HomeMy WebLinkAboutORDINANCE - 2138 - 12/11/1990 - ZONING CODE AMENDEDORDINANCE IJO. 2138
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
VILLAGE OF ELK GROVE VILLAGE
WHEREAS, the Illinois Community Residence Location Planning Act (the
"Act") (Public Act 86-638), Il1.Rev.Stat., Ch. 91 1/2, para. 921, et seq.,
required that all home rule municipalities submit on or before July 1, 1990
to the Illinois Planning Council on Developmental Disabilities a plan that
demonstrated that adequate provisions were being made to provide for sites
for community residences serving persons with disabilities in areas zoned
primarily for single and multiple family residential use and to comply with
the Federal Fair Housing Amendments Act of 1988; and
WHEREAS, the President and Board of Trustees finds that the spacing
requirements contained herein for community residences will foster the
integration of such residences into the residential nature of single and
multiple family residential neighborhoods; and
WHEREAS, the Village of Elk Grove Village is fully committed to
ensuring that persons with disabilities are able to live in appropriate
community residences which operate to promote their safety residing within
all residentially zoned areas of this community; and
WHEREAS, the Village of Elk Grove Village wishes to promote the state
and local public policy of deinstitutionalization of persons with
disabilities which benefits both the individual and the community as a
whole, because it enhances the individual lives of all disabled persons and
improves society through the integration of persons with disabilities into
the mainstream of their community; and
WHEREAS, the President and Village Board finds that the dispersal of
community residences and institutions will directly encourage and
facilitate the implementation of the residential setting intent of the
state statute; and
WHEREAS, the President and Village Board finds that it is necessary to
protect the health, safety and welfare of the residents of these community
residences by requiring compliance with all applicable state statutes,
regulations and licensing requirements as well as all building, fire and
safety ordinances and regulations of this Village; and
WHEREAS, the President and Village Board finds that community
residences containing 9 or more persons with disabilities pose sufficient
different and unique problems relating to the health and safety of the
residents as well as the specter of "institutionalization" to require that
such community residences apply for and receive a special use permit prior
to occupancy; and
WHEREAS, an application for a text amendment of the Village's Zoning
Ordinance has been duly filed and a public hearing has been held after
notice by publication having been given in strict compliance with the
requirements of the Village's Zoning Ordinance and of Paragraph 11-13-14 of
Chapter 24 of the Illinois Revised Statutes, as amended; and
WHEREAS, the Village's Plan Commission has recommended by majority
vote of its duly appointed and serving members that this President and
Village Board enact this proposed amendment to the text of its Zoning
Ordinance; and
WHEREAS, the President and Village Board finds that this proposed text
amendment is in the best interests of this community and will promote the
health, safety, and welfare of the residents of this community; and
WHEREAS, the above and foregoing Recitals are intended and shall be
construed to be the findings of fact in support of this ordinance.
NOW, THEREFORE, be it ordained by the President and Village Board of
the Village of Elk Grove Village, Cook and DuPage Counties, Illinois that
the following sections of its Zoning Ordinance be amended as follows:
Section 1: That Article 9, Section 9.12 be amended by
adding/substituting the following definitions:
Community Residence: A single dwelling unit occupied
on a relatively permanent basis in a family -like environment by a
group of unrelated persons with disabilities, served by paid
professional support staff provided by a sponsoring agency, either
living with the residents on a 24-hour basis, or present whenever
residents with disabilities are present at the dwelling; and
complies with the zoning regulations for the district in which the
site is located. Community residence does not include a residence
which serves persons as an alternative to incarceration for a criminal
offense, or persons whose primary reason for placement is substance or
alcohol abuse or for treatment of a communicable disease.
Family Community Residence: A single dwelling unit occupied
on a relatively permanent basis in a family -like environment by a
group of no more than eight unrelated persons with disabilities,
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served by paid professional support staff provided by a sponsoring
agency, either living with the residents on a 24-hour basis, or
present whenever residents with disabilities are present at the
dwelling; and complies with the zoning regulations for the district in
which the site is located.
Group Community Residence: A single dwelling unit occupied
on a relatively permanent basis in a family -like environment by a
group of nine to fifteen unrelated persons with disabilities, served
by paid professional support staff provided by a sponsoring agency,
either living with the residents on a 24-hour basis, or present
whenever residents with disabilities are present at the dwelling; and
complies with the zoning regulations for the district in which the
site is located.
Family: Either: (a) Two or more persons, each related to the
other by blood, marriage, or adoption, together with usual
domestic servants and not more than one bona fide guest, all
living together as a single housekeeping unit and using common
kitchen facilities (that is, a related family); or (b) three or
fewer persons, all of whom are not necessarily related to each of
the others by blood, marriage, or adoption, all living together as
a single housekeeping unit and using common kitchen facilities
(that is, an unrelated family). For purposes of this Zoning
Ordinance, however, an unrelated family shall not include persons
living together in a Community Residence or Nursing Home.
Nursing Home: A licensed public or private home or institute
which provides maintenance, personal care, and nursing for three or
more persons who by reason of physical illness or infirmity are
incapable of maintaining a private, independent residence.
Person with a Disability: Any individual whose disability:
(1) is attributable to mental, intellectual or physical impair-
ments or a combination of mental, intellectual or physical impair-
ments; and
(2) is likely to continue for a significant amount of time or
indefinitely: and
(3) results in functional limitations in 3 or more of the
following areas of major life activities:
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(A) self care;
(B) receptive or expressive language;
(C) learning;
(D) mobility;
(E) self direction;
(F) capacity for independent living;
(G) economic self-sufficiency; and
(4) reflects the person's need for a combination and sequence of
special interdisciplinary or generic care, treatment or other services
which are of a life-long or extended duration.
Rooming House: A building in which sleeping quarters (but not
meals or cooking facilities) are provided by prearrangement for
compensation on a weekly or longer basis for three or more persons who
are not members of the keeper's family. For the purpose of this Zoning
Ordinance, the term "rooming house" shall also mean lodginghouse, and
a rooming house shall not include a Community Residence or Nursing
Home.
Section 2: That Article 5, Section 5.21 Entitled "Permitted Uses in
the R-1, R-2, R-3, R-4 Districts" be amended by adding thereto the
following language:
Family Community Residence, provided:
(a) They are located not less than 1,000 feet from another
Community Residence; and,
(b) The applicant or sponsoring agency has demonstrated to the
Village that the proposed Community Residence is eligible for or
has obtained a state license or certification, or that the
sponsoring agency is licensed by the state to operate Community
Residences.
Section 3: That Article 5, Section 5.22 Entitled "Permitted Uses in
the A-1, A-2, A-3 Districts" be amended by adding thereto the following
language:
Family Community Residences, provided:
(a) They are located not less than 1,000 feet from another
Community Residence; provided, however, that up to two such
residences may be located on the same zoning lot; and,
(b) The applicant or sponsoring agency has demonstrated to the
Village that the proposed Community Residence is eligible for or
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has obtained a state license or certification, or that the
sponsoring agency is licensed or certified by the state to operate
Community Residences.
Section 4: That Article 5, Section 5.25 Entitled "Special Uses in all
Residential Districts" be amended by adding thereto the following language:
(C) Family Community Residences located less than 1,000 feet from
other Community Residences and/or Family Community Residences where there
is no state licensing or certification program for the proposed Family
Community Residence or operator; provided that for either case:
(1) The President and Board of Trustees find that the cumulative
effect of such uses would not alter the residential character
or the neighborhood, would not create an institutional setting,
and its operation would not create an adverse effect on
surrounding properties; and,
(2) For those Community Residences which require state licensing
and/or certification the applicant or sponsoring agency has
demonstrated to the Village that the proposed Community Residence
is eligible for or has obtained a state license or certification,
or, that the sponsoring agency is licensed or certified by the
state to operate Community Residences.
(D) Group Community Residences subject to the following conditions:
(1) No such Residence shall be located less than 1,000 feet
from another Community Residence; provided however, that this
spacing requirement may be waived if the President and Board of
Trustees find that the cumulative effect of such uses would not
alter the residential character of the neighborhood, would not
create an institutional setting, and by its operation would not
create an adverse effect on surrounding properties.
(2) Prior to admitting residents, the operator of such
Residences shall demonstrate that the dwelling will comply
with all applicable licensing and code standards.
(3) The applicant shall submit a statement of the exact nature
of the Residence, the qualifications of the agency that will
operate the Residence, the number and type of personnel who
will be employed, and the number and nature of the residents
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who will live in the Residence.
(4) The Residence shall, to the extent possible, conform
to the type and outward appearances of the residences in
the area in which it is located.
(5) For those Community Residences which require state licensing
and/or certification the applicant or sponsoring agency has
demonstrated to the Village that the proposed Community Residence
is eligible for or has obtained a state license or certification,
or, that the sponsoring agency is licensed by the state to operate
Community Residences.
Section 5: That the Village Clerk is authorized to publish this
Ordinance in pamphlet form.
Section 6: That this Ordinance shall be in full force and effect
from and after it passage and approval according to law.
VOTE:
AYE: 6
NAY: 0
ABSENT: 0
PASSED
this 11th
day of
December , 1990.
APPROVED
this 11th
day of
December , 1990.
Charles S. Zettek
Village President
ATTEST:
Patricia S. Smith
Village Clerk
PUBLISHED this 13th day of December , 1990 in pamphlet form.
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