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Morton Grove City Zoning Code

CHAPTER 12

5 SPECIAL ZONING PROVISIONS

12-5-1: STATEMENT OF PURPOSE

This section identifies special provisions for uses within the Village that cannot be met just within the technical requirements of the existing zoning district regulations. These special zoning provisions address specific goals of the Village which include the ability to provide special housing types for certain groups of individuals such as the elderly or developmentally disabled, additional use criteria for certain commercial uses, and provisions for mixed use developments which allow greater creativity and flexibility of project design. Also included are the development standards for the C/R commercial/residential zoning district, which includes both commercial and residential uses. (Ord. 07-07, 3-26-2007)

12-5-2: COMMUNITY RESIDENCES (GROUP HOMES)

  1. Community residence: Five (5) or fewer unrelated individuals:
    1. Permitted as of right in all residential districts.
    2. Permitted in a multi-family residential development in the commercial zoning district where a special use permit had been obtained for the development initially.
  2. Community residence - family: Permitted in all residential districts and in multi-family developments in commercial districts, provided:
    1. It has obtained a state license or certification, and the sponsoring agency is licensed or certified by the state to operate a residential care home.
    2. It is located not closer than nine hundred ninety feet (990') in the R-1 and R-2 residence districts, six hundred sixty feet (660') in the R-3 district and three hundred thirty feet (330') in the commercial districts, to another community residence. A special use permit is required for any community residence - family closer than these distances.
    3. Prior to occupancy, an administrative occupancy permit is applied for and received from the building commissioner.
    4. Proof of state licensed renewal shall be furnished to the building commissioner.
    5. The building commissioner may revoke a certificate of occupancy for a community residence - family if its license or certification or the operator's license or certification to operate community residences is revoked. A certificate of occupancy is not transferable to another operator or to another location.
  3. Community residence - group: Special use permit required in all residential districts and the multi-family developments in commercial districts, provided:
    1. It has obtained a state license or certification, and the sponsoring agency is licensed or certified by the state to operate a residential care home.
    2. It is located not closer than nine hundred ninety feet (990') in the R-1 and R-2 residence districts, six hundred sixty feet (660') in the R-3 district and three hundred thirty feet (330') in the commercial districts, to another community residence.
    3. Prior to occupancy, an administrative occupancy permit is applied for and received from the building commissioner.
    4. Proof of state licensed renewal shall be furnished to the building commissioner.
    5. The building commissioner may revoke a certificate of occupancy for a community residence - group if its license or certification or the operator's license or certification to operate community residences is revoked. A certificate of occupancy is not transferable to another operator or to another location. (Ord. 07-07, 3-26-2007)

12-5-3: SENIOR CITIZEN HOUSING SPECIAL DEVELOPMENT PROVISIONS

  1. Description Of Special Development Provisions: The senior citizen housing special development provisions were originally adopted as the "1975 Morton Grove housing for the elderly and elderly handicapped code". The purpose and intent of these provisions is to codify, permit, classify, regulate and restrict the construction and location of multiple dwellings for the elderly and elderly handicapped within the C-1, C-2, R-3, and C/R zoning districts of the Village of Morton Grove in a logical and systematic manner by the application of a special use procedure. (Ord. 08-19, 6-9-2008)
  2. Uses Governed By These Provisions: Multiple-family residential structures which are designed, developed and restricted for one hundred percent (100%) senior citizen occupancy.
  3. Minimum Lot Area: Not less than nine hundred five (905) square feet per dwelling unit.
  4. Minimum Lot Size: Not less than twenty one thousand seven hundred eighty (21,780) square feet.
  5. Minimum Yards:
    1. Front yard:
      1. Structure thirty five feet (35') in height or less: Twenty five feet (25') minimum.
      2. Structure over thirty five feet (35') in height: Twenty five feet (25') plus one foot (1') for each foot of height the structure is over thirty five feet (35').
    2. Side yards:
      1. Structures thirty five feet (35') in height or less: Twenty feet (20') minimum total, with no side yards less than ten feet (10').
      2. Structures over thirty five feet (35') in height: The width of each side yard shall be ten feet (10') plus one foot (1') for each foot in height the structure is over thirty five feet (35').
      3. Corner lot: Both yards abutting the public right of way shall be considered front yards.
    3. Rear yard:
      1. Structures thirty five feet (35') in height or less: Thirty feet (30') minimum.
      2. Structures over thirty five feet (35') in height: Thirty feet (30') plus one foot (1') for each foot of height the structure is over thirty five feet (35').
  6. Maximum Building Height:
    1. R-3 district: Fifty feet (50').
    2. C-1 and C-2 districts: Sixty feet (60').
  7. Maximum Land Coverage: A maximum of sixty percent (60%) of the lot area may be covered by impervious surface (parking area, sidewalk, driveway or building).
  8. Off Street Parking:
    1. Minimum of 0.5 parking space per dwelling unit.
    2. No parking shall be permitted in the front yard unless in an underground parking garage.
    3. No parking spaces may be rented for nonresident use.
  9. Off Street Loading: A loading dock need not be provided for residential structures constructed under these provisions.
  10. General Provisions:
    1. Elevators: A minimum of one elevator shall be installed in each building in excess of one story.
    2. Fire Lanes: Fire lanes shall be provided as required.
    3. Variety Of Dwelling Units: Dwelling unit mix:
      1. Efficiency/studio: Not more than twenty five percent (25%) of all dwelling units.
      2. Two (2) bedroom: Not more than fifty percent (50%) of all dwelling units.
      3. Three (3) bedroom and over: Not allowed.
      4. Handicapped units: All dwelling units shall be so equipped.
      5. One dwelling unit shall be provided for a caretaker.
    4. Rental Rates: Developments may be financed using federal, state, local or private funds to provide subsidized housing of the U.S. department of housing and urban development (HUD) or Illinois housing development authority (IHDA) type. Privately financed developments shall be required to provide twenty percent (20%) of all rental units at reduced rental rates. Rentals for these units shall be restricted to tenants who qualify for rental subsidies under the current HUD regulations for subsidized senior citizen housing. Reduced rental rates shall be forty percent (40%) of the then current basic rental rate for that unit.

      The Village shall have the authority to periodically inspect rental records to verify compliance with the reduced rental rate requirement. The manager of a privately financed project built under the provisions of this section shall provide an annual written report developed with and cosigned by a certified public accountant documenting that the current rental policies of the development are in compliance with the reduced rental rate requirements of this section.
    5. Occupancy Requirements:
      1. Income limits shall be established by the subsidizing governmental agency or utilizing the current HUD income limits for subsidized housing.
      2. To the extent permissible under state or federal laws, occupancy priority will be given to:
        1. Eligible residents of the Village of Morton Grove who have been residents of Morton Grove for two (2) years prior to filing application for occupancy.
        2. Eligible parents or grandparents and their spouses of residents of the Village of Morton Grove, which residents of the Village of Morton Grove shall have resided in the Village a minimum of two (2) years. (Ord. 07-07, 3-26-2007)

12-5-4: MULTIPLE-FAMILY RESIDENTIAL STRUCTURE SPECIAL DEVELOPMENT PROVISIONS IN THE C1 AND C2 DISTRICTS (INCLUDING ATTACHED DWELLINGS)

  1. Description Of Special Development Provisions: The multiple-family residential structure special development provisions were originally developed and adopted as the "1968 Morton Grove apartment code".

    The purpose and intent of these provisions is to codify, permit, classify, regulate and restrict the construction and location of multiple-family dwellings within the C-1 and C-2 zoning districts of the Village of Morton Grove in a logical and systematic manner by the application of the special use permit procedure. A further purpose and intent of these provisions is to provide adequate light, pure air and safety from fire and other dangers, to conserve the taxable value of land and buildings throughout the municipality and to lessen or avoid congestion of public streets.
  2. Uses Governed By These Provisions: These provisions govern multiple-family residential uses.
  3. Minimum Lot Area:
    1. Multi-family dwellings: Not less than one thousand eight hundred fifteen (1,815) square feet per dwelling unit (24 dwelling units per acre), through a special use permit.
    2. Attached Dwellings: Not less than two thousand four hundred twenty (2,420} square feet per dwelling unit (up to 18 dwelling units per acre) for attached dwelling structures, through a special use permit.
  4. Minimum Lot Width: Not less than fifty feet (50').
  5. Minimum Yards:
    1. Front yard:
      1. Multi-Family: Fifteen feet (15'), The plan Commission may recommend and the Village Board may consider approval of ten feet (10') through a special use permit.
      2. Attached Dwelling: Fifteen feet (15').
    2. Side yard:
      1. Multi-Family: Minimum of 5 feet setback on each side for buildings up to 20 feet in height; add 1 foot setback for every 3 feet in additional building height, up to ten feet (10') setbacks on each side. On a comer lot, both yards abutting the public right of way shall be considered front yards and shall comply with front setback requirements established in Section 12-5-4:E.1.a
      2. Attached-Dwelling: Two (2) side yards shall be required between each building, each having a minimum width of five feet (5'). On a corner lot, both yards abutting the public right of way shall he considered front yards with a minimum setback of fifteen feet (15').
    3. Rear yard:
      1. Multi-Family: Eighteen feet (18')
      2. Attached Dwelling: Ten feet (10')
  6. Maximum Building Height:
    1. Multi-Family: No building shall exceed forty five feet (45').
    2. Attached Dwelling: No building shall exceed thirty-five feet (35')
  7. Off Street Parking:
    1. See Chapter 7 for required number of parking spaces
    2. No parking shall be permitted in the front or side yards, unless it is in an underground garage.
    3. No parking spaces may be rented for nonresident use.
    4. Parking and Garage Placement. Surface parking lots shall not be located in front of buildings facing a public street. Parking lots must be located to side or rear of buildings. Access to garages from an alley or private drive located to the side or rear of a building is encouraged.
  8. Off Street Loading: A loading dock need not be provided for residential structures constructed under these provisions.
  9. General Provisions:
    1. Fire lanes shall be provided as required.
    2. A maximum of sixty percent (60%) of the total lot area may be covered by impervious surface (building, driveway, walkway, or parking area).
    3. All development requests made under these provisions shall be considered under the special use permit provisions of this title.
    4. The plan commission may recommend modifications in these provisions to the extent of height, yard, lot surface coverage, and off street parking requirements in accordance with the goals established in the Lehigh Ferris Framework Plan. In addition, the plan commission may recommend modification to the minimum lot area (density) requirements, which would increase the density by a maximum of 33.33 percent, but not to exceed a density of thirty two (32) dwelling units per acre. (Ord. 07-07, 3-26-2007; Ord. 18-20, 12-11-18)

12-5-5: CRITERIA FOR SPECIFIC COMMERCIAL SPECIAL USES

  1. Automobile Service Stations And Minimart Stations: Automobile service stations are commercial enterprises unique and different from other special uses and, as such, require the imposition of certain specific regulations intended to promote the public health, safety, comfort, morals, and convenience by ensuring that such uses are compatible with their surroundings and only minimally impact the roadway network.
    1. Uses Permitted: All automobile minimart and service stations shall be classified into one of the following categories:
      1. Full service station: An automobile service station which, in addition to the retail dispensing of vehicular fuels, offers to perform, as an accessory use, automotive maintenance, service or repair including, but not limited to, the sale and installation of lubricants, tires, batteries and similar accessories for automotive vehicles by owner representatives. Customer dispensing of motor fuels at certain pump islands is also allowed.
      2. Automobile minimart station: An automobile service station which offers or includes as an accessory use, the retail sale of nonautomobile related items. (Ord. 08-19, 6-9-2008)
    2. Uses Not Allowed: The following uses shall not be performed in conjunction with any automobile service station:
      Automobile sales. Bulk oil storage facilities. Leasing of trucks, trailers or other motorized vehicles. Outdoor repair or maintenance of automobiles. Painting and bodywork of automobiles. Storage of wrecked or abandoned vehicles.
    3. Minimum Services Required: All automobile service stations regardless of category type shall, at a minimum, offer public toilet facilities, water and compressed air for automotive vehicles for use by the general public.
    4. Business Functions Allowed: Only those business functions which are identified as a part of the licensed use shall be allowed. (Ord. 07-07, 3-26-2007)
    5. Design Criteria:
      1. Canopies And Pump Islands: Canopies shall conform to the minimum building setback. Pump islands shall have a minimum setback of fifteen feet (15').
      2. Exterior Lighting: All exterior lighting shall be inwardly directed so that no direct lighting is cast off premises.
      3. Parking And Landscaping: Parking and landscaping requirements shall conform to the regulations set forth in chapter 7, "Off Street Parking And Loading", and chapter 11, "Landscaping And Trees", of this title. Additional parking may be required as determined by the plan commission.
        1. Full service stations: Parking shall be restricted to attendants' vehicles and customer cars while being serviced, not to exceed three (3) days.
        2. Automobile minimart stations: Parking, storage, or display of vehicles, other than those owned or operated by employees or persons purchasing or delivering items at the minimart, is prohibited.
        3. Storage of commercial or private vehicles, including boats, trailers, campers, and motor homes, shall not be allowed.
      4. Access To Public Roadways: The number of access cuts shall be minimized so as to encourage the most optimum traffic movement and circulation pattern onto public roadways.
      5. Access With Adjoining Sites: Automobile service stations located in existing or proposed shopping centers shall provide access interconnection with the shopping center.
      6. Mechanical Systems: Air conditioning or other roof units shall be screened from public view.
      7. Vending Machines: All vending machines shall be located within a building.
      8. Trash Enclosure: An enclosure shall be provided which screens the trash containers from public view and limits the possibility of windborne litter being generated from this location.
      9. Noise: Loud speakers with a volume greater than fifty (50) dB shall not be allowed. Such speakers shall be used for brief communication.
      10. Hours Of Operation: Hours of operation shall be set forth in the special use permit granted by the board of trustees. Hours may be shortened at the discretion of the operator, but longer hours of operation shall require an amendment to the special use permit.
      11. Limitations On Minimart Stations: Maintenance, repair, servicing, parking, storage, towing or other similar motor vehicle services, except self-service car wash, are prohibited. (Ord. 08-19, 6-9-2008)
  2. Drive-Thru Facilities: The restrictions listed below apply in all commercial zoning districts to all facilities with drive-up windows that are intended to allow customer transactions from a motor vehicle without entering the building, including, but not limited to, fast food or drive-through restaurants and banking facilities:
    1. A vehicle stacking area a minimum of one hundred feet (100') in length for customers waiting to order food and drink for delivery at the drive-up window must be provided on site and designed to not interfere with normal parking or with vehicular movement on the site.
    2. The vehicle stacking area must be designed to accommodate all waiting vehicles on site, and if interior to a shopping center, cannot interfere with major internal driveways or access drives.
    3. Drive-thru facilities shall be permitted uses on outlots within large shopping centers provided they meet the following criteria. If the following criteria are not met, the drive-thru shall continue to be a special use:
      1. The shopping center site shall be a minimum of four hundred feet (400’) by four hundred feet (400’) and at least one side of the site is adjacent to a major street.
      2. All drive-thru facilities shall be on outlots that front the major arterial public road for the shopping center.
      3. Adequate site distances and circulation patterns to assure pedestrian and driver safety shall be maintained for the facility and the shopping center, per the review and approval of the Village Engineer.
      4. All access drives and traffic circulation shall be internal to the shopping center, with no direct access to the public right-of-way. A bypass lane shall be provided, where deemed necessary by the Village Engineer.
      5. All order boards and drive-up windows shall be located at least fifty feet (50’) from the property line of any residential use.
      6. Any order board, speaker, microphone or other amplification device located within one hundred feet (100’) of the property line of any residential uses shall be placed and directed to direct amplified sound away from the residential use.
      7. Any drive-through facility located within one hundred feet (100’) of the property line of any residential shall provide solid or opaque screening to limit visibility of the drive-thru traffic from the residential use.
      8. Off-street parking and loading for the drive-thru facility and shopping center shall be provided in accordance with Chapter 7 of this Title.
      9. Landscaping and screening for the drive-thru facility shall be provided in accordance with Chapter 11 of this Title.
      10. The drive-thru window shall not front on the major arterial public road for the shopping center.
  3. Outdoor Seating Areas: Outdoor seating areas, in conjunction with restaurants, taverns, and specialty food stores, are permitted, subject to administrative review by the Village of Morton Grove. All applicants for an outdoor seating area shall be required to submit a to-scale, dimensioned site plan, showing the seating area and arrangement of tables and chairs, and the relationship of the seating area to the restaurant building and site. The following restrictions shall apply:
    1. Location of an outdoor seating area shall be prohibited in a public right of way or in a required off street parking space or drive aisle;
    2. An outdoor seating area shall not be located in a required landscape area;
    3. All outdoor seating areas shall be constructed on a concrete slab, or comparable hard surface approved by the Village;
    4. A minimum of three feet (3') of pedestrian access shall be provided if the seating area is placed adjacent to an existing or proposed pedestrianway;
    5. All outdoor seating areas which have access from the indoor dining area with a door, that door shall be closed at all times when not being used by patrons or restaurant staff;
    6. Adequate emergency access shall be provided for all outdoor seating areas, subject to review and approval of the Morton Grove fire department;
    7. Food preparation shall be strictly prohibited;
    8. Pets, except for service dogs, shall be prohibited;
    9. All food and beverages shall be cleared immediately after consumption, and the entire outdoor seating area must be kept free of debris;
    10. Amplification of music and/or other systems are prohibited;
    11. Adequate protection shall be provided from adjacent parking areas;
    12. If the outdoor seating area comprises more than one hundred (100) square feet, adequate screening and landscaping, shall be provided, subject to review and approval of the appearance review commission;
    13. If umbrellas and/or screening are provided, any type of advertising is prohibited. (Ord. 07-07, 3-26-2007)
  4. Adult Daycare Facilities:
    1. Description of Use Provisions: The purpose and intent of these provisions is to ensure adult daycare facilities are operated a manner which is harmonious with the uses surrounding them and are consistent with the character of the neighborhoods in which they are located.
    2. General Requirements
      1. The plan commission may recommend modifications to these provisions provided they meet the special use standards in subsection 12-16-4:C.5 of this title.
      2. Adult daycare facilities shall meet all federal, state and local requirements including, but not limited to, licensing, health, safety and building code requirements.
    3. Use Provisions:
      1. For all minimum requirements set forth in this section, any fractional result shall be rounded up to the next consecutive whole number.
      2. The off-street parking requirement shall be determined in accordance with Section 12-7-3:B. However, in no case shall the off-street parking requirement be less than one (1) space per employee, plus one (1) space per vehicle owned and operated by the business, plus one (1) passenger loading space per ten (10) adults under care.
      3. Sidewalks, pedestrian crosswalks, and exterior lighting for the safety of the participants and other pedestrians shall be provided.
      4. The number of adults under care shall be specified in the Special Use Permit and shall be the maximum number allowed in the center at any one time.
      5. A minimum of one (1) full-time staff member or full-time equivalent staff member shall be present at for every seven (7) adults under care present on the site.
      6. A minimum of sixty (60) square feet of indoor or outdoor activity area shall be provided for each adult under care. The minimum is exclusive of exit passages, fire escapes, administrative space, storage areas, bathrooms, and space required for equipment or other such areas.
      7. For adult daycare centers with twelve (12) or less adults under care, a minimum of one (1) accessible bathroom facility shall be provided. For adult daycare centers with greater than twelve (12) adults under care, a minimum of one (1) accessible bathroom facility plus one (1) bathroom facility per ten (10) adults under care shall be provided.
      8. No adult day care center shall admit persons with a communicable disease requiring isolation or persons who are active abusers of controlled substances, including but limited to drugs and alcohol.
      9. Each operation shall have a written and posted plan which specifies its procedure for obtaining emergency care, evacuation of the premises, and training for the staff and participants.
      10. The Village Administrator may consistent with and in accordance with the procedure set forth in Section 4-4-9 of this Code, order immediate closure of an adult daycare facility it finds:
        1. An immediate threat to health, safety or welfare of participants; or
        2. Evidence of abuse, cruelty, or indifference to participants of their need. (Ord. 21-02)
  5. Tattoo and Body Art and Permanent Cosmetics Services Establishments:
    1. Description of Use Provisions: The purpose and intent of these provisions is to ensure tattoo and body art and permanent cosmetics facilities establishments are operated in a manner which is harmonious with the uses surrounding them and are consistent with the character of the neighborhoods in which they are located.
    2. General Requirements
      1. The plan commission may recommend modifications to these provisions provided they meet the special use standards in subsection 12-16-4:C.5 of this title.
      2. All tattoo and body art establishments and permanent cosmetics services uses shall operate in accordance with the Tattoo and Body Piercing Establishment Registration Act (410 ILCS 54), the Illinois Department of Public Health’s Body Art Code (77 Ill. Adm. Code 797) and any other applicable federal, state, and local requirements including, but not limited to, licensing, health, safety and building code requirements.
    3. Use Provisions:
      1. Tattoo and body art establishments shall not operate outside the hours of 10 a.m. to 9 p.m.
  6. Moving and Storage Facilities:
    1. Maximum number of off-street truck parking spaces. The maximum number of truck parking spaces for use by semitrailers, wheeled containers, or truck-trailer combinations (not including trailer positions immediately adjacent to a loading berth) at a facility cannot exceed the greater of either:
      1. One (1) parking space for every two thousand five hundred (2,500) square feet of gross floor area under roof for the principal use; or
      2. Two-and-a-half (2½) parking spaces for each loading dock serving the moving and storage facility use.
    2. Off-street truck parking facilities. All truck parking must occur in off-street parking facilities designed to accommodate the size of the trucks parked. Off-street truck parking facilities must delineate parking spaces with paint or other permanent materials, which must be maintained in clearly visible condition.
    3. Modifications to standards. The plan commission may recommend modifications to these standards by special use provided they meet the special use standards in subsection 12-16-4:C.5 of this title.


HISTORY
Amended by Ord. 23-04 on 4/25/2023
Amended by Ord. 23-14 on 6/27/2023

12-5-6: MIXED USE DEVELOPMENT PROVISIONS IN THE C1 AND C2 DISTRICTS

  1. Description Of Development Provisions: The purpose and intent of these provisions is to permit the construction of residential dwelling units on the same zoning lot as commercial developments while preserving the aesthetic character of the community, within the C1 and C2 Districts. The objective of mixed use development provisions is to contribute to the economic viability of the existing commercial areas and encourage the implementation of innovative housing options by providing alternatives to the typical detached single-family dwelling unit.
  2. Use Provisions: Mixed use developments are allowed as a special use in the C1 and C2 Districts. Commercial uses proposed for inclusion in a mixed use development shall comply with the uses identified by zoning district in section 12-4-3, "Commercial Districts", of this title. Residential uses proposed for inclusion in a mixed use development shall conform to the regulations provided below.
  3. Minimum Lot Area: Not less than one thousand eight hundred fifteen (1,815) square feet per dwelling unit (up to 24 units per acre).
  4. Minimum/Maximum Yards:
    1. Front Yard:
      1. Minimum: A front yard of zero feet (0') is allowed.
      2. Maximum: A front yard shall not exceed ten feet (10’) from the property line.
    2. Side Yard: Minimum of 5 feet setback on each side for buildings up to 20 feet in height; add 1 foot setback for every 3 feet in additional building height, up to ten feet (10’) setbacks on each side
    3. Rear Yard: A minimum rear yard of ten feet (10') is required.
  5. Maximum Height:

    C-1 District: Forty feet (40').
    C-2 District: Thirty five feet (35').
  6. Design Criteria:
    1. Commercial activity shall be located at the street level with residential dwelling units permitted above or behind the space.
    2. A maximum of two (2) bedrooms shall be permitted per dwelling unit.
    3. Strict adherence to the design criteria outlined in chapter 12, "Design Standards", of this title, shall be required.
  7. Parking Provisions: The parking requirements for mixed use developments shall be determined on a case by case basis analyzing the parking demand for each use and how sharing the parking spaces shall be used to ensure that times of maximum usage will not overlap. The following evaluation criteria shall apply:
    1. In no case shall the required parking be less than seventy five percent (75%) of the base parking requirement of the uses as required collectively, or the base parking requirement of the most parking intensive use, whichever is greater.
    2. Of the total spaces provided, at least one reserved space per residential unit must be provided.
    3. Availability of off site public parking within 1/8 mile (660 ft.) of the proposed use may be considered in determining the commercial parking requirement. (Ord. 07-07, 3-26-2007; Ord. 18-20, 12-11-18)

12-5-7: DEVELOPMENT STANDARDS FOR THE C/R COMMERCIAL/RESIDENTIAL DISTRICT

  1. General Provisions:
    1. Pedestrian Links Required: Developments in the C/R commercial/residential zoning district shall create pedestrian links to public sidewalks and nearby commercial and institutional facilities.
    2. Parking Bonus: Off street parking and loading spaces required shall comply with the provisions set forth in chapter 7, "Off Street Parking And Loading", of this title, and the development standards below. However, parking reductions are permissible in accordance with the following requirements:
      1. Within 1/8 mile (660 feet) of the commuter rail station or a municipal parking lot: Fifteen percent (15%) parking reduction.
      2. More than 1/8 mile (660 feet) up to 1/4 mile (1,320 feet): Ten percent (10%) parking reduction.
    3. Fundamental Design Principals Of Developments In C/R District: This zoning district is intended to encourage the creation of a vibrant mixed use neighborhood that allows for convenient access to local businesses and the Metra station while giving priority to pedestrians and residents. Developments within this district should be designed to make a synergistic contribution to the district as a whole. The following fundamental principals have been developed to better achieve this community goal:
      1. Create Appropriately Scaled Streetwall for Commercial Areas: The "streetwall" is the vertical plane that defines the "wall" of the public space (street and sidewalks). The streetwall is typically created by multiple adjacent buildings on each block. Both sides of the street should be considered when establishing the streetwall. To create a comfortable, human scale public space, the height of the buildings should be greater than the width of the street, provided that such building height is compatible with adjacent buildings.
      2. Create Continuous Streetwall: The streetwall should be continuous to avoid "empty" spaces. Accordingly, gaps between buildings should be less than the width of the building. The public space of the street and sidewalk should be formed by the buildings rather than be considered leftover space.
      3. Parking Location: Surface parking should be located behind buildings to avoid disrupting the pedestrian nature of the streetwall.
      4. Visually Appealing Streetwall: The building design should be oriented to the pedestrian nature of the district. This can be accomplished by articulating the face of the building or incorporating architectural elements that are recessed inward or projected outward from the primary face of the building. Landscaping can also contribute to the streetwall. Long stretches of blank, windowless walls at grade are to be avoided.
      5. Anchor Corners: Developments which are constructed at intersections with two (2) streets should anchor the corners of the buildings in close proximity to those intersections. This is vital to creating the streetwall as it provides scale to the intersection and reduces the amount of paving and empty space.
      6. Establish Uniform Building Line For Streetwall: Buildings should be set back at the appropriate distance to create a relatively continuous line to succeed in creating the streetwall and an interesting, safe, pedestrian path along the street. Each block and area of the C/R district will be unique in terms of the appropriate setback to create the desired streetwall.
      7. Focused Views: Site plans and building design should be arranged to create focal points to guide travelers around corners and draw them farther down the street.
      8. Location Of Primary Entrances: The primary entrance to individual buildings should be located on the primary rather than secondary street. Driveways and services should be located on secondary streets or alleys to give priority to pedestrians on the primary streets.
      9. Contribution To An Interesting Pedestrian Zone: Developments in the C/R district should provide a comfortable and safe route for pedestrians. Conflicts between pedestrians and vehicles are to be avoided. Sidewalks adjacent to commercial space should be wider than five feet (5') to allow for future streetscaping, public art and outdoor seating. Buffers such as parkways with trees should separate sidewalks from the street. On street parking can also serve as an effective buffer at times.
      10. Parking and Garage Placement. Surface parking lots shall not be located in front of buildings facing a public street. Parking areas must be located to the side or rear of buildings. Access to garages shall be from an alley private drive located to the side or rear of a building. Garage access from Lincoln Avenue is discouraged in the CR District. If structured parking is provided on the ground floor of mixed-use and commercial buildings, parking shall be prohibited within fifty feet (50’) of Lincoln Avenue to ensure adequate commercial space on Lincoln Avenue.
      11. Façade Transparency for Commercial and Mixed Uses: At least 50% of the wall area that is between 2 and 12 feet above grade shall be occupied by windows and/or entry doors. These windows and doors shall meet the following requirements:
        1. Utilize clear transparent glass in order to provide clear views of building interiors from the street and to allow natural surveillance of the street and adjacent outdoor spaces.
        2. Tint, internal screening, patterns or mirrored coatings are prohibited.
        3. Coatings shall be limited to those necessary to meet the minimum U-factor requirement in the latest addition of the International Energy Conservation Code adopted by the State of Illinois.
        4. Be of commercial grade and design.
        5. The surface shall not be covered or obstructed by products, signs in excess of the requirements in the Signs chapter, or other opaque materials placed behind the window.
        6. At least 25% of the wall area between 3 and 8 feet from the finished floor level of upper stories shall consist of glass for all non-residence uses.
  2. Uses: The uses permitted in the C/R commercial/residential zoning district are listed in section 12-4-3 of this title. (Ord. 07-07, 3-26-2007)
  3. Development Standards:


    		Commercial DevelopmentsMultiple-Family Dwellings1Attached Dwellings1Mixed Use Developments1
    Minimum lot area
    		024 dwelling units per acre

    16 dwelling units per acre;

    18 dwelling units per acre by special use

    		24 dwelling units per acre
    Minimum lot width
    		0 feet50 feet60 feet60 feet
    Minimum yards:
    Front0 feet; if one is provided, up to 10 feet max.
    		15 feet15 feet; 10 feet with Special Use permit
    		0 feet; if one is provided, up to 10 feet max.
    Side:
    Interior0 feet; 5 feet if one is provided
    		5 feet/10 feet2
    		5 feet5 feet/10 feet2
    Corner Lot Side, abutting Public Street
    		0 feet; if one is provided, up to 10 feet max.
    		15 feet15 feet; 10 feet by special use
    		0 feet; if one is provided, up to 10 feet max.
    Rear:
    Rear Yard Abutting an alley or non-residential district
    		5 feet18 feet10 feet10 feet
    Rear Yard abutting a residential district15 feet15 feet10 feet15 feet
    Maximum building height40 feet 50 feet40 feet50 feet
    Floor area ratio2.0 n/a n/a n/a 
    Lot coverage (includes building, driveway, walkways, parking area)n/a60 percent 65 percent n/a 
    Off street parkingPer chapter 7 of this title Per chapter 7 of this titlePer chapter 7 of this title
    		75 percent of the sum of each use according to chapter 7 of this title or the amount required of the larger use, whichever is greater. 1 space must be reserved for each residential unit.
    Note:
    1 See subsection E, "Modifications To Residential Development Provisions Allowable By Special Use", of this section.
    2 Minimum of 5 feet setback on each side for buildings up to 20 feet in height; add 1 foot setback for every 3 feet in additional building height, up to ten (10’) setbacks on each side

    (Ord. 08-19, 6-9-2008; Ord 18-20 12-11-18)
  4. Additional Requirements For Mixed Use Developments:
    1. Commercial uses shall be located on the ground floor facing the street with residential units above or behind the commercial space.
    2. A minimum of one bedroom per residential unit is required. (Ord. 07-07, 3-26-2007)
  5. Modifications To Residential Development Provisions Allowable By Special Use: The plan commission may, by special use, recommend modifications to the development standards for permitted residential uses in the C/R commercial/residential zoning district. Modifications may be made to the extent of height, yard, lot coverage, and off street parking requirements. In addition, the plan commission may recommend modifications to the minimum lot area (density) requirements which would increase the density for mixed use and multi-family dwelling units to a maximum of up to thirty two (32) dwelling units per acre and for mixed use and multi-family dwelling units in a planned unit development to a maximum of up to forty (40) units per acre, and for attached dwelling units to a maximum of eighteen (18) dwelling units per acre. (Ord. 08-13, 4-28-2008)
  6. Environmental and Site Design Incentives: To encourage excellence in site design, environmental design, and stormwater management, the Plan Commission may recommend the following incentives as part of a Planned Unit Development.
    1. Increases in residential density of up to 10% above the amount otherwise permitted, not to exceed 32 dwellings per acre
    2. Increases in height not to exceed 12’ or one story above the amount otherwise permitted, or the number of stories which could be constructed through the base zoning.
    In addition to standards applicable consideration of a Planned Unit Development, the Plan Commission shall evaluate these incentives in light of the extent to which the proposed development advances objectives of sound site and environmental design, including but not limited to:
    1. Reduced lot coverage
    2. Application of stormwater best management practices.
    (Ord. 18-20, 12-11-2018)

12-5-8: ADULT ENTERTAINMENT FACILITIES

Due to the secondary effects created by adult entertainment facilities per a study conducted by the Minnesota attorney general's office entitled "Report Of Attorney General's Working Group On Regulation Of Sexually Oriented Businesses", which includes summaries of studies in Minneapolis, Minnesota; St. Paul, Minnesota; Indianapolis, Indiana; Phoenix, Arizona; and Los Angeles, California, regarding the impact of sexually oriented businesses in the community, the following special use conditions shall apply specifically to adult uses:

  1. It is prohibited to locate, construct, or operate an adult entertainment facility in violation of 65 Illinois Compiled Statutes 5/11-5-1.5, as amended from time to time.
  2. No adult entertainment facility shall be located within three hundred feet (300') of another adult entertainment facility as measured from all property lines.
  3. Not more than one adult entertainment facility shall be permitted per building.
  4. All adult entertainment facilities shall be conducted within completely enclosed buildings.
  5. No adult entertainment facility shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any property not registered as an adult use. This provision shall apply to any display, decorations, sign, show window or other opening.
  6. Adequate fencing and/or screening shall be provided so that adult entertainment facilities shall not have an adverse effect on adjacent properties nor pose a risk to minors.
  7. Adequate measures will be taken to provide ingress or egress designed to minimize traffic congestion on the public streets.
  8. All signage shall conform to the Village of Morton Grove sign regulations per the Morton Grove sign code for industrial uses. (Ord. 08-19, 6-9-2008)

12-5-9: ASSISTED LIVING FACILITIES

  1. Description Of Development Provisions: The purpose and intent of these provisions is to permit the construction of residential dwelling units which are specifically designed for senior citizens who are no longer able to live independently but who are not in need of long term care. The objective of these provisions is to allow for the development of these facilities, and provide these alternative living arrangements to those in the community who are in need of them, yet at the same time assure they are developed in a manner which is harmonious with the uses surrounding them and are consistent with the character of the neighborhoods in which they are located.
  2. Use Provisions: Assisted living facilities shall be allowed as special uses in the R-3 general residence district, and the C-1 general, C-2 neighborhood, and C/R commercial/residential commercial districts.
  3. Height And Setback Requirements: Assisted living facilities shall be constructed in accordance with all multiple-family dwelling height, setback, floor area ratio, and lot coverage requirements in the zoning district where they are located.
  4. Maximum Occupancy: Each assisted living unit shall not exceed two (2) occupants per unit.
  5. Off Street Parking And Loading: All assisted living facilities shall provide at least 0.5 parking spaces per bed (occupant) and one loading berth per facility to handle all building deliveries and food supplies.
  6. General Requirements:
    1. The plan commission may recommend modifications to these provisions provided they meet the special use standards in subsection 12-16-4C5 of this title.
    2. All assisted living facilities shall be licensed by the Illinois department of public health and meet all the licensing requirements and operation requirements of the Illinois assisted living and shared housing establishment code. (Ord. 09-35, 12-14-2009)

12-5-10: STANDARDS FOR SMALL LOT RESIDENTIAL DEVELOPMENT

  1. Description of Development Provisions: Small Lot Residential Development is intended to provide housing options on smaller than typical zoning lots. The objective of Small Lot Residential Development is to provide additional alternatives, in areas of the Village where such increased residential density is consistent with and/or complements the existing, surrounding development patterns.
  2. Small Lot Residential Developments may be considered through Special Use Permit approval in the R3 and C/R Districts on lots not less than 10,890 sq. ft. (1/4 acre), with a minimum overall lot width of 90 feet, and not less than 3 total dwelling units in the overall development.
  3. Minimum Lot Area: Not less than three thousand five hundred (3,500) square feet per dwelling unit.
  4. Minimum Lot Width: Not less than thirty (30) feet.
  5. Minimum Yards:
    1. Front Yard: Fifteen (15) feet is required.
    2. Side Yard: Three (3) minimum on for either side yard, with a total of seven (7) feet combined for both side yards.
    3. Corner Lot Side, abutting a public street: Fifteen (15) feet is required.
    4. Rear Yard: Thirty (30) feet is required.
  6. Maximum Height:
    1. C/R Districts: Forty feet (40').
    2. R-3 District: Thirty five feet (35').
  7. Maximum Rear Yard Coverage: 50%
  8. Maximum Accessory Structure Coverage: 30%

12-5-11: CANNABIS BUSINESS ESTABLISHMENTS

  1. Purpose: It is the intent and purpose of this Section to provide regulations pertaining to cannabis business establishments within the corporate limits of the Village of Morton Grove. Such facilities shall comply with the provisions of the Morton Grove Municipal Code, including, without limitation, Title 4, the Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.) and the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.), as they may be amended from time-to-time and regulations promulgated thereunder, and the regulations set forth in this title. In the event that either the Cannabis Regulation and Tax Act or Medical Cannabis Act is amended, the more restrictive of the state or local regulations shall apply.
  2. General Requirements:
    1. Prohibited Cannabis Business Establishments: The following cannabis business establishments are prohibited in all zoning districts in the Village of Morton Grove: cannabis craft growers; cannabis infuser organizations; cannabis processing organizations; cannabis transporting organizations; and cannabis testing facilities.
    2. On-Premises Consumption: No cannabis shall be smoked, eaten or otherwise consumed or ingested within any cannabis business establishment and within the parking areas or other public areas of a cannabis business establishment. Signage regarding this prohibition must be prominently displayed near all doors used by the general public.
    3. Licensing: Prior to any certificate of occupancy being issued for a cannabis business establishment, a copy of the current State-approved license, and to the extent permitted by law, a copy of the operating procedures and license application documentation required by the Medical Cannabis Act and/or the Medical Cannabis Act must be filed with the Village Administrator.
    4. Ventilation: Prior to any building permit or certificate of occupancy being issued for a cannabis business establishment, a plan describing the ventilation system that will be used to prevent any odor of cannabis off the premises must be submitted and approved by the Building Commissioner.
    5. Security: Prior to any building permit or certificate of occupancy being issued for a cannabis business establishment, a plan describing all measures to be taken to ensure the security of the facility and the safety of the public and facility employees shall be submitted and approved by the Village Administrator. Such measures may include, but are not limited to, facility access controls, surveillance systems, site lighting, and on-site security personnel. Updates to the plan may be required by the Village Administrator as needed to address any security or safety issues.
    6. Inspection: The Village shall have the reasonable right to inspect the premises of a cannabis business establishment during its hours of operation to ensure compliance with the provisions of this title and all applicable state statutes.
  3. Cannabis Dispensing Organizations: The following requirements shall apply to cannabis dispensing organizations, including medical cannabis dispensing organizations:
    1. Cannabis Dispensing Organizations Allowed: No more than one (1) cannabis dispensing organization shall be permitted to locate within the corporate limits of the Village prior to January 1, 2022. No more than two (2) cannabis dispensing organizations shall be permitted to locate within the corporate limits of the Village thereafter.
    2. Minimum Lot Area: Cannabis dispensing organizations shall not be located on any zoning lot less than three (3) acres in area.
    3. Distance: Cannabis dispensing organizations shall provide the following minimum distances from sensitive uses. Distance requirements shall be measured by foot path of travel from main entrance of the cannabis business establishment to the nearest property line of the sensitive use or zoning classification.
      1. One thousand (1,000) feet from any school, as defined in this title.
      2. Two-hundred and fifty (250) feet from any publicly owned park, playground, or community center.
      3. Two-hundred and fifty (250) feet from any property zoned within an R-1, R-2, or R-3 Residence District.
    4. Separation: Cannabis dispensing organizations shall not be located on any property within fifteen hundred (1,500) feet of a pre-existing cannabis dispensing organization, as measured from property line to property line.
    5. Drive-Through Facilities: Drive-through facilities serving cannabis dispensing organizations are prohibited.
    6. Product Display: No cannabis or cannabis paraphernalia shall be displayed or kept at dispensaries so as to be visible from outside the premises.
    7. Prohibited Services: Cannabis dispensing organizations may not provide or permit off-site delivery or vending machine sales of cannabis or cannabis-infused products.
    8. Hours of Operation: Cannabis dispensing organizations shall only be permitted to operate between the hours of 8:00 a.m. and 9:00 p.m.
    9. Parking: Off-street parking and loading for cannabis dispensing organizations shall be provided in accordance with Chapter 7 of this Title.
    10. Signage and Advertising:
      1. Signage shall be in accordance with the requirements of Title 10, Chapter 10, except as specifically described in this section and all applicable state statutes.
      2. Electronic message boards and rope lighting, or other similar linear lighting installed to outline signs, merchandise, windows, buildings, or building elements, where such lighting is intended to be visible from the exterior of the building, are prohibited.
      3. Signs shall not include graphic representations of the cannabis plant leaf, bud, or drug paraphernalia.
      4. Sign content may reference cannabis but shall not display slang terminology commonly associated with cannabis, including, but not limited to: weed, pot, joint, trees, skunk, herb, etc.
  4. Cannabis Cultivation Centers:
    1. Distance: Cannabis cultivation centers shall not be located within twenty-five hundred (2,500) feet from any property zoned within a residential district, as defined by this title and as measured by foot path of travel from main entrance of the cannabis business establishment to the nearest property line of the residentially zoned property.
    2. Cannabis cultivation centers may not conduct any retail sales.
    3. Parking: Off-street parking and loading for cannabis cultivation centers shall be provided in accordance with Chapter 7 of this Title.
    (Ord. 20-26, 12-14-2020)

12-5-12 AFFORDABLE HOUSING

  1. Purpose: It is the intent and purpose of this section to provide regulations pertaining to the creation and preservation of affordable housing units in the Village of Morton Grove. These regulations are intended to promote the public health, safety, and welfare of the existing and future residents of Morton Grove by requiring certain developments which contain a residential component to incorporate a specified percentage of dwelling units to be priced affordably for households with incomes at or below 100 percent of the Area Median Income (AMI) or to utilize other mechanisms that will promote affordable housing opportunities in the Village. The Village recognizes the need to provide affordable housing to low-to-middle income households in order to increase housing opportunities for a diverse population and to provide housing for those who live or work in the Village.
  2. Definitions: For the purpose of this section, whenever any of the following words, terms, or definitions are used herein, they shall have the meanings ascribed to them in this subsection. Where terms are not specifically defined, they shall have the meaning defined in this title or, if none, the ordinarily accepted meanings such as the context implies. AFFORDABLE HOUSING. Any housing that qualifies as affordable for the targeted households identified in this section. For the purpose of this section, “affordable housing” is divided into tiers based on availability to households at distinct income levels. AFFORDABLE HOUSING COMPLIANCE PLAN: A plan submitted by a developer or owner of a covered development describing how development will comply the requirements of this section. AFFORDABLE HOUSING TRUST FUND. A trust fund to be established by the Village, pursuant to Section 1-9C-4 of the Municipal Code of the Village, with the purpose of aggregating and providing financial resources to address the affordable housing needs of individuals and families in the Village. AFFORDABLE HOUSING UNIT. A dwelling unit that meets the criteria for affordable housing. AFFORDABLE OWNER-OCCUPIED UNITS. Affordable housing units marketed and offered for sale to eligible households subject to an affordable unit covenant. AFFORDABLE RENTAL UNITS. Affordable housing units marketed and offered for rent to eligible households subject to standard lease terms. AREA MEDIAN INCOME (AMI). The median income level for the Chicago-Naperville-Elgin, IL-IN-WI Metropolitan Statistical Area, as established and defined in the annual schedule published by the Secretary of Housing and Urban Development and adjusted for household size. BASE DENSITY. The number of dwelling units permitted to be constructed on a parcel in conformance with the requirements of the zoning district in which it is located, prior to applying any applicable density bonus. CERTIFICATE OF QUALIFICATION. A certificate establishing a qualified household's eligibility to purchase or lease an affordable dwelling unit based on income eligibility using income and asset limits, in accordance with the Village's policies and procedures. CONSUMER PRICE INDEX (CPI-U). Consumer price index for all urban consumers for the Chicago-Naperville-Elgin area as published annually by the U.S. Department of Labor, Bureau of Labor Statistics. CONVERSION. A change in a residential or mixed-use rental development to individual-owner residential condominium units, or a change in individual-owner residential condominium units to a residential or mixed-use rental development. COVERED DEVELOPMENT. Any residential or mixed-use development with a residential component that is required to provide affordable housing units, fees in lieu of affordable housing, or linkage fees under the provisions of this section. Projects at one location undertaken in phases, stages, or otherwise developed in distinct parts shall be considered a single covered development. DEVELOPER. The party responsible for obtaining approvals from the Village, including zoning, subdivision, and building permit approvals, for a covered development. ELIGIBLE HOUSEHOLD. For purposes of this section, a household with an annual income at or below 100 percent of the Area Median Income purchasing an owner-occupied unit or a household with an annual income at or below 60 percent of the Area Median Income leasing a rental unit. HOUSING EXPENSES. For affordable rental units, rent and utilities. For affordable owner-occupied units, principal and interest of any mortgages placed on the unit, property taxes, condominium, or homeowner’s association fees, if applicable, and insurance. MAXIMUM RESALE PRICE. The maximum price an owner-occupied affordable unit may be sold to another eligible household at based on a valuation formula established by the Village on an annual basis in conjunction with the annual release of median income levels published by the Department of Housing and Urban Development for the Chicago-Joliet-Naperville Metro FMR Area. MARKET RATE HOUSING UNITS. All owner-occupied or rental dwelling units in a covered development that are not classified as affordable housing units.
  3. Administration:
    1. The provisions of this section shall be administered by the Village Administrator and the Department of Community and Economic Development. The Village Administrator shall have the right to adopt and amend from time-to-time administrative guidelines, procedures, and schedules to assist in the effective implementation of this section; provided, however, that any administrative guidelines, procedures, and schedules adopted or amended pursuant to this section shall not be inconsistent with this section, and that in the event of a conflict between the administrative guidelines and this section, this section shall control.
    2. The Village Administrator may, with the authorization of the Board of Trustees, enter into an agreement with a not-for-profit organization specializing in the management and operation of affordable housing programs to assist in the administration of portions of this section, including, without limitation, performing assessments of households’ certificate of qualification, managing waitlists for affordable housing units, marketing affordable housing units, verifying covered developments’ ongoing compliance with the requirements of this section, and advising on the administrative guidelines, procedures, and schedules authorized by this section.
  4. Applicability:
    1. General. Developments subject to the provisions of this section shall be deemed covered developments and shall include the following:
      1. A development that is new single-family attached, single-family detached, two-family detached, or multi-family residential construction or new mixed-use construction with a residential component.
      2. A development that is the renovation or reconstruction of an existing multi-family residential building that increases the number of residential dwelling units from the number of dwelling units in the original structure.
      3. A development that will change the use of an existing building from non-residential to residential or that will change the class of residential use from single-family to multi-family.
      4. A development that includes a conversion.
      5. A development that is the removal and replacement of an existing single-family detached or two-family detached dwelling unit.
      6. A development that increases the floor area of an existing single-family detached or two-family detached dwelling unit. This calculation shall not include the floor area of detached accessory structures.
    2. Development on Multiple Parcels. For the purposes of this section, a development that is constructed across multiple adjacent parcels under common ownership shall be considered a single development.
    3. Excluded Developments. The requirements of this section do not apply to the following development types:
      1. A non-residential development.
      2. Assisted living facilities; or
      3. Nursing facilities.
  5. Requirements for Covered Developments:
    1. General Requirements: Unless an exception or alternative is approved pursuant to section 12-5-12:E.7, the developer of a covered development must satisfy the requirements of this section by providing affordable housing units within the physical envelope of the development or a linkage fee or cash payment in lieu as follows:
      Number of Units in the Covered Development
      		On-Site Affordable Unit Requirement
      		Linkage Fee or Payment in Lieu
      1-4No affordable units required
      		5% of building permit fee
      5-10No affordable units required
      		$1,000 per unit within the covered development unless 1 or more affordable units are provided, then $0
      11-201 affordable unit
      		$40,000 per each required affordable unit
      21-302 affordable units
      		$40,000 per each required affordable unit
      31-403 affordable units
      		$40,000 per each required affordable unit
      41+10% of units$40,000 per each required affordable unit

    2. Calculation:
      1. Calculation of Affordable Units: When the application of the percentage specified above results in a number of required affordable housing units that includes a fraction, the fraction will be rounded up to the next whole number if the fraction is equal to or greater than 0.5. If the result includes a fraction equal to or less than 0.49, the required number of affordable housing units will be rounded down to the next whole number.
      2. Calculation of Payment in Lieu and Linkage Fees. For covered developments satisfying their affordable housing requirement through a full or partial payment in lieu or linkage fee, the amount due to the Village shall be equal to the per unit amount established in Section 12-5-12:E.1 multiplied by the number of required units pursuant to Section 12-5-12:E.2 less the number of affordable housing units to be provided by the developer pursuant to this section. Effective January 1, 2023, the fee in lieu amounts and linkage fees shall be adjusted in January of each year by the annual percentage change in the Consumer Price Index (CPI-U) for the Chicago-Elgin-Naperville area.
    3. Timing of Payment: Payment of any applicable linkage or payment in lieu fees for a covered development shall be submitted prior to the issuance of any building permits for the covered development. All payments received pursuant to this section shall be deposited directly into the Village Affordable Housing Trust Fund and reserved for authorized purposes pursuant to Article 1-9C-4.
    4. Maximum Price. Affordable units in covered developments may only be offered to eligible households at the maximum price levels listed in the chart below.
      Unit TypeMaximum pricea
      Affordable Owner- Occupied UnitbAttainable to households with income at or below 100% AMI
      Affordable Rental Unitc
      		Attainable to households with income at or below 60% AMI
      1. Maximum housing prices are based on spending no more than 30% of monthly household income on housing expenses. Permitted housing expenses for affordable units will be calculated based on the most current area median income levels published by HUD.
      2. For affordable owner-occupied units, housing expenses equals the monthly sum of principal and interest of any mortgages placed on the unit, property taxes, association fees, and insurance.
      3. For affordable rental units, housing expenses equals the monthly sum of rent and utilities.
    5. Pricing Schedule. The Village Administrator shall publish a Housing Expenses Pricing Schedule of rental and sales prices for affordable housing units, which pricing schedule will be made publicly available and will be updated annually.
    6. Alternative Equivalent Proposal. An applicant may propose to meet the minimum affordable housing requirement for covered developments by an alternative equivalent action, subject to review and approval by the Village Board of Trustees. A proposal for an alternative equivalent action may include, but is not limited to, the construction of affordable dwelling units on another site in the same neighborhood or a comparably zoned neighborhood, or acquisition and enforcement of affordability restrictions on existing market rate dwellings so as to render them affordable housing units, fewer on-site affordable units at prices affordable to households at lower threshold income levels, or dedication of land. Any proposal shall demonstrate how the alternative proposed will increase affordable housing opportunities in the Village to an equal or greater extent than compliance with the express requirements of this section.
  6. Eligibility and Preference of Households for Affordable Dwelling Units:
    1. Eligibility
      1. The affordable dwelling units within a covered development which are for-sale shall be sold only to owner-occupant eligible households whose primary residence shall be said affordable dwelling unit. All affordable units must be sold households whose incomes do not exceed one hundred percent (100%) AMI adjusted for household size.
      2. The affordable dwelling units within a covered development for rent shall be leased only to tenants with eligible households whose primary residence shall be said affordable dwelling unit. For covered developments, all affordable units must be leased to households whose incomes do not exceed sixty percent (60%) AMI adjusted for household size.
    2. Preference: Priority for affordable dwelling units will be given first to eligible households who currently live in Morton Grove, or who have lived in Morton Grove with a member of a household currently living in Morton Grove, or to households in which the head of the household or the spouse or domestic partner works in Morton Grove.
    3. Waiting List. Waiting lists of households for affordable housing may be created in advance of the construction of those units in order to prioritize households pursuant to this section. Households may complete a preliminary income screening based on self-reported income to be placed on a waiting list for rental and ownership units.
  7. Distribution and Attributes of On-Site Affordable Dwelling Units:
    1. Location Of Affordable Dwelling Units: Affordable dwelling units shall be within the covered development except as approved by an alternative equivalent action pursuant to this section.
    2. Size of Units: Affordable housing unit size must be generally representative of and correspond to the size of the market rate housing units within the covered development.
    3. Phasing of Construction: In a covered development to be constructed in multiple phases, each phase of the development must include a number of affordable housing units proportional to the fraction that the phase consists of the entire covered development. Construction of affordable housing units may not be delayed or grouped into later phases of a covered development.
    4. Exterior Appearance: The exterior appearance of the affordable dwelling units in any covered development shall be visually compatible with the market rate dwelling units in the covered development.
    5. Interior Appearance and Finishes: Affordable dwelling units may have different interior appearance and finishes than market rate units, but the interior finish materials shall be contractor grade or higher.
    6. Mix of Bedroom Types of Affordable Units: The bedroom mix of affordable dwelling units shall be in equal proportion to the bedroom mix of the market rate dwelling units within the covered development or as determined by the Village Administrator.
    7. Energy Efficiency: Standard components related to energy efficiency, including, but not limited to, mechanical equipment and plumbing, insulation, windows, and heating and cooling systems, shall be the same in market rate dwelling units and affordable dwelling units.
    8. Amenities: Affordable housing units must have similar access to common areas, facilities, and services as that enjoyed by comparable market rate housing units in a covered development including but not limited to outdoor spaces, amenity spaces, storage, parking, bicycle parking facilities, and resident services.
  8. Affordability Controls:
    1. Affordable Housing Agreement: Prior to issuance of a building permit for any development or conveyance of title of any dwelling unit in any development, the applicant shall have entered into an affordable housing agreement with the Village regarding the specific requirements and restrictions imposed by the Village Board upon the approved development. The applicant shall agree to execute any and all documents deemed necessary by the Village, including, without limitation, deed restrictions, restrictive covenants, and other related instruments, to ensure the continued affordability of the affordable dwelling units in accordance with this article. The affordable housing agreement shall set forth the commitments and obligations of the Village and the applicant, and shall incorporate, among other documents, the affordable housing compliance plan. If applicable, the affordable housing agreement shall also detail the fee in lieu or alternative equivalent action of providing on-site affordable dwelling units as set forth in this section.
    2. Affordability Controls for Affordable Owner-Occupied Units:
      1. Initial Sale Prices for Affordable Owner-Occupied Units: Permitted initial sales prices for affordable owner-occupied units shall be set according to a schedule published by the Village annually and calculated on the basis of:
        1. Housing expenses at or below thirty percent (30%) of the eligible income with a household size corresponding to the size of the unit.
        2. The following relationship between unit size and household size shall be used to determine the appropriate income level at which affordable housing expenses are calculated:
          Unit SizeIncome Level for Household Size
          Efficiency
          		1 Person
          1 Bedroom2 Persons
          2 Bedrooms3 Persons
          3 Bedrooms4 Persons
          4 Bedrooms5 Persons

        3. An available fixed rate thirty (30) year mortgage, consistent with the average rate published from time to time by Freddie Mac;
        4. A down payment of no more than five percent (5%) of the purchase price;
        5. A calculation of property taxes;
        6. A calculation of homeowner's insurance;
        7. A calculation of condominium or homeowner association fees; and
        8. A calculation of private mortgage insurance, if applicable.
      2. Procedure for Sale of an Affordable Owner-Occupied Unit to an Eligible Household
        1. Sixty (60) days prior to offering any owner-occupied affordable unit for sale to the public, a developer must notify the Village in writing of such offering. The notice shall include the number, size, price, and location of affordable housing units to be offered, a description of each housing unit's finishes and availability, and any additional information the Village Administrator may reasonably require in order to establish compliance with this section.
        2. The prospective purchaser must make application for a certificate of qualification on a form provided by the Village. If the Village determines a purchaser is an eligible household pursuant to the requirements of this section to purchase an affordable housing unit, it will issue a certificate of qualification to that purchaser. A purchaser must provide documents to verify that their household satisfies these requirements, including an affidavit that the affordable housing unit will be their primary residence.
        3. The developer may not sell any affordable housing units without a valid certificate of qualification from the Village for the prospective buyer.
      3. Resale of Affordable Housing Units: An affordable housing unit constructed as a requirement of this section may be sold to a private party that meets the income level and eligibility requirements established in this section. The resale price of any affordable unit shall not exceed the purchase price paid by the seller of that unit plus inflation as measured by the CPI-U for the period of time that the owner resided in the unit.
      4. Period of Affordability: In covered developments that include owner-occupied housing units, affordable housing units may be offered and resold to only to eligible households and in accordance with this section at all times that the units are used for residential purposes, in perpetuity or as long as permissible by law. The developer or owner shall execute and record any agreements, covenants, or instruments required by this section to ensure compliance with this section.
    3. Affordability Controls for Affordable Rental Units:
      1. Rental Rates for Affordable Rental Units: Permitted housing expenses affordable rental units shall be set according to a schedule published by the Village annually and calculated on the basis of:
        1. Housing expenses at or below thirty percent (30%) of the eligible income with a household size corresponding to the size of the unit.
        2. The following relationship between unit size and household size shall be used to determine the appropriate income level at which affordable housing expenses are calculated:
          Unit SizeIncome Level for Household Size
          Efficiency1 Person
          1 Bedroom2 Persons
          2 Bedroom3 Persons
          3 Bedroom4 Persons
          4 Bedroom5 Persons
      2. Procedure for Initial Lease of an Affordable Rental Unit to an Eligible Household:
        1. Sixty (60) days prior to offering any affordable housing unit for sale or rent, the developer must notify the Village in writing of such offering. The notice shall include the number, size, price, and location of affordable housing units to be offered, a description of each housing unit's finishes and availability, and any additional information the Village Administrator may reasonably require in order to establish compliance with this section.
        2. The prospective lessee must make application for a certificate of qualification on a form provided by the Village. If the Village determines a lessee is an eligible household pursuant to the requirements of this section to lease an affordable housing unit, it will issue a certificate of qualification to that lessee. A lessee must provide documents to verify that their household satisfies these requirements, including an affidavit that the affordable housing unit will be his or her primary residence.
        3. The developer shall not lease any affordable rental units without a valid certificate of qualification from the Village for the prospective lessee. Any lease for an affordable rental unit shall also contain a prohibition on subleasing or allowing occupancy by a household without a valid certificate of qualification.
      3. Annual Compliance Report: The developer, or its successor, assignee, or designee, shall submit an annual compliance report to the Village describing each affordable unit in detail including but not limited to changes in tenancy, turnovers, and income certifications for all new tenants upon request of the Village Administrator for the rental affordability period as defined in this section. The developer, or its successor, assignee, or designee shall complete annual re-certifications of tenants renting affordable units to the Village for the rental affordability period as defined in this section.
      4. Period of Affordability: In covered developments that contain rental units, affordable housing units shall be offered and leased only to eligible households and in accordance with this section for so long as those units are used for residential purposes, in perpetuity or as long as permissible by law. The developer or owner shall execute and record any agreements, covenants, or instruments required by this section to ensure compliance with this section. In the event that the owner of a covered development including affordable rental units sells the development, the new owner will be required to continue to offer the affordable housing units in accordance with this section.
  9. Affordable Housing Compliance Plan: For all covered development projects containing eleven (11) or more housing units, the developer shall submit an affordable housing compliance plan to the Village that includes a description of the covered development, including specifically how and where affordable units will be incorporated into the development as well as such other documents and information as the Village Administrator may require. The Village Administrator will also have the authority to require, as part of the plan submittal, such additional information, documents, and plans as the Village Administrator deems necessary to evaluate the proposed covered development's compliance with this section.
  10. Incentives for Development of Affordable Housing Units: Developers constructing covered developments incorporating the affordable housing units required on-site will be allowed to take advantage of the following incentives and development options. All incentives and options authorized by this section shall be proposed and memorialized in the affordable housing compliance plan for the covered development.
    1. Additional Building Height: In order to accommodate affordable housing units within a covered development, any covered development providing affordable housing units pursuant to this section shall be entitled to a height increase of up to 12 feet above the height limits in the applicable zoning district other than in R-1 and R-2 Single Family Residence zoning districts.
    2. Additional Development Density: Any covered development providing affordable housing units on-site pursuant to this section shall be entitled to an increase in the permitted residential density equal to one (1) additional dwelling unit above that otherwise established by the zoning district in which the development is located for each affordable housing unit provided on-site.


HISTORY
Amended by Ord. 22-10 on 6/27/2022

12-15-13 SYNTHETIC TURF

  1. Synthetic turf contributes to yard and lot coverage, and shall be treated as flatwork.
  2. Synthetic turf shall be setback a minimum of five feet (5’) from all lot lines.
  3. Any area of synthetic turf and appurtenances on a lot in excess of the maximum yard coverage and/or lot coverage permitted pursuant Section 12-2-5:B and Section 12-4-2:D may only be authorized by the zoning board of appeals and approved by the Village engineer (or their designees).
  4. Stormwater Management:
    1. Synthetic turf installations less than 400 square feet shall require stormwater runoff control measures.
    2. Synthetic turf installations equal to or greater than 400 square feet shall require stormwater management and runoff control measures approved by the Village engineer (or their designees).


HISTORY
Amended by Ord. 25-17 on 4/22/2025

25-17