PETITION DESCRIPTION OF PROPERTY. Present Zoning Requested Zoning Legal Description. Owner of Record Name: _same as above Phone #: Address:

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1 Village of Oak Lawn 9446 South Raymond Avenue Oak Lawn, IL Phone #: 708/ FAX #: 708/ FOR OFFICE USE ONLY Petition # _ Fee Paid Meeting Day & Date: Monday, October 16, 2017 PETITION PLANNING & DEVELOPMENT COMMISSION Rezoning Variation of Zoning (Use) Variation of Ordinance Other BOARD OF APPEALS DESCRIPTION OF PROPERTY Present Zoning Requested Zoning Legal Description Common Description of Property (Street Address or Location) NAME OF PETITIONER AND OWNER Petitioner Name: _Village of Oak Lawn Phone #: Address: _9446 Raymond Avernue, Oak Lawn Relationship to the Subject Property: Relationship to the Owner of Record: Petitioner is: Owner Contractor Architect Attorney Other Owner of Record Name: _same as above Phone #: Address: The undersigned being the Owner(s) of the subject property as identified above, hereby certifies that I/we are aware of the filing of the Petition by the Petitioner and have given the Petitioner consent to do so relative to the subject property. What change of land use or variation of ordinance are you requesting? An Ordinance Granting The Amendment To Title 4 Of The Village Code Of Oak Lawn To Allow For The Addition Of Chapter 16: Temporary Overnight Shelters What unique circumstances and hardships cause you to request the above change? (Additional pages or supplementary sketches or plans may be attached.) SIGNATURE OF PETITIONER: DATE: (It is understood that only those points specifically mentioned are affected by action of this appeal.)

2 Douglas E. Spale ATTORNEY-CLIENT PRIVILEGED MEMORANDUM TO: FROM: Kevin McGuinness PJM/ Douglas E. Spale / dspale@pjmlaw.com DATE : October 11, 2017 SUBJECT: Establishing regulations for temporary overnight shelters within the Village The attached Ordinance is in response to the Village s desire to create regulations related to temporary overnight shelters. Presently under the Code, no regulations exists that expressly control the licensing, location, and use of temporary overnight shelters. Thus, the attached Ordinance provides such regulations to ensure the health, safety, and welfare of the citizens of Oak Lawn. Accordingly, the regulations contained in this Ordinance establish licensing procedures for operators of temporary overnight shelters, require a special use permit to locate a temporary overnight shelter in R-3 Multi-Family Residence District, and exempts any currently operating temporary overnight shelter. In addition, this Ordinance regulates occupancy, staffing, and fire safety while creating penalties for violations. Finally, this Ordinance provides limitations on administering medical care, the distribution of food and prohibits certain items inside temporary overnight shelters. This Ordinance has been reviewed by the Legislative, License, and Ethic Committee and thoroughly vetted by the Department of Community Development, Fire Department and Police Department. Therefore, this Ordinance reflects the Village s desire to regulate temporary overnight shelters.

3 THE VILLAGE OF OAK LAWN Cook County, Illinois ORDINANCE NO. AN ORDINANCE GRANTING THE AMENDMENT TO TITLE 4 OF THE VILLAGE CODE OF OAK LAWN TO ALLOW FOR THE ADDITION OF CHAPTER 16: TEMPORARY OVERNIGHT SHELTERS SANDRA BURY, President JANE QUINLAN, Village Clerk TIM DESMOND ALEX G. OLEJNICZAK ROBERT J. STREIT TERRY VORDERER WILLIAM R. STALKER THOMAS E. PHELAN Board of Trustees Published in pamphlet form by authority of the President and Board of Trustees of the Village of Oak Lawn Peterson, Johnson, and Murray Chicago, LLC, Village Attorneys 200 W. Adams, Suite 2125 Chicago, IL 60606

4 VILLAGE OF OAK LAWN Cook County, Illinois ORDINANCE NO. AN ORDINANCE GRANTING THE AMENDMENT TO TITLE 4 OF THE VILLAGE CODE OF OAK LAWN TO ALLOW FOR THE ADDITION OF CHAPTER 16: TEMPORARY OVERNIGHT SHELTERS WHEREAS, Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois provides that any municipality which has a population of more than 25,000 is a home rule unit, and the Village of Oak Lawn, Cook County, Illinois, with a population in excess of 25,000 is, therefore, a home rule unit and, pursuant to the provisions of said Section 6(a) of Article VII, may exercise any power and perform any function pertaining to its government and affairs, including, but not limited to, the power to tax and to incur debt; and WHEREAS, under the current Village Code of Oak Lawn, temporary overnight shelters are not regulated; and WHEREAS, on October 16, 2017, the Planning and Development Commission of the Village of Oak Lawn conducted a public hearing on Petition #2017- relative to a request submitted by the Village of Oak Lawn proposing an Ordinance granting the amendment of Title 4 of the Village Code of Oak Lawn to allow for the addition of Chapter 16: Temporary Overnight Shelters; and WHEREAS, after hearing testimony on the petition, the Planning and Development Commission unanimously voted in favor of recommending to the Village President and Board of Trustees, the Ordinance granting the amendment of Title 4 of the Village Code of Oak Lawn to allow for the addition of Chapter 16: Temporary Overnight Shelters; and WHEREAS, the Village President and Board of Trustees find that it is in the best interest of the public and the Village to revise and update the Village Code to include the regulations of temporary overnight shelters setting requirements for its licensing, site, and structure, as set forth herein and to adopt the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK LAWN, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The foregoing recitals shall be and are hereby incorporated as findings of fact as if said recitals were fully set forth herein. SECTION 2: That Title 4 of the Village Code of Oak Lawn be and is hereby amended by adding Chapter 16: Temporary Overnight Shelters and language as follows:

5 Chapter 16 TEMPORARY OVERNIGHT SHELTERS : PURPOSE: : DEFINITIONS: : SPECIAL USE PERMIT: : LICENSE REQUIRED: : APPLICATION FOR LICENSE: : INSPECTION: : STANDARDS FOR ISSUANCE OF LICENSE: : ANNUAL LICENSE: : LICENSE REVOCATION: : APPEALS: : VIOLATIONS: : MAXIMUM NUMBER OF OCCUPANTS: : ADMISSION AGREEMENT: : RECORDS AND REPORTS: : SUMMARY ACTION: : SEPARATION OF SLEEPING AREAS: : NOT-FOR-PROFIT: : DAYS AND HOURS OF OPERATION: : LIMITED STAY: : OPERATOR S DUTY TO LIMIT STAY: : MEDICAL CARE: : STAFF: : MEANS OF EGRESS: : EVACUATION DIAGRAM TO BE POSTED: : SMOKING MATERIALS PROHIBITED: : AUTOMATIC FIRE ALARM: : FIRE EXTINGUISHERS: : SANITARY REQUIREMENTS: : FOOD PREPARATION PROHIBITED: : OCCUPANCY CERTIFICATE REQUIRED: : REQUIREMENTS FOR OCCUPANCY CERTIFICATE: : LOCATION: : PENALTY FOR VIOLATIONS: : ADDITIONAL RESTRICTIONS AND PROHIBITIONS: : COMPLIANCE WITH LOCAL CODES: : Exemptions : PURPOSE: The purpose of these regulations are to regulate the placement, construction and modification of multi-family residences and to support, foster, and establish standards for licensing and regulation of facilities to provide shelter to persons who are temporarily without permanent

6 housing. Such facilities are designed to provide shelter on an emergency and temporary basis and not intended to be permanent residences or a substitute for permanent residences : DEFINITIONS: Applicant. A person that submits to the Village Manager an application for a license or the renewal of a license to conduct, operate or maintain a shelter under this Chapter. Person. Any public or private corporation, firm, partnership, association, organization, government or any other group acting as a unit, as well as a natural person. Temporary Overnight Shelter. A building, or portion thereof, in which sleeping accommodations are provided for no more than twelve (12) hours per day, for three (3) or more persons who are not related to the owner, operator, manager or other occupants thereof by blood or marriage. Temporary overnight shelter shall not include any hotel or motel, hospital, nursing or personal care facility, single-family dwelling, two (2) family dwelling or multiple-family dwelling as those terms are described in this Code : SPECIAL USE PERMIT: A special use permit for the placement of a temporary overnight shelter is required to place a temporary overnight shelter in the R-3 Multi-Family Residence District. The application for a special use shall be made by both the owner of the premises and any other entity providing significant programming support for the temporary overnight shelter pursuant to following the requirements found in Section : LICENSE REQUIRED: No personnel shall conduct, operate, maintain or permit to be conducted, temporary overnight shelters, operation or maintenance of a shelter for the temporarily homeless within the Village unless the Village has issued a license as provided for in this Chapter and which is in full force and effect : APPLICATION FOR LICENSE: Application for such license shall be made to the Village Manager or his/her designee in such form and manner as may be prescribed by said Village Manager or his/her designee. The application shall be under oath and shall contain: (A) (B) (C) The location of the premises for which a license is sought; The proposed maximum number of persons to be housed in the shelter; The name and address of the applicant if an individual, and if a firm, partnership, corporation or association, the principal address of the entity and name and address of its officers;

7 (D) (E) (F) (G) (H) The name of the person(s) under whose management or supervision the shelter will be conducted; The date of special use approval or the date on which an application for special use was filed with the Village, if application is pending or the date on which the Village Board approved an exemption from that requirement. A statement that it will maintain a policy of affording preference to persons previously residing in the Village of Oak Lawn, in accordance with the requirement imposed by the Zoning Board of Appeals. Guidelines to be utilized for operation of shelter (including but not limited to such policies as admission criteria, procedures for linkage with social service agencies, procedures for termination of stay). Such other information as the Village Manager or his/her designee may require to implement this Chapter : INSPECTION: Upon receipt of an application for a license hereunder, the Village Manager or his/her designee shall cause an inspection to be made of the proposed shelter pursuant to Section of this Code. The applicant shall afford the representative of the Village's department s reasonable opportunity to inspect the applicant's location for which the license is requested and to interview the applicant's agents and employees and any other person within his/her or its custody or control in the particular premises for which a license is being requested. During the term of licensure, the Village Manager or his/her designee may conduct inspections of the shelter at any time without notice to licensee : STANDARDS FOR ISSUANCE OF LICENSE: Upon completion of such inspection, and a review of the application, the Village Manager or his/her designee shall issue an appropriate license to the applicant for the shelter providing the Village Manager or his/her designee finds and determines that the applicant meets the minimum standards of the Fire, Building and Public Health codes and that such conforms to the requirements of this Chapter : ANNUAL LICENSE: The Village Manager or his/her designee shall provide for the issuance and renewal of licenses for shelters. The licenses shall be issued on forms prescribed by the Village Manager. Each license, whether an original or a renewal license, shall expire at the end of one year from the date of its issuance (which date of expiration shall be stated upon its face) unless sooner revoked or surrendered. Licenses shall not be transferable either as to place or as person. The license shall be displayed in a conspicuous place near the main entrance inside the shelter.

8 4-16-9: LICENSE REVOCATION: Whenever the Village Manager or his/her designee determines that a violation has occurred which endangers or threatens the life, health, safety or welfare of the shelter's occupants, the licensee or its employees or agents, or the community, the Village Manager or his/her designee shall revoke the shelter's license by providing twenty four (24) hours' written notice to the shelter, or by taking summary action pursuant to Section of this Chapter. Where determined necessary, said notice shall contain an order for evacuation of the occupants, immediate correction of the violation(s) or such other measures which the Village Manager or his/her designee determines to be required. The Village Manager or his/her designee may also revoke the license of a shelter for any violation that is uncorrected within the time specified by the Village Manager or his/her designee in a notice of violation, or for repeated violations : APPEALS: Whenever the Village Manager or his/her designee refuses to issue a license, renew a license or revokes a license for a shelter, the person aggrieved shall have the right to appeal the decision of the Village Manager's designee to the Village Manager, or has the right to request the Village Manager to reconsider his/her decision. The Village Manager shall grant such person a reasonable opportunity to present in writing, or at the Village Manager's option in open hearing, his/her arguments against such decision. The Village Manager shall consider such arguments and the pertinent facts and shall provide a brief response to the appeal within ten (10) days. The decision of the Village Manager with respect to such appeal or reconsideration shall be final : VIOLATIONS: The Village Manager or his/her designee shall have authority to issue written notices of violations to licensee specifying the particular violations and the time allowed for correction : MAXIMUM NUMBER OF OCCUPANTS: Unless otherwise restricted by the special use permit granted for a specified shelter, or unless specifically exempted from this regulation by the Village Board, the maximum number of occupants permitted to remain in any such shelter shall be computed by dividing the square footage of habitable floor area by eighty (80) (resulting fractions to be disregarded), to a maximum of twenty (25) occupants including staff : ADMISSION AGREEMENT: No owner, operator, or manager of a shelter shall allow a person to occupy a shelter unless said person has signed an agreement stating that he/she understands that the stay is for a temporary period, and does not intend the shelter to be a permanent residence.

9 : RECORDS AND REPORTS: Every licensee shall keep and maintain such records and make such reports to the Village Manager or his/her designee as may reasonably be required to implement this Chapter, including but not limited to a list of names of all persons who stay overnight at the shelter and the dates of the stay. Data from such reports and from applications on file within the Village shall be made available by the Village Manager or his/her designee in accordance with disclosure requirements of the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq : SUMMARY ACTION: Whenever an inspection of a shelter discloses that such shelter is in violation of local codes and poses an immediate and serious menace to public, health, and safety, the Village is hereby authorized to revoke the license and to close the shelter immediately : SEPARATION OF SLEEPING AREAS: Separate sleeping areas shall be provided for men, women, and parents with children, if applicable : NOT-FOR-PROFIT: No person shall own, operate or manage a temporary overnight shelter except on a not-for-profit basis or without charge to the temporary overnight shelter's occupants : DAYS AND HOURS OF OPERATION: A temporary overnight shelter may operate on and between the days of October 1 and April 30 and between the hours of eight o'clock (8:00) P.M and eight o'clock (8:00) A.M. In the event of severely sub-freezing cold weather or any other such emergency creating an imminent danger to persons continually exposed to the natural elements, the Village Manager may temporarily extend the operating days or hours of temporary overnight shelters provided that any such extension does not extend the permitted days of operation by more than seven (7) days or the hours of operation for more than seventy two (72) consecutive hours : LIMITED STAY: No person shall remain in any temporary overnight shelter for a period in excess of twelve (12) consecutive hours : OPERATOR'S DUTY TO LIMIT STAY: No owner, operator or manager of a temporary overnight shelter shall allow any person to remain in the temporary overnight shelter for a period in excess of twelve (12) consecutive hours.

10 : MEDICAL CARE: It shall be unlawful for any person to provide, as part of the regular accommodations or services of any temporary overnight shelter, any medical care or treatment, nursing care or other healthrelated care. Nothing contained within this Section shall prohibit any person from obtaining emergency medical care or treatment for any occupant of a temporary overnight shelter in the event of an emergency : STAFF: Each temporary overnight shelter shall be staffed as follows: A. In a temporary overnight shelter with a capacity not in excess of twenty-five (25) persons (including staff), at least one staff member on duty for each five (5) occupants. B. Each shelter shall be staffed with at least two (2) persons on duty and awake during operating hours. One of these persons shall be designated as night supervisor and shall be responsible for administration of the shelter during this time period : MEANS OF EGRESS: Temporary overnight shelters shall provide means of egress in accordance with Section of this Code : EVACUATION DIAGRAM TO BE POSTED: A diagram illustrating evacuation of the floor and of the temporary overnight shelter in the event of an emergency shall be posted on each floor of the temporary overnight shelter. The diagram shall measure no less than twenty inches (20") square, and shall be posted in a place and manner where it will be readily visible to occupants : SMOKING MATERIALS PROHIBITED: No person shall use smoking materials in any temporary overnight shelter : AUTOMATIC FIRE ALARM: It shall be the responsibility of the alarm user to install, test, inspect and maintain an approved fire alarm system in an operative condition at all times, in compliance with all village adopted codes including the international building code, 2012 edition, the international fire code, 2012 edition and the NFPA 72 national fire alarm code, 2010 edition.

11 An approved fire alarm system shall consist of smoke detectors, heat detectors, manual alarminitiating devices, sprinkler water flow detectors and tamper switches (if applicable), audible and visible notification appliances and annunciation at fire department point of entry. The approved fire alarm system shall provide complete coverage of the building and shall comply with all applicable codes. In addition: 1. Addressable fire alarm systems shall be installed, unless other application/installation approved by the fire code official. 2. Visible notification appliances shall remain active (flashing) when the automatic and manual fire alarm system is silenced. 3. Exterior waterproof visible notification appliance shall be installed in an approved location on the address-side of the building or other location approved by the fire code official. 4. Activated duct smoke detectors shall initiate a supervisory signal at a constantly attended location. 5. An approved key box shall be installed according to the following: a. An approved key box shall be installed on all commercial buildings and all Group R- 2 occupancies containing (3) or more dwelling units. The key box shall be obtained from the fire department s designated agent, and shall contain keys to gain necessary access as required by the fire code official. b. The key box shall be installed in an approved location in close proximity to the main entrance or where readily accessible and immediately available for use by fire department personnel. The bottom of the key box shall be mounted no less than sixty (60) inches from ground level and the top of the key box shall be mounted no more than seventy-two (72) inches from ground level. 6. A detailed zone/device map shall be posted next to the fire alarm control panel and annunciator panel (if applicable). A copy of said maps shall be submitted to the fire department for approval. An acceptable zone map shall include the following information: a. Minimum size of 81/2" x 11" and shall be clear and legible. b. Framed and mounted or protected by other acceptable means. c. Simplified floor plan map showing zone/device locations. d. Map shall indicate location of alarm panel and annunciator panels and all addressable devices and related controls. If symbols are used, a symbol legend shall be provided.

12 7. Approved fire alarm systems shall be installed in compliance with the NFPA 70 - national electrical code (NEC), 2011 edition. Exception: The installation of an approved automatic fire alarm system in all educational occupancies, institutional occupancy groups I-2, I-3 and I-4 and any other occupancy deemed necessary by the AHJ shall be enclosed completely within metallic conduit. 8. All approved fire alarm systems shall transmit trouble, supervisory, and fire signals directly to the Oak Lawn emergency communications center remote supervising station via a wireless radio transceiver installed and maintained in accordance with NFPA 72 - national fire alarm code, 2010 edition and international building code, chapter 9 - fire protection systems, 2012 edition. All alarm contractors, alarm businesses and alarm supervising stations shall be approved by the fire code official. 9. The fire alarm contractor supervising the automatic fire alarm system design and installation shall be licensed by the state of Illinois department of professional regulations, per the Illinois private detective, private alarm, private security and locksmith act of : FIRE EXTINGUISHERS: Fire extinguishers shall be installed and maintained in each temporary overnight shelter in accordance with the standards established by the International Fire Code and of this Code : SANITARY REQUIREMENTS: Each temporary overnight shelter shall provide a minimum of one bathroom : FOOD PREPARATION PROHIBITED: No person shall engage in the preparation of food within a temporary overnight shelter : OCCUPANCY CERTIFICATE REQUIRED: No person shall own, operate or manage a temporary overnight shelter without first obtaining an occupancy certificate from the Village. Occupancy certificates shall be applied for and issued annually for the operation of temporary overnight shelters between the days of October 1 and April 30 and between the hours of eight o'clock (8:00) P.M and eight o'clock (8:00) A.M. The Village Manager, or his/her designee shall issue the occupancy certificate pursuant to of this Code, after the Village's inspection of the premises confirms that the temporary overnight shelter complies with the applicable provisions of this Chapter : REQUIREMENTS FOR OCCUPANCY CERTIFICATE: Temporary overnight shelters shall be subject to the following standards: 1. No temporary overnight shelter shall be located within one thousand (1,000) feet of any other temporary overnight shelter unless the Village makes a specific finding that the cumulative effect of such location would not violate paragraph 2 below.

13 2. Each temporary overnight shelter shall be designed so that the entrances and exits, exterior lighting, and parking facilities will minimize traffic congestion, pedestrian hazards and adverse impacts on adjoining properties. The amount of noise to be generated shall not interfere with the quiet use and enjoyment of neighboring properties. 3. All temporary overnight shelters must comply with all federal, state and local requirements, including but not limited to licensing, health, safety, building code requirements, and all applicable sections of this Code. 4. In conjunction with the special use authorizing a temporary overnight shelter, the owner of the premises and any entity providing significant programming support for a temporary overnight shelter shall first be required to obtain a license for the operation of a temporary overnight shelter from the Village. 5. Application for a special use shall be made by both the owner of the premises and any other entity providing significant programing support for the temporary overnight shelter. 6. The owner of the premises and entity providing significant programming support for a temporary overnight shelter must, at all times, retain the license in full force and effect. If at any time the license lapses, the special use shall terminate. 7. A temporary overnight shelter shall not be located within five hundred (500) feet of a child day care, nursery school or grammar school : LOCATION: A temporary overnight shelter shall be placed within the R-3 Multi-Family Residence District. The temporary overnight shelter shall also be subject to the requirements in Section 4-5C of this Code : PENALTY FOR VIOLATIONS: Any person who violates any provision of this Chapter shall be fined not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00) for each such violation. Each day that a violation continues to exist shall constitute a separate and distinct offense. These provisions shall not apply to use of a premises for occasional overnight events sponsored by the organization that owns the premises : ADDITIONAL RESTRICTIONS AND PROHIBITIONS: (A) It shall be unlawful for any person to provide as part of the regular accommodations or services of any shelter for the homeless, any medical care or treatment, nursing care or other health related care. Nothing contained herein shall prohibit any person from

14 obtaining emergency medical care or treatment for any occupant of such shelter in the event of an emergency. (B) (C) No owner, operator, or manager shall knowingly allow a shelter occupant to bring weapons, alcohol, or unprescribed drugs into the shelter. No owner, operator, or manager shall allow shelter occupants to store personal belongings at the shelter during the hours in which the shelter is not in operation : COMPLIANCE WITH LOCAL CODES: The premises used as shelters as defined herein shall comply with the Fire, Building and Public Health codes for the type of structure being utilized and with any other requirements of this Chapter : EXEMPTIONS Notwithstanding anything to the contrary contained in this Chapter, the licensing and special use requirements of this Chapter shall not apply or be imposed upon any currently existing temporary overnight shelter following the passage of this Ordinance. In addition, such exemption status shall be effective immediately following the passage of this Ordinance. However, this exemption shall not apply where any temporary overnight shelter is found to be in violation of any of the Fire, Building and Public Health codes. SECTION 3: Any policy, resolution or ordinance of the Village that conflicts with the provisions of this Ordinance shall be and is hereby repealed to the extent of such conflict. SECTION 4: The invalidity of any section or provision of this Ordinance hereby passed and approved shall not invalidate other sections or provisions thereof. SECTION 5: That this Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law.

15 PASSED THIS 24 th day of October, AYES: NAYS: ABSENT: APPROVED THIS 24 th day of October, VILLAGE PRESIDENT ATTEST: VILLAGE CLERK

16 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) CERTIFICATE I, JANE QUINLAN, Village Clerk of the Village of Oak Lawn, County of Cook and State of Illinois, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No., AN ORDINANCE GRANTING THE AMENDMENT TO TITLE 4 OF THE VILLAGE CODE OF OAK LAWN TO ALLOW FOR THE ADDITION OF CHAPTER 16: TEMPORARY OVERNIGHT SHELTERS, which was adopted by the President and Board of Trustees of the Village of Oak Lawn on October 24, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Lawn this 24 th day of October, JANE QUINLAN, VILLAGE CLERK