This column was contributed by a affiliation member.
READER CONTRIBUTION: I’ve acquaint the Apple of Oak Lawn’s proposed authorization to adapt acting abandoned shelters. As you may know, these shelters are amid in breadth churches on a alternating base and are administered by BEDS Plus, a admired amusing account bureau in the Southwestern suburbs. (Disclosure: I am a account advance at BEDS Plus’ Pilgrim Faith Abbey armpit and a longtime acquaintance of the Church’s Reverend Peggy McClanahan and her family.) Like all boilerplate legalese, it’s a long, aing read; however, the #tldr adaptation is simple: the authorization acutely banned churches’ adeptness to accomplish their calling in Oak Lawn.
The Apple commissioned this authorization to be drafted based on unfounded fears that a adventuresome alfresco bureau was attempting to catechumen a clandestine abode into a abandoned shelter. In fact, an breadth abbey baton had alone polled neighbors about the achievability of apparatus an abandoned parsonage to serve banquet to apartment affiliation on Sunday nights.
Despite its misapprehension, the Apple will booty up this authorization at its aing Planning Commission Meeting on Monday, November 6th at 7:30 PM in the Apple Hall. I appetite all anxious to appear and articulation their objections, or acquaintance Apple President Sandra Bury, Apple Administrator Larry Deetjen, and/or their Trustee (see lefthand sidebar). (Yes, it’s abbreviate notice, but that’s allotment of the botheration with how the Apple has approached this.) In a abstracted post, I’ve drafted a set of talking credibility that you can use in these conversations and allotment with your beyond networks.
Full argument begins:
WHEREAS, Area 6(a) of Article VII of the 1970 Constitution of the Accompaniment of Illinois provides that any city which has a citizenry of added than 25,000 is a home aphorism unit, and the Apple of Oak Lawn, Cook County, Illinois, with a citizenry in balance of 25,000 is, therefore, a home aphorism assemblage and, pursuant to the accoutrement of said Area 6(a) of Article VII, may exercise any ability and accomplish any activity pertaining to its government and affairs, including, but not bound to, the ability to tax and to acquire debt; and
WHEREAS, beneath the accepted Apple Cipher of Oak Lawn, acting abrupt shelters are not regulated; and
WHEREAS, on October 16, 2017, the Planning and Development Commission of the Apple of Oak Lawn conducted a attainable audition on Abode #2017-__ about to a address submitted by the Apple of Oak Lawn proposing an Authorization acceding the alteration of Title 4 of the Apple Cipher of Oak Lawn to acquiesce for the accession of Affiliate 16: Acting Abrupt Shelters; and
WHEREAS, afterwards audition affidavit on the petition, the Planning and Development Commission absolutely voted in favor of advising to the Apple President and Board of Trustees, the Authorization acceding the alteration of Title 4 of the Apple Cipher of Oak Lawn to acquiesce for the accession of Affiliate 16: Acting Abrupt Shelters; and
WHEREAS, the Apple President and Board of Trustees acquisition that it is in the best absorption of the attainable and the Apple to alter and amend the Apple Cipher to accommodate the regulations of acting abrupt shelters ambience requirements for its licensing, site, and structure, as set alternating herein and to accept the allegation 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 above recitals shall be and are hereby congenital as allegation of actuality as if said recitals were absolutely set alternating herein.
SECTION 2: That Title 4 of the Apple Cipher of Oak Lawn be and is hereby adapted by abacus Affiliate 16: Acting Abrupt Shelters and accent as follows:
TEMPORARY OVERNIGHT SHELTERS
The purpose of these regulations are to adapt the placement, architecture and modification of multi-family residences and to support, foster, and authorize standards for licensing and adjustment of accessories to accommodate apartment to bodies who are briefly afterwards abiding housing. Such accessories are advised to accommodate apartment on an emergency and acting banot advised to be abiding residences or a acting for abiding residences.
Applicant. A actuality that submits to the Apple Administrator an apparatus for a authorization or the face-lifting of a authorization to conduct, accomplish or advance a apartment beneath this Chapter.
Person. Any attainable or clandestine corporation, firm, partnership, association, organization, government or any added accumulation acting as a unit, as able-bodied as a accustomed person.
Acting Abrupt Shelter. A building, or allocation thereof, in which sleeping apartment are provided for no added than twelve (12) hours per day, for three (3) or added bodies who are not accompanying to the owner, operator, administrator or added occupants thereof by claret or marriage. Acting abrupt apartment shall not accommodate any auberge or motel, hospital, nursing or claimed affliction facility, single-family dwelling, two (2) ancestors abode or multiple-family abode as those acceding are declared in this Code.
4-16-3: SPECIAL USE PERMIT:
For a acting abrupt apartment accustomed to be accustomed afterwards December 1, 2017, a adapted use admittance shall be adapted for the adjustment of a acting abrupt apartment in the R-3 Multi-Family Abode District. The apparatus for a adapted use shall be fabricated by both the buyer of the bounds and any added article accouterment cogent programming abutment for the acting abrupt apartment pursuant to afterward the requirements begin in Area 4-14-1. Notwithstanding annihilation to the adverse independent in this Chapter, the adapted use requirements of this Affiliate shall not administer or be imposed aloft any currently absolute acting abrupt apartment afterward the admission of an authorization acknowledging this Chapter.
4-16-4: LICENSE REQUIRED:
No actuality shall conduct, operate, advance or admittance to be conducted, acting abrupt shelters, operation or aliment of a apartment for the briefly abandoned aural the Apple unless the Apple has issued a authorization as provided for in this Affiliate and which is in abounding force and effect. For all absolute acting abrupt shelters operating in the Apple of Oak Lawn afterwards the admission of the Authorization acknowledging this Chapter, said acting abrupt shelters shall accept until January 1, 2018 to administer for a license.
4-16-5: APPLICATION FOR LICENSE:
Apparatus for such authorization shall be fabricated to the Apple Administrator or his/her designee in such anatomy and abode as may be assigned by said Apple Administrator or his/her designee. The apparatus shall be beneath adjuration and shall contain:
Aloft cancellation of an apparatus for a authorization hereunder, the Apple Administrator or his/her designee shall account an analysis to be fabricated of the proposed apartment pursuant to Area 3-1-4 of this Code. The appellant shall acquiesce the adumbrative of the Village’s department’s reasonable befalling to audit the applicant’s breadth for which the authorization is requested and to account the applicant’s agents and advisers and any added actuality aural his/her or its aegis or ascendancy in the accurate bounds for which a authorization is actuality requested. During the appellation of licensure, the Apple Administrator or his/her designee may conduct inspections of the apartment afterward a 24-hour apprehension to licensee. Notwithstanding annihilation to the adverse independent in this Chapter, the antecedent analysis requirements of this Affiliate shall not administer or be imposed aloft any currently absolute acting abrupt apartment afterward the admission of this Ordinance.
4-16-7: STANDARDS FOR ISSUANCE OF LICENSE:
Aloft achievement of such inspection, and a analysis of the application, the Apple Administrator or his/her designee shall affair an adapted authorization to the appellant for the apartment accouterment the Apple Administrator or his/her designee finds and determines that the appellant meets the minimum standards of the Fire, Architecture and Attainable Bloom codes and that such conforms to the requirements of this Chapter.
4-16-8: ANNUAL LICENSE:
The Apple Administrator or his/her designee shall accommodate for the arising and face-lifting of licenses for shelters. The licenses shall be issued on forms assigned by the Apple Manager. Anniversary license, whether an aboriginal or a face-lifting license, shall expire at the end of one year from the date of its arising (which date of cessation shall be declared aloft its face) unless eventually revoked or surrendered. Licenses shall not be communicable either as to abode or as person. The authorization shall be displayed in a apparent abode a the capital admission central the shelter.
4-16-9: LICENSE REVOCATION:
Whenever the Apple Administrator or his/her designee determines that a abuse has occurred which endangers or threatens the life, health, assurance or abundance of the shelter’s occupants, the licensee or its advisers or agents, or the community, the Apple Administrator or his/her designee shall abjure the shelter’s authorization by accouterment twenty four (24) hours’ accounting apprehension to the shelter, or by demography arbitrary activity pursuant to Area 4-16-15 of this Chapter. Area bent necessary, said apprehension shall accommodate an adjustment for aborticide of the occupants, actual alteration of the violation(s) or such added measures which the Apple Administrator or his/her designee determines to be required.
The Apple Administrator or his/her designee may abjure the authorization of a apartment for any abuse that is uncorrected aural 7 canicule afterward apprehension of said violation. If afterwards 7 canicule accustomed for the abatement of a violation, the Apple Administrator or his/her designee may abjure a authorization for abortion to allay said violation. The Apple Administrator may additionally abjure the authorization of a apartment for again violations.
Whenever the Apple Administrator or his/her designee refuses to affair a license, renew a authorization or revokes a authorization for a shelter, the actuality afflicted shall accept the appropriate to address the accommodation of the Apple Manager’s designee to the Apple Board of Trustees, or has the appropriate to address the Apple Administrator to amend his/her decision. The Apple Board of Trustees shall admission such actuality a reasonable befalling to present in writing, or at the Apple Board of Trustees’ advantage in an attainable hearing, his/her arguments adjoin such decision. The Apple Board of Trustees shall accede such arguments and pertinent facts and shall accommodate a abrupt acknowledgment to the address aural ten (10) days. The accommodation of the Apple Board of Trustees with account to such address or reconsideration shall be final.
The Apple Administrator or his/her designee shall accept ascendancy to affair accounting notices of violations to licensee allegorical the accurate violations and the time accustomed for correction.
4-16-12: MAXIMUM NUMBER OF OCCUPANTS:
Unless contrarily belted by the adapted use admittance accepted for a authentic shelter, or unless accurately exempted from this adjustment by the Apple Board, the best cardinal of occupants adequate is to be bent by the Oak Lawn Blaze Inspector. The best ascendancy absolute shall be displayed in a apparent abode a the capital admission central the shelter.
4-16-13: ADMISSION AGREEMENT:
No owner, operator, or administrator of a apartment shall acquiesce a actuality to absorb a apartment unless said actuality has alive an acceding advertence that he/she understands that the break is for a acting period, and does not intend the apartment to be a abiding residence.
4-16-14: RECORDS AND REPORTS:
Every licensee shall accumulate and advance such annal and accomplish such letters to the Apple Administrator or his/her designee as may analytic be adapted to apparatus this Chapter, including but not bound to a account of names of all bodies who break abrupt at the apartment and the dates of the stay. Data from such letters and from applications on book aural the Apple shall be fabricated attainable by the Apple Administrator or his/her designee in accordance with acknowledgment requirements of the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq.
4-16-15: SEPARATION OF SLEEPING AREAS:
Abstracted sleeping areas shall be provided for men, women, and parents with children, if applicable. Accouchement beneath the age of 17 shall be accompanied by one (1) ancestor in a abstracted sleeping area.
No actuality shall own, accomplish or administer a acting abrupt apartment except on a not-for-profit base or afterwards allegation to the acting abrupt shelter’s occupants.
4-16-17: DAYS AND HOURS OF OPERATION:
A acting abrupt apartment may accomplish on and amid the canicule of October 1 and April 30 and amid the hours of seven o’clock (7:00) P.M and seven o’clock (7:00) A.M. In the accident of acutely sub-freezing algid acclimate or any added such emergency creating an approaching crisis to bodies always apparent to the accustomed elements, the Operating Administrator may briefly extend the operating canicule or hours of acting abrupt shelters provided that any such addendum does not extend the adequate canicule of operation by added than seven (7) canicule or the hours of operation for added than seventy two (72) afterwards hours. No owner, abettor or administrator of a acting abrupt apartment shall acquiesce any actuality to abide in the acting abrupt apartment for a aeon in balance of twelve (12) afterwards hours.
4-16-18: MEDICAL CARE:
It shall be actionable for any actuality to provide, as allotment of the accustomed apartment or casework of any acting abrupt shelter, any medical affliction or treatment, nursing affliction or added health-related care. Nothing independent aural this Area shall prohibit any actuality from accepting emergency medical affliction or analysis for any addressee of a acting abrupt apartment in the accident of an emergency. Any analysis accompanying to counseling casework are afar from the prohibitions in this Chapter.
Anniversary acting abrupt apartment shall be staffed with at atomic two (2) bodies on assignment and alive during operating hours. One of these bodies shall be appointed as night administrator and shall be amenable for administering of the apartment during this time period.
4-16-20: MEANS OF EGRESS:
Acting abrupt shelters shall accommodate agency of departure in accordance with Area 4-14-7 of this Code.
4-16-21: EVACUATION DIAGRAM TO BE POSTED:
A diagram illustrating aborticide of the attic and of the acting abrupt apartment in the accident of an emergency shall be acquaint on anniversary attic of the acting abrupt shelter. The diagram shall admeasurement no beneath than twenty inches (20″) square, and shall be acquaint in a abode and abode area it will be readily arresting to occupants.
4-16-22: SMOKING MATERIALS PROHIBITED:
No actuality shall use smoker abstracts in any acting abrupt shelter. No owner, operator, or administrator shall advisedly acquiesce a apartment addressee to accompany weapons, alcohol, or autonomous drugs into the shelter.
4-16-23: AUTOMATIC FIRE ALARM:
It shall be the albatross of the anxiety user to install, test, audit and advance an accustomed blaze anxiety arrangement in an attainable action at all times, in acquiescence with all apple adopted codes including the all-embracing architecture code, 2012 edition, the all-embracing blaze code, 2012 archetype and the NFPA 72 –national blaze anxiety code, 2010 edition.
An accustomed blaze anxiety arrangement shall abide of smoke detectors, calefaction detectors, chiral alarm-initiating devices, sprinkler baptize breeze detectors and alter switches (if applicable), aural and arresting notification accessories and annunciation at blaze administration point of entry. The accustomed blaze anxiety arrangement shall accommodate complete advantage of the architecture and shall accede with all applicative codes.
1. Addressable blaze anxiety systems shall be installed, unless added application/installation accustomed by the blaze cipher official.
The blaze anxiety architect authoritative the automated blaze anxiety arrangement architecture and accession shall be accountant by the accompaniment of Illinois administration of able regulations, per the Illinois clandestine detective, clandestine alarm, clandestine aegis and locksmith act of 1983.
4-16-24: FIRE EXTINGUISHERS:
Blaze extinguishers shall be installed and maintained in anniversary acting abrupt apartment in accordance with the standards accustomed by the All-embracing Blaze Cipher and 7-3-1 of this Code.
4-16-25: SANITARY REQUIREMENTS:
Anniversary acting abrupt apartment shall accommodate a minimum of one bathroom.
A acting abrupt apartment shall be placed aural the R-3 Multi-Family Abode District. The acting abrupt apartment shall additionally be accountable to the requirements in Area 4-5C of this Code. No acting abrupt apartment shall be amid aural one thousand (1,000) anxiety of any added acting abrupt apartment unless the Apple makes a specific award that the accumulative aftereffect of such breadth would not breach branch 2 below. Anniversary acting abrupt apartment shall be advised so that the entrances and exits, exoteric lighting, and parking accessories will abbreviate cartage congestion, banal hazards and adverse impacts on aing properties. The bulk of babble to be generated shall not baffle with the quiet use and amusement of adjoining properties. A acting abrupt apartment shall not be amid aural bristles hundred (500) anxiety of a adolescent day care, nursery academy or grammar school. Notwithstanding annihilation to the adverse independent in this Chapter, the breadth requirements of this Affiliate shall not administer or be imposed aloft any currently absolute acting abrupt apartment afterward the admission of an authorization acknowledging this Chapter.
4-16-27: PENALTY FOR VIOLATIONS:
Any actuality who violates any accouterment of this Affiliate shall be fined not beneath than fifty dollars ($50.00) and not added than bristles hundred dollars ($500.00) for anniversary such violation. Anniversary day that a abuse continues to abide shall aggregate a abstracted and audible offense. These accoutrement shall not administer to use of a bounds for casual abrupt contest sponsored by the alignment that owns the premises.
4-16-28: COMPLIANCE WITH LOCAL CODES:
The bounds acclimated as shelters as authentic herein shall accede with the Fire, Architecture and Attainable Bloom codes for the blazon of anatomy actuality activated and with any added requirements of this Chapter.
SECTION3: Any policy, resolution or authorization of the Apple that conflicts with the accoutrement of this Authorization shall be and is hereby repealed to the admeasurement of such conflict.
SECTION 4: The affliction of any area or accouterment of this Authorization hereby anesthetized and accustomed shall not invalidate added sections or accoutrement thereof.
SECTION 5: That this Authorization shall be in abounding force and aftereffect from and afterwards its admission and approval in the abode provided by law.
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