nursing home; and (5) any other relevant factors identified by the Department, including standards of need. (h) A conversion funded in whole or in part by a grant under this Section must not: (1) diminish or reduce the quality of services available to nursing home residents; (2) force any nursing home resident to involuntarily accept home-based or community-based services instead of nursing home services; (3) diminish or reduce the supply and distribution of nursing home services in any community below the level of need, as defined by the Department by rule; or (4) cause undue hardship on any person who requires nursing home care. (i) The Department shall prescribe, by rule, the grant application process. At a minimum, every application must include: (1) the type of grant sought; (2) a description of the project; (3) the objective of the project; (4) the likelihood of the project meeting identified needs; (5) the plan for financing, administration, and evaluation of the project; (6) the timetable for implementation; (7) the roles and capabilities of responsible individuals and organizations; (8) documentation of collaboration with other service providers, local community government leaders, and other stakeholders, other providers, and any other stakeholders in the community; (9) documentation of community support for the project, including support by other service providers, local community government leaders, and other stakeholders; (10) the total budget for the project; (11) the financial condition of the applicant; and (12) any other application requirements that may be established by the Department by rule. (j) A conversion project funded in whole or in part by a grant under this Section is exempt from the requirements of the Illinois Health Facilities Planning Act. The Department of Public Health, however, shall send to the Health Facilities and Services Review Board a copy of each grant award made under this Section. (k) Applications for grants are public information, except that nursing home financial condition and any proprietary data shall be classified as nonpublic data. (1) The Department of Public Health may award grants from the Long Term Care Civil Money Penalties Fund established under Section 1919 (h) (2) (A) (ii) of the Social Security Act and 42 CFR 488.422 (8) if the award meets federal requirements. (m) The Nursing Home Conversion Fund is created as a special fund in the State treasury. Moneys appropriated by the General Assembly or transferred from other sources for the purposes of this Section shall be deposited into the Fund. All interest earned on moneys in the fund shall be credited to the h"://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2630&ChapAct=320%26nbsp%3BIL... 11/9/2010 320 ILCS 42/ Older Adult Services Act. Page 12 of 14 fund. Moneys contained in the fund shall be used to support the purposes of this Section. (Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09; 96-758, eff. 8-25-09; 96-1000, eff. 7-2-10. ) (320 ILCS 42/35) Sec. 35. Older Adult Services Advisory Committee. (a) The Older Adult Services Advisory Committee is created to advise the directors of Aging, Healthcare and Family Services, and Public Health on all matters related to this Act and the delivery of services to older adults in general. (b) The Advisory Committee shall be comprised of the following: (1) The Director of Aging or his or her designee, who shall serve as chair and shall be an ex officio and nonvoting member. (2) The Director of Healthcare and Family Services and the Director of Public Health or their designees, who shall serve as vice-chairs and shall be ex officio and nonvoting members. (3) One representative each of the Governor's Office, the Department of Healthcare and Family Services, the Department of Public Health, the Department of Veterans' Affairs, the Department of Human Services, the Department of Insurance, the Department of Commerce and Economic Opportunity, the Department on Aging, the Department on Aging's State Long Term Care Ombudsman, the Illinois Housing Finance Authority, and the Illinois Housing Development Authority, each of whom shall be selected by his or her respective director and shall be an ex officio and nonvoting member. (4) Thirty members appointed by the Director of Aging in collaboration with the directors of Public Health and Healthcare and Family Services, and selected from the recommendations of statewide associations and organizations, as follows: (A) One member representing the Area Agencies on Aging; (B) Four members representing nursing homes or licensed assisted living establishments; (C) One member representing home health agencies; (D) One member representing case management services; (E) One member representing statewide senior center associations; (F) One member representing Community Care Program homemaker services; (G) One member representing Community Care Program adult day services; (H) One member representing nutrition project directors; (I) One member representing hospice programs; (J) One member representing individuals with Alzheimer's disease and related dementias; (K) Two members representing statewide trade or labor unions; (L) One advanced practice nurse with experience h"://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2630&ChapAct=320%26nbsp%3BIL... 11/9/2010 320 ILCS 42/ Older Adult Services Act. Page 13 of 14 in gerontological nursing; (M) One physician specializing in gerontology; (N) One member representing regional long-term care ombudsmen; (0) One member representing municipal, township, or county officials; (P) (Blank) ; (Q) (Blank) ; (R) One member representing the parish nurse movement; (S) One member representing pharmacists; (T) Two members representing statewide organizations engaging in advocacy or legal representation on behalf of the senior population; (U) Two family caregivers; (V) Two citizen members over the age of 60; (W) One citizen with knowledge in the area of gerontology research or health care law; (X) One representative of health care facilities licensed under the Hospital Licensing Act; and (Y) One representative of primary care service providers. The Director of Aging, in collaboration with the Directors of Public Health and Healthcare and Family Services, may appoint additional citizen members to the Older Adult Services Advisory Committee. Each such additional member must be either an individual age 60 or older or an uncompensated caregiver for a family member or friend who is age 60 or older. (c) Voting members of the Advisory Committee shall serve for a term of 3 years or until a replacement is named. All members shall be appointed no later than January 1, 2005. Of the initial appointees, as determined by lot, 10 members shall serve a term of one year; 10 shall serve for a term of 2 years; and 12 shall serve for a term of 3 years. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of that term. The Advisory Committee shall meet at least quarterly and may meet more frequently at the call of the Chair. A simple majority of those appointed shall constitute a quorum. The affirmative vote of a majority of those present and voting shall be necessary for Advisory Committee action. Members of the Advisory Committee shall receive no compensation for their services. (d) The Advisory Committee shall have an Executive Committee comprised of the Chair, the Vice Chairs, and up to 15 members of the Advisory Committee appointed by the Chair who have demonstrated expertise in developing, implementing, or coordinating the system restructuring initiatives defined in Section 25. The Executive Committee shall have responsibility to oversee and structure the operations of the Advisory Committee and to create and appoint necessary subcommittees and subcommittee members. (e) The Advisory Committee shall study and make recommendations related to the implementation of this Act, including but not limited to system restructuring initiatives as defined in Section 25 or otherwise related h"://v ww.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2630&ChapAct=320%26nbsp%3BIL... 11/9/2010 320 ILCS 42/ Older Adult Services Act. Page 14 of 14 to this Act. (Source: P.A. 95-331, eff. 8-21-07; 96-916, eff. 6-9-10. ) (320 ILCS 42/90) Sec. 90. (Amendatory provisions; text omitted) . (Source: P.A. 93-1031, eff. 8-27-04; text omitted. ) (320 ILCS 42/91) Sec. 91. (Amendatory provisions; text omitted) . (Source: P.A. 93-1031, eff. 8-27-04; text omitted. ) (320 ILCS 42/92) Sec. 92. (Amendatory provisions; text omitted) . (Source: P.A. 93-1031, eff. 8-27-04; text omitted. ) (320 ILCS 42/96) Sec. 96. (Amendatory provisions; text omitted) . (Source: P.A. 93-1031, eff. 8-27-04; text omitted. ) (320 ILCS 42/99) Sec. 99. Effective date. This Act takes effect upon becoming law. 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For more information about this publication,please visit www.west.thomson.com. ZONING FOR HOME OCCUPATIONS: MODERNIZING ZONING CODES TO ACCOMMODATE GROWTH IN HOME-BASED BUSINESSES Patricia E. Salkin, Esq. Associate Dean and Director 2006 These materials are copyright by Albany Law School(ALS)on behalf of its Government Law Center or ALS licensors and may not be reproduced in whole or in part in or on any media or used for any purpose without the express,prior written permission of Albany Law School or the licensor. Neither Albany Law School,the Government Law Center or any licensor is engaged in providing legal advice by making these materials available and the materials should,therefore,not be taken as providing legal advice. All readers or users of these materials are further advised that the statutes,regulations and case law discussed or referred to in these materials are subject to and can change at any time and that these materials may not,in any event,be applicable to a specific situation under consideration. The information provided in these materials is for informational purposes only and is not intended to be,nor should it be considered to be,a substitute for legal advice rendered by a competent licensed attorney or other qualified professional. If you have any questions regarding the application of any information provided in these materials to a particular situation,you should consult a qualified attorney or seek advice from the government entity or agency responsible for administering the law applicable to the particular situation in question. I. Introduction Zoning and According to the U.S. Cen- sus report for the year 2000, Land Use over four million people work from home, a total of 3.3% of Planning the nation's population.' That number can rise between 18.8 PATiuciA E. SALKIN* million to 20.3 million depend- ing on how one defines work- ing from home.' The Small Business Administration re- Zoning for Home ported that in 2000, nearly Occupations: 20,000 entrepreneurs grossed Modernizing Zoning more than $1 million operating Codes to Accommodate from a home-based environ- Growth in Home-Based ment.3 Labeled by some as an Businesses "explosion of homebased busi- Patricia E. Salkin is Associate Dean and Director of the Government Law Center of Albany Law School. She is the author of New York Zoning Law& Practice, 4th ed. (Thomson/West, 1999) and co-editor of the monthly Zoning and Planning Law Report(Thomson/West).The author is grateful to Albany Law School students Andrea Andrei, Melissa Ashline Heil and Glinnessa Gailliard for their research assistance. 'U.S. Census, Available at: http://www.census.gov/population/cen2000/ phc-t35/tab01-l.pdf(last accessed May 1, 2006). This number was derived from the question "How did you usually get to work last week?", with respondents having the option to choose "Worked at home." It therefore excludes people who might hold two jobs or work from home only 2 days a week. See generally, U.S. Census, http://www.census.gov/population/www/ socdemo/workathome.html(last accessed May 1,2006). 2See, Home Based Business Facts, Data & Statistics, Available at: http:// www.nbbta.org/homebiz.htm (site visited April 2006); See generally, U.S. Census http://www.census.gov/population/www/socdemo/workathome.html (last accessed May 1,2006). 181 182 REAL ESTATE LAW JOURNAL [VOL. 35: 181 20061 nesses,"' a number of organi- energy consumption, and air zations are calling upon local pollution.' One strategy advo- ofl'icials to reassess their anti- cated by the American Plan- quated zoning laws to address ning Association to reduce the this trend.' Zoning codes have dependence on fossil fuels is to traditionally been designed to promote land use actions that separate incompatible land allow for home-based occupa- uses, leading to the establish- tions that will translate into a ment of separate zoning dis- reduced number of tricts for businesses and for res- commuters.' On the American idential areas. However, with Planning Association's web- the growth in home-based busi- site, one planner comments: nesses and home occupations, Twenty-five years ago, plan- municipalities must be more ners and zoning regulations creative in balancing the public focused on segregating uses in health, safety, and welfare in different zones. With the ad- residential districts and the vent of computers, decentrali- pressures necessitating the ac- zation of the workplace, work- commodation of appropriate at-home environments, home-based businesses. footloose industry leaving the The policy of zoning for in- country, and the abandonment creased home occupations is of employees to fend for them- touted by environmental and selves for retirement planning energy conservation advocates and health care protection,indi- as a positive step towards re- viduals and families are faced ducing daily commuter traffic, with doing everything from 3Id. 4Christopher L. Hansen, "Special Report: Homebased Zoning" (February 2000). Available at: http://www.entrepreneur.com/Magazines/MA_ SegArticle/0,1539,285818--1-,00.html(site visited April 2006). 5See, e.g., San Joaquin Valley, Air Pollution Control District,Available at: http://www.valleyair.org/sta/staidx.htm(last accessed May 1,2006). 6Amanda Siek, "Smart Cities: A Detailed Look at Land Use Planning Techniques that are Aimed at Promoting Both Energy and Environmental Conservation," 7 Alb.L.Envtl. Outlook J.45 (2002). 7American Planning Association,Policy Guide on Planning for Sustainabil- ity (April 2000). Available at: http://www.planning.org/policyguides/ sustainability.htm(site visited April 2006). ZONING AND LAND USE PLANNING 183 home —multi-tasking and be- Home occupations can provide ing self-reliant.' numerous benefits for both home- based workers and the Town. One of the leading smart Home-based businesses provide useful services and encourage growth and land use advocates business growth by eliminating the observed that since telecom- initial need for some small busi- muting and home offices are nesses to rent commercial space, an important factor to someone becoming a way of life, local who is just starting a new venture. zoning codes should reflect, Working at home also saves com- rather than deny, that reality.' muting and childcare costs and re- duces traffic congestion.Home oc- In a recent law review article, cupations can also provide many Professor Nicolle Stelle Gar- people who might be unable to nett urged local officials to Fork outside the home (including single parents, the elderly and the tackle the home-based business disabled) an opportunity to earn a dilemma." She explained that living. And by creating activity in working from home can help residential neighborhoods that might otherwise be deserted dur- parents better balance work ing the day, home occupations and family, that it can enable help to reduce crime.12 low-income individuals to professor Garnett points out achieve economic self- that many people are already sufficiency, and that it could engaged in home occupations help to alleviate social and en- despite the fact that in many vironmental problems resulting cases these uses are in violation from sprawl." These senti- of zoning codes.13 While she ments are echoed in the Town acknowledges that in some of Lloyd Comprehensive Plan, situations individuals may not which explains: be aware of restrictive zoning $James Finger,American Planning Association,Ask the Author(July 2005). Available at: http://www.planning.org/zoningpractice/askauthor/05/ askauthor07O5.htm(site visited April 2006). 9Stuart Meck,FAICP, "Bringing Smart Growth to Your Community," The Commissioner (Summer 2000). Available at: http://www.planning.org/ thecommissioner/19952003/summer00.htm(site visited April 2006). 10Nicole Stelle Garnett, "On Castles and Commerce: Zoning Law and the Home-Business Dilemma,"42 Wm. &Mary L.Rev. 1191 (1998). "Id. at 1198. 12 Town of Lloyd,Comprehensive Plan,Chapter 8,Economic Development. Available at: http://www.townofiloyd.corn/pdf/CP_DGEIS8.pdf(site visited April 2006). 13 Garnett,supra note 10,at 1228. 184 REAL ESTATE LAW JOURNAL [VOL. 35: 181 20061 laws, she suspects that many character and the health, safety, simply believe that they can and welfare of neighbors in res- avoid detection by zoning au- idential zoning districts. thorities by simply circum- scribing their activities.14 How- II. Defining "Home ever, the prospect of unhappy Occupation" neighbors running to the local The definition of"home oc- zoning enforcement officer to cu ation" is not contained in complain puts home-based state building codes but rather business operators at constant is a roduct of local zoning risk for civil and/or criminal P g sanctions and for the possibil- laws and ordinances." Munici- ity of having to cease opera- palities define home occupa- tions immediately where it is tions in slightly different ways. determined they are in viola-ls For example, in Cochise, Ari- zona, a home occupation is de- Professor of the local zoning law. fined as "an activity carried on Professor Garnett concludes that the "widespread defiance by the occupant of a dwelling of zoning laws itself suggests as a secondary use, including that the rules governing home Personal and professional ser- businesses may be candidates vices . . .„16 "18subject to certain limitations. Similarly, the for reform. City of Albany,New York, de- This column offers readers fines the term as "[a] business, ideas and examples of ways to modernize local zoning laws to profession, occupation or trade balance the growing demand conducted by the occupant of a by residents to engage in legiti- dwelling unit or accessory mate home-based businesses structure and which is inciden- while protecting community tal and secondary to the use of 14 Id. 151d. at 1228-9. 16Id. at 1229. 17 See for example, http://www.dos.state.ny.us/code/faq.htm (site visited April 2006). 18County of Cochise, Arizona, "Home Occupations," Available at http:// www.co.cochise.az.us/P&Z/homeoccupations.htm (site visited April 2006). Such limitations include, inter alia floor area requirements, storage prohibi- tions,sign limitations.Id. ZONING AND LAND USE PLANNING 185 the dwelling unit."19 Other lists roughly 200 potential definitions include "the sec- home occupations that include ondary use of a person's resi- advertising, art instruction, dence for a business activity credit checking, auditing, fash- carried on for profit"20 or "any ion consulting, dating service, gainful occupation engaged in medical billing, travel consult- by an occupant of a dwelling ing, market research services, unit."21 The zoning ordinance tutoring, manicurist, message in the Town of Old Saybrook, therapy, and telephone answer- Connecticut, simply provides ing service.23 Since code en- that a home occupation consists forcement officers and building of an activity conducted for inspectors must strictly enforce gain.22 The zoning code sets zoning, and they do not possess forth a number of standards and the discretion to determine requirements, discussed below, whether one type of home oc- that must be satisfied prior to cupation, not specifically listed the receipt of a permit for a in a zoning ordinance, should home occupation. be permitted. For example, in III. Types of Home one situation, the zoning en- Occupations forcement authority for the City of New Rochelle, New While the number and vari- York, determined that a resi- ety of home occupations has dent could not maintain a increased over the years, it is home-based management con- fair to conclude that local zon- sulting business because it was ing has not kept pace with this not permitted under the zoning expansion. For example, the in effect at the time, which pro- Home Based Business Council vided that the only home oc- 19City of Albany Zoning Ordinance, Chapter 375. Available at: http:// www.e-codes.generalcode.com/codebook frameset.asp?t=ws&cb=0934_A (site visited April 2006). 20City of Torrance Zoning Ordinance. Available at http:// www.ci.torrance.ca.us/1695.htm(site visited April 2006). 2'See, City of Boise Planning and Development Services. Available at: http://www.cityofboise.org/pds(site visited April 2006). 22 Town of Old Saybrook, CT Zoning Ordinance,Article 1 § 303-8(F),Ad- ditional standards. Available at: http://www.e-codes.generalcode.com/ codebook_frameset.asp?t=ws&cb=1816_A(site visited April 2006). 23HBBC List of Home Occupations, available at: http:// www.medusaonline.com/hbbc/home_occupations.htm (site visited April 2006). 186 REAL ESTATE LAW JOURNAL [VOL. 35: 181 20061 cupations allowed were offices sidered a home occupation.27 of architects, artists, and teach- The Town of Alfred, Maine, ers or a "similar professional has identified the following person."" In that case, a num- four types of home occupations ber of neighbors complained in its zoning ordinance: about the use, alleging that it 1.Office in the home–A home oc- resulted in increased traffic and cupation which consists primarily excessive parking.25 As a result, of an office. Also in this category it is best to regulate home oc- are home crafts which have no cupations based not on the type sales on-site, no parking of com- mercial vehicles on-site, and no of business, but rather on other more than three client contacts in factors such as percent of floor the home per week. This does not area dedicated to business use include home occupations which consist of on-site manufacturing, number of employees, number warehousing, sales, parking of of parking spaces, and other commercial vehicles, or client criteria discussed more fully contact in the home.This does not include those home occupations below. which employ any one who is not What constitutes a home oc- related by blood or marriage to the cupation differs from jurisdic- business owner, or who does not tion to jurisdiction, and allow- reside on the premises. able home occupations may 2.Home Crafts–A home occupa- vary depending upon the char- tion which consists of creating or acter of the community. For manufacturing of an item, includ- example, in one Wyoming mu- ing, but not limited to, dressmak- ing, knitting, the manufacture of nicipality, a meat processing crafts, woodworking, drawing, operation was qualified as a painting, and sculpting. This does home occupation.21 Operating not include those home occupa- tions which employ more than one child daycare programs in person who is not related by blood one's home may also be con- or marriage to the business owner, 24 Mary McAleer Vizard, "Home Businesses Run Afoul of Zoning," New York Times, April 26, 1992. Available at: http://query.nytimes.com/gst/ fullpage.html?res=9EOCE2D6163AF935A15757COA964958260 (site visited April 2006). 25Id. 26 See, Yalowizer v. Town of Ranchester, 2001 WL 1012206 (10th Cir. 2001). 27 See, Susan Marie Connor, "Zoning and Matters of Age—Tots, Teens, and Seniors," 19-FEB Prob.&Propr.61 (January/February 2005)(The author notes that for purposes of providing child care,zoning ordinances may view it as an accessory use.) ZONING AND LAND USE PLANNING 187 or who does not reside on the and are dispatched to other lo- premises. No more than three cli- cations; medical or dental clin- ent contacts in the home per week ics; rental businesses; contract- are permitted. ing, excavating, welding or 3. In-Home Sales and Service-A machine shops; commercial home occupation which does not kennels and veterinary clinics; meet the definition of "office in tow truck services; the sale the Home,"or"home crafts,"but lease, trade or other transfer of which does not include those home occupations which employ more firearms or ammunition; sale or than one person who is not related use of hazardous materials in by blood or marriage to the busi- excess of consumer quantities ness owner,or who does not reside on the premises. which are packaged for con- sumption by individual house- 4. Home-Based Business — Any holds for personal care or home occupation which employs household use; and any other more than one person who is not use of residential property related by blood or marriage to the business owner, or who does not deemed to be detrimental or in- reside on the premises.28 consistent with the residential Some municipalities choose to character of the list the types of business uses neighborhood.29 that do not qualify for home oc- N. Methods of cupation status in the Regulating Home jurisdiction. For example, the Occupations ordinance for the City of Deep- haven, Minnesota, provides While zoning ordinances that the following are prohib- may allow as-of-right a limited ited home occupations: service, number of home occupations in repair or painting of any motor- specific districts, this approach ized vehicle, including but not is not likely to most appropri- limited to motor vehicles, trail- ately balance quality of life ers, boats, personal watercraft, considerations for all district recreation vehicles and snow- residents. There may be some mobiles; dispatch centers home occupations where where persons come to a site neighbors would have no idea 28Town of Alfred,Maine Zoning Ordinance,Article 2§ 160-14,Definitions. Available at: http://www.e-codes.generalcode.com/codebook_ frameset.asp?t=ws&cb=1317_A(site visited April 2006). 29See City of Deephaven, Minnesota Zoning Ordinance, § 1306, Home Occupations. Available at: http://www.cityofdeephaven.org/ Home%200ccupations.htm(site visited April 2006). 188 REAL ESTATE LAW JOURNAL [VOL. 35: 181 20061 that business is being con- granted the requested permit, ducted within the residence. uses allowed by special use Other uses may attract cars and permit (sometimes referred to delivery trucks and could in- as special exception) are those volve signage on the otherwise uses that are determined to gen- residential property that could erally be compatible with other be a source of legitimate neigh- uses in the district, but to make borhood concern. Other mu- certain, an additional layer of nicipalities may deal with criteria for review by the ap- home occupations by consider- plicable board is added. Be- ing requests on a case-by-case view discretion in these cases basis through the zoning vari- is limited to the criteria set ance process. The granting of forth in the zoning ordinance. use variances for home occupa- This is one effective way of tions is probably most often not reviewing permit applications a valid application of the use for home occupations. variance, and applicants may In Ames, Iowa, the special not meet statutory and common use permit application lists the law tests for this type of relief. regulations and asks that the It is preferable, where munici- applicant explain in writing palities are inclined to allow how the proposed home oc- home-based business uses to do so either as of right, or bet- cupation use meets those ter yet,through special use per- standards.3 Doing so educates mit review or though perfor- applicants, arguably promoting mance standards,both of which greater compliance. are discussed below. Some municipalities sepa- A. Special Use Permits — rate home occupations by cate- Standards and Requirements gories, whereby one category While some uses are allowed requires special use permit re- view, but another does not. as-of-right, meaning that so not." long as all specified setback, For example,the Town of Prin- height, and bulk limitations are cetown, New York, designates minor and major home met, the applicant will be 30See City of Ames, Iowa, Special Home Occupation: Special Use Permit Application Packet. Available at: http://www.city.ames.ia.us/housingweb/ P&Z%20Applications/Special%20Home%200ccupation.PDF (site visited May 2006). 3'See Outlook: An Overview of Planning Issues in Herkimer and Oneida Counties, October 1998. Available at: http://www.oneidacounty.org/ oneidacty/gov/dept/planning/98HomeOccup.pdf(site visited May 2006). ZONING AND LAND USE PLANNING 189 occupations.32 It appears from 1. Regulating the Size of the list (doctors, artists, law- the Home Occupation yers, plumbers, and instructors Zoning ordinances may pro- of dance, music, or art) that vide for the maximum allow- minor occupations attract small able floor area in a home that amounts of traffic while major may be used for a home occupations attract greater occupation. This is one way to numbers of people at one time. ensure that the residence is "Major" home occupations, used primarily as a dwelling such as repair shops, doctor's and not as a business. For ex- offices that see patients, and ample, the ordinance in the hair salons'33 may be more Borough of Kane, Pennsylva- likely to create a nuisance or nia, provides that a home oc- alter the residential appearance cupation shall not utilize more of the neighborhood. Focusing than 25%of the gross floor area on these differences, the town of the dwelling unit.35 The City established different standards of Papillion's approach is more of review for each category.34 specific, providing that "[f]or B. Performance Standards all residential and agricultural Developing performance zoning districts, a maximum standards as a method of regu- percent floor area of 30%of the lating home occupations is the dwelling may be devoted to the most prudent way to effectively home occupation, inclusive of manage the surge in home- any detached accessory build- based businesses. There are a ings used for the home variety of standards that can be occupation."36 The City of Al- employed to accomplish the bany restricts the size of the use goals of individual to a maximum of 500 square municipalities. feet regardless of the size of the 321d. 331d. 341d. 35 Borough of Kane, Pennsylvania Zoning Ordinance, Article § 250-5, Definitions and word usage. Available at: http://www.e- codes.generalcode.com/codebook_frame set.asp?t=ws&cb=1911_A (site visited April 2006). 36City of Papillion, Maine Zoning Ordinance, Article IV §205-45, Acces- sory uses. Available at: http://www.e-codes.generalcode.com/codebook_ frameset.asp?ep=fs&t=ws&cb=1746_A(site visited April 2006). 190 REAL ESTATE LAW JOURNAL [VOL. 35: 181 20061 dwelling,37 and the Town of One technique to help with traf- Old Saybrook restricts the fic reduction is to restrict the home occupation to one (1) number of on-site employees floor of the dwelling unit and that may work in one home- provides that therein, not more based business. Municipalities than 25% of such floor may be should be careful to determine used for this purpose.38 whether the maximum number 2. Regulating the Number of employees is inclusive of all of Home Occupations Per Dwelling Unit dwelling residents, only non- It is possible that with more resident employees, or some than one working-age person combination thereof. For ex- occupying a dwelling, there ample, the Borough of Kane could be multiple business uses provides that no more than occurring within the building. three non-residents shall be Some municipalities have pro- employed at a home-based actively approached this situa- business.40 The City of Papil- tion by restricting the number lion more specifically ad- of home occupations per dwell- dresses full-time and part-time ing unit. For example, the City employees and requires that of Albany limits the number of parking be provided for these home occupations per dwelling employees. The ordinance pro- unit to one, so long as such use vides, in part that "[t]he home is clearly incidental and sec- occupation shall employ no ondary to the use of the dwell- more than one full-time or part- ing unit for residential time employee on site other purposes. 39 than the residents of the dwell- 3. Restricting the Number ing unit, provided that one off- of Employees On Site street parking space is made Traffic and parking are two available and used by that non- major neighborhood concerns resident employee."" regarding home occupations. 4. Parking 37City of Albany, New York Zoning Ordinance, Chapter 375-106, Home occupations,supra note 19. 38Town of Old Saybrook Zoning Ordinance, Article 1 § 303-8(F), supra note 22. 39City of Albany Zoning Ordinance, Chapter § 375-106, Home occupa- tions,supra note 19. 4013orough of Kane Zoning Ordinance,Article §250-5,supra note 35. 41 City of Papillion Zoning Ordinance,Article IV§205-45,supra note 36. ZONING AND LAND USE PLANNING 191 Zoning ordinances may pro- ing the course of an average vide that for home occupations day when the premises are open to exist, a certain number of for business. For example, no off-street parking spaces must more than five or ten cars may be available for use by either be driven to the home occupa- employees or patrons. The Bor- tion for either employees or for ough of Kane ordinance re- clients. The City of Papillion quires that "a sufficient number provides specific criteria tied to of paved off-street parking trip generation. For example, spaces shall be provided as the ordinance states that home- deemed necessary by the Zon- based businesses may generate ing Hearing Board."42 The no more than the greater of 30 Town of Alfred requires that vehicle trips per day or 5% of there be sufficient off-street the average daily traffic volume parking available within 100 of the adjacent street. Peak feet of the premises for custom- hour traffic generation may not ers' use without creating any exceed 16 vehicle trips, and traffic or safety hazards43 It may deliveries or service by com- be a better idea to be more spe- mercial vehicles or trucks over cific in the ordinance by pro- 10 tons gross empty weight are viding for an actual number of prohibited for any home-based required spaces, although this business located on a local number may vary based upon street.' the type of use. 6. Signs 5. Traffic Generation Signage related to home oc- Another principal concern cupations can be a major issue with home occupations is the in residential districts. Munici- amount of traffic that will be palities may regulate the use of generated in a residential signs for home occupations neighborhood as a direct result without violating the First of the use. Some zoning ordi- Amendment. For example, in nances address the issue of traf- City of Rochester Hills v. fic generation by providing a Schultz,45 the Michigan Su- maximum number of vehicle preme Court upheld a ban on trips that may be generated dur- home occupation signs. Ban- 42 Borough of Kane Zoning Ordinance,Article §250-5,supra note 35. 43 Town of Alfred Zoning Ordinance, Article 2 § 160-115, Home occupa- tions,supra note 28. 44City of Papillion Zoning Ordinance,Article IV§205-45,supra note 36. 45City of Rochester Hills v. Schultz,459 Mich.486,592 N.W.2d 69(1999). 192 REAL ESTATE LAW JOURNAL [VOL. 35: 181 20061 ning signs for home occupa- the zoning ordinance for the tions is not uncommon,as busi- Borough of Kane provides in nesses would typically not part that "[t]here shall be no advertise on the front lawns of exterior display or no sign homes in residential areas. The larger than two feet by three zoning ordinance of the City of feet (unlit), exterior storage of Papillion provides that "[s]ig- materials must be enclosed nage designating the home oc- (covered) and no other exterior cupation shall be prohibited,"46 indication of the home and the City of Hillsboro's or- occupation."49 In addition, lo- dinance states that "[n]o exte- calities may regulate the num- rior signs, or window signs, ber of signs advertising the shall be permitted that identify home occupation on each lot the property as a business zoned for such use. For ex- location."47 The zoning ordi- ample, the zoning ordinance nance of the Village of Olym- for the City of Albany provides pia Fields, Illinois, provides in that residents "shall not dis- part that "[t]here shall be no play or create outside the build- exterior display, no exterior ing any evidence of the home sign except as allowed by the occupation, except that one sign regulations for the district unanimated, nonilluminated in which such home occupation flat or window sign having an is located . . . ."48 area of not more than two Municipalities may choose square feet shall be permitted to regulate signs related to on each street front of the zone home occupations based upon lot on which the building is the size of the sign to ensure situated."50 The Town of Al- that it is scaled appropriately to fred combines these two ap- best fit in with the character of proaches to sign regulation and the community. For example, provides that "[h]ome occupa- 46City of Papillion, Maine Zoning Ordinance, Article IV §205-45, supra note 36. 47City of Hillsboro,Oregon Home Occupation Permits.Available at:http:// www.ci.hillsboro.or.us/Planning Department/HomeOccupationPermits.aspx (site visited April 2006). 48Hawthorne v.Village of Olympia Fields,204111.2d 243,790 N.E.2d 832, 274 Ill. Dec. 59 (2003), citing Olympia Fields Municipal Code §22-3 (Ord. No. 17 as revised May 11, 1981). 4913orough of Kane Zoning Ordinance,Article§250-5,supra note 35. 50City of Albany Zoning Ordinance, Chapter § 375-106, Home occupa- tions,supra note 19. ZONING AND LAND USE PLANNING 193 tion signs relating only to cipal residential building where goods or services available on such changes alter the character premises, which may be sur- and appearance of the face mounted or freestanding dwelling.52 The City of Papil- but may not exceed three lion prohibits any change in the square feet in surface area and exterior appearance of the the top edge six feet in height. building or premises housing Only one home occupation sign the home occupation.53 The is permitted per premises. Any Town of Old Saybrook simply home occupation sign dis- requires that there be no evi- played inside a window is con- dence outside the dwelling, ex- sidered a sign and is counted in cept permitted signs and re- the sign area allowed for home quired off-street parking, that occupations."" the dwelling contains a home 7. Other Requirements occupation.54 While the discussion above Still other zoning regulations focuses on the major issues in- prohibit the outdoor storage of volved with the regulation of equipment or materials used in home-based businesses, mu- the home occupation55 or re- nicipalities may find it desir- strict the number of commer- able to adopt additional re- cial vehicles that may be as- quirements to protect the sociated with a home-based character of the residential business use. For example, the neighborhood. For example, City of Albany zoning ordi- some ordinances limit the type nance provides that not more of alterations that may be made than one commercial vehicle to the residential building that shall be permitted in connec- is housing the home tion with any home occupation occupation. The City of Albany and such vehicle shall be stored prohibits alteration of the prin- 5'Town of Alfred Zoning Ordinance,Article 2 § 160-92, Signs,supra note 28. 52City of Albany Zoning Ordinance, Chapter § 375-106, Home Occupa- tions,supra note 19. 53City of Papillion Zoning Ordinance,Article IV§205-45,supra note 36. 54 Town of Old Saybrook Zoning Ordinance, Article 1 § 303-8(F), supra note 22. 55City of Albany Zoning Ordinance, Chapter § 375-106, Home Occupa- tions,supra note 19. 194 REAL ESTATE LAW JOURNAL [VOL. 35: 181 20061 in an enclosed garage.56 The nance of the Town of Alfred City of Papillion zoning ordi- provides that home occupa- nance prohibits the outdoor tions may not adversely affect storage of materials or equip- any natural resource or envi- ment used in the home occupa- ronmentally sensitive area, tion other than motor vehicles such as a wetland, aquifer, wa- used by the owner to conduct tercourse, water body, etc.80 To the occupation, and it prohibits address quality of life concerns, the parking or storage of heavy the City of Papillion provides commercial vehicles in con- that "[n]o noise, odors, bright nection with the home lights, electronic interference, occupation. The City of Al- storage or other external effects bany also restricts "mechani_ cal, electrical or other equip- attributable to the home oc- ment which produces noise, cupation shall be noticeable electrical or magnetic interfer- from any adjacent property or ence, vibration, heat, glare or public right-of-way. No home other nuisance outside the resi- occupation shall discharge into dential or accessory any sewer, drainageway or the structure.""The Town of Pap- ground any material which is illion limits such equipment radioactive, poisonous, detri- supporting the home occupa- mental to normal sewer plant tion to only self-contained operation or corrosive to sewer equipment within the structure pipes and installations."" The and normally used for office, ordinance in the Town of Old domestic or household Saybrook states that "[t]he purposes.59 home occupation and the con- Quality of life remains an duct thereof shall not impair overarching theme in the regu- the residential character of the lation of home occupations. premises nor impair the reason- For example, the zoning ordi- able use, enjoyment and value 56Id. 57City of Papillion Zoning Ordinance,Article IV§205-45,supra note 36. 58City of Albany Zoning Ordinance, Chapter § 375-106, Home occupa- tions,supra note 19. 59City of Papillion,Zoning Ordinance,Article IV§205-45,supra note 36. 60Town of Alfred Zoning Ordinance, Article 2 § 160-115, Home occupa- tions,supra note 28. 61City of Papillion Zoning Ordinance,Article IV§205-45,supra note 36. ZONING AND LAND USE PLANNING 195 of other residential property in detailed description of the pro- the neighborhood."' posed use, and that each certif- C. Termination of Home icate of zoning compliance al- Occupations lowing the use will Municipalities may provide automatically terminate when for the eventuality of the termi- the applicant no longer resides nation of a permitted home in the dwelling unit.63 occupation. This approach can What follows is an example help to ensure that where a spe- of performance criteria for the cific type of home occupation regulation of home occupations was permitted, should the oc- as contained in the zoning ordi- cupant desire to change the use nance for the City of Deep- to another business,that change haven: would undergo similar review to ensure compatibility with 1. No home occupation shall pro- the neighborhood. In some duce light glare,noise, odor or vi- cases, the municipality may bration that will in any way have desire to ensure that the oc- an objectionable effect upon adja- cupant understand that the al- cent or nearby property. lowed home occupation, once 2. No equipment shall be used in permitted, is unique to the ap- the home occupation, which will plicant only, and that should create electrical interference to the dwelling be sold with or surrounding properties. without the home-based busi- 3. Any home occupation shall be ness, a new owner would need clearly incidental and secondary to to apply for permission to oper- the residential use of the premises, should not change the residential ate the previous or a new home- character thereof, and shall result based business. For example, in no incompatibility or distur- the zoning ordinance of the bance to the surrounding residen- Town of Old Saybrook pro- tial uses. vides that the application for 4. No home occupation shall re- the home occupation permit quire internal or external alter- must be signed by the person or ations or involve construction fea- persons proposing to conduct tures not customarily found in dwellings except where required the home occupation use, that to comply with local and state fire it shall be accompanied by a and police recommendations. 62 Town of Old Saybrook Zoning Ordinance, Article 1 § 303-8(F), supra note 22. 63 Town of Old Saybrook Zoning Ordinance, Article 1 § 303-8(F), supra note 22. 196 REAL ESTATE LAW JOURNAL [VOL. 35: 181 2006] 5. There shall be no exterior stor- 6:00 PM and 7:00 AM unless said age of equipment or materials used occupation is contained entirely in the home occupation, except within the principal building, ex- personal automobiles used in the cluding attached garage space,and home occupation may be parked will not include any on-street park- on the site. ing facilities. 6. All vehicle parking required for 13.No retail sales and delivery of conduct of the home occupation products or merchandise to the shall be off-street. Parking/storage public shall occur on the premises of all commercial or non- except when incidental to the ser- passenger vehicles used in the vices provided. home occupation shall be within a fully enclosed building. 14. Not over twenty-five (25)per- 7.The home occupation shall meet cent of any structure shall be used all applicable fire and building for a home occupation. codes. 15. Product sales associated with 8.No home occupation activity of private social events (i.e., "Tup- a non-residential character shall be perware parties") shall be ex- discernable from any private or empted from this section provided public street. There shall be no they occur no more than four (4) exterior display or exterior signs times per year at any given or interior display or interior signs residence." related to the home occupation, The City of Burlington, Ver- which are visible from outside the mont, requires the following dwelling. criteria to be met for any home 9. No equipment, machinery or occupation: materials other than of a type nor- mally found in or compatible with a. A home occupation shall be a dwelling unit shall be allowed. conducted solely by resident oc- 10. Shipments and delivery of cupants plus no more than one ad- products, merchandise or supplies ditional full-time equivalent em- shall be limited to the hours of ployee in RL and WRL districts 8:00 AM and 6:00 PM and shall and no more than two(2)full-time regularly occur only in single rear equivalent employees in other axle straight trucks or smaller ve- districts. The home occupation hicles used to serve residential shall be conducted entirely within areas. an existing dwelling unit and/or one enclosed accessory structure; 11. All home occupations shall comply with the provisions of the b.No more than thirty-five percent City Nuisance Ordinance. (35%)of the floor area of said res- idence, including accessory struc- 12. No home occupation shall be tures, up to a maximum of seven conducted between the hours of hundred fifty (750) square feet, 64City of Deephaven Zoning Ordinance, § 1306,supra note 29. ZONING AND LAND USE PLANNING 197 whichever is less,shall be used for the use of the dwelling for residen- such purpose; tial purposes and shall not change the character thereof or adversely c. home occupation shall affect the uses permitted in the res- equipment that would change the quire alterations, construction o or r idential district of which it is a fire rating of the structure or the part. fire district in which the structure is located; i.Delivery of products and materi- d. There shall be no outside stor- als related to the home occupation age of any kind related to the home by vehicles other than automobiles occupation; shall occur no more than once per day; e. There shall be no exterior evi- dence of the conduct of a home oc- j.With the exception of one deliv- cupation except for: ery per day, as specified in sub- 1.Occasional garage/lawn/yard paragraph (9), no more than one type sales (up to twice a year not (1)commercial vehicle shall be al- to exceed two(2)days each);and lowed on the premises at any one 2. One non-illuminated at- time; and tached parallel sign that shall not exceed two (2) square feet. No other signs shall be permitted. k. There shall be no sale of goods except for goods fabricated on the f. No home occupation may in- premises as part of an approved crease vehicular traffic flow or home occupation.65 parking by more than one addi- tional vehicle at a time for custom- V. State Legislation ers or deliveries. All parking shall be located off-street and shall maintain the required front yard Initially introduced in 2000, setback per Article 5; a bill in the New Jersey Legis- g. No home occupation shall cre- lature, entitled the "Family ate sounds, noise, dust, vibration, Home Occupation Act", pro- smell, smoke, heat, humidity, poses to classify certain home glare,radiation,electrical interfer- occupations as accessory uses ence, fire hazard or any other haz- ard, nuisance or unsightliness needing no use variances in which is discernible from any ad- residential zones and authorize jacent dwelling unit; municipalities to limit or ex- h. The home occupation shall be clude certain warehousing, clearly incidental and secondary to manufacturing, or retailing ac- 6sCity of Burlington Zoning Ordinance, Article 12, Home Occupations. http://www.ci.burlington.vt.us/planning/zoning/znordinance/article 12.html (site visited April 2006). 198 REAL ESTATE LAW JOURNAL [VOL. 35: 181 20061 tivities from the definition of communications has led to an home occupation.66 explosion of individuals work- The Home Based Business ing out of their homes.And,ac- Council has published a model cording to a national survey, as ordinance based on the New many as 40 million people Jersey law." The model act, work at least part time at home, also posted on HUD's Regula- with about 8,000 home occupa- tory Barriers Clearinghouse as tions of this nature starting a model solution to support af- daily throughout the nation and fordable housing,6' is reprinted an indeterminate number in below. , and Title: Family Home Occu- WHEREAS, Changes in our pation Ordinance69 economy and technological de- velopment have facilitated the SYNOPSIS development of family home "Family Home Occupations;" occupations. According to the classifies certain home- New Jersey Partnership for occupations as permitted ac- Work at Home, over 90% of cessory uses needing no use such businesses do not create variances in all residential the traffic, pollution, noise or zones within the safety problems of other sets forth guidelines to limit or industries. A new approach to exclude certain warehousing, zoning is needed to encourage manufacturing or retailing families, build communities, activities. and safeguard neighborhoods, Explanatory Statement: while retaining the residential WHEREAS, Corporate re- character of neighborhoods, structuring and the rise of tele- and 66A. 1193 (NJ 2000). Available at: http://www.njleg.state.nj.us/2000/Bills/ a1500/1193-il.htm(site visited April 2006).This bill has not yet been enacted, although it has been reintroduced. 67 See, The Home Based Business Council, Inc., Home Based Business Zoning. Available at: http://www.medusaonline.com/hbbc/zoning.htm (site visited April 2006). 68 See, Regulatory Barriers Clearing House. Available at: http:// www.huduser.org/rbc/search/rbcdetails.asp?Docld=1274 (site visited April 2006). 69The Home Based Business Council, Inc., The HBBC Recommended Model Ordinance Available at: http://www.medusaonline.com/hbbc/ ordinance.htm(site visited April 2006). ZONING AND LAND USE PLANNING 199 WHEREAS, it is impossible establishes guidelines for to measure the numbers of fam- to follow in the treat- ilies within the community that ment of family home occupa- are working at home unobtru- tions, in order to carefully bal- sively and virtually undetect- ance the interests of family able, providing secondary or home occupations with the primary income with no detri- needs of the residential areas in mental impact upon the resi- which they operate. dential character of the neigh- For the purposes of this ordi- borhood, and nance WHEREAS, the presence of these undetectable home oc- "Family home occupation" cupations has a positive impact means any activity operated for upon the family, pecuniary gain in, or directed • providing a parent or adult from, a residential dwelling or guardian at home, unit by one or more family • safeguarding the commu- members residing within that nity by having neighbors dwelling or unit. at home during the day- I. A family home occupation time when empty houses are potential targets for shall be an accessory use, not criminal activities, requiring a use variance pro- • providing an untapped vided that: pool of volunteers when needed a. the activity is compatible with • reducing commutation and the residential use of the property preserving air quality, and and surrounding residential uses; b. the activity employs no more WHEREAS,the purpose and than employees other than intent of planning is to enhance family members residing in the the quality of life for all citi- dwelling or unit; zees, and c.the volume of invitees or guests WHEREAS,as long as home who visit the residential dwelling occupations do not create a dis- or unit is not in excess of per turbance to their neighbors the day or what is otherwise custom- ary for residential use in the neigh- land use planning powers of borhood; municipal government do not extend Into the home but Con- d. there is no outside appearance of a family home occupation in- trol impacts of land use upon cluding, but not limited to, park- neighbors and the surrounding ing, signs or lights; or as is set Community, forth in ordinance; NOW, THEREFORE BE IT e.the volume of deliveries or truck RESOLVED, This ordinance and other vehicular traffic is not in 200 REAL ESTATE LAW JOURNAL [VOL. 35: 181 2006] excess of per day or,what is limitations for, or prohibit en- normally associated with residen- tirely, any family home occu- tial use in the neighborhood; pations, including but not lim- f. the activity uses no equipment ited to those involving or processes that create noise, vi- manufacturing, warehousing, bration, glare, fumes, odors or retailing or providing services, electrical or electronic interfer- ence, including interference with which it deems would be in- radio or television reception, de- compatible with the residential tectable by any neighbors; zones in which they are g. the activity does not generate located. The types of activities any solid waste or sewage dis- or services prohibited or lim- charge, in volume or type, which ited shall be set forth in detail is not normally associated with in the ordinance. residential use in the neighbor- hood;and V. The provisions of this ordi- h.the activity does not involve any nance shall not be construed as illegal activity. limiting in any manner the II. In the case of a dwelling unit powers of to protect which is part of a common in- the health, safety and welfare terest ownership community, of its residents, including the which is a community in which investigation and elimination at least some of the rop e rtY is of nuisances. P owned in common by all of the V1. Conclusion residents, the provisions of this section shall not be deemed to Municipalities are increas- supersede any deed restriction, ingly becoming aware of the covenant, agreement, master demands to legitimize home deed, by-laws or other docu- occupation uses in previously ments which prohibit a family residential-only zoning home occupation within a districts. Flexible zoning tech- dwelling unit. niques, including special use III. Any standards established permits and performance stan- dards as methods of regulating pursuant to this section shall home-based business uses offer apply to all residences within opportunities for creativity in the district. the design of regulations that IV. At any time, and for due will respond to the unique Be- cause, based upon the needs of mands of the character of the the community, ----, community in various residen- may establish by ordinance tial zoning districts. U.S. Department of Justice Civil Rights Division A Guide To Federal Religious Land Use Protections The Religious Land Use and Institutionalized Persons Act (RLUIPA) protects religious institutions from unduly burdensome or discriminatory land use regulations. The law was passed unanimously by Congress in 2000, after hearings in which Congress found that houses of worship, particularly those of minority religions and start-up churches, were disproportionately affected, and in fact often were actively discriminated against,by local land use decisions. Congress also found that, as a whole, religious institutions were treated worse than comparable secular institutions. Congress further found that zoning authorities frequently were placing excessive burdens on the ability of congregations to exercise their faiths in violation of the Constitution. In response, Congress enacted RLUIPA. This new law provides a number of important protections for the religious freedom of persons, houses of worship, and religious schools. The full text of RLUIPA is available at http://www.usdoj.gov/crt/housing/housin,-a rluipa.htm. Below is a summary of the law's key provisions, with illustrations of the types of cases that may violate the law. • RLUIPA prevents infringement of religious exercise. Land use regulations frequently can impede the ability of churches or other religious institutions to carry out their mission of serving the religious needs of their members. Section 2(a) of RLUIPA thus bars zoning restrictions that impose a"substantial burden" on the religious exercise of a person or institution,unless the government can show that it has a"compelling interest" for imposing the restriction and that the restriction is the least restrictive way for the government to further that interest. Minor costs or inconveniences imposed on religious institutions are insufficient to trigger RLUIPA's protections. The burden must be "substantial." And, likewise, once the institution has shown a substantial burden on its religious exercise, the government must show not merely that it has a rational reason for imposing the restriction, but must show that the reason is "compelling." A church applies for a variance to build a modest addition to its building for Sunday school classes. Despite the church demonstrating that the addition is critical to carrying out its religious mission, that there is adequate space on the lot, and that there would be a negligible impact on traffic and congestion in the area, the city denies the variance. A Jewish congregation that has been meeting in various rented spaces that have proven inadequate for the religious needs of its growing membership purchases land and seeks to build a synagogue. The town council denies the permit, and the only reason given is "we have enough houses of worship in this town already, and want more businesses. " Because the religious organizations in these cases have demonstrated a substantial burden on their religious exercise, and the justification offered by the city in both cases is not compelling, these cases likely would be violations of RLUIPA, assuming certain jurisdictional requirements of the statute are met. • Religious institutions must be treated as well as comparable secular institutions. Section 2(b)(1) of RLUIPA provides that religious assemblies and institutions must be treated at least as well as nonreligious assemblies and institutions. This is known as the "equal terms" provision of RLUIPA. A mosque leases space in a storefront, but zoning officials deny an occupancy permit since houses of worship are forbidden in that zone. However,fraternal organizations, meeting halls, and place of assembly are all permitted as of right in the same zone. Because the statute on its face favors nonreligious places of assembly over religious assemblies, this example would be a violation of 2(b)(1). • RLUIPA bars discrimination among religions. Section 2(b)(2) of RLUIPA bars discrimination "against any assembly or institution on the basis of religion or religious denomination." A Hindu congregation is denied a building permit despite meeting all of the requirements for height, setback, and parking required by the zoning code. The zoning administrator is overheard making a disparaging remark about Hindus. If it were proven that the permit was denied because the applicants were Hindu, this would constitute a violation of 2(b)(2). • Zoning ordinances may not totally exclude religious assemblies. Section 2(b)(3)(A) of RLUIPA provides: "No government shall impose or implement a land use regulation that totally excludes religious assemblies from a jurisdiction." A town, seeking to preserve tax revenues, enacts a law that no new churches or other houses of worship will be permitted. Such total exclusions of religious assemblies are explicitly forbidden by section 2(b)(3)(A). • RLUIPA forbids laws that unreasonably limit houses of worship. Section 2(b)(3)(B) of RLUIPA provides: "No government shall impose or implement a land use regulation that unreasonably limits religious assemblies, institutions, or structures within a jurisdiction." A city has no zones that permit houses of worship. The only way a church may be built is by having an individual parcel rezoned, a process which in that city takes several years and is extremely expensive. This zoning scheme, if proven to be an unreasonable limitation on houses of worship,would constitute a violation of section 2(b)(3)(B). Enforcement of RLUIPA Rights Religious institutions and individuals whose rights under RLUIPA are violated may bring a private civil action for injunctive relief and damages. The Department of Justice also can investigate alleged RLUIPA violations and bring a lawsuit to enforce the statute. The Department can obtain injunctive, but not monetary, relief. If you believe that your rights under RLUIPA may have been violated and you wish to file a complaint or find out more information about the law, you may write to: Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Ave., N.W. Washington, D.C. 20530 or call the Housing and Civil Enforcement Section at(800) 896-7743. Further information about RLUIPA is available at the Section website at htip://www.usdoj.gov/crt/housing/index.html. Information about the Civil Rights Division's religious liberties initiative, the First Freedom Project, is available at www.FirstFreedom.gov. You also may call the Special Counsel for Religious Discrimination at(202) 353-8622. Q:\COMP\FNS\EFAP EMERGENCY FOOD ASSISTANCE ACT OF 1983 [As Amended Through P.L. 107-249, October 23, 20021 TABLE OF CONTENTS U.S.C. Act Sec. Page 7 U.S.C. 7501 note 201. Short title .................................................. 4-2 7501 201A. Definitions ................................................ 4-2 7502 202. Availability of CCC commodities ............. 4-4 7503 202A. State plan ................................................. 4-5 7504 203A. Initial processing costs ............................ 4-5 7505 203B. Federal and State responsibilities .......... 4-6 7506 203C. Assurances; anticipated use .................... 4-7 7507 203D. State and local supplementation of com- 4-7 modities. 7508 204. Authorization and appropriations ........... 4-8 7509 205. Relationship to other programs ............... 4-10 7510 206. Commodities not income .......................... 4-10 7511 208. Prohibition against certain State 4-10 charges. 7512 210. Regulations ............................................... 4-11 7513 211. Finality of determinations ....................... 4-11 7514 213. Incorporation of additional commodities 4-12 7515 214. Required purchases of commodities ........ 4-12 7516 215. Settlement and adjustment of claims ..... 4-14 Bracketed material and footnotes did not appear in Acts. 4-1 October 23,2002 Q:\COMP\FNS\EFAP Sec. 201 EFAP 4-2 Public Law 98-8 AN ACT Making appropriations to provide productive employment for hun- dreds of thousands of jobless Americans, to hasten or initiate Federal projects and construction of lasting value to the Na- tion and its citizens, and to provide humanitarian assistance to the indigent for fiscal year 1983, and for other purposes EMERGENCY JOBS APPROPRIATION ACT, FY 1983201-1 TITLE II-EMERGENCY FOOD ASSISTANCE ACT OF 1983 201-2 SEC. 201. [7 U.S.C. 7501 note] This title may be cited as the "Emergency Food Assistance Act of 1983",201-3 and is hereinafter in this title referred to as "this Act".201-4 SEC. 201A.201A-1 [7 U.S.C. 75011 DEFINITIONS. In this Act: (1) ADDITIONAL COMMODITIES.-The term "additional com- modities" means commodities made available under section 214 in addition to the commodities made available under sections 202 and 203D. (2) AVERAGE MONTHLY NUMBER OF UNEMPLOYED PERSONS.-The term "average monthly number of unemployed persons" means the average monthly number of unemployed persons in each State during the most recent fiscal year for which information concerning the number of unemployed per- sons is available, as determined by the Bureau of Labor Statis- tics of the Department of Labor. (3) ELIGIBLE RECIPIENT AGENCY.-The term "eligible recipi- ent agency" means a public or nonprofit organization that- (A) administers- (i) an emergency feeding organization; 201-1 P.L. 98-8, 97 Stat. 13, March 24, 1983. Section 17 of the Commodity Distribution Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note; Public Law 100-237) permits surplus commodities acquired by the Commodity Credit Corporation and commodities acquired under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), to be used for any program authorized to be carried out by the Secretary that involves the acquisition of commodities for use in a domestic feeding program,including a program authorized by this Act. Section 50)(2)(C) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93-86) permits the use of approved food safety technology in acquiring commodities for distribution under this Act. Section 742(b)(2)(C) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1615(b)(2)(C)) provides that nothing in the Act prohibits or requires a State to provide to an individual who is not a citizen or a qualified alien benefits under programs established under this Act. 201-2 Sec. 1772(a)(1) of the Food, Agriculture, Conservation, and Trade Act of 1990, P.L. 101-624, 104 Stat. 3808, Nov. 28, 1990, amended the title heading in its entirety, effec- tively striking"TEMPORARY". 201-3 Sec. 1772(a)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990, P.L. 101-624, 104 Stat. 3808, Nov. 28, 1990, amended this sec. by striking "Temporary" from the short title. 201-1 Sec. 2(1) of P.L. 98-62, 97 Stat. 608, Sept. 2, 1983, amended this sec. by striking out"the Act" and inserting in lieu thereof"this Act". 201A-1 Sec. 871(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, 110 Stat. 2343, Aug. 22, 1996, amended sec. 201A in its en- tirety. Sec. 201A was originally added by sec. 2(2) of P.L. 98-62, 97 Stat. 608, Sept. 2, 1983, and amended by sec. 1563 of the Food Security Act of 1985, P.L. 99-198, 99 Stat. 1590, Dec. 23, 1985. October 23,2002 Q:\COMP\FNS\EFAP 4-3 EFAP Sec. 201A (ii) a charitable institution (including a hospital and a retirement home, but excluding a penal institu- tion) to the extent that the institution serves needy persons; (iii) a summer camp for children, or a child nutri- tion program providing food service; (iv) a nutrition project operating under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), includ- ing a project that operates a congregate nutrition site and a project that provides home-delivered meals; or (v) a disaster relief program; (B) has been designated by the appropriate State agen- cy, or by the Secretary; and (C) has been approved by the Secretary for participa- tion in the program established under this Act. (4) EMERGENCY FEEDING ORGANIZATION.—The term "emer- gency feeding organization" means a public or nonprofit organi- zation that administers activities and projects (including the activities and projects of a charitable institution, a food bank, a food pantry, a hunger relief center, a soup kitchen, or a simi- lar public or private nonprofit eligible recipient agency) pro- viding nutrition assistance to relieve situations of emergency and distress through the provision of food to needy persons, in- cluding low-income and unemployed persons. (5) FOOD BANK.—The term "food bank" means a public or charitable institution that maintains an established operation involving the provision of food or edible commodities, or the products of food or edible commodities, to food pantries, soup kitchens, hunger relief centers, or other food or feeding centers that, as an integral part of their normal activities, provide meals or food to feed needy persons on a regular basis. (6) FOOD PANTRY.—The term "food pantry" means a public or private nonprofit organization that distributes food to low-in- come and unemployed households, including food from sources other than the Department of Agriculture, to relieve situations of emergency and distress. (7) POVERTY LINE.—The term "poverty line" has the mean- ing provided in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). (8) SOUP KITCHEN.—The term "soup kitchen" means a pub- lic or charitable institution that, as an integral part of the nor- mal activities of the institution, maintains an established feed- ing operation to provide food to needy homeless persons on a regular basis. (9) TOTAL VALUE OF ADDITIONAL COMMODITIES.—The term "total value of additional commodities" means the actual cost of all additional commodities that are paid by the Secretary (in- cluding the distribution and processing costs incurred by the Secretary). (10) VALUE OF ADDITIONAL COMMODITIES ALLOCATED TO EACH STATE.—The term "value of additional commodities allo- cated to each State" means the actual cost of additional com- modities allocated to each State that are paid by the Secretary (including the distribution and processing costs incurred by the Secretary). October 23,2002 Q:\COMP\FNS\EFAP Sec. 202 EFAP 4-4 AVAILABILITY OF CCC COMMODITIES SEC. 202. [7 U.S.C. 75021 (a)202-1 Notwithstanding any other provision of law, in order to complement the domestic nutrition pro- grams, make maximum use of the Nation's agricultural abundance, and expand and improve the domestic distribution of price-sup- ported commodities, commodities acquired by the Commodity Credit Corporation that the Secretary of Agriculture (hereinafter referred to as the "Secretary") determines, in his discretion, are in excess of quantities needed to- (1) carry out other domestic donation programs, (2) meet other domestic obligations (including quantities needed to carry out a payment-in-kind acreage diversion pro- gram), (3) meet international market development and food aid commitments, and (4) carry out the farm price and income stabilization pur- poses of the Agricultural Adjustment Act of 1938, the Agricul- tural Act of 1949, and the Commodity Credit Corporation Char- ter Act, shall be made available by the Secretary, without charge or credit for such commodities, for use by eligible recipient agencies for food assistance. [(b)202-2 (c)202-3 In addition to any commodities described in subsection (a), in carrying out this Act, the Secretary may use agricultural commodities and the products thereof made available under clause (2) of the second sentence of section 32 of the Act entitled "An Act to amend the Agricultural Adjustment Act, and for other purposes", approved August 24, 1935 (7 U.S.C. 612c). (d)202-4 Commodities made available under this Act shall in- clude a variety of commodities and products thereof that are most useful to eligible recipient agencies, including 202-s but not limited to, dairy products, wheat or the products thereof, rice, honey and cornmeal. (e)202-6 Effective April 1, 1986, the Secretary shall submit semi- annually to the Committee on Agriculture of the House of Rep- resentatives and the Committee on Agriculture, Nutrition, and For- estry of the Senate a report on the types and amounts of commod- ities made available for distribution under this Act. (f)202-7 Notwithstanding any other provision of law, the pro- grams authorized by sections 153 and 1163 of the Food Security Act of 1985 (15 U.S.C. 713a-14 and 7 U.S.C. 1731 note) shall not be op- erated in a manner that will, in any way, reduce the quantities of 202-1 Sec. 2(3) of P.L. 98-92, 97 Stat. 609, Sept. 2, 1983, amended subsec. (a) in its en- tirety. 202-2 Sec. 1565 of the Food Security Act of 1985, P.L. 99-198, 99 Stat. 1591, Dec. 23, 1985, amended this sec. by striking out"a"and by striking out subsec. (b). 202-3 Subsea (c) was added by sec. 1564(a) of the Food Security Act of 1985, P.L. 99- 198, 99 Stat. 1591, Dec. 23, 1985. 202-4 Subsea (d) was added by sec. 1564(a) of the Food Security Act of 1985, P.L. 99- 198, 99 Stat. 1591, Dec. 23, 1985. 202-s Sec. 811(a) of the Stewart B. McKinney Homeless Assistance Act, P.L. 100-77, 101 Stat. 536, July 22, 1987, added after "include" the phrase beginning with "a variety" to "agencies,including". 202-6 Subsec. (e) was added by sec. 1564(a) of the Food Security Act of 1985, P.L. 99- 198, 99 Stat. 1591, Dec. 23, 1985. 202-7 Subsec. (f) was added by sec. 101 of the Hunger Prevention Act of 1988, P.L. 100- 435, 102 Stat. 1647, Sept. 19, 1988. October 23,2002 Q:\COMP\FNS\EFAP 4-5 EFAP Sec. 203A dairy products that traditionally are made available to carry out this Act or any other domestic feeding program. (g)202-8(j) Whenever commodities acquired by the Commodity Credit Corporation are made available for donation to domestic food programs in quantities that exceed Federal obligations, the Sec- retary shall give equal consideration to making donations of such commodities to emergency feeding organizations participating in the program authorized by this Act as is given to other commodity recipient agencies, taking into account the types and amounts of commodities available and appropriate for distribution to these or- ganizations. (2) In determining the commodities that will be made available to emergency feeding organizations under this Act, the Secretary may distribute commodities that become available on a seasonal or irregular basis. SEC. 202A.202A-1 [7 U.S.C. 75031 STATE PLAN. (a) IN GENERAL.—To receive commodities under this Act, a State shall submit a plan of operation and administration every 4 years to the Secretary for approval. The plan may be amended at any time, with the approval of the Secretary. (b) REQUIREMENTS.—Each plan shall— (1) designate the State agency responsible for distributing the commodities received under this Act; (2) set forth a plan of operation and administration to expe- ditiously distribute commodities under this Act; (3) set forth the standards of eligibility for recipient agen- cies; and (4) set forth the standards of eligibility for individual or household recipients of commodities, which shall require— (A) individuals or households to be comprised of needy persons; and (B) individual or household members to be residing in the geographic location served by the distributing agency at the time of applying for assistance. (c) STATE ADVISORY BOARD.—The Secretary shall encourage each State receiving commodities under this Act to establish a State advisory board consisting of representatives of all entities in the State, both public and private, interested in the distribution of com- modities received under this Act. [PROCESSING AGREEMENTS] [SEC. 203.203-1] INITIAL PROCESSING COSTS SEC. 203A.203A-1 [7 U.S.C. 75041 The Secretary may use funds of the Commodity Credit Corporation to pay costs of initial proc- essing and packaging of commodities to be distributed under the program established under this Act into forms, and in quantities, 202-R Subsea (g) was added by sec. 1772(b) of the Food, Agriculture, Conservation, and Trade Act of 1990, P.L. 101-624, 104 Stat. 3808,Nov. 28, 1990. 202n-1 Sec. 871(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, 110 Stat. 2344, Aug. 22, 1996, amended sec. 202A in its en- tirety. Sec. 202A was originally added by sec. 812 of the Stewart B. McKinney Homeless Assistance Act, P.L. 100-77, 101 Stat. 537,July 22, 1987. 203-1 Sec. 203 was repealed by sec. 1567(c) of the Food Security Act of 1985, P.L. 99- 198, 99 Stat. 1592, Dec. 23, 1985. 203A-I Sec. 203A was added by sec. 2(5)of P.L. 98-92, 97 Stat. 609, Sept. 2, 1983. October 23,2002 Q:\COMP\FNS\EFAP Sec. 203B EFAP 4-6 suitable, as determined by the Secretary, for use in individual households when such commodities are to be consumed by indi- vidual households or for institutional use, as applicable. The Sec- retary may pay such costs in the form of Corporation-owned com- modities equal in value to such Costs.203A-2 The Secretary shall en- sure that any such payments in kind will not displace commercial sales of such commodities. FEDERAL AND STATE RESPONSIBILITIES SEC. 203B.203B-1 U U.S.C. 75051 (a) The Secretary shall, as ex- peditiously as possible, provide the commodities made available under this Act in such quantities as can be used without waste to State agencies designated by the Governor or other appropriate State official for distribution to eligible recipient agencies, except that the Secretary may provide such commodities directly to eligible recipient agencies and to private companies that process such com- modities for eligible recipient agencies under section 203A.203B-2 Notwithstanding any other provision of this Act, in the distribution of commodities under this Act, each State agency shall have the op- tion to give priority to existing food bank networks and other orga- nizations whose ongoing primary function is to facilitate the dis- tribution of food to low-income households, including food from sources other than the Department of Agriculture.203B-3 (b) State agencies receiving commodities under this Act shall, as expeditiously as possible, distribute such commodities, in the quantities requested (to the extent practicable), to eligible recipient agencies within their respective States. However, if a State agency cannot meet all requests for a particular commodity under this Act, the State agency shall give priority in the distribution of such com- modity to eligible recipient agencies providing nutrition assistance to relieve situations of emergency and distress through the provi- sion of food to needy persons, including low-income and unemployed persons. Each State agency shall encourage distribution of such commodities in rural areas.20313-4 (c) Each State agency receiving commodities for individual household use under this Act shall distribute such commodities to eligible recipient agencies in the State that serve needy persons, and shall, with the approval of the Secretary, determine those per- sons in the State that shall qualify as needy persons eligible for such commodities. (d)203B-5 Each State agency receiving commodities under this title may— (1) enter into cooperative agreements with State agencies of other States for joint provision of such commodities to an emergency feeding organization that serves needy persons in a 203A 2 Sec. 1565(b) of the Food Security Act of 1985, P.L. 99-198, 99 Stat. 1591, Dec. 23, 1985, struck ", except that wheat from the Food Security Wheat Reserve may not be used to pay such costs"in the second sentence. 203B-1 Sec. 203B was added by sec. 2(5) of P.L. 98-92, 97 Stat. 609, Sept. 2, 1983. 203B Sec. 871(e)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, 110 Stat. 2345, Aug. 22, 1996, amended this sentence by strik- ing"203 and 203A of this Act" and inserting"203A'. 20313-3 This sentence was added by sec. 105(c) of the Hunger Prevention Act of 1988, P.L. 100-435, 102 Stat. 1651, Sept. 19, 1988. 203B-4This sentence was added by sec. 1568(a) of the Food Security Act of 1985, P.L. 99- 198, 99 Stat. 1592, Dec. 23, 1985. 203B-5 Subsec. (d) was added by sec. 1568(b) of the Food Security Act of 1985, P.L. 99- 198, 99 Stat. 1592, Dec. 23, 1985. October 23,2002 Q:\COMP\FNS\EFAP 4-1 EFAP Sec. 203D single geographical area part of which is situated in each of such States; or (2) transfer such commodities to any such emergency feed- ing organization in the other State under such agreement. ASSURANCES; ANTICIPATED USE SEC. 203C.203C-1 U U.S.C. 75061 (a) The Secretary shall take precautions as the Secretary deems necessary to assure that any el- igible recipient agency receiving commodities under this Act will provide such commodities to persons served by the eligible recipient agency and will not diminish its normal expenditures for food by reason of the receipt of such commodities. The Secretary shall also take such precautions as the Secretary deems necessary to assure that commodities made available under this Act will not displace commercial sales of such commodities or the products thereof. The Secretary shall not make commodities available for donation in any quantity or manner that the Secretary, in the Secretary's discre- tion, determines may, substitute for the same or any other agricul- tural produce that would otherwise be purchased in the mar- ket.203c-2 (b) Commodities provided under this Act shall be distributed only in quantities that can be consumed without waste. No eligible recipient agency may receive commodities under this Act in excess of anticipated use, based on inventory records and controls, or in excess of its ability to accept and store such commodities. SEC. 203D.203D-1 [7 U.S.C. 75071 STATE AND LOCAL SUPPLEMEN. TATION OF COMMODITIES. (a) AUTHORIZATION.—The Secretary shall establish procedures under which State and local agencies, charitable institutions, or any other person may supplement the commodities distributed under the program authorized by this Act for use by emergency feeding organizations with nutritious and wholesome commodities that such entities or persons donate to State agencies and emergency feeding organizations for distribution, in all or part of the State, in addition to the commodities otherwise made available under this Act. (b) USE OF FUNDS AND FACILITIES.—States and emergency feed- ing organizations may use the funds appropriated under this Act and equipment, structures, vehicles, and all other facilities involved in the storage, handling, or distribution of commodities made avail- able under this Act, and the personnel, both paid or volunteer, in- volved in such storage, handling, or distribution, to store, handle or distribute commodities donated for the use of emergency feeding or- ganizations under subsection (a). (c) VOLUNTEER WORKERS.—State and emergency feeding orga- nizations shall continue, to the maximum extent practical, to use volunteer workers and commodities and other foodstuffs donated by charitable and other organizations in the operation of the program authorized by this section. 203c-1 Sec. 203C was added by sec. 2(5) of P.L. 98-92, 97 Stat. 609, Sept. 2, 1983. 203c-2A sentence (relating to an annual report on displacements and substitutions) was added by sec. 1566 of the Food Security Act of 1985, P.L. 99-198, 99 Stat. 1591, Dec. 23, 1985, and struck by sec. 1011(k) of the Federal Reports Elimination and Sunset Act of 1995, P.L. 104-66, 109 Stat. 710, Dec. 21, 1995. 2031-1 Sec. 203D was added by sec. 102 of the Hunger Prevention Act of 1988, P.L. 100- 435, 102 Stat. 1647, Sept. 19, 1988. October 23,2002 Q:\COMP\FNS\EFAP Sec. 204 EFAP 4-8 AUTHORIZATION AND APPROPRIATIONS SEC. 204.204-1 [7 U.S.C. 75081 (a)204-2(1) There are authorized to be appropriated $60,000,000204-3 for each of the fiscal years 2003 through 2007,204-4 for the Secretary to make available to the States to pay for the direct and indirect 204-5 costs of the States related to the processing, storage,204-6 transporting, and distributing to eligi- ble recipient agencies of commodities provided by the Secretary under this Act and commodities secured from other sources, includ- ing commodities secured by gleaning (as defined in section 111(a) of the Hunger Prevention Act of 1988 (7 U.S.C. 612c note; Public Law 100-435)).204-7 Funds appropriated under this paragraph for any fiscal year shall be allocated to the States on an advance basis, dividing such funds among the States in the same proportions as the commodities distributed under this Act 204-8 for such fiscal year are divided among the States. If a State agency is unable to use all of the funds so allocated to it, the Secretary shall reallocate such unused funds among the other States.204-9 (2) Each State shall make available to emergency feeding orga- nizations in the State not less than 40 204-10 per centum of the funds provided as authorized in paragraph (1) that it has been allocated for a fiscal year, as necessary to pay for, or provide advance pay- ments to cover, the direct expenses of the emergency feeding orga- nizations for distributing commodities to needy persons, but only to 204-1 Sec. 1772(c) of the Food, Agriculture, Conservation, and Trade Act of 1990, P.L. 101-624, 104 Stat. 3808, Nov. 28, 1990, amended this sec. by striking former subsecs. (a) and (b) and redesignating former subsecs. (c) and (d) as subsecs. (a) and (b), respectively. 204-2 Former subsea (c) was added by sec. 1569(a)(2) of the Food Security Act of 1985, P.L. 99-198, 99 Stat. 1592, Dec. 23, 1985. Sec. 1772(c)(2) of the Food, Agriculture, Con- servation, and Trade Act of 1990, P.L. 101-624, 104 Stat. 3808, Nov. 28, 1990, redesig- nated former subsea (c) as subsec. (a). 204-3 Sec. 4204(1) of the Farm Security and Rural Investment Act of 2002, P.L. 107-171, 116 Stat. 330, May 13, 2002, amended this sentence by striking "$50,000,000" and insert- ing"$60,000,000". 204-4 This date was extended to "1988"by sec. 813 of the Stewart B. McKinney Homeless Assistance Act, P.L. 100-77, 101 Stat. 537, July 22, 1987; to "1990" by sec. 103(a) of the Hunger Prevention Act of 1988, P.L. 100-435, 102 Stat. 1647, Sept. 19, 1988; to "1995" by sec. 1772(c)(3) of the Food, Agriculture, Conservation, and Trade Act of 1990, P.L. 101- 624, 104 Stat. 3809, Nov. 28, 1990; to "2002"by sec. 403(a) of the Federal Agriculture Im- provement and Reform Act of 1996, P.L. 104-127, 110 Stat. 1029, April 4, 1996; and to "2007" by sec. 4204(2) of the Farm Security and Rural Investment Act of 2002, P.L. 107- 171, 116 Stat. 330, May 13, 2002. 204-5 Sec. 4204(3) of the Farm Security and Rural Investment Act of 2002, P.L. 107-171, 116 Stat. 330, May 13, 2002, amended this sentence by striking"administrative". 204-6 Sec. 4204(4) of the Farm Security and Rural Investment Act of 2002, P.L. 107-171, 116 Stat. 330, May 13, 2002, amended this sentence by inserting "storage," after "proc- essing". 204-7 Sec. 871(c)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, 110 Stat. 2345, Aug. 22, 1996, amended para. (1) by striking "for State and local payments for costs associated with the distribution of commodities by emergency feeding organizations under this title" and inserting "to pay for the direct and indirect administrative costs of the States related to the processing, transporting, and dis- tributing to eligible recipient agencies of commodities provided by the Secretary under this Act and commodities secured from other sources". Sec. 4204(5) of the Farm Security and Rural Investment Act of 2002, P.L. 107-171, 116 Stat. 330, May 13, 2002, amended this sentence by inserting ", including commodities se- cured by gleaning (as defined in section 111(a) of the Hunger Prevention Act of 1988 (7 U.S.C. 612c note;Public Law 100-435))" after"sources". 20¢8 Sec. 871(e)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, 110 Stat. 2345, Aug. 22, 1996, amended subsec. (a) by striking "title"each place it appears and inserting"Act". 204-9 Sec. 871(c)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, 110 Stat. 2345, Aug. 22, 1996, struck the former fourth sen- tence. The sentence was originally added by sec. 105(a) of the Hunger Prevention Act of 1988, P.L. 100-435, 102 Stat. 1650, Sept. 19, 1988. 204-10 Sec. 103(b) of the Hunger Prevention Act of 1988, P.L. 100-435, 102 Stat. 1647, Sept. 19, 1988, amended this para. by striking out"20" and inserting"40". October 23,2002 Q:\COMP\FNS\EFAP 4-9 EFAP Sec. 204 the extent such expenses are actually so incurred by such organiza- tions. As used in this paragraph, the term "direct expenses" in- cludes costs of transporting, storing, handling, repackaging, proc- essing,204-11 and distributing commodities incurred after they are received by the organization; costs associated with determinations of eligibility, verification, and documentation; costs of providing in- formation to persons receiving commodities under this Act con- cerning the appropriate storage and preparation of such commod- ities;204-12 and costs of recordkeeping, auditing, and other adminis- trative procedures required for participation in the program under this Act.204-13 If a State makes a payment, using State funds, to cover direct expenses of emergency feeding organizations, the amount of such payment shall be counted toward the amount a State must make available for direct expenses of emergency feeding organizations under this paragraph. (3) States to which funds are allocated for a fiscal year under this subsection shall submit financial reports to the Secretary, on a regular basis, as to the use of such funds. No such funds may be used by States or emergency feeding organizations for costs other than those involved in covering the expenses related to the distribu- tion of commodities by emergency feeding organizations. (4)(A) Except as provided in subparagraph (B), effective Janu- ary 1, 1987, to be eligible to receive funds under this subsection, a State shall provide in cash or in kind (according to procedures ap- proved by the Secretary for certifying these in-kind contributions) from non-Federal sources a contribution equal to the difference between— W the amount of such funds so received; and (ii) any part of the amount allocated to the State and paid by the State— (I) to emergency feeding organizations; or (II) for the direct expenses of such organizations; for use in carrying out this Act.204-14 (B)(i) Except as provided in clause (ii), subparagraph (A) shall apply to States beginning on January 1, 1987. (ii) If the legislature of a State does not convene in regular ses- sion before January 1, 1987, paragraph (1) shall apply to such State beginning on October 1, 1987. (C) Funds allocated to a State under this section may, upon State request, be allocated before States satisfy the matching re- quirement specified in subparagraph (A), based on the estimated contribution required. The Secretary shall periodically reconcile es- timated and actual contributions and adjust allocations to the State to correct for overpayments and underpayments. (5) States may not charge for commodities made available to emergency feeding organizations, and may not pass on to such orga- nizations the cost of any matching requirements, under this Act. 204-11 Sec. 1772(d) of the Food, Agriculture, Conservation, and Trade Act of 1990, P.L. 101-624, 104 Stat. 3809, Nov. 28, 1990, amended this para. by inserting after "handling," the following: "repackaging, processing,". 204-12 Sec. 103(c) of the Hunger Prevention Act of 1988, P.L. 100-435, 102 Stat. 1648, Sept. 19, 1988, amended this para. by inserting after "documentation;" the following: "costs of providing information to persons receiving commodities under this Act concerning the appropriate storage and preparation of such commodities". 204-13 See note 204-8. 204-14 See note 204-8. October 23,2002 Q:\COMP\FNS\EFAP Sec. 205 EFAP 4-10 (b)204-15 The value of the commodities made available under this Act and the funds of the Corporation used to pay the costs of initial processing, packaging (including forms suitable for home use), and delivering commodities to the States shall not be charged against appropriations made or authorized under this section.204-16 RELATIONSHIP TO OTHER PROGRAMS 205-1 SEC. 205. [7 U.S.C. 75091 (a)205-2 Section 4(b) of the Food Stamp Act of 1977 shall not apply with respect to the distribution of commodities under this Act. (b)205-3 Except as otherwise provided in section 203A of this Act, none of the commodities distributed under this Act shall be sold or otherwise disposed of in commercial channels in any form. COMMODITIES NOT INCOME SEC. 206. [7 U.S.C. 75101 Notwithstanding any other provision of law, commodities distributed under this Act shall not be consid- ered income or resources for any purposes under any Federal, State, or local law. PENALTIES SEC. 207. Section 4(c) of the Agriculture and Consumer Protec- tion Act of 1973 is amended by- (1) striking out "or section 709" and inserting in lieu there- of"section 709"; and (2) inserting after "(7 U.S.C. 1446a-1)" the phrase "or the Emergency Food Assistance Act of 1983". PROHIBITION AGAINST CERTAIN STATE CHARGES SEC. 208. [7 U.S.C. 75111 Whenever a commodity is made available without charge or credit under any nutrition program ad- ministered by the Secretary for distribution within the States to eli- gible recipient agencies, the State may not charge recipient agen- cies any amount that is in excess of the State's direct costs of stor- ing and transporting the commodities to recipient agencies minus any amount the Secretary provides the State for the costs of storing and transporting such commodities. [COMMODITY SUPPLEMENTAL FOOD PROGRAM ADMINISTRATIVE EXPENSES] [SEC. 209.209-1] 204-15 Sec. 2(6)(A) of P.L. 98-92, 97 Stat. 610, Sept. 2, 1983, designated the last sentence of sec. 204 as former subsec. (c). Sec. 1569(x)(1) of the Food Security Act of 1985, P.L. 99- 198, 99 Stat. 1592, Dec. 23, 1985, redesignated former subsec. (c) as subsec. (d). Sec. 1772(c)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990, P.L. 101-624, 104 Stat. 3808,Nov. 28, 1990, redesignated former subsec. (d) as subsec. (b). 204-16 Sec. 2(6)(C) of P.L. 98-92, 97 Stat. 611, Sept. 2, 1983, amended the last sentence of former subsec. (c) by striking out "this appropriaiton" and inserting in lieu thereof"ap- propriations made or authorized under this section". 205-1 Sec. 2(7)(A) of P.L. 98-92, 97 Stat. 611, Sept. 2, 1983, amended the sec. heading of sec. 205 in its entirety. 205-2 Sec. 2(7) of P.L. 98-92, 97 Stat. 611, Sept. 2, 1983, amended sec. 205 by inserting "(a)" after the sec. designation and adding subsec. (b). 205-3 See footnote 205-2. 209-1 Sec. 209 was repealed by sec. 1562(e)(1) of the Food Security Act of 1985, P.L. 99- 198, 99 Stat. 1590, Dec. 23, 1985. October 23,2002 Q:\COMP\FNS\EFAP 4-11 EFAP Sec. 211 REGULATIONS SEC. 210. [7 U.S.C. 75121 (a)210-1 The Secretary shall issue regulations within 30 days to implement this Act. (b)210-2 In administering this Act, the Secretary shall minimize, to the maximum extent practicable, the regulatory, recordkeeping, and paperwork requirements imposed on eligible recipient agencies. (c)210-3(j) The Secretary shall as early as feasible but not later than the beginning of each fiscal year, publish in the Federal Reg- ister an estimate of the types and quantities of commodities that the Secretary anticipates are likely to be made available under the commodity distribution program under this Act during the fiscal year. (2) The actual types and quantities of commodities made avail- able by the Secretary under this Act may differ from the estimates made under paragraph (1). (d)210-4 The regulations issued by the Secretary under this sec- tion shall include provisions that set standards with respect to li- ability for commodity losses under the program under this title in situations in which there is no evidence of negligence or fraud, and conditions for payment to cover such losses. Such provisions shall take into consideration the special needs and circumstances of emergency feeding organizations. (e)210-5 The Secretary is authorized to issue final regulations without first issuing proposed regulations 210-6 for public comment in order to carry out the provisions of sections 213 and 214. If final regulations are issued without such prior public comment the Sec- retary shall permit public comment on such regulations, consider pertinent comments, and make modifications of such regulations as appropriate not later than 1 year after the date of enactment of this subsection. Such final and modified regulations shall be accom- panied by a statement of the basis and purpose for such regula- tions. FINALITY OF DETERMINATIONS SEC. 211.211-1 [7 U.S.C. 75131 Determinations made by the Secretary of Agriculture under this Act and the facts constituting the basis for any donation of commodities under this Act, or the amount thereof, when officially determined in conformity with the applicable regulations prescribed by the Secretary, shall be final and conclusive and shall not be reviewable by any other officer or agency of the Government. 210-1 Sec. 2(9) of P.L. 98-92, 97 Stat. 611, Sept. 2, 1983, amended sec. 210 by inserting "(a)" after the sec. designation and adding subsecs. (b) and(c). 210-2 See footnote 210-1. 210-3 Sec. 1772(e) of the Food, Agriculture, Conservation, and Trade Act of 1990, P.L. 101-624, 104 Stat. 3809, Nov. 28, 1990, amended subsec. (c) in its entirety. Subsec. (c) was originally added by Sec. 2(9) of P.L. 98-92, 97 Stat. 611, Sept. 2, 1983, and amended by sec. 1570(1) of the Food Security Act of 1985, P.L. 99-198, 99 Stat. 1594, Dec. 23, 1985; sec. 814(b) of the Stewart B. McKinney Homeless Assistance Act, P.L. 100-77, 101 Stat. 538, July 22, 1987; and sec. 103(d) of the Hunger Prevention Act of 1988, P.L. 100-435, 102 Stat. 1648, Sept. 19, 1988. 210-4 Subsec. (d) was added by sec. 1570(2) of the Food Security Act of 1985, P.L. 99- 198, 99 Stat. 1594, Dec. 23, 1985. 210-5 Subsec. (e) was added by sec. 105(b) of the Hunger Prevention Act of 1988, P.L. 100-435, 102 Stat. 1651, Sept. 19, 1988. 210-6 Sec. 871(e)(3) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, 110 Stat. 2345, Aug. 22, 1996, amended this sentence by strik- ing"(except as otherwise provided for in section 2140))". 211-1 Sec. 211 was added by sec. 2(10) of P.L. 98-92, 97 Stat. 612, Sept. 2, 1983. October 23,2002 Q:\COMP\FNS\EFAP Sec. 211 EFAP 4-12 [PROGRAM TERMINATION] [SEC. 212.212-1] SEC. 213.213-1 [7 U.S.C. 75141 INCORPORATION OF ADDITIONAL COM- MODITIES. (a) IN GENERAL.-The Secretary shall administer the program authorized under this Act in a manner that incorporates into the program additional commodities purchased by the Secretary under section 214 to be distributed to States for use in such States by emergency feeding organizations, as defined in section 201A(1). Such additional commodities, to the extent practicable and appro- priate, shall include commodities purchased within a given State for distribution within such State. (b) SUPPLEMENT COMMODITIES AVAILABLE.-The Secretary shall supplement the commodities made available to emergency feeding organizations under sections 202 and 203D(a) with nutritious and useful commodities purchased by the Secretary under section 214. SEC. 214.214-1 [7 U.S.C. 75151 REQUIRED PURCHASES OF COMMOD- ITIES. (a) MANDATORY ALLOTMENTS.-In each fiscal year, the Sec- retary shall allot- (1) 60 percent of the total value of additional commodities provided to States in a manner such that the value of addi- tional commodities allocated to each State bears the same ratio to 60 percent of the total value of additional commodities as the number of persons in households within the State having in- comes below the poverty line bears to the total number of per- sons in households within all States having incomes below such 212-1 Sec. 212 was struck by sec. 871(e)(4) of the Personal Responsibility and Work Op- portunity Reconciliation Act of 1996, P.L. 104-193, 110 Stat. 2345,Aug. 22, 1996. Sec. 212 was originally added by sec. 2(10) of P.L. 98-92, 97 Stat. 612, Sept. 2, 1983, and amended by sec. 1564(b) of the Food Security Act of 1985, P.L. 99-198, 99 Stat. 1591, Dec. 23, 1985; sec. 814(a) of the Stewart B. McKinney Homeless Assistance Act, P.L. 100-77, 101 Stat. 537, July 22, 1987; sec. 103(e) of the Hunger Prevention Act of 1988, P.L. 100-435, 102 Stat. 1648, Sept. 19, 1988; sec. 1772(f) of the Food, Agriculture, Conservation, and Trade Act of 1990, P.L. 101-624, 104 Stat. 3809, Nov. 28, 1990; and sec. 403(b) of the Federal Agriculture Improvement and Reform Act of 1996, P.L. 104-127, 110 Stat. 1029, April 4, 1996. 213-1 Sec. 213 was added by sec. 104 of the Hunger Prevention Act of 1988, P.L. 100- 435, 102 Stat. 1648, Sept. 19, 1988. 214-1 Sec. 214 was added by sec. 104 of the Hunger Prevention Act of 1988, P.L. 100- 435, 102 Stat. 1648, Sept. 19, 1988. Sec. 1772(h)(1) of the Food, Agriculture, Conservation, and Trade Act of 1990, P.L. 101-624, 104 Stat. 3808, Nov. 28, 1990, struck subsec. (k) (relating to an authorization of appropriations). Effective October 1, 1996, sec. 871(d)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104- 193, 110 Stat. 2345, Aug. 22, 1996, amended sec. 214 by striking subsecs. (a) through (e) and 0) and by redesignating subsecs. (f) through (i) as subsecs. (a) through (d), respec- tively. Previously, sec. 214 was amended by sec. 1772(8) of the Food, Agriculture, Con- servation, and Trade Act of 1990, P.L. 101-624, 104 Stat. 3809, Nov. 28, 1990, and sec. 403(c) of the Federal Agriculture Improvement and Reform Act of 1996, P.L. 104-127, 110 Stat. 1029,April 4, 1996. Section 515 of the Farm Credit Banks and Associations Safety and Soundness Act of 1992, P.L. 102-552, Oct. 28, 1992, requires the Secretary of Agriculture to use an amount equal to the estimated present value of the future receipts available to the Federal Gov- ernment as a result of enactment of such Act for the purpose of purchasing, processing and distributing additional commodities for the emergency food assistance program estab- lished under this Act. Section 27(a) of the Food Stamp Act of 1977 (7 U.S.C. 2036(a)) requires the Secretary, from amounts made available to carry out the Act, for each of fiscal years 1997 through 2002, to purchase $100,000,000 of a variety of nutritious and useful commodities of the types that the Secretary has the authority to acquire through the Commodity Credit Cor- poration or under section 32 of the Act entitled `An Act to amend the Agricultural Adjust- ment Act, and for other purposes', approved August 24, 1935 (7 U.S.C. 612c), and dis- tribute the commodities to States for distribution in accordance with this section. October 23,2002 Q:\COMP\FNS\EFAP 4-13 EFAP Sec. 214 poverty line, and each State shall be entitled to receive such value of additional commodities; and (2) 40 percent of the total value of additional commodities provided to States in a manner such that the value of addi- tional commodities allocated to each State bears the same ratio to 40 percent of the total value of additional commodities as the average monthly number of unemployed persons within the State bears to the average monthly number of unemployed per- sons within all States during the same fiscal year, and each State shall be entitled to receive such value of additional com- modities. (b) REALLOCATION.—The Secretary shall notify each State of the amount of the additional commodities that such State is allot- ted to receive under subsection (a),214-2 and each State shall promptly notify the Secretary if such State determines that it will not accept any or all of the commodities made available under such allocation. On such a notification by a State, the Secretary shall re- allocate and distribute the amount the State was allocated to re- ceive under the formula prescribed in subsection (a)214-3 but de- clines to accept. The Secretary shall further establish procedures to permit States to decline to receive portions of such allocation during each fiscal year as the State determines is appropriate and the Sec- retary shall reallocate and distribute such allocation. In the event of any drought, flood, hurricane, or other natural disaster affecting substantial numbers of persons in a State, county, or parish, the Secretary may request that States unaffected by such a disaster consider assisting affected States by allowing the Secretary to re- allocate commodities to which each such unaffected State is entitled to States containing areas adversely affected by the disaster. (C)214-4 ADMINISTRATION.— (1) IN GENERAL.—Commodities made available for each fis- cal year under this section shall be delivered at reasonable in- tervals to States based on the grants calculated under sub- section (a), or reallocated under subsection (b), before December 31 of the following fiscal year. (2) ENTITLEMENT.—Each State shall be entitled to receive the value of additional commodities determined under sub- section (a). (d) MAINTENANCE OF EFFORT.—If a State uses its own funds to provide commodities or services to organizations receiving funds or services under this section, such State shall not diminish the level of support it provides to such organizations.214-5 214--2 Effective Oct. 1, 1996, sec. 871(d)(3)(A) of the Personal Responsibility and Work Op- portunity Reconciliation Act of 1996, P.L. 104-193, 110 Stat. 2345, Aug. 22, 1996, amend- ed this sentence by striking "subsection (f) or subsection 0) if applicable," and inserting "subsection(a),". 214-3 Effective Oct. 1, 1996, sec. 871(d)(3)(B) of the Personal Responsibility and Work Op- portunity Reconciliation Act of 1996, P.L. 104-193, 110 Stat. 2345, Aug. 22, 1996, amend- ed this sentence by striking by striking"subsection(f)" and inserting"subsection(a)". 21"Effective Oct. 1, 1996, sec. 871(d)(4) of the Personal Responsibility and Work Oppor- tunity Reconciliation Act of 1996, P.L. 104-193, 110 Stat. 2345, Aug. 22, 1996, amended this subsec. in its entirety. 214-5 Effective Oct. 1, 1996, sec. 871(d)(5) of the Personal Responsibility and Work Oppor- tunity Reconciliation Act of 1996, P.L. 104-193, 110 Stat. 2345, Aug. 22, 1996, amended this subsec. by striking "or reduce the amount of funds available for other nutrition pro- grams in the State in each fiscal year". October 23,2002 Q:\COMP\FNS\EFAP Sec. 215 EFAP 4-14 SEC. 215.215-1 [7 U.S.C. 75161 SETTLEMENT AND ADJUSTMENT OF CLAIMS. (a) IN GENERAL.—The Secretary or a designee of the Secretary shall have the authority to— (1) determine the amount of, settle, and adjust any claim arising under this Act; and (2) waive such a claim if the Secretary determines that to do so will serve the purposes of this Act. (b) LITIGATION.—Nothing contained in this section shall be con- strued to diminish the authority of the Attorney General of the United States under section 516 of title 28, United States Code, to conduct litigation on behalf of the United States. 215-1 Sec. 215 was added by sec. 922(b) of the Food, Agriculture, Conservation, and Trade Act Amendments of 1991, P.L. 102-237, 105 Stat. 1888, Dec. 13, 1991. October 23,2002 Public Act 096-1434 HB6094 Enrolled LRB096 20767 AJT 36516 b AN ACT concerning transportation. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 5 . The Illinois Vehicle Code is amended by changing Sections 1-148 . 3m, 11-1426 . 1, and 11-1426 . 2 as follows : (625 ILLS 5/1-148 . 3m) Sec. 1-148 . 3m. Neighborhood vehicle . A self-propelled, electric-powered, four-wheeled motor vehicle (or a self-propelled, gasoline-powered, four-wheeled motor vehicle with an engine displacement under 1, 200 cubic centimeters) that is capable of attaining in one mile a speed of more than 20 miles per hour, but not more than 25 miles per hour, and which does not conform ear to federal regulations under Title 49 C.F.R. Part 571 . 500 . (Source: P.A. 96-279, eff. 1-1-10 . ) (625 ILLS 5/11-1426 . 1) Sec. 11-1426 . 1 . Operation of non-highway vehicles on streets, roads, and highways . (a) As used in this Section, "non-highway vehicle" means a motor vehicle not specifically designed to be used on a public highway, including: (1) an all-terrain vehicle, as defined by Section Public Act 096-1434 HB6094 Enrolled LRB096 20767 AJT 36516 b 1-101 . 8 of this Code; (2) a golf cart, as defined by Section 1-123 . 9; (3) a neighborhood vehicle, as defined by Section 1-148 . 3m; (4) an off-highway motorcycle, as defined by Section 1-153 . 1; and - (5) a recreational off-highway vehicle, as defined by Section 1-168 . 8 . (b) Except as otherwise provided in this Section, it is unlawful for any person to drive or operate a non-highway vehicle upon any street, highway, or roadway in this State. If the operation of a non-highway vehicle is authorized under subsection (d) , the non-highway vehicle may be operated only on streets where the posted speed limit is 35 miles per hour or less . This subsection (b) does not prohibit a non-highway vehicle from crossing a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour. (b-5) A person may not operate a non-highway vehicle upon any street, highway, or roadway in this State unless he or she has a valid 39 driver ' s license issued in his or her name by the Secretary of State or by a foreign jurisdiction. (c) Except as otherwise provided in subsection (c-5) , no person operating a non-highway vehicle shall make a direct crossing upon or across any highway under the jurisdiction of the State, tollroad, interstate highway, or controlled access Public Act 096-1434 HB6094 Enrolled LRB096 20767 AJT 36516 b highway in this State. (c-5) A person may make a direct crossing at an intersection controlled by a traffic light or 4-way stop sign upon or across a highway under the jurisdiction of the State if the speed limit on the highway is 35 miles per hour or less at the place of crossing. (d) A municipality, township, county, or other unit of local government may authorize, by ordinance or resolution, the operation of non-highway vehicles on roadways under its jurisdiction if the unit of local government determines that the public safety will not be jeopardized. The Department may authorize the operation of non-highway vehicles on the roadways under its jurisdiction if the Department determines that the public safety will not be jeopardized. The unit of local government or the Department may restrict the types of non-highway vehicles that are authorized to be used on its streets . Before permitting the operation of non-highway vehicles on its roadways, a municipality, township, county, other unit of local government, or the Department must consider the volume, speed, and character of traffic on the roadway and determine whether non-highway vehicles may safely travel on or cross the roadway. Upon determining that non-highway vehicles may safely operate on a roadway and the adoption of an ordinance or resolution by a municipality, township, county, or other unit of local government, or authorization by the Department, Public Act 096-1434 HB6094 Enrolled LRB096 20767 AJT 36516 b appropriate signs shall be posted. If a roadway is under the jurisdiction of more than one unit of government, non-highway vehicles may not be operated on the roadway unless each unit of government agrees and takes action as provided in this subsection. (e) No non-highway vehicle may be operated on a roadway unless, at a minimum, it has the following: brakes, a steering apparatus, tires, a rearview mirror, red reflectorized warning devices in the front and rear, a slow moving emblem (as required of other vehicles in Section 12-709 of this Code) on the rear of the non-highway vehicle, a headlight that emits a white light visible from a distance of 500 feet to the front, a tail lamp that emits a red light visible from at least 100 feet from the rear, brake lights, and turn signals . When operated on a roadway, a non-highway vehicle shall have its headlight and tail lamps lighted as required by Section 12-201 of this Code . (f) A person who drives or is in actual physical control of a non-highway vehicle on a roadway while under the influence is subject to Sections 11-500 through 11-502 of this Code. (g) Any person who operates a non-highway vehicle on a street, highway, or roadway shall be subject to the mandatory insurance requirements under Article VI of Chapter 7 of this Code . (h) It shall not be unlawful for any person to drive or operate a non-highway vehicle, as defined in paragraphs (1) and (5) of subsection (a) of this Section, on a county roadway or Public Act 096-1434 HB6094 Enrolled LRB096 20767 AJT 36516 b township roadway for the purpose of conducting farming operations to and from the home, farm, farm buildings, and any adjacent or nearby farm land. Non-highway vehicles, as used in this subsection (h) , shall not be subject to subsections (e) and (q) of this Section. However, if the non-highway vehicle, as used in this Section, is not covered under a motor vehicle insurance policy pursuant to subsection (g) of this Section, the vehicle must be covered under a farm, home, or non-highway vehicle insurance policy issued with coverage amounts no less than the minimum amounts set for bodily injury or death and for destruction of property under Section 7-203 of this Code. Non-highway vehicles operated on a county or township roadway at any time between one-half hour before sunset and one-half hour after sunrise must be equipped with head lamps and tail lamps, and the head lamps and tail lamps must be lighted. Non-highway vehicles, as used in this subsection (h) , shall not make a direct crossing upon or across any tollroad, interstate highway, or controlled access highway in this State. Non-highway vehicles, as used in this subsection (h) , shall be allowed to cross a State highway, municipal street, county highway, or road district highway if the operator of the non-highway vehicle makes a direct crossing provided: (1) the crossing is made at an angle of approximately 90 degrees to the direction of the street, road or highway and at a place where no obstruction prevents a quick and Public Act 096-1434 HB6094 Enrolled LRB096 20767 AJT 36516 b safe crossing; (2) the non-highway vehicle is brought to a complete stop before attempting a crossing; (3) the operator of the non-highway vehicle yields the right of way to all pedestrian and vehicular traffic which constitutes a hazard; and (4) that when crossing a divided highway, the crossing is made only at an intersection of the highway with another public street, road, or highway. (i) No action taken by a unit of local government under this Section designates the operation of a non-highway vehicle as an intended or permitted use of property with respect to Section 3-102 of the Local Governmental and Governmental Employees Tort Immunity Act . (Source: P.A. 95-150, 8-14-07; 95-414, eff. 8-24-07; 95-575, eff. 8-31-07; 95-876, eff. 8-21-08; 96-279, eff. 1-1-10 . ) (625 ILCS 5/11-1426 .2) Sec . 11-1426 .2 . Operation of low-speed vehicles on streets . (a) Except as otherwise provided in this Section, it is lawful for any person to drive or operate a low-speed vehicle upon any street in this State where the posted speed limit is 30 miles per hour or less . (b) Low-speed vehicles may cross a street at an intersection where the street being crossed has a posted speed Public Act 096-1434 HB6094 Enrolled LRB096 20767 AJT 36516 b limit of not more than 45 miles per hour. Low-speed vehicles may not cross a street with a speed limit in excess of 45 miles per hour unless the crossing is at an intersection controlled by a traffic light or 4-way stop sign. (c) The Department of Transportation or a municipality, township, county, or other unit of local government may prohibit, by regulation, ordinance, or resolution, the operation of low-speed vehicles on streets under its jurisdiction where the posted speed limit is 30 miles per hour or less if the Department of Transportation or unit of local government determines that the public safety would be jeopardized. (d) B€e L-e en a t-I.t e n eleaLt-ffien—e f T i=ansIge rt-a-rear-eL= dn4:t- e fps tfeve-r�faenrt�rtist een-4:EieL- 4�he v e m;,,e, 9 o o.-t r, a n 4 e lctaiaet-el= ef curie-fee—t e epeL-a te—e n t 4.,t- g a_wa t4 elm e epai-44:Ee r saflet��_ Upon determining that low-speed vehicles may not safely l operate on a street, and upon the adoption of an ordinance or resolution by a unit of local government, or regulation by the Department of Transportation, the operation of low-speed vehicles may be prohibited. The unit of local government or the Department of Transportation may prohibit the operation of low-speed vehicles on any and all streets under its jurisdiction. Appropriates signs shall be posted in conformance with the State Manual on Uniform Traffic Control Public Act 096-1434 HB6094 Enrolled LRB096 20767 AJT 36516 b Devices adopted pursuant to Section 11-301 of this Code . (e) If a street is under the jurisdiction of more than one unit of local government, or under the jurisdiction of the Department of Transportation and one or more units of local government, low-speed vehicles may be operated on the street unless each unit of local government and the Department of Transportation agree and take action to prohibit such operation as provided in this Section. (f) No low-speed vehicle may be operated on any street unless, at a minimum, it has the following: brakes, a steering apparatus, tires, a rearview mirror, red reflectorized warning devices in the front and rear, a headlight that emits a white light visible from a distance of 500 feet to the front, a tail lamp that emits a red light visible from at least 100 feet from the rear, brake lights, and turn signals . When operated on a street, a low-speed vehicle shall have its headlight and tail lamps lighted as required by Section 12-201 of this Code . The low-speed vehicle shall also have signs or decals permanently and conspicuously affixed to the rear of the vehicle and the dashboard of the vehicle stating "This Vehicle May Not Be Operated on Streets With Speed Limits in Excess of 30 m.p.h. " The lettering of the sign or decal on the rear of the vehicle shall be not less than 2 inches in height. The lettering on the sign or decal on the dashboard shall be not less than one-half inch in height. (g) A person may not operate a low-speed vehicle upon any Public Act 096-1434 HB6094 Enrolled LRB096 20767 AJT 36516 b street in this State unless he or she has a valid driver' s license issued in his or her name by the Secretary of State or a foreign jurisdiction. (h) The operation of a low-speed vehicle upon any street is subject to the provisions of Chapter 11 of this Code concerning the Rules of the Road, and applicable local ordinances . (i) Every owner of a low-speed vehicle is subject to the mandatory insurance requirements specified in Article VI of Chapter 7 of this Code. (j ) Any person engaged in the retail sale of low-speed vehicles are required to comply with the motor vehicle dealer licensing, registration, and bonding laws of this State, as specified in Sections 5-101 and 5-102 of this Code. (k) No action taken by a unit of local government under this Section designates the operation of a low-speed vehicle as an intended or permitted use of property with respect to Section 3-102 of the Local Governmental and Governmental Employees Tort Immunity Act. (Source: P.A. 96-653, eff. 1-1-10 . ) Section 99 . Effective date. This Act takes effect upon becoming law. Memorandum u EST. 1836 To: Zoning Commission q� GI 0 From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: October 22, 2010 Subject: Zoning Commission Meeting Schedule for 2011 The Clerk's Office is in the process of publishing the City's master meeting list for 2011. Listed below is a tentative schedule for the Zoning Commission meetings for 2011. The proposed schedule has the ZC meeting the 4th Wednesday of each month at 7:00 p.m. Please discuss this schedule at the November 17th Zoning Commission meeting and decide if you have any changes to the dates or meeting time. Zoning Commission ! t Wednesda — 7:00 prn January 26 July 27 February 23 August 24 March 23 September 28 April 27 October 26 May 25 November 23 June 22 December 28