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HomeMy WebLinkAbout2011-03-14 AgendaI . Call to Order 2. Pledge of Allegiance 3. Roll Call 4. 5 6. 7. 8. 9. 10. Approval of Minutes — Special Meeting of December 10, 2012 Regular Meeting of December 10, 2012 Special Reports a. Swearing in Ceremony for New Firefighter /Paramedic Brandon L. Patchett by Fire and Police Commission Chairperson Michael Simkins b. Plan Commission Case PC] 2-08 requesting text amendments to Sections 12 -4-3 and 12 -17 -1 of the Unified Development Code of the Village of Morton Grove will be Presented by Plan Commission Chairperson Ronald Farkas Public bearings Residents' Comments (agenda items only) President's Report— Administration. Northwest Municipal Conference, Council gfMayors, TIF Committee, Capital Projects, Real Estate Committee Clerk's Report — Legal, Cable and Telecommunications Commission Staff Reports a. Village Administrator b. Corporation Counsel 11. Reports by Trustees a. Trustee DiMaria — Fire Department, Emergency Management Agency, RED Center, NIPSTA, Police and Fire Commission (Trustee Grear) b. Trustee Gomberg — Police Department, Environmental Health, Police and Fire Commission, IT Communications (Trustee Marcus) 11. Reports by Trustees (continued) C. Trustee gear— Community and Economic Develootnent Department, Chamber of Commerce, Waukegan Road TIF Review, Lehigh /Ferris 7V Review, Dempster Street Corridor Plan, Real Estate Committee, Comprehensive Plan, Economic Development (Trustee DiMaria) Resolution 13 -63 ( lntroduced January 14, 2013) Appointing a Director and Alternate Director to the Solid Waste Agency of Northern Cook County d. Trustee Marcus — Puhlic Works Department, Condominium Association, Community Relations Commission, Solid Waste Agency gf'Northern Cook County. Natural Resource Commission, Traffic Safely Commission (Trustee Thill) e. Trustee'1'hill — Building Department, Appearance Commission, Capital Projects, Plan Commission /Zoning Board of Appeals (Trustee Toth) Resolution 13 -01 (Introduced.lanuory 14, 2013) Authorizing the Execution of a Professional Services Agreement with Ayres Associates, Inc. for 2013 Aerial Photogrammetric Mapping 3) Ordinance B -01 (Introduced January 14, 2013) (First Reading) Amending the Village's Unified Development Code, Sections 12 -4 -31) and 12 -17 -1 to Modify Allowable Commercial Uses in the C -1, C -2 and C/R Districts and Update Selected Commercial Definitions f. Trustee Toth — Finance Department, Finance Advisory Commission, Northwest Municipal Conference, Advisor) Commission on Aging Family and Senior Services Department (Trustee Gomberg) I) Ordinance 12 -37 (Introduced December 10, 2012) (Second Reading) Amending "Title 10, Chapter 10 of the Village of Morton Grove Municipal Code Entitled ign Regulations" 12. Other Business 13. Presentation of Warrants for December 24, 2012 $ 823,513.37 for . January 14, 2013 S 780,764.40 1 604.277 77 14. Residents' Comments 15. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 16. Adjournment - To ensure, hill accessrbrlily and egn(jl parriciparion for al/ interested citizens, individuals with disabilities who plan to anend and who require certain acconrmodattons in order to observe and /or participate in this meet ingy, or who have questions regardim the accembihiv oJthew jocilniv' are requested m contact Susan at Marlene (8x7/470 -5220) promptly to ullma the Village to rualre reaeonablc accommodations, MINUTES OF THE DECEMBER I0, 2012, SPECIAL MEETING OF THE BOARD OF TRUSTEES RICHARD T. FLICKINGER MUNICIPAL CENTER 6101 CAPULINA AVENUE MORTON GROVE, ILLINOIS 60053 Pursuant to proper notice in accordance with the Open Meetings Act, the special meeting was called to order at 6:03 pm by Village President Daniel J. Staackmann who led the assemblage in the pledge of allegiance. Clerk Tony S. Kalogerakos called the roll. In attendance were: Elected Officials: Mayor Daniel J. Staackmann, and Trustees Daniel DiMaria, Larry Gomberg, William Grear, Sheldon Marcus. John Thill_ and Maria Toth Absent: None Village Staff: Village Administrator Ryan J. Horne and Corporation Counsel Teresa Hoffman Liston Also Present: None Mayor Staaekmarm stated the topics of the meeting were to discuss pending litigation, personnel, and real estate matters. These topics are appropriate for Executive Session. Trustee DiMaria then moved to adjourn to Executive Session to discuss pending litigation, personnel, and real estate matters. The motion was seconded by Trustee Marcus and approved unanimously pursuant to a roll call vote at 631 pm. At the close of the Executive Session, Trustee. DiMaria moved to adjourn the Special Meeting. The motion was seconded by "Trustee Marcus and approved unanimously pursuant to a voice vote at 6:56 pm. Minutes by Tony S. Kalogerakos, Village Clerk Richard T. Flickinger Municipal Center 61.01 Caputina Avenue • Morton Grove, Illinois 60053 -29 85 Tel: ( 847) 965 -4100 Pax: ( 847) 965 -4162 CALL TO ORDER I & Vilage President Dan Staackmann called the meeting to order at 7:00 p.m. and led the II. assemblage in the Pledge of Allegiance. He then directed the Clerk to call the roll. III. Village Clerk Tony Kalogerakos called the roll. Present were: Trustees Dan DiMaria, Larry Gomberg, Bill Grear, Shel Marcus, John Thill, and Maria Toth. IV. -s s a. Regarding the Minutes of the Special Meeting /Budget Workshop of November 20, 2012, Trustee DiMaria moved, seconded by Trustee Grear, to accept the Minutes as presented. Motion passed unanimously via voice vote b. Regarding the Minutes of the November 26, 2012 Special Meeting, Trustee DiMaria moved to accept the Minutes as presented, seconded by Trustee Marcus. Motion passed unanimously via voice vote. c. Regarding the Minutes of the November 26, 2012 Regular Board Meeting, Trustee DiMaria moved, seconded by Trustee Toth, to accept the Minutes as presented. Motion passed unanimously via voice vote. V. SPECIAL REPORTS NONE VI. PUBLIC HEARINGS 2012 Tax Levy and Budget Request for the 2013 Calendar Year Village Administrator Ryan Horne noted that, in preparation for the 2013 Budget, three Budget Workshops had been held, the first was on October 22, 2012 and two more subsequently. Each was open to the public. The Budget Ordinance had its first reading on November 26, 2012. It was reviewed by the Finance Advisory Commission on December 5, 2012. There is no net increase in the Village's tax levy. Minutes of December 10, 2012Hosrd MeeUkl Vi. PUBLIC HEARINGS (continued) Mr. Horne explained that the Village must levy a certain amount of money but these amounts will actually be paid out of various other Village funds; therefore, a number of tax abatement resolutions are on tonight's Agenda. There were no comments from the Board or the assemblage. Trustee DiMaria moved to close the Public Hearing, seconded by Trustee Toth. Motion passed: 6 ayes, 0 nays. Tr. DiMaria save Tr. Gomberg ave Tr. Grear ave Tr. Marcus ave Tr. Thill ave Tr. Toth acre VII. RESIDENTS' COMMENTS (Agenda Items Only) NONE VIII. PRESIDENT'S REPORT Mayor Staackmann displayed an article from a recent Chicago Tribune which talked about the high cost of municipal borrowing. He noted that there used to be a law prohibiting municipali- ties from borrowing over 5% of their tax base. That law is no longer on the books. Mayor Staackmann said was proud to say that Morton Grove is at the low end of that scale (although not listed in the article) at 2.3% of its tax base. 2. Mayor Staackmann introduced Resolution 12 -81, Authorizing the Execution of An Agreement Between the Village of Morton Grove and Liturgical Publications, Inc. For Publication of a Bi- Monthly Village Newsletter. He explained that the Village currently produces a quarterly newsletter which is distributed to residents and local businesses throughout the community. Liturgical Publications, Inc. is willing to print a bi- monthly Village newsletter for no cost to the Village. Instead, it will sell ads for the newsletter and the Village will receive a rebate of 30% of the ad sales revenue in excess of $20,500 per publication year beginning in March 2014. The company is seeking a five -year contract which could be cancelled with one year advance notice; however, Village staff is recommending the contract be revised to that it may be cancelled at the option of the Village with one hundred twenty (120) days' notice. This agreement will save the Village approximately $12,000 annually. Mayor Staackmann asked the Board for a motion to approve this resolution. Trustee DiMaria so moved, seconded by Trustee Grear. b. Trustee Marcus was concerned about allowing a vendor to sell ads in a Village publication; he felt there might be a liability issue. He noted that when the Village purchased some buildings in the Lehigh - Ferris TIP District, it was adamant about not letting the tenants stay in the buildings because of future potential liability. He felt this was a similar situation. C Trustee Marcus said he believes that enhancing the Village's communications with its residents is a good thing, but did not feel that having a vendor selling ads in a Village publica- tion was the way to go. Vlll. „ • [, Minutes of December Mn2,012 Board Mwfi PRESIDENT'S REPORT (continued) d. Trustee Grear asked if Corporation Counsel Liston could elaborate on the legality of what the Village was considering in this resolution. e. Ms. Liston asked for clarification if Trustee Marcus' concerns were whether this is a legal arrangement. He responded that his concern was more that it's been the Village's policy to avoid potential liability and since the newsletter has the Village's name on it, he was ccncerned. f. Ms. Liston said the contract gives the Village the ultimate right to approve or disapprove any ads — either the nature of the ad itself or the advertiser. Liturgical Publications prints church bulletins so they are sensitive about the types of advertising and advertisers they accept. Village staff checked their references, which were fine. g. Trustee DiMana had a copy of the Mundelein newsletter, which is done by Liturgical Publica- tions. He said tt looked to him like the ads were pretty much from local businesses, which he thought was great. The newsletter itself was tasteful and very well done. Trustee Marcus still had concerns and felt the Board should be cautious. Mayor Staackmann said that it's legal and the village reserves the right to approve os disapprove any ads or advertisers, so he felt it was a good way to increase communication while saving money. He called for the vote on Resolution 12 -81. Motion passed: 5 ayes, 1 nay. Tr. DiMaria acre Tr. Gomberg acre Tr. Grear acre Tr. Marcus nay Tr. Thill aye Tr. Toth aae 3 Next, Mayor Staackmann established the Village Board Meeting dates for Calendar Year 2013. All meetings begin at 7:00 p.m. The dates are as follows: January 14 and 28 February 11 and 25 March 11 and 25 April 8 and 22 May 13 (May 27 cancelled) June 10 and 24 July 8 (July 22 cancelled) August 12 (August 26 cancelled) September 9 and 23 October 14 and 28 November 11 and 25 December 9 Trustee Grear asked if the Board wants to hold a meeting on a date where the meeting has been cancelled, could it do so? Mayor Staackmann said the Village could do so as long as it followed the appropriate provisions of the Open Meetings Act (post notice of the meeting 48 hours in advance). The meeting would then be treated as a Special Meeting of the Board. 4. Mayor Staackmann then sought concurrence for his appointments of the following people to chair the designated Village boards and commissions: Alice Rupkey, Advisory Commission on Aging Deanna Gotta, Appearance Commission Ron Fine, Cable and Telecommunications Commission Samina Hussain, Community Relations Commission David Lewis, Economic Development Commission Minutes ofDoce eber 1,0, 2012.Boartl meelilh'; Vill. PRESIDENT'S REPORT (continued) Georqianne Brunner. Board of Environmental Health Doug Steinman, Finance Advisory Commission Michael Simkins, Fire and Police Commission Grant Gilbert, Natural Resources Commission Ron Farkas, Plan Commission /Zoning Board of Appeals Keith White, Traffic Safety Commission These chairperson appointments are effective January 1, 2013 through December 31, 2013, Trustee Marcus moved to concur with the mayor's Chairperson appointments, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg acre Tr. Grear acre Tr. Marcus aye Tr. Thill aae Tr. Toth aye 5. Next, Mayor Staackmann noted that the schedule for the regular meetings of the Village's various boards, commissions, committees, and subcommittees for Calendar Year 2013 was posted on the Village's website. Mayor Staackmann then asked for concurrence with the following administrative appointments: Elizabeth M. Rochford, Adjudication Officer Teresa Hoffman Liston, Corporation Counsel Remy Navarrete, Finance Director/Treasurer Tom Friel, Fire Chief Mark Erickson, Police Chief Andy DeMon €e, Public Works Director Ryan J. Horne, Village Administrator Frank Tennant, Village Prosecutor These administrative appointments are effective January 1, 2013 through December 31, 2013. Trustee Toth moved to concur with these appointments, seconded by Trustee Grear. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg acre Tr. Grear acre Tr. Marcus save Tr. Thill aye Tr. Toth acre Mayor Staackrann wished the assemblage and his fellow Board members happy holidays IX. CLERK'S REPORT Clerk Kalogerakos reminded the assemblage that the Board Meeting for December 24, 2012 is cancelled. He, too, wished everyone the happiest of holidays. ' Piet' ..; :a�- ,; -. Minutes Di December 11, 2012oard ilYleeti X. STAFF REPORTS A. Village Administrator a. Village Administrator Ryan Horne spoke about Ordinance 12 -38, which is an ordinance updating business regulations and establishing a compliance certificate program for business- es and non - residential premises. This ordinance will be read out under Trustee Toth's report, bul: Mr. Hornc v !anted to provide an overview and some highlights. This ordinance had its first reading in early November. One of the main points of this ordinance is that it eliminates traditional business licenses. Another is that it establishes a compliance certificate program. Mr. Horne pointed out that the Village currently does not have the ability to license certain businesses (such as banks, attorneys), because they are licensed at the State and /or Federal level. A compliance certificate program will help the Village establish an accurate registry of all business uses. Such a program will ensure consistent treatment of all businesses and also help ensure that, in applicable instances, the non- residential use is permitted in a residential area. c. Regarding home businesses, Mr. Horne said that the basic rule of thumb is that if your neighborhood doesn't know that you're in business, if you're not having an impact on traffic or on the health and safety of your neighborhood, if you're a "desktop" business, you would not need to comply, d. Mr. Horne said the Illinois Department of Revenue sends the Village a list of newly - incorporated businesses. The Village currently mandates that those businesses obtain a Village business license. Under the new ordinance, however, the Village will follow -up with those businesses to determine what type of business is being conducted. e. As far as implementation, current business license holders were mailed renewals in Decem- ber. Not having to have a business license will be a relief for contractors who live in town and use their home address as their business mailing address. The compliance certificate program treats all businesses equally and fairly. f. Trustee Grear said that he heard that some local businesses had concerns; he said he had relayed them to Mr. Horne to resolve whatever misunderstandings might be out there. g. Trustee Marcus asked what happens if a person's business mailing address is an out -of -town post office box? Mr. Horne said the Department of Revenue would be sending the Village a list of everyone who was "incorporated" as a business in town. He added, we just don't want a neighborhood business causing problems without the Village know a business exists there. B. Corporation Counsel Corporation Counsel Liston had no report. .. r' . t P;, 4, [, . s, , r . ; I I Minutes WDecember 10, 2012 Board Medti`•., XI. /A\ TRUSTEES' REPORTS Trustee DiMaria: Trustee DiMaria had no report, but thanked the Village employees and volunteers for all their efforts and wished everyone happy holidays. Trustee Gomberg: Trustee Gomberg presented Ordinance 12 -41, Establishing Title 2, Chapter 15 of the Municipal Code Entitled "Emergency Telephone System Board" in the Village of Morton Grove. This is the second reading of this Ordinance. Trustee Gomberg explained that, since 1989, the Village has charged a 911 surcharge to telephone customers within the Village in accordance with State statute. Since 2003, those funds were deferred to the North Suburban Communications Center ( NSECC), which provided emergency dispatching services within the Village of Morton Grove. Beginning in January 2013, the Village will no longer be a part of NSECC and has contracted with the Village of Glenview for emergency dispatching services. As a result, the State statute requires the Village to re- establish an Emergency Telephone System Board (ETSB) to receive and disburse E911 surcharges and, if necessary, to plan, coordinate, and maintain an E911 system within the Village. This ordinance will amend Title 2 to include a new Chapter 15 to establish an ETSB to comply with the State statute. Trustee Gomberg moved, seconded by Trustee DiMana, to adopt Ordinance 12 -41. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye- Tr. Gomberg aure Tr. Grear aye Tr. Marcus sure Tr. Thill aye Tr. Toth ave 2 Trustee Gomberg next presented Resolution 12 -91, Authorizing an Amendment to the Intergovernmental Agreement By and Between the Village of Glenview and the Village of Morton Grove For Joint Public Safety Communication Services. He explained that this resolution will authorize the Village to enter into a 5 -year agreement with the Village of Glenview to provide police dispatching services for all 911 and 10 -digit emergency telephone calls. This will result in a savings of $400,000 between 2012 and 2013. Trustee Gomberg moved to approve Resolution 12 -91, seconded by Trustee DiMana. Motion passed: 6 ayes, 0 nays. Tr. DiMaria gore Tr. Gomberg aye Tr. Grear aye Tr. Marcus aye Tr. Thill aye Tr. Toth age 3. Trustee Gomberg wished the assemblage happy holidays and a happy, healthy, prosperous new year. M C. O , 7 i '`�� I' .� 'a } I r Minutes of Dectnh h0 2t172A d Mo icr` _etl TRUSTEES' REPORTS (continued) Trustee Grear: Trustee presented Resolution 12 -80, Authorizing the Village to Enter Into a Redevelopment Agreement With Churchill Real Estate, LLC For the Vacation of Certain Rights -of- Way Adjacent to 6900 Dempster Street and 8833 Waukegan Road, I °Jtcrton Ge,cv =u, Niiruois He explained that this Resolution authorizes the Village to enter into an agreement with Churchill Real Estate, LLC for the vacation of a portion of New England Avenue and portions of a public alley adjacent to it for use by the Honda dealership. The Village will be compen- sated $50,000 for this Churchill Real Estate agrees to maintain all existing fire lanes, allow access to all Fire Department connections, and maintain access to existing fire hydrants. Additionally, Churchill Real Estate agrees to continue to operate a Honda dealership on the property for an additional ten -year period. Trustee Grear added that, if they fail to continue operating an automobile dealership at that location, the Village will be compensated 1400,000. Trustee Grear moved to approve Resolution 12 -80, seconded by Trustee Marcus. Motion passed: 6 ayes, 0 nays. Tr. DiMar'sa Ey2 Tr. Gomberg acre_ Tr. Grear ave Tr. Marcus aye Tr. Thill ave Tr. Toth aye Trustee Grear said he felt this was good for this local business and good for the Village. 2. Trustee Grear said he hoped everyone enjoys the upcoming holidays and wished all a happy new year. He also thanked and acknowledged Carlo, an EMA volunteer who tapes the Village Board meetings, and Carlo's wife, Debbie, who made cookies for the Board members. for their professionaiisrn and selflessness. He thanked Boyle Wong, as well. Boyle is the Village's IT person and one of those responsible for getting the Village Board meetings out to the public. D. Trustee Marcus: Trustee Marus presented Resolution 12 -90, Appropriation of 2013 Motor Fuel Tax Funds For the Maintenance of Streets and Highways, MFT Section 13- 00000 -OOGM. He explained that, each year, the Village receives a portion of the motor fuel tax collected by the State These funds must be spent on the eligible improvements of roadways. The State requires an estimate and final statement of the maintenance expenses for each year of the program. The total estimated expenses for the 2013 Motor Fuel Tax Program are $543,000. Trustee Marcus moved to approve Resolution Motion passed: 6 ayes, 0 nays. Tr. DiMaria ave Tr. Gomberg Tr. Marcus lye Tr. Thlll 12 -90, seconded by Trustee Thill. ave Tr. Grear ave ave Tr. Toth aye Minutes.of December 10, 20128oard Meefi n' i XI. TRUSTEES` REPORTS (continued) D. Trustee Marcus.(confd.) 2. Trustee Marcus also thanked Carlos and his wife for the cookies, and echoed his colleagues' compliments about Carlos and Boyle. He said that transparency is important to the Village, especially all of the programming on Cable Channel 6. He urged residents to take advantage of it. 3. Trustee Marcus also wanted to publicly acknowledge Jackie Walker- O'Keefe who has served the Village as its Director of Family and Senior Services for the past eight years. Jackie was a dedicated employee, committed to providing good services. He wished her well and thanked her. 4. Trustee Marcus then wished everyone a happy, healthy, new year, and wished "Happy Hanukkah" to his friends and family. E. T rrsste2 Thil! Trustee Thill had no report. F. Trustee Toth: 1. Trustee Toth presented Ordinance 12 -39, An Ordinance Adopting the Budgets For All Corporate Purposes of the Village of Morton Grove and the Morton Grove Library, Cook County, Illinois, for the Calendar Year Effective January 1, 2013 and Ending December 31.. 2013. This is the second reading of this Ordinance. Trustee Toth noted that the 2013 Budget was initially presented at a Budget Workshop held on October 22, 2013. It has since been discussed and revised at several other Budget Workshops. A public hearing on the budget was held earlier this evening. The Budget is and has been available for public inspection at the office of the Village Administrator, the Public Library, and posted on the Village's website since at least November 21, 2012. The total budget of the Village is $54,169,592. The total budget of the Morton Grove Public Library is $3,109,277, for a combined budget total of $57,278,869. Trustee Toth moved to adopt Ordinance 12 -39, seconded by Trustee Thill. Trustee DiMaria asked Mr. Horne if, in January, after the Economic Development new hire is on board, if new programs are developed, would the Village be able to divert any funds to support any of these new programs? Mr. Horne responded that the budget is a plan, and plans do change. He said that the new hire is a professional with a wealth of experience who has already come up with a number of ideas. ng ^! :t .fi4 a' �. .., .'; ` -' - `Minutes nfDeccbeM0,.207.`Buartl Meeting? XI. TRUSTEES' REPORTS (continued) F. Trustee Toth: (cont'd.) Mr. Horne said he will ask Nancy to come to the Board in January with some over- arching Economic Development program ideas. There being no further discussion, Mayor Staackmann called for the vote. w uses u ayes, 0 nays. Tr. DiMaria ave Tr. Gomberg aye Tr. Grear aye Tr. Marcus ay2 Tr. Thill ave Tr. Toth aye 2 Next, Trustee Toth presented Ordinance 12 -40, An Ordinance Levying and Assessing Taxes for the Village of Morton Grove, Cook County, Illinois, for the Fiscal Year Beginning January 1, 2013 and Ending December 31, 2013. This is the second reading of this Ordinance. T °usteE> _ rc} h, explained that the 2013 Budget calls for expenditures in the amount of 357,218,869. The amount necessary to be levied for 2012 property taxes is the amount of $11,576,588. By law, the Village is required to levy an additional $6,559,473 for debt service payments authorized by general obligation notes and bonds, for a total levy— before abatement —of $18,136,061. However, the Village Board intends to adopt this evening several abatement Resolutions which abate $5,493,046 from the levy, resulting in the net levy as intended by the Corporate Authorities in the amount of $12,643,015. This means a 0% increase in the Library's portion of the tax levy and a 0% increase in the Village's portion of the tax levy. Trustee Toth moved to adopt Ordinance 12 -40, seconded by Trustee Marcus. Motion passed: a ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear aye Tr. Marcus gye Tr. Thill aye Tr. Toth acre Trustee Toth then brought forward the first of six tax abatement resolutions: Resolution 12 -83, Tax Abatement Resolution for the 2012 Tax Levy Relating to Ordinance 02 -30. She explained that Ordinance 02 -30 was for the issuance of $5,300,000 in general obligation promissory notes, Series 2002. The ordinance provided that the levy of taxes for the year ? 112 should include sufficient funds to pay $475,695 for the debt service payment. In Septeniher of 2009, pursuant to Ordinance 09 -15, the Board issued refunding bonds in the amount of $4,920.000, Series 2009A, to refinance the remainder of the Series 2002 notes. However, despite the refunding, Cool: County will continue to levy taxes as provided in Ordinance 02 -30. Therefore, this resolution, abating the debt service for the Series 2002 notes, is required. After abatement, the net levy for the Series 2002 notes is zero ($O). Trustee Toth moved to approve Resolution 12 -83., seconded by Trustee DiMaria. Motion passed: 6 ayes, 0 nays. Tr. DiNlaria ave Tr. Gomberg ave Tr. Grear aye Tr. Marcus ave Tr. Thih acre Tr. Toth acre XI. - =i C.,,.'. Minutes mfDecember10, 2012Board Medbnq TRUSTEES' REPORTS (continued) Trustee Toth: (cont'd.) Resolution 12-84, Tax Abatement Resolution for the 2012 Tax Levy Relating to Ordinance 09 -05. She explained that Ordinance 09 -05 was for the issuance of $7,650,000 in general obligation cui 'a 6 �E les ,tie oro:r,ance provided that the levy of taxes for the year 2012 should include sufficient funds to pay $1,741,290 for the debt service payment on said bonds. However, this amount will be abated by $1,076,322, because the 2013 Budget has allocated revenue from the Local Option Sales Tax in the amount of $440,000; revenue from accumulated interest earnings of $1,000; revenue from the Water/ Sewer Fund in the amount of $435,322, and available fund balance in the Debt Service Fund of $200,000 to pay for this debt service. After these abatements, the net levy for this bond series is $664,968. Tru ^tee Toth moved to approve Resolution 12 -84, seconded by Trustee Grear. Motion passed: 6 ayes, 0 nays. Tr. @iMaria a Tr. Gomberg aye Tr. Grear aye Maracas :brc Tr. ThiE ",e Tr. Toth aye 5. Resolution 12 -85, Tax Abatement Resolution for the 2012 Tax Levy Relating to Ordinance 10 -01, She explained that Ordinance 10 -01 was for the issuance of $9,975,000 in general obligation bonds.. Series 2010A and Series 2010B. The ordinance provided that the levy of taxes for the year 2012 should include sufficient funds to pay $832,375 for the debt service payment on said bonds. However, this amount will be abated by $447,855 because the 2012 Budget has allocated revenue from the Water /Sewer Fund in the amount of $366,245, and available fund halance in the Debt Service fund (from the Build America Bond Subsidy) in the amount of $81,610 to pay for this debt service. After these abatements, the net levy for this bond series is $3841520. Trustee Toth moved to approve Resolution 12 -85, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. OiMaria eye Tr. Gomberg aye Tr. Grear aye Tr. Marcus Tr. Thil! aye Tr. Toth aye Resolution 12 -86, Tax Abatement Resolution for the 2012 Tax Levy Relating to Ordinance 07 -26, She explained that Ordinance 07 -26 was for the issuance of $9,200,000 in general obligation bonds, Series 2007. The ordinance provided that the levy of taxes for the year 2012 should nclude sufficient funds to pay $796,200 for the payment of principal and interest on said binds. The 2012Budaet has allocated revenue from the Lehigh- Ferris TIF Fund in the amount of $796,200 to nay for this debt service. Trustee Toth moved to approve Resolution 12 -86, seconded by Trustee Grear. Mlotion passed: 6 ayes, 0 nays. Tr. DiMaria eve Tr. Gomberg ave Tr. Grear aye Tr. Marcus CIVe Tr. TtniiS ave Tr. Toth a rye Pbl ' , 0.MfKUtes ofDecember iD,2012'BnartI Meeti XI. TRUSTEES' REPORTS (continued) F. Trustee Toth: (cont'd.) Resolution 12 -87, Tax Abatement Resolution for the 2012 Tax Levy Relating to Ordinance 09 -15. Trustee Toth explained that Ordinance 09 -15 was for the issuance of $4,920,000 in reluiidiirg i orris, Oe; ies 2009A. The ordinance provided that the levy of taxes for the year 2012 should include sufficient funds to pay $579,838 for the debt service payment on said bonds. The 2012 Budget has allocated revenue from the Waukegan Road TlF Fund in the amount of $579,838 to pay for this debt service, Trustee Toth moved.. seconded by Trustee Grear, to approve Resolution 12 -87 Motion passed: 6 ayes, 0 nays. Tr.. DiMaria aye Tr. Gomberg ave- Tr. Grear aye Tr. Marcus aa„e Tr. Thili aye Tr. Toth aye 12w =2 Tax.R',ioatement Resolution for the 2011 Tax Levy Relating to Ordinanc.: 98 -41. Trustee Toth explained that Ordinance 98 -41 was for the issuance of $3,165,000 in general obligation promissory notes, Series 1998A. The ordinance provided that the levy of taxes for the year 20012 should include sufficient funds to pay $269,896 for the debt service payment on said bonds. The 2012 Budget has allocated revenue from the Waukegan Road TIF Fund in the amount of $269,896 to pay for this debt service. Trustee Toth moved to approve Resolution 12 -88, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. 7r. DiMar ^v n-}re Tr. Gomberg aye Tr. Grear acre Tr. Marcus Lre Tr. Thill ave Tr. Toth aye 9. Next, Trustee Toth presented for a fist reading Ordinance 12 -37, Amending Title 10, Chapter 10, of the Village of Morton Grove Municipal Code Entitled "Sign Regulations." a. She explained that in 20101 the Village adopted a new Sign Code to be more "user- friendly," to streamline the process for the application and review of signs, to conform with current busi- ness treads and current technology.. and to incorporate specific criteria for the approval of sig- rage within the Village. This resolution will clarify the definition and regulation of temporary stars. b. During implementation of the new Sign Code, Village staff found that few sign owners register temporary signs, and it is difficult to enforce time limits for temporary signs. Staff believes the interests of the Village can be protected without requiring registration and time limits on tem- porar,i signs, as 'ong as the signs are required to be removed immediately once they become wol n. discolored, or damaged. Village staff does recommend that permits be required for in- flatable and similar displays, and that such displays be removed after 20 days. This resolution also revises the rode to define a "mural" as a temporary sign, to allow signage on the main part of canopie.,' and to clarify the regulations of ground monument and pylon signs. There was no discussion on Ordinance "237. 11 XI. tr'''. Minutes 011ecember 10,2012Soard RNeerin'' Trustee Toth (cont d.) TRUSTEES' REPORTS (continued) 10. Trustee Toth then presented Ordinance 12 -38, Amending Titles 1, 3, and 4 of the Municipal Code to Update Business, Regulations and Establish a Compliance Certificate Program for Businesses and Mon - Residential Premises. Trustee Toth moved to adopt Ordinance 12 -38 Motion passed: 6 ayes, 6 nays. Tr. DiMarla ayLe Tr. Gomberg Tr. Marcus ge: Tr. Thill seconded by Trustee Marcus. acre Tr. Grear Ie ornpreherrsive overview of this ordinance earlier this evening, in the Village. Trustee Toth moved to adopt Ordinance 12 -38 Motion passed: 6 ayes, 6 nays. Tr. DiMarla ayLe Tr. Gomberg Tr. Marcus ge: Tr. Thill seconded by Trustee Marcus. acre Tr. Grear ave afire Tr. Toth ave 11 Trustee Toth said she was pleased to share with the Board and the assemblage a list of the Village's accomplishments in 2012. These include: The Electrical Aggegation Program: 98% of households in the Village are participating and it is estimated that each household will save $349 a year. The annual estimated total community -wide savings is $2,620,000. New Water Billing Statements: In response to customer requests, the new statement; provide detailed rate information, clear instructions on when and where to make payments, and contact information for discussion customer concerns. Also, an early detection" process was implemented to notify residents of possible water leaks. 24 -Flour Access: Residents now have 24 -hour access to purchase or renew vehicle stickers and pet licenses through the Village's website. p Moira Parking Machines: These were upgraded to now accept credit cards. The Village also created a process to quickly resolve ticket disputes due to simple keypad errors. • Fire and ELVIS Cails: Average response time of 4 minutes or less. • Increase d Service Availability: The Village retrofitted both fire engines 4 and 5 to Advances Life Support Capability, resulting in increased service availability to residents at minimal cost. u Increaseft Quality of EMS Patient Care: The Village successfully transitioned the =ire Department's Resource Hospital affiliation to Advocate Lutheran General, result - ing in increased quality of EMS patient care and paramedic continuing education while owering administrative costs. N/-170 Related Prep: The Police Department safely and successfully planned and prepared far NATO - related events. Dispatch Center Savings: The upcoming transition to the Glenview Public Safety dispatch Center for 91 1 calls will result in a significant savings to the Village. Plnancial Assistance: $26,000 in financial assistance was provided for residents in crisis. a Public Private Partnership: The public- private partnership between the Village and North Shore Senior Center continues to expand services for seniors in the Village. 12 w,1FAIM M tP r?ft110', ,R,��_', 1Ib!4�w;.i �tpli�,isi1 i � aVn':wunect {rnege..r.e ln ynt�ixx aeu wH °_ -- — Xi. TRUSTEES' REPORTS (continued) F. Trustee Toth; (cont'd.) Business Licenses: 54 new business licenses were issued in 2012. a- Development: complimenting An 82 -unit independent senior living facility (Homestead of Morton Grave) opened in early 2012. for this, so it is using monies received � e-uupgumi,. i' uv�sIcjpuiev'lt l-'wgtafns: i the Economic Development Commission (EDC) sponsored seven Classic and Antique Car Shows during the summer of 2012, bringing additional traffic to Prairie View Plaza and surrounding Morton Grove businesses. The EDC also continued to profile businesses in the Village's quarterly newsletter, and created a Community Choice Business Awards Program to recognize local businesses who had invested in their properties. Awards are given in the categories of buildings/ facades, grounds /landscaping, and business signs. 4a0isstructure: / +. Village -wide water meter change -out was completed; many water mains and service leaks were repaired, a 60 -year old pump and motor set were re- placed at the North Pumping Station; nearly six miles of streets were resurfaced; over 1,400 tr� were trimmed and 181 trees were planted. Communication: The Village's wrebsite averages 4,500 separate visitors to the site each month; the e- Newsletter now has 650 subscribers; and MGTV expanded its pro- gramming offerings to include interviews with many public officials, including Secretary of State Jesse White, State Representative John D'Amico, and Cook County Circuit Court Judges Geary Kull and Larry Axelrood. 12. Trustee Totl? wisIhed all happy holidays and a happy New Year. MI. OT51ER BUSINESS Mayor Staackmann thanked the Village staff and employees, complimenting them for a job well done in 2012. DiMaria. Village received a grant for this, so it is using monies received XIII. WARRANTS Trustee Toth presented the Warrants for December 10, 2012 in the amount of $191,691.24. She mooed to approve the Warrants, seconded by Trustee DiMaria. Village received a Trustee Thin asked about a payment listed on page 12 for $60,000 to Clean Energy. Finance Director Navarrete said the Village received a grant for this, so it is using monies received from the State to make this payment. There being no further discussion on the Warrants, Mayor Staackmann called for the vote. Motion passed: 6 ayes, 0 nays. Tr. DiMaria nayr Tr. Gomberg acre Tr. Grear acre Tr. E4t9,ar ^us titre -rr. Thill ave Tr. Toth ave 13 . ; '1 IAMUtes of December 10,2012 Board Meetih ", XIV. RESIDENTS' COMMENTS a. Nancy Panfiiio said she is affiliated with the citizens group to stop the Waste Transfer Station. She noted that if Lake Shore Waste applies for a license to open a recycling center, she and the group will oppose it. She urged the Board not to grant such a license because such a recycling center would be a food source for rodents and wildlife, a breeding ground for mosquitoes carnying the West Nile Virus, an increased amount of truck traffic and diesel e i Ur .j Dr a w,) u:(2 i;e detripnenial to property values. Ms. Panfilio said she understands that there is no such application currently pending, but she wanted her objections to be on the public record. b. Mayor Staackmann concurred that there is currently no application and no discussions occur - ing betweer the Village and Lake Shore Waste. He said he has been in contact with the citi- zens' group and will continue to maintain communications with them. XV. ADJOURNME:N � lEXECUTIVE SESSION Trustee Toth moved to adjourn the Meeting. Trustee Thill seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. DiMaria ay 2 Tr. Gomberg aye Tr. Grear aye Tr. Marcus 2Lq Tr. Thill acre Tr. Toth aave The meeting adjourned at 8:03 p.m. U . ' '{ . t 11'' >,a ,4ai'" Nlinutes.DfDecember 70, 2D12 Boartl meetm PASSED this 14th day of January, 2013_ Trustee Trustee Trustee Trustee Trustee Trustee DiN! Gomberg Grear Marcus Thill Toth APPROVED by me this 14th day of January, 2013. Daniel J. Staackmann, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 15th day of January, 2013. Tony S. Kalcgerakos, Village Clark Village of Morton Grove, Cook County, Illinois Minutes by Teresa Cousar 15 December 27, 2012 President & Board of Trustees VILLAGE OF MORTON GROVE 6101 Capulina Ave. Morton Grove, IL 60053 illage of c5klortoA Fire iE Police Commission I.. Direct Telephone i Fax 847/965-7711 In accordance with directives issued by you, competitive examinations were conducted in accordance with 65 IL CS 5/10- 2.1 -19 of the Illinois Compiled Statutes, 2011 (Revised). The following person has qualified and is herewith appointed to a probationary status of Firefighter /Paramedic in the Morton Grove Fire Department of the Village of Morton Grove, Illinois, pursuant to the Rules and Regulations of the Fire and Police Commission, effective on the date following his name. Effective date of appointment is January 7, 2013, at the hour of 8:00 a.m., at which time he will report to District Chief Frank Rodgers. Formal swearing in will be conducted at the Village Board meeting on January 14, 2013, 7:30 p.m., at the Village Council Chambers. Submitted bey: Michael Simkins, Chairman Fire & PoIice Commission C: B. Patchett T. Friel, Fire Chief R. Home, Village Administrator Richard T. Flickinger Municipal Center 6101 Capulina Avenue = Morton Grove, Illinois 60053 - 2985 1-el: (847) 965 -4100 Fax: (847) 965 -4162' Community and Economic Development Direct Telephone 847/470-5231 To: Village President and Board of Trustees From: Ronald Farkas, Plan Commission Chairperson AF ancy M. Radzevich, AICP, Director of Community Development Date: January B. 2013 Re: Plan Commission Case PC12 -08; Request for Text Amendments to Chapter 4 and Chapter 17 of the Unified Development Code regarding commercial uses and definitions Commission Report Public Notice was provided for the public hearing for this request in accordance with applicable requirements. A public notice was published in the local newspaper (Pioneer Press) on November 29, 2012. As this request is for a text amendment, not a request for a specific site, no public notice signs or notification letters were required. This case was presented at a public hearing on December 17, 2012, conducted by the Morton Grove Plan Commission after public notice was duly provided, as noted above, for Plan Commission case PC12 -08. PC12 -08 consists of a request by the Village of Morton Grove for text amendments to Sections 12 -4 -3 and 12 -17 -1 of the Unified Development Code to modify some of the allowable uses in Commercial Districts and to add and /or amend some of the commercial business definitions. The interim Director of Community and Economic Development, Nancy Radzevich, introduced the case on behalf of the Village at the public hearing, reviewed details of the request — including the proposed text amendment language — provided testimony and answered specific questions. Additional testimony, as needed, was provided by the Corporation Counsel, Teresa Liston, the Building Commissioner, Bill Porter, and the Assistant to the Village Administrator, Peter Falcone, Ms. Radzevich explained that while the village staff will be initiating a more comprehensive update to the Unified Development Code, the current changes are being proposed to address questions and /or issues that arose during the drafting of the update to Title 4 of the Village of Morton Grove Municipal Code. Specifically, through the course of updating Title 4, staff discovered some discrepancies between definitions, allowable uses, and genera! intent of some aspects of Title 4 and Title 12, Ms. Radzevich noted, for example, that Title 4 references such uses as kennels, microbreweries, bars and taverns, etc,, but that Title 12 currently does not specifically permit these uses and /or only allows them in a limited basis, in conjunction with other uses. In addition to amending these discrepancies, Ms. Radzevich explained that the text amendment language in PC12 -08 includes a few additional amendments based on recent trends in business Richard T. Flickinger Municipal Center 6101 Capulina favenut E Morton C3rOVe, Illinois 00053 -?985 ;. ei: (847) 965 -4100 Fax: (847) 965 -4162 inquiries and /or discrepancies between code language and current, practical business uses. These changes include: • Permitting Shared Rental Kitchen and Food5alesas allowable accessory uses to Catering, • Updating the Automobile Mmimart Station definition, • Creating Commercial Services and Health /Beauty Services uses to address businesses that currently exist but for which there are no clear classifications in Title 12, and • Amending the massage establishment definition to distinguish between Limited Service Massage Businesses (hand /foot massage therapy, etc.) and Full Body Massage Establishments. Ms. Radzevich included a draft of the amended language in the Commission's packet, and noted that the suggested changes had been highlighted in yellow. In response to a couple of questions as to the specific language included in some of the definitions, Ms. Radzevich explained that the proposed language was derived from research of other communities and /or mimicked language drafted for the Title 4 update. Members of the Commission noted that the proposed 'language does appear to include several types of businesses that have been opening in neighboring communities, such as Niles, and /or is consistent with business uses within Morton Grove. Findinos of Fact — Text Amendment As described in the application to the Commission, the proposed text amendment included in PC12- 08 is intended to resolve some discrepancies between Titles 4 and 12 and to add /amend definitions for common business uses that currently exist in the marketplace. The amended language will not intensify or "down zone" any properties within the commercial districts, will benefit the Village as a whole and does not confer special rights upon the applicant (the Village). Further, the proposed text amendments are compatible with the purposes and objective of the Village's Plans. Commission Recommendation After hearing all the testimony, it was moved by Commissioner Roepenack and seconded by Commissioner Gabriel to recommend approval of the Text Amendments as presented in PC12 -08. The motion carried: Yes 5; No 0; Absent 2 The voting Chairman Farkas Aye Commissioner Blonz Absent Commissioner Dorgan Absent Commissioner Gabriel Aye Commissioner Roepenack Aye Commissioner Shimanski Aye Commissioner INitko Aye Lelaislative Summary Resolution 13 -03 —� APPOINTING A DIRECTOR AND ALTERNATE DIRECTOR TO THE SOLID WASTE AGENCY OF NORTHERN COOK COUNTY Introduced: January 14, 2013 Synopsis: To authorize a representative to the Solid Waste Agency of Northern Cook County (SWANCC). Purpose: The Village of Morton Grove, as a member of SWANCC is entitled to appoint a Director to serve on the Agency's Board. The Board of Directors approves the yearly budget for the Agency, and sets policy for the region's long term plan to manage the area's garbage. Background: SWANCC is a unit of local government and a non -profit corporation which j was formed by 23 municipalities in northern Cook County in 1988. In 1999, SWANCC developed a long term plan to manage the region's garbage that is directed by the SWANCC Board of Directors. Each year the Village appoints a Director and Alternate Director(s) to SWANCC to represent the Village's interest. The Village Board has selected Trustee John Thill as the Village's Director and Trustee Gomberg and Village Administrator Ryan Horne as its Alternate Directors. Programs, Departments Administration, Finance, and Public Works Departments or Groups Affected Fiscal Impact: i None Source of Funds: N/A Workload Impact: Trustee Thili's, Trustee Gomberg's and Mr. Horne's appointment to the I Board of Directors will be supported by the Finance Department, and Director of Public Works as part of their normal work Ioad. j Administrator I Approval as presented Recommendation: First Reading: Not Required Special Considerations or None Requirements: Prepared and Respectfully Submitted by: Teresa Hoffman Liston, Corporation Counsel APPOINTING A DIRECTOR AND ALTERNATE DIRECTOR TO THE SOLID WASTE AGENCY OF NORTHERN COOK COUNTY WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois. can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Solid Waste Agency of Northern Cook County (SWANCC) is a unit of local government and a non- profit corporation which was formed by 23 municipalities in northern Cook County in 1988: and WHEREAS, in 1999 SWANCC developed a long term plan to manage the region's garbage that is overseen by the SWANCC Board of Directors; and WHEREAS, the SWANCC Board of Directors is comprised of representatives of member communities including Morton Grove which are appointed by each community on a yearly basis; and WHEREAS, the President and Board of Trustees of the Village of Morton Grove wish to appoint Trustee John Thill as the Village's Director on the SWANCC Board of Directors; and appoint Trustee Gomberg and Village Administrator Ryan Horne as its Alternate Directors. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village of Morton Grove as a member of the Solid Waste Agency of Northern Cook County and, pursuant to the SWANCC Agreement establishing the Solid Waste Agency of Northern Cook County, is entitled to appoint a Director and one or more Alternate Director(s) to the Board of Directors of SWANCC SECTION 3: The President and Board of Trustees appoint Trustee John Thili as the Village's Director on the Board of Directors of SWANCC and appoints Trustee Gomberg and Village Administrator Ryan Horne as its Alternate Directors, in each case for a term expiring December 31, 2013, or until his /her successor is appointed. SECTION 4: This Resolution shall be in full force and effect from and after its adoption. PASSED THIS 14 °i day of January 2013. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 14t' day of January 2013. Daniel J. Staaekmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 15`x' day of January 2013. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 13 -0I AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERN710ES AGREEMENT WITH AYRES ASSOCIATES, INC. FOR 2013 AERIAL PHOTOGRAMMETRIC MAPPING Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: January 14, 2013 To authorize the Village Administrator to execute a professional services agreement with Ayres Associates, Inc. for aerial photogrammetric mapping in 2013. To obtain aerial photography, planimetric data, and topography information that will be utilized with the Village's Geographic Information System(GIS). Each year, as a member of the GIS Consortiums, the Village participates in collective purchasing of aerial photography services and data with fifteen other member communities. Contractors are solicited every four years. One - fifth of the community is mapped each year so every five years the data is updated. The data obtained includes aerial photography, planimetric information such as buildings, roads and paved surfaces, drainage (lakes /ponds and ditches), utilities, vegetation and structures (fences, decks, pools, signs, mail boxes, etc.), and topographic information that includes contours and spot elevations. All Village Departments utilize the GIS system, as well as Village residents and businesses. The amount of the contract is a not -to- exceed value of $165089.00. General Revenue: Account 022025-552110. The management and implementation of the program is performed by the Public Works Department, Engineering Division as part of their normal work activities. Approval as presented. Not required Special Considerations or ! None Requirements: 1 Respectfully submitted: flL Rya ` . Horne, pillage Administrator Prepared by: Chris Tomich, Village Engineer Reviewed by: Reviewed by: Teresa Hoffinan Liston, Corporation Counsel Andy DeMonte, Director of Public Works IYr l t is AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH AYRES ASSOCIATES, INC. FOR 2013 AERIAL PHOTOGRAMMETRIC MAPPING WHEREAS, the Village of Morton Grove (Villa(ye), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village desires to utilize a geographic information system (GIS) to assist in the service, maintenance, and long range planning of its operations; and WHEREAS, in order to reduce costs, the Village participates with seventeen other municipalities in the Geographic Information System Consortium (GISCon), to develop and share GIS information and software; and WHEREAS, aerial photogrammetric mapping is an integral part in the development of the Village's GIS system; and WHEREAS, planimetric information will be prepared following updated aerial photography, which will include buildings, roads and paved surfaces, drainage (lakes /ponds and ditches), utilities, vegetation and structures (fences, decks, pools, signs, mail boxes, etc.); and WHEREAS, topographic information will be collected, which will provide the Village with updated information relating to contours and spot elevations, which are helpful in evaluating resident concerns regarding parcel drainage; and WHEREAS, as a member of GISCon, the Village is able to take advantage of the Consortium's collective bargaining power to obtain these services at a reduced rate: and WHEREAS, in the spring of 2008, twenty consultants who specialize in the field of aerial photography were contacted and a Qualification Based Selection (QBS) process was used to select Ayers Associates Inc.; and WHEREAS, through a.joint purchasing program, GISCon has negotiated reduced rates with Ayres Associates, Inc. for aerial photogrammetric mapping services by coordinating their services through all participating GISCon communities; and WHEREAS, Ayres Associates, Inc. has proposed to provide the aerial photo grammetric mapping services to the Village in the not -to- exceed amount of $16,089.00, which includes the services detailed in Exhibit "A" of the proposed contract, and WHEREAS, Ayres Associates, Inc. has a history of successfully providing aerial photo grammetric services to the GISCon at a reasonable cost, completed a successful flyover in 2012 for Morton Grove, and is scheduled to fly this spring; and WHEREAS, Ayres Associates has agreed to the Village's standard terms and conditions detailed in the attached contract: and WHEREAS, funds for this contract are included in the 2013 budget, in account number 022025 - 552110. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hercinabove set forth. SECTION 2: The Village Administrator is hereby authorized to execute a contract with Ayres Associates, Inc. to provide the Village of Morton Grove with aerial photogrammetric services as detailed in their contract attached hereto and described in Exhibit "A ". SECTION 3: The Village Administrator and Village Engineer are hereby authorized to implement the contract and provide for aerial photogram metric services. SECTION 4: This Resolution shall be in full force and effect from and upon its passage and approval. PASSED THIS 14`x' DAY OF .JANUARY 2013 "Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 10' DAY OF JAN I✓ARY 2013 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and PILED in my office This 15 °i DAY OF JANUARY 2013 Tony S. Kalogerakos, Village Clerk Village of Morton Cirove Cool: County, Illinois Village of'Morton Grove CONSULTING SERVICES CONTRACT This contract ("Conti-act"), with an effective date of January 14, 2013 is by and between the Village of Morton Grove ( "VILLAGE ") and Ayres Associates Inc., 1802 Pankratz Street, Madison, Wisconsin 53704 ( "CONSULTANT"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: I SCOPE OF SERVICES 1.1 CONSULTANT shall perform the services as set forth in Attachment A ( "Contracted Services "), incorporated herein by reference, and shall strictly conform with the terms and conditions of this Contract. 2 TERM OF AGREEMENT 2.1 This Contract shall commence on the effective date stated above, and CONSULTANT' is authorized to commence performance of the Contracted Services as of that date. This Contract terminates on December 31, 2013 unless terminated earlier pursuant to the terms and conditions of this Contract. CONSULTANT shall complete the Contracted Services in accordance with the time schedule ( "Project Schedule') set forth in Attachment A, including any intermediate milestones and phase submittals. 2.2 TIME IS OF THE ESSENCE with regard to the performance of the Contracted Services, specifically including but not limited to any intermediate milestones and phase submittals. 3 COMPENSATION AND PAYMENT 3.1 As compensation for the performance of the Contracted Services ( "Compensation'), VILLAGE will pay CONSULTANT in the amount and manner set forth in Attachment B ( "Compensation and Payment'), incorporated herein by reference. VILLAGE shall not have any liability for any other expenses or costs incurred by CONSULTANT other than as expressly set forth in Attachment B. Written application for payment for completed work shall be submitted by CONSULTANT to VILLAGE not more than once monthly on a date specified by the VILLAGE. 4 LIEN WAIVER 4.1 CONSULTANT shall promptly pay for all services,, labor, materials and equipment used or employed by CONSULTANT in the performance of the Contracted Services and shall maintain all materials, equipment, structures,, buildings, premises and property of VILLAGE free and clear of mechanic's or other liens. CONSULTANT shall, if requested, provide VILLAGE with reasonable evidence that all services, labor, materials and equipment have been paid in full. Public Works Department 1 of24 12!18/2012 IG 5 PREVAILING WAGE Village of Morton Grove 5.1 Not less than the Prevailing Rate of Wages as found by the Department of Labor or determined by the court on review shall be paid to laborers, workmen, and mechanics performing work under this Contract. Current standards are available on the Illinois Department of Labor web site at ww\v.state.il.us /agenev /idol or by calling the Village of Morton Grove at (847) 470- 5235. (82011,CS 130/11 G) (Wages of employees on Public Works Prevailing Wage Act, Illinois Revised Statutes, Chapter 48, Section 29S -I et seq.) The Contractor shall comply with the certified payroll requirements for work under this Contact in accordance with Illinois Statue 820 ILCS 130/5, Chapter 48, par. 39s -5. 6 INDEPENDENT CONSULTANT 6.1 For purposes of this Contract. CONSULTANT is an independent CONSULTANT and shall not be deemed to be an employee, agent orjoint venturer of VILLAGE. CONSULTANT shall be solely responsible for the means and methods for carrying out the Contracted Services, 7 COMPLIANCE WITH THE LAW 7.1 CONSULTANT shall comply with all applicable statutes, ordinances, codes, regulations, consent decrees, orders, judgments, rules, and all other requirements of any and all governmental or judicial entities that havejurisdiction over the Contracted Services ( "Law"). 8 PERMI'T'S AND LICENSES 811 CONSULTANT will obtain and pay for all permits and licenses, registrations., qualifications, and other governmental authorizations required by law that are associated with CONSULTANT's performance of Contracted Services. 9 STANDARD OF PERFORMANCE 9.1 CONSULTANT shall perform the Contracted Services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the region where the project ( "Project ") is located. 9.2 CONSULTANT shall provide additional services as needed to correct any defects or deficiencies in the Contracted Services and shall bear all costs related to the correction of CONSULTANT's or its lower -tier CONSULTANT "s defective or deficient performance at no additional cost to VILLAGE. 10 HEALTH d. SAFETY 10.1 CONSULTANT acknowledges that there may be hazardous substances, wastes, or materials as defined by applicable Law ( "Hazardous Materials ") at the Project Site or otherwise associated with the Contracted Services and CONSULTANT shall take appropriate precautions Public Works Department 2 of 24 12/18/2012 Village ofMorion Grove to protect its employees, lower -tier CONSULTANTs, suppliers and others who may be associated with the performance of the Contracted Services. 10.2 CONSULTANT's employees and the employees of its lower tier CONSULTANTS who perform the Contracted Services shall be experienced and properly trained to perform the Contracted Services under such conditions and shall take adequate precautions to protect human health and the environment in the performance of the Contracted Services, 10.3 In the event that VILLAGE observes a potentially hazardous condition relating to the Contracted Services, VILLAGE may bring such condition to the attention of CONSULTANT. If CONSULTANT fails to immediately respond and correct such potential or actual hazardous condition, VILLAGE has the right to suspend the Contracted Services until such time as CONSULTANT remedies the potential or actual hazardous condition. CONSULTANT shall be solely responsible for any cost, expense or schedule disruption resulting from such suspension of the Contracted Services. 10.4 CONSULTANT shall be solely and continuously responsible for the health, safety and welfare associated with the Contracted Services at all times and not be limited to normal working hours. The CONSULTANT's failure to thoroughly familiarize itself with and account for the aforementioned health and safety provisions and those additional requirements provided by VILLAGE, if any, will not relieve CONSULTANT from the obligations set forth in this Contract. 12 CONTACT WITH REGULATORY AGENCIES 11.1 Except to the extent expressly set forth in this Contract. CONSULTANT shall not communicate directly with applicable governmental regulatory agencies with regard to the Contracted Services without prior express authorization from VILLAGE unless directed otherwise. CONSULTANT shall direct inquiries from governmental regulatory agencies to VILLAGE for appropriate response. 12 QUALITY CONTROL PLANS 12.1 When required by the Contracted Services, CONSULTANT shall execute a quality control plan acceptable to VILLAGE that ensures the quality of its work products and activities, Prior to starting the performance of the Contracted Services, CONSULTANT shall submit its quality control plan for the work products and activities identified in the Scope of Services. Submission of the quality control plan to VILLAGE will not replace in any way CONSULTANT's responsibility for quality control or for its work products and activities. Notwithstanding any review by VILLAGE, CONSULTANT shall be responsible for the quality of the Contracted Services. Public Works Department 3 o 24 12/18/2012 13 CHANGE ORDERS Village gfMorton Grove 13.1 VILLAGE may, from time to Lime, order modifications or changes in the scope of the Contracted Services ( "Changes ") by written change order in the form of Attachment C ( "Change Order "), incorporated herein by reference. In addition, Change Orders may be requested by CONSULTANT based upon material changes to the Contracted Services, Change Orders shall consist of additions to, deletions from or other revisions to the Contracted Services, including those required by modifications or change orders to the related Prime Contract. Within 10 days after the date of such Change Order or material change, and in any event prior to the commencement of such revised Contracted Services, CONSULTANT shall notify VILLAGE in writing if CONSULTANT requests a change in the Compensation and/or Project Schedule and shall clearly state CONSULTANT's justification for the Change Order. If approved by VILLAGE, an equitable adjustment will be made as appropriate. 13.2 FAILURE OF CONSULTANT TO COrMPLY WITH THE REQUfREMENTS OF THIS ARTICLE SHALL CONSTITUTE A WAIVER OF SUCH CLAIM BY CONSULTANT. 13.3 Failure of the parties to agree on whether the Change Order constitutes a compensible change to the Compensation or should result in a change in the Project Schedule shall be subject to the Disputes provisions of this Contract. CONSULTANT shall diligently proceed with the Contracted Services as directed by VILLAGE, including any directed changes or potential changes in the Contracted Services, pending resolution of such Dispute. 14 SUSPENSION OF SERVICES 14.1 VILLAGE may, at any time, with or without cause, suspend all or any portion of the Contracted Services for a period of up to 90 days ( "Suspended Services "). CONSULTANT shall immediately stop the performance of the Suspended Services, until such time as VILLAGE issues direction to CONSULTANT to resume the Suspended Services. CONSULTANT shall take such action as is reasonably necessary to protect the Suspended Services and take such additional action as directed by VILLAGE. An equitable adjustment may be made in accordance with the Change Order procedures of this Contract. 15 FORCE MAdEURE 15.1 VILLAGE shall not be responsible for delay in the performance of its obligations under this Contract caused by a force majeure event. To the extent that Contracted Services are delayed by a force majeure event, CONSULTANT will be entitled to an equitable adjustment. For purposes of this Contract, a °force majeure event" is an occurrence or circumstance beyond the control of the claiming party and may include, but is not limited to extraordinary weather conditions, or other natural catastrophes, war, riots, strikes, lockouts, or other industrial disturbances or acts of any governmental agencies. Public Works Department 4 of 24 12/18/2012 16 TERMINATION FOR CONVENIENCE Village of'Morton Grove 16.1 All or part of this Contract may be terminated by VILLAGE for its convenience. In such event. CONSULTANT will be entitled to Compensation for Contracted Services performed up to the date of termination. CONSULTANT shall not be entitled to compensation or profit for Contracted Services not performed. 17 TERMINATION FOR KFAUTLT 17.1 VILLAGE may at any time, by written notice, terminate the whole or any part of this Contract for default ( "Termination for Default) upon failure of CONSULTANT to promptly cure such default in such time as VILLAGE may reasonably allow. For the purposes of this Contract, default includes but is not limited to (i) failure to strictly adhere to the terms and conditions ofthis Contract; (ii) failure to maintain progress so as to endanger proper performance of the Contracted Services; or (iii) failure to maintain adequate financial or legal capacity to properly complete the Contracted Services. 17.2 In the event of Termination for Default, CONSULTANT will be compensated for the Contracted Services properly performed prior to such termination for default. VILLAGE may withhold any outstanding Compensation otherwise due to CONSULTANT' pending final completion and acceptance of the Contracted Services and an accounting of related costs. In the event that the withheld amount exceeds the damages associated with CONSULTANT's default, VILLAGE shall promptly pay such excess funds to CONSULTANT. In the event of shortfall between such costs and any amounts due to CONSULTANT, CONSULTANT shall promptly pay VILLAGE for such shortfall within 3 days of VILLAGE's written demand for such payment. 17.3 If, after notice of Termination for Default, it is determined for any reason that CONSULTANT was not in default, the rights and obligations of the parties shall be the same as if the noticeof'iermination had been issued pursuant to Termination for Convenience. 18 INSURANCE 18.1 CONSULTANT shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in conjunction with the performance of the work hereunder by the CONSULTANT, his agents, representatives, employees or SUBCONSULTANTs. 18? Minimum Scope of Insurance Coveraee shall be at least as broad as: L Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village named as additional insured, on a form at least as broad as the 5 Public Works Department of24 12/18/2012 Tillage ofMorlon Grove attached sample endorsement including ISO Additional Insured Endorsement CG 2010, CG 2026; and 2. Owners and Contractors Protective Liability (OCP) policy with the Village as insured Required if box is checked; and 3. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 `'Any Auto." 4. Workers' Compensation as required by the Workers' Compensation Act of the State of Illinois and Employers' Liability insurance. 5. Builder Risk Property Coverage with Village as loss payee - Required if box is checked❑ 183 Minimum Limits of insurance A. CONSULTANT shall maintain limits no less than the followimn I. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, and property damage and $1,000,000 per occurrence for personal injury. The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than $2,000,000 or a project - contract specific aggregate of $1,000,000. 2. Owners and Contractors Protective Liability (OCP); $1,000,000 combined single limit 3. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 4. Workers' Compensation and Employers' Liability: Workers' Compensation Coverage with statutory [units and Employers' liability limits of $500,000 per accident. 5. Builder's Risk: Shall insure against "All Risk" of physical damage, including water damage (flood and hydrostatic pressure not excluded), on a completed replacement cost basis. B. Deductibles and Self - Insured Retentions Any deductibles or sell' insured retentions must be declared to and approved by the Village. At the option of the Village, either, the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the Village, its officials, agents, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing Public Works Department 6 of 24 12/18/2012 Village of Morton Grove payment of losses and related investigation, claim administration and defense expenses. C. Other Insurance provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a. The Vil lage, its officials, agents, employees and volunteers are to be covered as additional insured as respects: liability arising out of the CONSULTANT's work, including activities performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, leased or used by the CONSULTANT; or automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the Village, its officials, agents, employees and volunteers. b. The CONSULTANT's insurance coverage shall be primary as respects the Village, its officials, agents, employees and volunteers. Any insurance or self- insurance maintained by the Village, its officials, agents, employees and volunteers shall be excess of CONSULTANT's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officials, agents, employees and volunteers. d. The CONSULTANT's insurance shall contain a Severability of Interests /Gross Liability clause or language stating that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ability. e. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form,' then the CONSULTANT'shall be required to name the Village, its officials, agents, employees and volunteers as additional insureds. £ All general liability coverages shall be provided on an occurrence policy form. Claims -made general liability policies will not be accepted. Public Works Department 7 of24 12/18/2012 Village of Morton Grove 2. Workers' Compensation and Employers' Liability Coverage The insurer shall agree to waive all rights of subrogation against the Village, its officials, agents, employees and volunteers for losses arising from work performed by CONSULTANT for the Village. 3. Professional Liability (Required if Box is checked) ❑ a. Professional liability insurance with limits not less than $1,000,000 each claim with respect to negligent acts, errors and omissions in connection with professional services to be provided under the contract, with a deductible not -to- exceed $50,000 without prior written approval. If the policy is written on aclaims -made form, the retroactive date must be equal to or preceding the effective date of the contract. In the event the policy is cancelled, non - renewed or switched to an occurrence form, the CONSULTANT shall be required to purchase supplemental extending reporting period coverage for a period of not less than three (3) years. c. Coverage (architect., engineer, surveyor, consultant): Professional liability insurance that provides indemnification and defense for injury or damage arising out of acts, errors, or omissions in providing the following professional services, but not I invited to the following: 1. Preparing, approving, or failure to prepare or approve maps, drawings, opinions, report, surveys, change orders, designs or specifications; 2. Providing direction, instruction, supervision, inspection, engineering services or failing to provide them, if that is the primary cause of injury or damage. 4. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Village. D. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A -, VII and licensed to do business in the State of Minois. Public Works Department g of24 12/18/2012 F. Verification of Coverage Village (if Morton Grove CONSULTANT shall furnish the Village with certificates of insurance naming the Village, its officials, agents, employees and volunteers as additional insureds, and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements may be on forms provided by the Village and are to be received and approved by the Village before any work commences. Other additional insured endorsements may be utilized, if they provide a scope of coverage at least as broad as the coverage stated on the ISO Additional Insured Endorsements CG 2010 or CG 2026. The Village reserves the right to request full certified copies of the insurance policies and endorsements. F. Subcontractors CONSULTANT shall include all SUBCONSULTANTS as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. G. Assumption of Liability The CONSULTANT assumes liability for all injury to or death of any person or persons including employees of the CONSULTANT, any sub- contractor, any supplier or any other person and assumes liability for all damage to property sustained by any person or persons occasioned by or arising out of any negligent acts or intentional misconduct of the CONSULTANT for the work performed pursuant to this agreement. 19 INDEMNITY 19.1 To the fullest extent permitted by law, the CONSULTANT hereby agrees to defend, indemnify and hold harmless the Village, its officials, agents and employees., against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, cost and expenses, which may in anywise accrue against the Village, its officials, agents and employees, arising in whole or in part or in consequence of the negligent acts, errors, and omissions in the performance of this work by the CONSULTANT, its employees, or subcontractors, or which may in anywise result therefore, except that arising out of the sole legal cause of the Village, its agents or employees, the CONSULTANT shall, at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefore or incurred in connections therewith, and, if any judgment shall be rendered against the Village, its officials, agents and employees, in any such action, the CONSULTANT shall, at its own expense, satisfy and discharge the same. 19.2 CONSULTANT expressly understands and agrees that any performance bond or insurance policies required by this contract, or otherwise provided by the CONSULTANT, shall Public Works Department 9 of24 12/18/2012 Villahe of'Morton Grove in no way limit the responsibility to indemnify, keep and save harmless and defend the Village, its officials, agents and employees as herein provided. 193 The CONSULTANT further agrees that to the extent that money is due the CONSULTANT by virtue of this contract as shall be considered necessary in the judgment of the Village, may be retained by the Village to protect itself against said loss until such claims, suits, orjudgrnents shall have been settled or discharged and /or evidence to that effect shall have been furnished to the satisfaction ofthe Village. 19.4 CONSULTANT shali not be liable under this Article to the extent that such Loss was caused by the sole negligence or willful misconduct of VILLAGE. 20 INFRINGEMENT 20.1 CONSULTANT shall not infringe upon any intellectual property (including but not limited to patents,"trademarks or copyrights) (`Intellectual Property ") in the performance of this Contract In the event that CONSULTANT is alleged to have infringed upon such Intellectual Properly, in addition to CONSULTANT's obligations under the Indemnity provisions above, CONSULTANT shall, at the sole discretion of VILLAGE and at CONSULTANT's sole expense: (i) procure for VILLAGE the right to continue using the infringing subject matter, (ii) replace or modify the infringing subject matter so that it becomes non- infi-midna but still complies with the requirements of the Contract made to CONSULTANT relating to or impacted by VILLAGE resulting from such infringement. 21 DISPUTES or (iii) reimburse VILLAGE for all payments by the infringing material and all costs incurred 21.1 Any dispute related to this Contract shall be submitted to a panel consisting of at least one representative of each party who shall have the authority to enter into an agreement to resolve the dispute. The panel may meet or may conduct its discussions by telephone or other electronic means. In the event that the panel is unable to reach a mutual resolution of the dispute, or has failed to convene within two weeks of the request of either party, the matter may be referred by either party to a court of appropriatejurisdiction. 21.2 All communications between the parties or their representatives in connection with the attempted resolution of any dispute shall be confidential and deemed to have been delivered in furtherance of dispute settlement and shall be exempt from discovery and production, and shall not be admissible in evidence whether as an admission or otherwise, in any arbitration, judicial or other proceeding for the resolution of the dispute. 213 Pending any final judicial decision or settlement, CONSULTANT shall proceed diligently with the Contracted Services. Public Works Department 10 of24 12/18/2012 22 NOTICE Vill(w ofMorion Grove 22.1 Any notice or communication required or permitted by this Contract shall be deemed sufficiently given if in writing and when delivered personally or upon receipt of registered or certified mail, postage prepaid with the U.S. postal Service, and addressed as follows: VILLAGE: Village of Morton Grove Public Works 7840 North Nagle Avenue Morton Grove, Illinois 60053 Attn: Chris Tomich Village Engineer or, CONSULTANT: Ayres Associates Inc 1802 Pankratz Street Madison, Wisconsin 53704 Attn: Mr. Kirk Contrucci Vice President or to such other address as the party to whom notice is to be given has furnished by the receiving party in writing. 23 REMEDIES 23.1 No remedies or rights conferred upon VILLAGE by this Contract are intended to be exclusive of any remedy or right provided by law or equity, but each shall be cumulative and shall be in addition to every other remedy or right given herein or now or hereafter existing at law or in equity. 24 CONFIDENTIAL INFORMATION 24.1 All information and data disclosed by VILLAGE or otherwise developed or obtained under this Contract shall he deemed to be proprietary and confidential information ( "Confidential Information "). Public Works Department I I of24 12/18/2012 Village of Morlon Grove 24.2 CONSULTANT shall not disclose Confidential Information without VILLAGE's written consent. Those persons under CONSULTANT's control shall not use Confidential Information for any purpose other than for the proper performance of the Contracted Services. 24.3 CONSULTANT's obligations under this Article shall not apply to Confidential Information that is (i) in the public domain without breach of this Contract; (ii) developed independently by CONSULTANT; (iii) received by CONSULTANT on a non - confidential basis from others who had a right to disclosure such Confidential Information; or (iv) required to be disclosed by Law, but only after actual prior written notice has been received by VILLAGE and VILLAGE, has had a reasonable opportunity to protect disclosure of such Confidential Information. 24.4 CONSULTANT shall ensure that the foregoing obligations of confidentiality and use also extend and bind the employees and agents of CONSULTANT and its lower -tier subeonsultants and CONSULTANTs who have been provided access to the Confidential Information under this Contract. 25 RIGHTS IN DATA 25.1 CONSULTANT agrees that all data and information in hard copy, electronic, or any other format, disclosed, developed or obtained under this Contract ( "Data "), other than CONSULTANT's Confidential Information, shall be and remain the sole property of VILLAGE. Delivery ofthe Data to VILLAGE shall be a precondition for Final Payment. 25.2 CONSULTANT shall promptly deliver all Data to VILLAGE upon VILLAGE's request. CONSULTANT shall be fully responsible for the care and protection of the Data until such delivery. CONSULTANT may retain one copy of the Data for CONSULTANTS archives subject to CONSULTANT's continued compliance with the provisions of this Article. 25.3 CONSULTANT agrees not to assert, or to allow persons performing under CONSULTANT's control, to assert any rights to Data or establish any claim under design, patent Or copyright laws. It is expressly agreed that all copyrightable or patentable Data produced under the Contracted Services has been specifically commissioned by VILLAGE, shall be considered `work for hire", and that all copyrightable and other proprietary rights therein shall vest solely in VILLAGE. 25.4 CONSULTANT understands and agrees that all rights under copyright and patent laws under this Contract belong to VILLAGE. CONSUL T'ANT hereby assigns any and all rights, title and interests Linder copyright, trademark and patent law to VILLAGE, and agrees to assist VILLAGE in perfecting the same at VILLAGE's expense. Except as otherwise provided in this Contract, said documents shall be delivered to VILLAGE without additional cost to VILLAGE. Public Works Department 12 of24 12/18/2012 26 COMPONENT WARRANTY Village of llorlon Grove 26.1 CONSULTANT represents and warrants that all information technology components, including, but not limited to hardware, software, accessories and peripherals, tools and utilities (collectively, "Components ") provided by it and /or delivered to VILLAGE as part of this Contract will accurately process date /time data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty -first centuries, and ]cap year calculations. Furthermore, Components, when used in combination with other components, shall accurately process date /time data if the other components properly exchanges date /time data with it. This warranty shall survive for the full term of the applicable statute of limitations. 26.2 Within 5 days of discovery of any non- compliance, the discovering party shall notify the other party and, at VILLAGE'S sole option CONSULTANT shall, within 10 days of notice, repair or replace the non - compliant component at no cost to VILLAGE or refund VILLAGE's purchase price. 27 SURVIVAL OF TERMS 27.1 Articles on Indemnity, Confidential Information and Rights in Data shall survive termination of this Contract. 28 ASSIGNMENT AND CONTRACTING 28.1 CONSULTANT shall not assign or contract this Contract nor any rights or obligations herein without the prior written consent of VILLAGE. In the event this Contract is assigned or contracted by CONSULTANT, CONSULTANC shall remain responsible to VILLAGE for the proper performance ofCONSULTANT`s obligations under this Contract. 28.2 The terms and conditions of CONSULTANT's contracts or assignments under this Contract shall, at a minimum, require the CONSULTANT or assignee to fully comply with this Contract unless otherwise authorized in writing by VILLAGE. 29 AMENDMENT AND WAIVER 24.1 This Contract may be amended only by a writing executed by each of the parties. Either party may waive any provision of this Contract to the extent such provision is for the benefit of such waiving party. No action taken pursuant to this Contract shall be deemed to constitute a waiver by that party of its or the other party's compliance with any representations or warranties or with any other provision of this Contract. No waiver by either party of a breach of any provision of this Contract shall be construed as a waiver of any subsequent or different breach, and no forbearance by a party to seek a remedy for noncompliance or breach by the other party Public Works Department 13 of 24 12/18/2012 Villoge of Morton Grove shall be construed as a waiver of any right or remedy with respect to such noncompliance or breach." 30 SEVERABILITY 30.1 The invalidity or unenforceability of any particular provision of this Contract shall not affect the other- provisions, and this Contract shall be construed in all respects as if any invalid or unenforceable provision were omitted. 31 GOVERNING LAW 31.1 The validity, construction and performance of this Contract and all disputes between the parties arising out of or related to this Contract shall be governed by the laws, without regard to the law as to choice or conflict of law, of the jurisdiction set forth in the Contract, or if not expressly set forth, in thejurisdiction where the project Site is located. 32 VENUE, JURISDICTION AND SERVICE OF PROCESS 32.1 The parties agree that any suit, action or proceeding arising out of or related to this Contract shall be instituted in the Federal District Court (Chicago) or in the appropriate state court in Cook County, Illinois, and each party irrevocably submits to the jurisdiction of those courts and waives any and all objections to jurisdiction or venue that it may have under the laws of such state or otherwise in those courts in any such suit, action, or proceeding. 33 CONFLICT OF INTEREST 33.1 The CONSULTANT represents and certifies that, to the best of its knowledge, (1) no Village employee or agent is interested in the business of the CONSULTANT or this Contract; (2) as of the date of this Contract neither the CONSULTANT nor any person employed or associated with the CONSULTANT has any interest that would conflict in any manner or degree with the performance of the obligations under this Contract; and (3) neither the CONSULTANT nor any person employed by or associated with the CONSULTANT shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Contract 34 NO COLLUSION 34.1 The CONSULTANT represents and certifies that the CONSULTANT is not barred from contracting with a unit of state or local government as a result of (1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless the CONSULTANT is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of the tax, as set forth in Section 1 1 -42. 1 -1 et seq, of the Illinois Muniepal Code, 65 ILCS 5/11 -42. 1 -1 et seq.; or (2) a violation of either Section 33E -3 or Section 33E -4 or Article 33E of the Criminal Code of 1961, 720 ILCS 5/22E -1 et seq. The CONSULTANT represents that the only persons, fir;ns, or coroporations interested Public Works Department 14of24 12/18/2012 Village ofMorton Grove in this Agreement as principals are those disclosed to the Village prior to the Contract, and that this Contract is made without collusion with any other corporation. If at any time it shall be found that the CONSULTANT has, Contract, colluded with any other person, firm, or corporation, then the CONSI liable to the Village for all loss or damage that the Village may suffer, and this the Village's option, be null and void. 35 ENTIRE AGREEMENT execution of this person, firm, or in procuring this 1LTANT shall be Contract shall. at 35.1 This Contract embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Contract, and supersedes all prior agreements, understandings, negotiations, representations and discussions, whether verbal or written, of the parties, pertaining to that subject matter. 3 3. 1 The following exhibits are attached and made part of this agreement: 33.1.1 Attachment A — Contracted Services 33. 1.2 Attachment B — Compensation and Payment 13. 1.3 AttachmentC — Change Order 33.1.4 Attachment €)— Project Area Map 33. 1.5 Attachment F — Planimetric Features Llist VILLAGE ,V ' Signature Rvan J. Horne Name (Typed or Printed) flame Ayres Associates Inc 1802 Pankratz Street Madison, WI 53704 Signature Kirk Contrucci Name (Typed or Printed) Date Public Works Department 15 of24 12/18/2012 Attachment A Contracted Services BASIC SERVICES 1.1 General Village of Morton Grove I.I.I CONSULTANT shall provide professional services for VILLAGE as hereinafter provided. 1.2 Photogram metric Services After written authorization to proceed, CONSULTANT shall: 1.2.1 Obtain digital aerial imagery for the entirety of the Village of Morton Grove. The photography will be flown with 60 percent forward lap and 30% sidelap. A map of the area to be covered by aerial imagery is represented on Attachment D. 1.2.2 Perform analytical aerotriangulation to support planimetric mapping to I "= 50' scale standards. 1.23 Prepare update planimetric snapping for portions of the Village, which will include the planimetric features as listed on Attachment E. Planimetric mapping will be consistent with I '= 50' scale standard map features. CONSULTANT will topologically structure the planimetric data and deliver as ESRI geodatabase. The project area for update mapping will consist of a total of approximately 4.0 PLSS quarter section equivalents, or 640 acres. The specific geographic area to be mapped will be defined by the Village prior to acquisition of aerial photography (paragraph 3.1.9). 1.2.4 Deliverable products will include: o Digital planimetric mapping in ESRI geodatabase format o FGDC compliant metadata ADDITIONAL, SERVICES 2.1 Services Requiring Authorization in Advance If authorized in writing by VILLAGE, CONSULTANT shall furnish or obtain from others Additional Services as hereinafter provided. These services are not included as part of Basic Services and will be paid for by VILLAGE as indicated in Attachment C. 2. I.1 Services to investigate existing conditions or facilities or to verify tite accuracy of information furnished by OWNER. Public Works Department 16 of 24 12/18/2012 Village of Morton Grow 2.1.2 Services resulting from signifieantchanges in the general scope, extent or character of the Project. 2.1.3 Furnishing services of independent professional associates and consultants for other than Basic Services. 2.1 A Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration or other legal or administrative proceeding involving the Project. 2.1.5 Additional services in connection with the Project, including services which are to be furnished by OWNER, and services not otherwise provided for in this Agreement. 3.1 VILLAGE'S RESPONSIBILITIES In addition to the OWNER's responsibilities listed in Article 3, OWNER shall do the following in a timely manner so as not to delay the services of CONSULTANT: 3.1.1 Furnish to CONSULTANT. as required for performance of CONSULTANT's Basic Services, the following, all of which CONSULTANT may use and rely upon in performing services Under this Agreement. 3.1.2 Other special data or consultations not covered under BASIC SERVICES and ADDITIONAL SERVICES. 3.1.3 To the extent allowed bylaw, arrange for access to and make all provisions for CONSI LTANT to enter upon public and private property as required for CONSULTANT to perform services Under this Agreement. 3.1.4 Furnish approvals and permits from al& governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Protect. 3.1.5 Give prompt written notice to CONSULTANT whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of CONSULTANT's services. 3.1.6 Furnish, or direct CONSULTANT to provide, Additional Services as stipulated in paragraph 2.1 ofthis Agreement or other services as required. 3.1-7 Bear all costs incident to compliance with the requirements of Article 3, as amended and supplemented by Attachments A and C. 3. L8 OWNER has designated the following representative to serve as the Quality Assurance /Quahty Control for the project: Thomas Thomey; MGP, lnc.; 701 Lee Street; Public Works Department 17 of24 12!18/2012 Village ofMorlon Grove ° Suite 1020; Des Plaines, IL 60016; Phone: (847) 656 - 5698. CONSULTANT will deliver Preliminary Orthophotography Product to the above designee. 3.1.9 OWNER will provide CONSULTANT with accurate boundaries for the aerial photography coverage and specific mapping boundaries prior to aerial photo acquisition. 11.10 Prior to commencement of mapping, OWNER will provide CONSULTANT' with the most cuirentESRI Geodatabase which includes the existing Planimctric and Digital Terrain Model (DTM). The geodatabase shall reflect the most current feature geometry and attribution, 4.1 PROJECT SCfi EDULL 4.1.1 The services called for in Attachment A - Contracted Services will be completed and submitted as follows: 4.1.1.1 Preliminary deliverable. CONSULTANT will deliver the preliminary mapping products to OWNER by November I, 2013, provided that the CONSULTANT' receives the existing DTM data in Geodatabase format from OWNER, as stated in paragraph 3.13, Attachment A, by March 15, 2013. Delay in the Geodatabase delivery from OWNER to CONSULTANT will result in equivalent delay for delivery to OWNER. 4.1.1.2 QA/QC Review. OWNER, or the designeeas stated in paragraph 1.11 Attachment A. will review the preliminary mapping products and compile suggestions for modification and adjustment and submit review to CONSULTANT within 15 calendar days of receipt of preliminary mapping. 4.1.1.3 Final Deliverable. CONSULTANT will make final delivery of the mapping products (all deliverables) within 15 calendar days of receipt of the QA /QC Review from OWNER, or the designee as stated in paragraph 3.11 Attachment A. 4.1.2 CONSULTANT's services under this Agreement shall be considered complete at the earlier of (1) the date when the submissions have been accepted by VILLAGE or (2) thirty days after the date when such submissions are delivered to VILLAGE. 4.1.3 If VILLAGE has requested significant modifications or changes in the general scope, extent or character of the Project, the time of performance of CONSULTANT's services shall be adjusted equitably as detailed in Attachment C. 4.1 .4 If CONSULTANT's services for the Project are delayed or suspended in whole or in part by VILL AGE for more than three months for reasons beyond CONSULTANT's control, CONSULTANT shall on written demand to VILLAGE (but without termination of this Agreement) be paid for services rendered at the start of the delay. Public Works Department 18 of 24 12/18/2012 Village of Morton Grove Attachment B Compensation and Payment 5.1 METHODS OF PAYMENTS FOR SERVICES AND EXPENSES 5.1.1 Basic Services. V ILLAGE shall pay CONSiJ LTANT for Basic Services rendered as follows: Color Aerial Imagery Acquisition Establish ground control points Aerotriangulation Planimetric Map Updates Total Fees Not to Exceed--- -- -- - -S 1 6,089.00 The above costs include al I direct and reimbursable expenses for the identified tasks. The CONSULTANT shall not exceed the total fee identified above without prior authorization detailed in Attachment C. 5.1.2 Additional Services. VILLAGE shalR pay CONSULTANT for Additional Services rendered as follows: 5.1.4.1 General. For Additional Services of CONSULTANT's principals and employees engaged directly on the Project and rendered pursuant to paragraph 2.1 on the basis of CONSULTANT's Direct Labor Costs times a factor oF2.8. 5.1.4.2 Professional Associates and Subconsultants. For services and Reimbursable Expenses of independent: professional associates and subconsultants employed by CONSULTANT to render Additional Services pursuant to paragraph 2. 1, the amount billed to CONSULTANT tile refore times afactor of 1.15. 5.1.4.3 Serving as a Witness. For services rendered by CONSULTANT's principals and employees as consultants or witnesses in any litigation, arbitration or other legal or administrative proceedings in accordance with paragraph 2.1.4, at the rate of $1,000.00 per day or any portion thereof. 5.13 For Reimbursable Expenses. In addition to payments provided for in paragraphs 5. 1.1 and 5.1.2, VILLAGE shall pay CONSULTANT the actual costs (except where specifically provided otherwise) of all Reimbursable Expenses incurred in connection with all Basic and Additional Services. 5.1.4 The terms "Direct Labor Costs" and "Reimbursable Expenses" have the following mean i n sus: Public Works Department 19 of 24 12/18/2012 Village g /Morton Grove 5.1.4.1 Direct Labor Costs used as basis for payment means salaries and wages (basic and incentive) paid to all CGNSULTANTS's personnel en"aged directly on the Project, but does not include indirect payroll related costs. 1.4.2 Reimbursable Expenses rnean the actual expenses incurred by CONSULTANT or CONSULTANT's independent professional associates or consultants, directly or indirectly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; telephone calls, electronic mail, facsimile transmissions, and telegrams; expenses incurred for computer time., word processing equipment, survey, and other highly specialized equipment: and reproduction of reports, documents, and similar Project - related items. 5. L5 CONSULTANT shall submit invoices not more than once monthly with the tasks Listed and percent complete for each item. Public Works Department 20 of 24 12/18/2012 Attachment C CHANGE ORDER Village of Morton Grove In accordance with Article 13 of the Consulting Services Contract dated 20_ ( "Contract ") between the Villa!, =e of Morton Grove ( "VILLAGE ") and _ ( °CONSULTAN- 1 ... ), this Change Order modifies the Contract as follows: I. Change in Contracted Services: 2. Change in time of Performance {attach schedule if appropriate): 3. Change in CONSULTANT's Compensation: All other terms and conditions remain unchanged. VILLAGE CONSULTANT Signature Name (Printed or Typed) Date Signature Name (Printed or Typed) Date Public Works Department 21 of24 12/18/2012 Attachment D Project Area Map Village of Morlon Grove Aerial Photography Limits — Public Works Department 22 of24 12/18/2012 77T, Aerial Photography Limits — Public Works Department 22 of24 12/18/2012 Villoge of /ulorlon Grove Fci�trecl3s Svc FemWreft s Sub -ire C.r+' C "'rk t Pa.rci J`v - _ IrV ^4V: �. r' P1EV ihRevar P=! +r .x3'. 3YSsa.1.LG:� Jro:aa r. ncai'p?as, saut_s !'� ar.L1:.K e ^ALT F_tlacF'G} tki: It: Gu ;'.un 71zJnx.c^1etJ,,Xrr &"lr' xe,e I a'ie5. ' y.ii yc IS: uT{t4A_N' UN= � I i�u�� �_E•� ,��:; -ter; fa,IHrxA.Te LINE Sns. o.2_fr.?! "]= Urvr!aac i"a, D',»t F.7'<_s °or P.A417 . ax I a:?vvL {E I ✓ii;rx,m I U^�vc: � ca.�nt r�vas 'fp 'W ECiLi' UvnCtw4 � tv35vr65I�.' } tAS F`ACi2'vIi`.IiNL � v3r,47 if 0.i I ONw � /attachment L - Planimetric Features List Public Works Department 2:3 of 24 2 /18/2012 Villoge of Morton Grove Public Works Department 24of24 12/1 8/2012 Legislative Summand AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE SECTIONS 12 -4 -31) AND 1247 -1 TO MODIFY ALLOWABLE COMMERCIAL USES IN THE C -1, C -2 AND C/R DISTRICTS AND UPDATE SELECTED COMMERCIAL DEFINITIONS Introduction: .January 14, 2013 Synopsis: This ordinance will approve a text amendment to modify uses allowed in the C -1, C -2, and C/R Districts and to update selected commercial definitions in the Unified Development Code. Purpose: To update commercial uses and definitions in the C -1, C -2, and C/R Districts based on recent updates to Title 4 and to reflect current commercial market trends. Background: The Unified Development Code (tJDC) is a comprehensive set of regulations for the zoning of land and development of parcels within the Village. The current changes are proposed to address some discrepancies between definitions, allowable uses, and general intent of the recently updated Title 4 and the UDC. For example, Title 4 references such uses as kennels, microbreweries, bars and taverns, etc., however these uses either are not currently permitted in the UDC and /or are only allowed in a limited basis, in conjunction with other uses. The current changes also include selected amendments based on recent trends in business inquiries or noticeable discrepancies between current UDC language and current business uses. These include changes to allow for accessory use of a shared rental kitchen and food sale with a catering use, an updated automobile minimart station definition, addition of commercial services and health /beauty services uses to include businesses that currently exist but for which there are no current classifications, and new /amended definitions for limited service massage � businesses (hand /foot massage therapy, etc.) vs. full body massage establishments. The text amendment language was derived from research of other comparable communities and /or From Title 4. The Plan Commission recommends approval of these amendments. Programs, Departs Building and Inspectional Services and Community and Economic Development Departments or Groups Affected Fiscal impact: i N/A Source of Funds: N/A Workload Impact: These amendments will be implemented by the Director of Community Development and the Building Department in the normal course of business. Admin Recommend: Approval as presented Second Reading: .January 28, 2013, Required — Municipal Code Book change Special Consider or Requirements: I None Submitted by: Reviewed by Ryr, J. 1-lorn , Village Administrator' Teresa Hoffman Liston, Corporation Counsel Prepared by: cy M. �R' 'z is t, ommuuit5 aid Econonic Development Director ORDINANCE 13 -01 AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE SECTIONS 12 -4 -31) AND 12 -17 -1 TO MODIFY ALLOWABLE COMMERCIAL USES IN THE C -1, C -2 AND C/R DISTRICTS AND UPDATE SELECTED COMMERCAAL WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village continuously reviews and, as it deems necessary, updates existing Municipal Codes to assure they are kept current and relevant; and WHEREAS, the applicant, the Village of Morton Grove, has made a proper application to the Plan Commission in Case No. PC 12 -08 to consider and recommend the adoption of certain text amendments to the Village of Morton Grove Unified Development Code, Sections 12 -4 -313 and 12 -17- 1 to modify uses allowed in the C -1, C -2 and C/R Districts and update selected definitions for commercial uses; and WHEREAS, upon public notice duly published in the Morton Grove Champion Newspaper, a newspaper of general circulation in the Village of Morton Grove, which took place on November 29, 2012, and a public hearing conducted on December 17, 2012, relative to the above referenced case at which time all concerned parties were given the opportunity to present and express their views for the consideration of the Plan Commission. As a result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated January 8, 2013, a copy of which is attached hereto and made a part hereof and marked as Endubit,`.`'.; and WHEREAS, the Corporate Authorities have concluded updating the allowable uses in commercial zoning districts and associated definitions is appropriate and consistent with the intent of the C -1, C -2, and C/R Districts within the Village of Morton Grove, and is consistent with development trends within the surrounding areas of the Village of Morton Grove, and will allow for greater flexibility and creativity in the use of available land within the Village; and WHEREAS, the Corporate Authorities have considered this matter at apublic meeting and find the text amendment, when evaluated in the context of the whole Village, serves the public good. WHEREAS, the Village is desirous of assuring all policies are kept current and relevant. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The following section of the Unified Development Code, 12 -4 -31), entitled "Uses" (for the C1, C2 and C/R Districts) is hereby amended per "Exhibit A -I," attached. SECTION 3: The following section of the Unified Development Code, 12 -17 -1, entitled "Terms Defined" is hereby amended is hereby amended per "Exhibit A -2," attached. SECTION 4: The Corporate Authorities, in particular the Village Clerk, are hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to conform to this text amendment. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 28 "' of January 2013. Trustee DiMaria Trustee Gomberg Trustee Great Trustee Marcus Trustee Thi1I Trustee Toth APPROVED by me this 28"' of January 2013 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 28 "' of January 2013 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois EXHIBIT «A» Village of &Uorton grove Communxtg and Economic Development Direct 3 eiep &ores £ `^ " To: Village President and Board of Trustees From: i Re: Ronald Farkas, Plan Commission Chairperson fancy M. Radzevich, AICP, Director of Community Development Plan Commission Case PC12 - 08; Request for Text Amendments to Chapter 4 and Chapter 17 of the Unified Development Code regarding commercial uses and definitions Commission Renort Public Notice was provided for the public hearing for this request in accordance with applicable requirements. A public notice was published in the local newspaper (Pioneer Press) on November 29, 2012. As this request is for a text amendment, not a request for a specific site, no public notice signs or notification letters were required. This case was presented at a public hearing on December 17, 2012, conducted by the Morton Grove Plan Commission after public notice was duly provided, as noted above, for Plan Commission case PC12 -08. PC12 -08 consists of a request by the Village of Morton Grove for text amendments to Sections 12 -4 -3 and 1.2 -17 -1 of the Unified Development Code to modify some of the allowable uses in Commercial Districts and to add and /or amend some of the commercial business definitions. The Interim Director of Community and Economic Development, Nancy Radzevich, introduced the case on behalf of the Village at the public hearing, reviewed details of the request — Including the proposed text amendment language — provided testimony and answered specific questions. Additional testimony, as needed, was provided by the Corporation Counsel, Teresa Liston, the Building Commissioner, Bill Porter, and the Assistant to the Village Administrator, Peter Falcone. Ms. Radzevich explained that while the village staff will be initiating a more comprehensive update to the Unified Development Code, the current changes are being proposed to address questions and /or issues that arose during the drafting of the update to Title 4 of the Village of Morton Grove Municipal Code. Specifically, through the course of updating Title 4, staff discovered some discrepancies between definitions, allowable uses, and general intent of some aspects of Title 4 and Title 12. Ms. Radzevich noted, for example, that Title 4 references such uses as kennels, microbreweries, bars and taverns, etc., but that Title 12 currently does not specifically permit these uses and /or only allows them in a limited basis, in conjunction with other uses. In addition to amending these discrepancies, Ms. Radzevich explained that the text amendment language in PC12 -08 includes a few additional amendments based on recent trends in business Richard T. Flickinger Municipal Center 6101 Capulina Avenue e Morton Grove, Illinois 60053 -2985 Tel: (847) 965 -4100 Fax: (847) 965 -4162 inquiries and /or discrepancies between code language and current, practical 'business uses. These changes include: • Permitting Shared Rental Kitchen and Food Sales as allowable accessory uses to Catering, O Updating the Automobile MinimartStation definition, • Creating Commercial Services and Health /Beauty Services uses to address businesses that currently exist but for which there are no clear classifications in Title 12, and ® Amending the massage establishment definition to distinguish between Limited Service Massage Businesses (hand /foot massage therapy, etc.) and Full Body Massage Establishments, Ms. Radzevich included a draft of the amended language in the Commission's packet, and noted that the suggested changes had been highlighted in yellow. In response to a couple of questions as to the specific language included in some of the definitions, Ms. Radzevich explained that the proposed language was derived from research of other communities and /or mimicked language drafted for the Title 4 update. Members of the Commission noted that the proposed language does appear to include several types of businesses that have been opening in neighboring communities, such as Niles, and /or is consistent with business uses within Morton Grove. Findings of Fact — Text Amendment As described in the application to the Commission, the proposed text amendment included in PC! 2- 08 is intended to resolve some discrepancies between Titles 4 and 12 and to add /amend definitions for common business uses that currently exist in the marketplace. The amended language will not intensify or "down zone" any properties within the commercial districts, will benefit the Village as a whole and does not confer special rights upon the applicant (the Village). Further, the proposed text amendments are compatible with the purposes and objective of the Village's Plans. Commission Recommendation After hearing all the testimony, it was moved by Commissioner Roepenack and seconded by Commissioner Gabriel to recommend approval of the Text Amendments as presented in PC12 -08. The motion carried: Yes 5; No 0; Absent 2 The voting Chairman Farkas Aye Commissioner Blonz Absent Commissioner Dorgan Absent Commissioner Gabriel Aye Commissioner Roepenack Aye Commissioner Shimanski Aye Commissioner Witko Aye PC #12 -08 - EXHIBI i A -1 Draft: 121612012 12 -4 -3: COMMERCIAL DISTRICTS: A. Statement of Purpose: The regulation of the commercial districts is intended to control the development of commercial uses needed to provide the people of the village with goods and services. The regulation of these uses is based upon their impact on public facilities and their compatibility with other types of uses. Protection of the capacity and safety characteristics of the thoroughfare system and preservation of the residential neighborhoods of the village are paramount. Three (3) zoning districts are provided for commercial activity. Types of use permitted or allowed as a special use, maximum floor area ratios, and building height regulations apply in all commercial zoning districts. The three (3) zoning districts provide a broad range of opportunity for the development and preservation of commercial activity within the village. B. General Standards: The following standards apply to all commercial zoning districts: 1. All goods produced on the premises shall be sold at retail on the premises. 2. All permitted use transactions, servicing or processing, except off street parking and loading and open sales lots, shall be conducted within completely enclosed buildings. 3. All unpaved open areas on a developed lot shall be landscaped and maintained according to the standards set forth in chapter 11, "Landscaping And Trees ", of this title. 4. A solid fence not less than six feet (6') nor more than seven feet (T) in height shall be constructed and maintained along all lot lines abutting a residential zoning district, except where a public street or alley separates the districts. 5. Lighting of parking and loading areas shall be a minimum of one foot - candle on the surface. Such lighting shall be confined to the property boundary reaching as close to zero illumination at the property boundaries as possible and glare shall not be evident from surrounding properties or adjacent public rights of way. Lighting shall remain at full intensity for one hour after the normal closing hour and shall then be reduced in intensity or extinguished at the discretion of the property owner or manager. Lighting shall meet the lighting requirements in chapter 10, "Utilities ", of this title, which are available from the public works department. Light pole and fixture design shall be in accordance with the requirements set forth in chapter 12, "Design Standards ", of this title. C. Description of Districts: 1. C -1 General Commercial District: The C -1 general commercial district is intended to provide for the full range retail activity and commercial activity serving the village. This district promotes public convenience and business prosperity for the highest intensity area of retail, commercial, financial, and service facilities, as further promoted by the Waukegan Road and Dempster Street corridor master plans. Facilities required to serve the needs of governmental, educational, and recreational uses and those of a limited range of commercial uses with special performance characteristics may be permitted within the district as special uses. These are subject to the restrictions intended to preserve and protect their compatibility with regularly permitted uses in the C -1 zoning district and uses in adjacent zoning district. 1 PC #12 -08 — EXHIBIT A -1 Draft: 12 1612012 2. C -2 Neighborhood Commercial District: The C -2 neighborhood commercial district is intended to provide for groups of small business establishments located to serve frequent retail and personal service needs of residents within convenient traveling distance. It is not intended to permit major commercial or service establishments which would attract substantial amounts of trade from outside the neighborhood. Certain facilities required to serve governmental, educational, recreational and other needs of the area may be permitted within the district as special uses. These are subject to restriction intended to preserve and protect their compatibility with regularly permitted uses in the C -2 zoning district and uses in adjoining zoning districts. 3. C/R Commercial /Residential District: The intent of the C/R commercial /residential zoning district is to provide a higher density of residential use than In the R -3 general residence district and associated neighborhood commercial uses which service this higher density residential use. This district is also intended to create development which is compact, and pedestrian oriented. These goals are also promulgated in the Lehigh /Ferris subarea plan that encompasses a portion of the C/R commercial /residential zoning district. (Ord. 08 -19, 6 -9- 2008) D. Uses: Categories Of Use Accessory uses Apparel shops (including tailors and dressmakers) Appliance sales and service Art and educational supply stores Art galleries Assisted living facilities Audiovisual equipment, accessories and supply Automobile minimart station Zoning Districts X '; P C -1 C- C/R 2 P' P' P' -X -- S !,X_ P X X P X '; P P P P P X X P P I P P P S. 5... _ __ . . -, P X Automobile parking lots within 300 feet of the use served Automobile service station S3 S3 P S X. X 2 YC#12'08 -Cn f'tJ0 1 H-1 Draft: 12 1612012 Bicycle sales and repair t5weprmt estaousnment _ ._.. _ .. . ... --- - - - --- Book, magazine and newspaper stores Bridal shops Building material sales (no outside storage) Camera and photographic supplies Car wash Card and gift store __- -_- Catering (not in conjunction with other food sales or service) China and glassware shops Clothing rental Clubs and lodges Coin and stamp collecting store P X ,.' P P P P._. Automobile, truck or trailer rental S X X P P P X X P P i. Automotive accessory stores - retail (installation allowed) S X X Automotive accessory stores - retail (no service or installation) P X X Automotive repair (oil change, tires, brakes, auto glass, other S S X Bicycle sales and repair t5weprmt estaousnment _ ._.. _ .. . ... --- - - - --- Book, magazine and newspaper stores Bridal shops Building material sales (no outside storage) Camera and photographic supplies Car wash Card and gift store __- -_- Catering (not in conjunction with other food sales or service) China and glassware shops Clothing rental Clubs and lodges Coin and stamp collecting store P X ,.' P P P P._. P P P P X X P P i. P P X S _ P S S P P - P S X X . P P P P X S P X ! P S S I SS _ P X ,. P Commercial wireless communication services, as a principal use S2 S2 SZ Community residence - family (minimum spacing distance less than 330 S3 S3 S3 feet) 3 PC#12 -08 — EXHIBIT A -1 Draft: 121612012 Community residence - family (minimum spacing distance - 330 feet) P3 P3 ! P3 Dry cleaning - retail p p p Community residence - group (minimum spacing distance - 330 feet) S3 S3 S' ConWenence Store p P.__. Costume rental P X P , Currency exchange p p p _ ___ _, ....__..... Daycare 9 S- S — Multiple - family dwellings S3 S3 P or Daycare, adult S S S Department store P X X Domestic pet service (grooming) P X P Electrical fixtures P X ` S Drapery, curtain and window covering stores P X P Drive- through facilities S3 S3 + S3 Drugstores (pharmacies) ury cleaning establishment of 5,000 square feet or less, consisting of on site cleaning and/or laundering limited to articles dropped off at the same location 4 Dry cleaning - retail p p p — Dwellings: Attached dwellings S3 S3 P or S3 Multiple - family dwellings S3 S3 P or S+3 .. Senior citizen housing ... .. S3 S3 S3 _..:.. Electrical and telephone substations S Is ; S Electrical fixtures P X ` S Electronic media sales and rental (videotapes, cassettes, CDs, CD -ROM P P P DVDs, etc.) Electronics, sales and service P I X I S 4 Employment agencies cnzerrainmenr venue =P enteatalnment, etc.) Entertainment ticket office Fabric and sewing accessories Financial services Floor covering sales Flower shops /florists PC #12 -08 -EXHIBIT A -1 Draft: 12 1612012 Furriers ^P `~ X - X P Garden supply stores and greenhouse S X S Governmental offices and other facilities S S S Grocery stores (sales area 10,000 square feet or less) P P P Grocery stores (sales area >10,000 square feet) (see Supermarket) P S S Handicraft and hobby shops P P ! P Hardware stores P P P He�ft6lYb�avl�evtces-, �x�l�iitatc� :;a�r.��`faia`�iS33�aer��� �' X X �! �? Height of structure - in excess of the permitted height S X S P X P X X Houses of worship S S S Houses of worship, mega S S P P I P X P P X ! P P X X .. P P P Furriers ^P `~ X - X P Garden supply stores and greenhouse S X S Governmental offices and other facilities S S S Grocery stores (sales area 10,000 square feet or less) P P P Grocery stores (sales area >10,000 square feet) (see Supermarket) P S S Handicraft and hobby shops P P ! P Hardware stores P P P He�ft6lYb�avl�evtces-, �x�l�iitatc� :;a�r.��`faia`�iS33�aer��� �' X X �! �? Height of structure - in excess of the permitted height S X S Home improvement center P X X Houses of worship S S S Houses of worship, mega S S X Interior decorating shops P X P Jewelry sales and repair Kennels Kitchen and bathroom cabinet supply (display only) Laundromats (attendant on premises) Leather goods and luggage shops 5 P X P P X X 5 PC #12 -08 — EXHIBIT A -1 Draft: 121612012 Libraries S S S Liquor stores - retail P S S Locksmith shops P P P - Mail order catalog stores P X X X P Mailing service P P P P X X ' Massage )estabtish?nents�f�rll�r��yr;. .'.,� � -- _ P , X P P P S X Medical and dental offices /clinics (first floor) (including laboratories as P S P accessory use) P P 1 P Medical and dental offices /clinics (other than first floor) (including P P P laboratories as accessory uses) Medical appliances, laboratories, and supply stores (not manufacturers) P X ! X Mixed use developments Motel /hotel Motor vehicle dealer sales and service (automobiles, motorcycles, trucks, etc.) Multiple structures on zoning lot Musical instrument sales and repair Nursing homes Office equipment supply and service Offices - business, contractor, professional and public Open sales lots Optician and optometrist offices (including labs as accessory use) 5.3 S.3 P or 6 P X P P X X -- P X X P P P S X X P P 1 P 6 PC #12 -08 — EXHIBIT A -1 Draft: 12/6/2012 Outdoor seating areas for restaurants, taverns and specialty food stores P3 P3 P3 Paint and wallpaper stores p p P Pet shops P X P Photographic studios (including develop and print of on premises P X S pictures) Physical fitness and health services 1,000 square feet or less P X '; P Physical fitness and health services greater than 1,000 square feet S X X Picture framing _..p p� _p_ -- Planned unit development on 1 acre tracts or larger S° S4 S` —T_- ________ __- _ W. _ - ._ ___:_. __ .___ _ __- =WP Post office XT X _._ ._ --- _.__ ___ -._ .__. _ :.:_ _ -_- : -- -- _ _ :_ _ _.: Printing and photocopy shops (less than 2,000 square feet) P P P Printing and photocopy shops (greater than 2,000 square feet) P X S Public utility and public service use S S S Radio and television broadcasting studios S X ! X Radio and television sales and service P P S Recording studios P X X Recreation centers S S X -.-.__ . -:. - -- _- _ ._ Rental - household goods and merchandise _ S _.. X _.. X Restaurants - drive -in S3 S3 S3 Restaurants - sit down and carryout p g p - -. _._ : :.:. - -- _._.. _ Schools - commercial (e.g., driving, martial arts, learning center, etc) :.._ P X - a. P less than 1,000 square feet Schools - commercial (e.g., driving, martial arts, learning center, etc.) S X S greater than 1,000 square feet Sewing machine sales and service P X X T - - -- mm Shoe repair shops P P imm P 7 Shoe stores Taxidermists Telegraph and telephone company stores Temporary buildings - construction site Theaters - not drive -in Toy shops Travel service office Trophy and plaque sales (including assembly) Undertaking establishments Upholstery shops Key P = Permitted S = Special X = Not Permitted PC #12 -08 — EXHIBIT A -1 Draft: 12 1612012 P X P - -- _ ....... __ _._.. Tobacco and pipe shops P P S S Toy shops Travel service office Trophy and plaque sales (including assembly) Undertaking establishments Upholstery shops Key P = Permitted S = Special X = Not Permitted PC #12 -08 — EXHIBIT A -1 Draft: 12 1612012 P X P P P X f X P S P P S Notes: 1. See chapter 2, "General Provisions ", of this title. 2. See chapter 3, "Regulation Of Specific Uses In All Zoning Districts ", of this title. 3. See chapter 5, "Special Zoning Provisions ", of this title. 4. See chapter 6, ?Planned Unit Developments ", of this title. 5. Clubs and lodges in the C/R district shall have kitchen and dining facilities for members and guests, and shall be located on lots with not less than 25,000 square feet nor more than 35,000 square feet of area. M P X P P X P P S S cif /rrs r S S ! S , -. P X. X Pz Pz ! P2 S X S P P P P i P i P Lh - -- P P I P P X P - Notes: 1. See chapter 2, "General Provisions ", of this title. 2. See chapter 3, "Regulation Of Specific Uses In All Zoning Districts ", of this title. 3. See chapter 5, "Special Zoning Provisions ", of this title. 4. See chapter 6, ?Planned Unit Developments ", of this title. 5. Clubs and lodges in the C/R district shall have kitchen and dining facilities for members and guests, and shall be located on lots with not less than 25,000 square feet nor more than 35,000 square feet of area. M PC #12 -08 — EXHIBIT A -1 Draft: 12 1612012 (Ord. 08 -19, 6 -9 -2008; amd. Ord. 09 -35, 12 -14 -2009: Ord. 11 -14, 5 -23 -2011; Ord. 11 -42, 11 -28- 2011; Ord. 11 -44, 11 -28 -2011) PC##12 -08 —EXHIBIT A -2 Draft: 121612012 12 -17 -1: TERMS DEFINED The following words and terms unless otherwise noted, wherever they occur in this title, shall be construed as herein defined: ABUT /ADJOINING: Touching or contiguous; having a common property line or district line. ACCESS: The right to enter or leave a tract of land from a public way or from one property to another. ACCESSORY BUILDING OR STRUCTURE: A detached building or structure on the same site with and of a nature subordinate to the principal building or structure. ACCESSORY USE: A subordinate use which is clearly and customarily incidental to the principal use of the building or premises and which is located on the same lot as the principal building or use, except for such accessory parking facilities as are specifically authorized to be located elsewhere. ACCESSWAY: A defined means of ingress and egress to a property. ADJACENT: Next to. ADMINISTRATIVE OCCUPANCY PERMIT: A permit issued by the building commissioner which allows the use of a residential structure as a community residence in accordance with the approved plans and specifications and which certifies compliance with the provisions of the law for the use of the structure together with any special stipulations or conditions as required by this title. ADULT BOOKSTORE: A business establishment having substantial or significant portion of its stock in trade, books, magazines, films for sale, rent or other distribution and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas ". ADULT ENTERTAINMENT FACILITIES: Any or all of the following: adult bookstore, adult live establishment, and adult theater. ADULT LIVE ENTERTAINMENT: A nightclub, theater, or other business establishment which permits live performances by topless and /or bottomless dancers, go -go dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas ". ADULT THEATER: A business establishment in an enclosed building used for presenting motion picture films, videocassettes, cable television, or any other such visual media, distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as hereafter defined for observation by patrons therein. ALLEY: A right of way which affords a secondary means of vehicular access to abutting property. An alley shall not be considered a street. ALTERATION: A change or rearrangement in the structural parts or in the means of egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another. AMORTIZATION: Process by which a designated nonconformity must be discontinued or made to pc #12 -08 - EXHIBI t A -2 Draft: 121612012 conform to requirements of a code at the end of a specified period of time. AMUSEMENT DEVICES, COIN OPERATED: Any amusement machine or device operated by means of the insertion of a coin, token or similar object for the purpose of amusement, skill or test of strength and for the playing of which a fee is charged. The term does not include vending machines which do not incorporate gaming or amusement features, nor does the term include any coin operated mechanical musical devices. AMUSEMENT ESTABLISHMENT: A. Any public place or amusement or public place of business in which more than ten (10) coin operated amusement devices are installed, or where facilities are operated for the purpose of amusement of the patrons on a permanent basis. B. Any type of adult use, gambling or intertrack wagering facility is specifically excluded from this definition. ANIMAL HOSPITAL: Any building or portion thereof designed or used for the care, observation, or treatment of domestic animals. ANTENNA: Any system of wires, poles, rods, reflecting disks, or similar devices used for transmission or reception of electromagnetic waves external to or attached to the exterior of any building. ANTENNA ANCILLARY EQUIPMENT: Any type of building, structure, or equipment designed to service an antenna and /or antenna support structure. ANTENNA SUPPORT STRUCTURE: A structure specifically designed to support an antenna APARTMENT: A room or suite of rooms which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen and bathroom facilities permanently installed must always be included for each apartment. APPEARANCE: See section 12 -12 -7 of this title. APPLICANT: A property owner(s) and/or someone with a legal interest in a subject property, who applies for any village action required by this title. The property owner may authorize someone else to be the applicant, as long as a letter of authorization is provided. APPURTENANCES: Visible objects to and /or part of buildings and sites. ARCHITECTURAL CHARACTER: See section 12 -12 -7 of this title. ARCHITECTURAL CONCEPT: See section 12 -12 -7 of this title. ARCHITECTURAL FEATURE: See section 12 -12 -7 of this title. ARCHITECTURAL STYLE: See section 12 -12 -7 of this title. AREA: Surface square footage. ARTERIAL STREET: A public right of way with the highest degree of traffic continuity and serving as a major trafficway for fast or heavy traffic between the various districts of Morton Grove, as shown on the official plan. PC #12 -08 — EXHIBiT A -2 Draft: 121612012 ASSISTED LIVING ESTABLISHMENT: A licensed, community based residential care facility where sleeping accommodations are provided in individual units in a homelike setting, for at least twelve (12) unrelated adults, at least eighty percent (80 %) of whom are fifty five (55) years of age or older and where assistance is provided with activities of daily living, including personal, supportive, and intermittent health related services available twenty four (24) hours per day. Assisted living establishment does not mean any of the following: a longer term care establishment licensed under the nursing home care act; a hospital or sanatorium; an adult daycare facility; a community living establishment or residence; a supportive residence, a life care establishment; a freestanding hospice establishment, or a shared living establishment; provided, however, that an assisted living establishment may contain a separately licensed subarea dedicated to inpatient hospice care. ATTRACTIVENESS: See section 12 -12 -7 of this title. AUTOMOBILE OR OTHER MOTOR VEHICLE RENTAL: An open area, other than a street, used for the display of automobiles or other motor vehicles offered for rent to the general public, and where no repair work is done other than incidental. AUTOMOBILE OR OTHER MOTOR VEHICLE WRECKING YARD: Any area of land where three (3) or more motor vehicles not in running condition, or the parts thereof, are stored in the open and are not being restored to operation, or any land, building, or structure used for the wrecking or storing of such automobiles or parts thereof, AUTOMOBILE SERVICE STATION (GAS STATION OR FILLING STATION): Any building or portion thereof, or premises used for dispensing or offering for sale at retail automotive fuels or oils having pumps and storage tanks thereon; or where battery, tire, and other similar services are rendered, but only if rendered wholly within lot lines. When dispensing, sale, or offering for sale is incidental to the conduct of automobile repair, the premises are classified as automobile repair, Automobile service stations do not include open sales lots as defined herein. AUTOMOTIVE ACCESSORY STORE: An establishment which retails new or used automotive parts. AUTOMOTIVE OR OTHER MOTOR VEHICLE REPAIR: Any building or portion thereof or premises where battery, tire, and other similar services are rendered, but only if rendered wholly within lot lines. If automotive fuel dispensed, or offered for sale, is incidental to the conduct of automobile repair, the premises are classified as automobile repair. Automotive repair facilities do not include automotive repair beyond mechanical repair and auto glass. Any type of body work shall be considered a motor vehicle body shop. Automobile repair facilities do not include open sales lots as defined herein. AWNING: Any structure or rooflike cover with a frame attached to a building and projecting therefrom. PC #12 -08 — EXHIBIT A -2 Draft: 12 1612012 AXIS: See section 12 -12 -7 of this title. BALCONY: An unroofed platform enclosed by a railing or parapet that projects from the wall of a building for the use of the building's occupants and /or for exterior access to living units located above grade. BAR: A business whose primary function is the sale of alcoholic beverages to be consumed on the premises, but not including restaurants where the principal business is serving food. BASE FLOOD: See definition of Base Flood in section 12 -14 -3 of this title. BASEMENT: A portion of a building located partly underground, but having less than half its clear floor to ceiling height below the average grade of the adjoining ground. See also definition of Cellar. d45Cma NT - c6l.Laf LIM6ti �A t+s LIKEfi 'h� IS L. °./a T FiN � B' I L4'JM1L TLY f9l` G Ib E+'2 EJ.i o£'TIKN CE Lv2 YTWY[r sTner � 9 °c•ro A Rvb. � G.4°.fMitR . ce��.aac C ++.t9- +KeuT. BATHROOM: A room separate from the habitable rooms, offering privacy to any occupant thereof, equipped with a flush water closet, a lavatory basin and a bathtub or shower. BEDROOM: A room in a dwelling unit of which the primary use is for sleeping with closable doors affording privacy and with minimum of one built in clothes closet. BERM: See section 12 -12 -7 of this title. BLOCK: A tract of land bounded by but not traversed by streets or other physical barriers on all sides. BOARD OF TRUSTEES: The village board of trustees of the village of Morton Grove. BUFFERING: Any means of protecting abutting properties from the visual or auditory effects of a different or more intense use. "Buffering" may include, but is not limited to, berming, fencing, landscaping, providing greater setbacks or open spaces. BUILDABLE AREA: That portion of a lot remaining after front, side, and rear yard requirements have been met. BUILDING: Any structure designed or intended for shelter or enclosure of persons, animals, chattels, or movable property of any kind and which is permanently affixed to the land. BUILDING COMMISSIONER: The building commissioner, as duly appointed by the village president and confirmed by the board of trustees of the village of Morton Grove. BUILDING, DETACHED: A building surrounded by open space on the same lot. PC #12 -08 — EXHIBIT A -2 Draft: 121612012 BUILDING FOOTPRINT: The ground surface covered by the building mass. BUILDING HEIGHT: The vertical distance from the grade to the highest point of the roof in the case of a flat roof or shed roof, to the deck line of a mansard roof, and to the mean level of the underside of rafters between the eaves and the ridge of a gable, hip, or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks and similar projections other than signs shall not be included in calculating the height. (See diagrams.) RIIILO[wG HCBGwT Oaq ®'�kqM� 73 Yte.F!'?nE'O F BUILDING, PRINCIPAL: A primary structure in which is conducted the principal use of the lot on which it is located. BUILDING, RESIDENTIAL: A building arranged, designed, used or intended to be used for a residential occupancy by one or more families. Residential buildings include, but are not limited to, the following types: A. Single- family detached dwellings, B. Two - family detached dwellings, C. Single- family attached dwellings, and D. Multiple- family dwellings. BUILDING SETBACK LINE: A line, noted on the preliminary plat, of a lot or other parcel of land, designating the required distance between the proposed structure, and property line(s) where construction is prohibited. BUILDING, TEMPORARY: Any building not designated to be permanently located, placed or affixed at its existing location. BULK: A composite characteristic of a given building as located upon a given lot - not definable as a single quantity, but involving all of the following characteristics: A. Size and height of building, PC #12 -08 — EXHIBIT A -2 Draft: 121612012 B. Location of exterior walls of all levels in relation to lot lines, streets, or to other buildings, C. Gross floor area of the building in relation to lot area (floor area ratio), D. All open spaces allotted to the building, and E. Amount of lot area provided per dwelling unit. BUSINESS: An occupation, employment, or enterprise which occupies time, attention, labor, and materials, or wherein merchandise is exhibited or sold, or where services are offered. CAPACITY IN PERSONS: The maximum number of persons that can occupy a building at any one time with reasonable comfort and safety as determined by applicable village codes or ordinances. CAR WASH: Any building or portion thereof, where automobiles are washed, using a conveyor, blower, steam cleaning equipment, or other mechanical device of production line nature. CARPORT: A roofed automobile shelter with one or more open sides. CARTAGE SERVICE: An establishment which provides the hauling of large quantities of material for commercial or industrial users. CELLAR: The portion of a building having one -half (1/2) or more than one -half (' /Z) of its clear floor to ceiling height below the average grade of the adjoining ground (see also definition of Basement). CERTIFICATE OF OCCUPANCY: Official certification that a premises conforms to provisions of the building codes and may be used or occupied. CERTIFICATE OF ZONING: Official certification that a premises conforms to the zoning provisions of this title and may be used or occupied. CHARACTER: The composite or aggregate of the characteristics of structures and functions of the area under consideration. CIRCULATION: The horizontal and vertical movement of people and vehicles through, around or about a space, structure or site. CLINIC, MEDICAL OR DENTAL: A building or portion thereof, the principal use of which is for offices of an organization of specializing physicians or dentists, or both, and which contains facilities for examination and treatment of patients, but without facilities for overnight lodging. PC #12 -08 — EXH/011 A -2 Draft; 121612012 CLUB OR LODGE: A nonprofit association of persons who are bona fide members paying dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises provided adequate dining room space and kitchen facilities are available. COHESIVENESS: See section 12 -12 -7 of this title. COLLECTOR STREET: A street of considerable continuity which carries traffic from local streets to an arterial street, including the principal entrance streets of a residential development and the principal circulating streets within such development. COMMERCIAL USE: An occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee. COMMERCIAL WIRELESS COMMUNICATION SERVICES: Any type of antenna, antenna support structure and ancillary equipment which is licensed by the FCC to provide advanced wireless communication services. This definition includes, but is not limited to, cellular services, personal communication services, enhanced specialized mobile radio paging services, and other similar technologies. This definition does not include television/radio transmission antennas, satellite dishes, ham radio operations and residential or commercial receive -only antennas which are regulated by the general antenna requirements set forth in section 12 -3 -6, "Antennas, Antenna Support Structures And Ancillary Equipment', of this title. COMMON OPEN SPACE: Part of a parcel which is open and unobstructed except for natural features and permitted accessory uses and structures and which is accessible and usable by all persons who occupy a principal use on that parcel. COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis in a familylike environment by a group of unrelated persons with disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis or present whenever residents with disabilities are present at the dwelling and which complies with the zoning regulations for the district in which the site is located. A community residence does not include a residence which serves persons as an alternative to incarceration for a criminal offense, persons with a history of antisocial behavior, or persons whose reason for placement is substance or alcohol abuse or for treatment of a communicable disease. COMMUNITY RESIDENCE, FAMILY: A single dwelling unit occupied on a relatively permanent basis in a familylike environment by a group of no more than eight (8) unrelated persons with disabilities, plus said professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis, or present whenever residents with disabilities are present at the dwelling and which complies with the zoning regulations for the district in which the site is located. COMMUNITY RESIDENCE, GROUP: A single dwelling unit occupied on a relatively permanent basis in a familylike environment by a group of nine (9) to fifteen (15) unrelated persons with disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis, or present whenever residents with disabilities are present at the dwelling and which complies with the zoning regulations for the district in which the PC#12 -08 - EXHIBIT A -2 Draft, 121612012 site is located. COMPATIBILITY: The characteristics of different uses of activities that permit them to be located near each other in harmony and without conflict. Some elements affecting compatibility include intensity of occupancy as measured by dwelling units per acre; floor area ratio; pedestrian or vehicular traffic generated; parking required, volume of goods handled; and such environmental effects as noise, vibration, glare, air pollution, erosion, or radiation. CONFORMANCE: Corresponding and compliant in form, character and intent. CONTIGUOUS: See definition of Abut/Adjoining. CORPORATE AUTHORITIES: The board of trustees of the village of Morton Grove, Illinois COVENANT: A private or public written agreement relating to the use of, restrictions of, interest in, or right to real property. CUL -DE -SAC: A local street having one open end and being permanently terminated at the other by a vehicular turnaround. DAYCARE, ADULT: A facility that provides accommodations and supervision and personal care services for more than five (5) adults that are not related and not mentally challenged, limited to the hours of six o'clock (6:00) A.M. to eight o'clock (8:00) P.M., and which meets all the criteria and requirements that are set forth by the joint committee on administrative rules, administrative code title 89, "Social Services ", chapter II; "Illinois department On Aging ", part 240, "Community Care Program ". For purposes of this definition, the term "mentally challenged" shall have the same meaning as prescribed by the Illinois department on aging. DAYCARE CENTERS: A building where care, protection, and supervision are provided on a regular schedule at least twice a week to at least eight (8) preschool or elementary school age children or both, including children of the adult provider, or persons with disabilities related to age who require supervision, for a period of care during part or all of a day between six o'clock (6:00) A.M. and nine o'clock (9:00) P.IV1. This definition does not include "group care home ", "foster family home ", "centers for the mentally retarded ", as defined and licensed by the state of Illinois, bona fide kindergartens or "day nursery schools ", established in connection with grade schools supervised or operated by a private or public board of education or approved by the state department of public instruction. DAYCARE HOME: A family home which receives not more than eight (8) children for care during the day. The maximum of eight (8) children includes the family's natural or adopted children under age v"CY+12 -08 — cXHIB11 A -2 Draft: 121612012 sixteen (16) and those children who are in the home under full time care. DECIBEL: A unit of measurement of the intensity (loudness) of sound. DECK: An exterior floor supported on at least two (2) opposing sides by an adjacent structure, posts, piers or other independent supports. DEDICATION: The transfer of property from private to public ownership. DENSITY: The number of dwelling units per unit of land measure. DEVELOPER: The person or entity responsible for the development of a parcel of land. DEVELOPMENT: See definition of Development in section 12 -14 -3 of this title. DISABLED PERSON: Any individual whose disability: A. Is attributable to mental, intellectual or physical impairments or a combination of mental, intellectual or physical impairments; and B. Is likely to continue for a significant amount of time or indefinitely; and C. Results in functional limitations in three (3) or more of the following areas of major life activities: 1. Self -care, 2. Receptive or expressive language, 3. Learning, 4. Mobility, 5. Self- direction, 6. Capacity for independent living, 7. Economic self- sufficiency; and D. Reflects the person's need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are of a lifelong or extended duration. DISTRICT: See definition of Zoning District. DOMESTIC PET SERVICE: An establishment where clipping, bathing and related services, except that of a veterinary nature, are rendered to dogs, cats and domestic pets. No boarding shall be permitted. DRIP LINE: A perimeter formed by the points farthest away from the trunk of a tree where precipitation failing from the branches of the tree lands on the ground. rC #12 -08 — EXHIBIT A -2 Draft: 121612012 DRIVE- THROUGH FACILITY: Any private roadway used for access or stacking space at windows for customers in vehicles, but not limited to, gas stations, drive - through restaurants and banks. DRIVEWAY: A private roadway offering access to property usually bounded by landscaping and /or sidewalks on either side. DRY CLEANING, RETAIL: An establishment where dry cleaning is dropped off or picked up by customers, but does not include any on site cleaning or dry cleaning activities. DWELLING: A residential building, or portion thereof, but not including hotels, motels, rooming houses, nursing homes, tourist homes, or trailers. DWELLING, ATTACHED: A dwelling joined to other dwellings by party walls, including duplex, group, row and town houses. DWELLING, DETACHED: A dwelling entirely surrounded by open space on the same lot. DWELLING, MULTIPLE - FAMILY: A building designed for or occupied by more than two (2) families, each family living independently of the other in separate dwelling units. DWELLING, SINGLE- FAMILY: A building designed exclusively for use and occupancy by one family, entirely separated from any other dwelling by open space. DWELLING, TWO- FAMILY: A building designed exclusively for occupancy by two (2) families living independently of each other, including a two (2) flat (1 dwelling unit above the other) or a duplex (1 dwelling unit beside the other). DWELLING UNIT: A group of rooms constituting all or part of a dwelling, which are arranged, designed, used, or intended for use exclusively as living quarters for one family and which include bathroom and kitchen facilities. DWELLING UNIT, EFFICIENCY: A dwelling unit consisting of one principal room including the kitchen, together with bathroom, hallway, closets and /or dining alcove directly off the principal room, provided such dining alcove does not exceed one hundred (100) square feet in area. EASEMENT: A right given by the owner of land to another party for specific limited use of that land. ELECTRIC SUBSTATION: A terminal at which electric energy is received from the transmission system and is delivered to other elements of the transmission system and, generally, to the local distribution system. EMPLOYEE: One who works for wages or salary in the service of an employer, including officers, manager and other administrative personnel. ENTERTAINMENT USES: An establishment that provides entertainment and /or recreational activities for a fee to visitors. Any type of adult use, gambling, intertrack wagering facility, or a use which permits the sale of alcohol is specifically excluded from this definition. 10 FC#12 -08 — EXHIBIT A -2 Draft: 12 1612012 hfcta,�errrifs.fBie sale cs3a7cofr�7 is;, �pecr% cafiy >exc�uder/�res�f3a�e�nr=tlpp: EQUIPMENT RENTAL AND LEASING SERVICE: An establishment that rents or leases office machinery and equipment, heavy equipment without operators used for construction, and other nonconsumer related machinery and equipment. ESTABLISHMENT, BUSINESS: A place of business carrying on an operation, the ownership or management of which is separate and distinct from those of any other place of business located on the same lot. EXTERIOR BUILDING COMPONENT: See section 12 -12 -7 of this title. EXTERIOR DESIGN FEATURE: See section 12 -12 -7 of this title. EXTERIOR SPACE UTILIZATION: See section 12 -12 -7 of this title. FACILITY: The exterior surface or interior space of any institutional, commercial, public, industrial or residential structure, installation or building (including any structure, installation or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having 4 or fewer dwelling units). FALLOUT SHELTER: An accessory building or use which incorporates the fundamentals for protection from disaster. FAMILY: One or more persons interrelated by marriage, adoption, or guardianship living together as a single housekeeping unit and using common kitchen facilities, or not more than four (4) persons not so related living together as a single housekeeping unit and using common kitchen facilities. FENCE: A structure, series of trees or hedge which is a barrier and used as a boundary or means of protection or confinement. FENCE, SOLID: A fence, including entrance and exit gates, which effectively obstructs view from adjoining properties, streets, alleys, or public ways. FINDING: A determination or conclusion based on the evidence presented. FLOODPLAIN: See definition of Floodplain in section 12 -14 -3 of this title. FLOOR AREA: The sum of the gross horizontal areas of the several floors, measured in square feet, including the basement floor, but not including the cellar floor of the building, measured from the exterior faces of the exterior walls of each floor (including, but not limited to, two -story foyers, cathedral ceilings), or from the centerline of walls separating two (2) buildings. The floor area of a building shall include elevator shafts and stairwells at each floor; floor space used for mechanical equipment, except equipment (whether open or enclosed) located on the roof. It shall also include elevator penthouse; attic space as measured from the top of the exterior wall plate, having headroom of seven feet three inches (7'3 ") or more; interior balconies and mezzanines; enclosed porches, and floor area devoted to accessory uses, including detached garages and yard sheds, provided that any space devoted to open off street parking or loading shall not be included in floor area. FLOOR AREA RATIO: The numerical value obtained through dividing the gross floor area of a building or buildings by the net site area on which such building or buildings are located. 11 FC #12 -03 — cri Hl6i i A -2 Draft: 12 1612012 FOOT- CANDLE: The illumination of all points one foot (1') distance from a uniform point source of one candle power. FREQUENCY: The number of oscillations per second in a sound wave, measuring the pitch of the resulting sound. FRONTAGE: The front of a lot along a public street. GARAGE: An accessory building or an accessory portion of the principal building including a carport, which is used for storing the vehicles of the person, family, families or business resident upon the premises. GRADE: One foot (1') above the established elevation of the centerline of the street surface at the center of the wall adjoining the street for structures adjoining one street only; or one foot (1') above the average of the established elevations of the centerline of the street surface at the centers of all walls adjoining streets for structures adjoining more than street. For structures not adjoining a street, the grade shall be determined by an engineer designated by the village for these purposes. Any wall approximately parallel to and not more than twenty five feet (25') from the street right of way is to be considered as adjoining the street. GRAPHIC ELEMENT: See section 12 -12 -7 of this title. GROCERY STORE: An establishment which retails food and beverage merchandise from point of sale locations. They have special equipment for displaying food and beverage goods (e.g., freezers, refrigerated display cases). GROUND FLOOR AREA: The lot area covered by a building measured from the exterior faces of exterior walls. GROUP HOME: See definition of Community Residence, HALF STREET: A, street bordering one or more property lines of a tract of land in which the developer has allocated out part of the ultimate right of way width. HALFWAY HOUSE: A residential living arrangement for persons who are receiving therapy and counseling from support staff who are present at all times residents are present, for the following purposes: a) to help them recuperate from the effects of drugs or alcohol addiction, or b) to provide temporary shelter for persons who are victims of domestic abuse. HARMONY: See section 12 -12 -7 of this title. HEIGHT: See definition of Building Height. HELICOPTER: Any rotary wing aircraft which depends principally for its support and motion in the air upon the lift generated by one or more power driven rotors, rotating on a substantially vertical axis. HELIPORT, HELIPAD, HELISTOP: Any area of land, water or structural surface which is designed, 12 PC #12 -08 — EXHIBIT A -2 Draft: 121612012 used or intended to be used for the landing and takeoff of helicopters and any appurtenant areas which are designed, used or intended to be used for a heliport, helipad, or helistop building or other facilities which have received a certificate of approval from the division of aeronautics, state of Illinois department of transportation, or any area designed, used or intended to be used by any helicopter which has received a certificate of registration as a "special purpose aircraft" from said division of aeronautics. HOME IMPROVEMENT CENTER: A facility of more than thirty thousand (30,000) square feet engaged in the retail sale of various basic hardware lines, such as tools, builder's hardware, construction materials, paint and glass, housewares and household appliances, garden supplies and cutlery. HOME OCCUPATION: Any allowable gainful occupation or profession conducted by a member of the immediate family residing on the premises and where the business or profession is conducted wholly within the dwelling. HOMEOWNERS' ASSOCIATION: An association of homeowners having responsibilities with respect to common property of a development or specific area, planned unit development or subdivision, including condominium associations. HOSPICE: A residential living arrangement for persons with a disease that requires full time support, therapy, and /or treatment. HOSPITAL: A facility in which patients are rendered continuous medical care, including surgery, with the standard provision of twenty four (24) hour, seven (7) day per week acute medical care for both inpatients and outpatients. The facility shall have not less than one hundred (100) beds for inpatients. HOT TUB: See definition of Swimming Pool, HOTEL /MOTEL: A building containing separate sleeping units, each of which must have bathroom facilities, designed for or used primarily on a temporary basis by transients. HOUSE OF WORSHIP: Shall include any church, synagogue, mosque, temple or other structure designed, intended and used primarily for religious worship or religious ceremony by an assembled group. The use of the terms "church ", "synagogue ", "mosque ", or "temple" shall mean "house of worship ". (See definition of Megahouse Of Worship.) IMPERMEABLE SURFACE: A surface which does not allow water to be absorbed so it may percolate into deeper ground. Such surfaces are those constructed of Portland cement, bituminous concrete, composed stone or gravel, or any other surface that allows no water penetration. INTENSITY: The degree to which land is used; the overall structural mass and open space relationship in a developed property; the relationship of the amount of floor area, open space, recreation space, and car storage space with the size of the site or land area. JUNKYARD: An open area where waste, used, or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A junkyard includes an auto wrecking yard, but does not include uses carried on entirely within enclosed buildings. KENNEL: Any lot or premises or portion thereof on which more than a total of four (4) household domestic animals over four (4) months of age are boarded, bred or offered for sale. 13 FCk1 2 -08 — EXHIBIT A -2 Draft: 121612012 KINDERGARTEN: A facility which receives children between the ages of four (4) and six (6) years, and which is established and professionally operated primarily to conduct educational programs for early childhood development. LABORATORY: A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. LANDSCAPE: See section 12 -12 -7 of this title. LAUNDROMAT: A business that provides self - service type washing and drying facilities, with or without an attendant on premises. LEGAL NONCONFORMING: Any nonconforming building, structure, or use which existed lawfully at the time of the adoption of this title and which remains nonconforming, and any such building, structure, or use which shall become nonconforming upon the adoption of any subsequent amendment to this title. LIVABILITY SPACE: Outdoor area, excluding parking and other service areas, which can be utilized for outdoor activities, recreation, or passive use by the residential occupants of a parcel and their guests. LOADING SPACE: A designated space within the principal building or on the same lot, providing for the standing, loading or unloading of vehicles and with access to a public way. LOCAL STREET: A street of limited continuity used primarily for access to abutting properties and the local needs of a neighborhood. LODGING ROOM: A room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. LOGIC OF DESIGN: See section 12 -12 -7 of this title. LOT: A parcel of land, or portion of a subdivision (whether legally described or subdivided as 1 or more lots) located within a single block, intended for transfer of ownership or building development consisting of occupancy by one principal building or principal use and having its principal frontage upon a street. LOT AREA, GROSS: The area of a horizontal plane bounded by the vertical planes through front, side, and rear lot lines, LOT AREA, NET: The area inside of lot lines, exclusive of streets, alleys, and other rights of way dedicated or required to be dedicated to the village or other public bodies. LOT, BUTT: A lot at the end of a block and located between two (2) corner lots. LOT, CORNER: A, lot situated at the junction of and abutting on two (2) or more intersecting streets or a lot at the point of deflection in alignment of a single street, where the interior angle of such deflection does not exceed one hundred thirty five degrees (135'). 14 ior,CORKCR g PC#12 -08 - EXHiBI T A -2 Draft: 121612012 LOT COVERAGE: The maximum area of a lot which may be covered by the principal structure, accessory structures, and any other impermeable surfaces. LOT DEPTH: The mean horizontal distance between the front lot line and rear lot line. In the case of a corner lot, the lot depth shall be the mean horizontal distances between the lot frontage and the lot line opposite. LOT, DOUBLE FRONTAGE (THROUGH LOT): A lot having a frontage of two (2) nonintersecting streets, as distinguished from a corner lot. LOT FRONTAGE: The front of a lot shall be that boundary of a lot along a public street; for a corner lot, the front of the lot shall be that boundary of the lot along the public street which provides the maximum lot depth. LOT LINE: A property boundary line of any lot held in single or separate ownership; except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the right of way easement or dedication line. LOT LINE, FRONT: That boundary line of any lot which is along an existing or dedicated street lot line; on corner lots, the front lot line shall be the boundary line along such street lot line that has been established to provide maximum lot depth. LOT LINE, REAR: That boundary of a lot which is most distant from, and is, or is approximately, parallel to, the front lot line. If the rear lot line is less than ten feet (10') in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line ten feet (10') in length within the lot, parallel to, and at the maximum distance from, the front lot line. LOT LINE, SIDE: A lot line which is neither a front nor a rear lot line LOT OF RECORD: The area of land designated as a lot on a plat of subdivision recorded or registered pursuant to Illinois state statute. LOT, REVERSED: A corner lot where the lot line adjoining a street is substantially a continuation of the front lot line of the first lot to its rear. LOT, THROUGH: A lot which has a pair of opposite lot lines along two (2) streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines, but in the case of two (2) or more contiguous through lots, there shall be a common front lot line. LOT, WIDTH The narrowest width within the thirty feet (30') of lot depth immediately behind the front 1s PCa'12-08 - EXHIBIT A -2 Draft: 121612012 yard setback line. LOT, ZONING: A parcel of land, composed of one or more contiguous, whole or partial, lots of record, used for a principal building or a principal use, which, at the time of filing of an application for a building or occupancy permit, is noted by its owner as a tract to be used, developed, or built upon under unified ownership or control. MAILING SERVICE: A retail establishment that offers packaging and mailing of goods to and from consumers, excluding the United States postal service. Actual parcel distribution is conducted off site. MAINTENANCE: The fashion in which buildings, sites, plant materials and other surface treatments are held in order in relationship to their original installations. MANAGER'S QUARTERS SELF- STORAGE FACILITY: A dwelling unit which is intended for exclusive use as living quarters for a full time, on site caretaker /manager which shall be limited to a maximum of one thousand two hundred (1,200) square feet and which may contain all or a combination of the following types of rooms: one living room, one kitchen, one dining or breakfast room, two (2) bathrooms. A maximum of two (2) individuals related by blood or marriage shall be allowed to inhabit these quarters. MANUFACTURING: The assembly, fabrication, treatment, processing, rebuilding, blending, or molding of materials into a more finished product. MARGINAL ACCESS STREET (FRONTAGE ROAD): A local street which is parallel to or adjacent to, or in the immediate vicinity of, an arterial street, which has for its purpose the relief of such thoroughfare from the local service of abutting properties. MARQUEE (CANOPY): A rootlike structure of permanent nature which projects from the wall of a building. Massage establishments shall not include any type of massage which is distinguished or characterized by "specified sexual activities ". PC #12 -08— EXHISil A -2 Draft: 121612012 MATERIAL SELECTION: The process of gathering products with the general intent of composing them in a generally accepted aesthetic fashion. MECHANICAL EQUIPMENT: Equipment, devices and accessories, the use of which relates to water supply, drainage, heating, ventilating, air conditioning, electrical service, communications, earth stations, conveying and similar purposes. MEGAHOUSE OF WORSHIP: A place of worship that can accommodate one thousand (1,000) or more occupants within its main worship space. MEZZANINE: An intermediate level between two (2) main stories of a structure, containing no more than one -third ('/3) of the floor area of either the floor directly above or below. MINIMUM LANDSCAPED OPEN SPACE: The percentage of lot area which must be maintained in grass or other living vegetation. MISCELLANEOUS STRUC T URES: See section 12 -12 -7 of this title. MOBILE /MODULAR HOME: A dwelling unit designed and built to be towed on its own chassis and used without a permanent foundation for continuous year round occupancy; or two (2) or more units separately towable, but designed to be joined together at the point of use to form a single dwelling unit and Which is designed for removal to and installation and erection on other sites. MOTEL: See definition of Hotel /Motel. MOTOR VEHICLE: See definition of Vehicle. MOTOR VEHICLE BODY SHOP: Any building where automotive vehicles are painted, repaired for body damage including auto glass, rebuilt, or reconstructed. MOTOR VEHICLE DEALER, SALES AND SERVICE: A facility for which the primary use is the sale of motor vehicles. All motor vehicle dealers must include a showroom for vehicles, and the servicing of vehicles must be secondary to the sales of vehicles. MOTOR VEHICLE REPAIR: See definition of Automotive Or Other Motor Vehicle Repair. NET LOT AREA: See definition of Lot Area, Net. NONCONFORMING: Not in compliance with the requirements of this title. 17 PC #12 -08 — EXHIBiT A -2 Draft: 12 1612012 NOXIOUS MATTER: Material which is capable of causing injury or malaise of living organisms by chemical reaction or is capable of causing detrimental effect upon the health, or the psychological, social, or economic well being of human beings or other living organisms. NURSERY SCHOOL: A facility which receives children between the ages of two (2) and six (6) years and which is established and professionally operated primarily for educational purposes to meet the developmental needs of the children served. NURSING HOME: A licensed public or private home or institution which provides maintenance, personal care, and nursing for three (3) or more persons who by reason of physical illness or infirmity are incapable of maintaining a private, independent residence. OCCUPIED: Used or inhabited. OCTAVE BAND: A term denoting all the frequencies between any given frequency and double that frequency, OCTAVE BAND FILTER: An electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals ( "American Standard For Sound Level Meters ", ASA no. 224.3- 1944). ODOR THRESHOLD: The minimum concentration of odorous matter in the air that can be detected; the point at which a physiological or psychological effect begins to be produced. OFF STREET PARKING: Parking spaces on privately owned property, not on a public right of way, provided solely for occupants, employees, visitors and patrons. OFFICIAL COMPREHENSIVE PLAN: The policy document which contains the functional and geographic elements of the village and provides direction for any potential land use changes. The comprehensive plan includes plans, maps, charts and textual material, as adopted by the village. OPEN SALES LOT: Land used or occupied for the purpose of buying, selling or renting merchandise stored or displayed out of doors prior to sale. OPEN SPACE: Part of a parcel of land which. is vacant and unobstructed except for natural features. OUTDOOR SEATING AREA: A defined seating area outside and adjacent to a restaurant which is used to serve patrons of that restaurant. OUTDOOR STORAGE: The holding of materials, products, goods, and refuse relating to the principal permitted use for more than twenty four (24) hours in an area open to the sky. OUTDOOR STORAGE AREA: The location on a lot where outdoor storage exists. Such area shall be completely screened with no visible evidence of the material stored from any exterior view of the storage area. OWNER: Any individual, firm, association, partnership, corporation, trust or any other legal entity having sufficient proprietary interest in a parcel of land. PARCEL: A lot or contiguous group of lots in single ownership or under single control and usually considered a unit for purposes of development. 18 PC #12 -08 — EXHIBIT A -2 Draft: 12 1612012 PARCEL AND EXPRESS SERVICE: An establishment that provides air, surface, or combined delivery of service of parcels and messages within or between metropolitan regions or urban centers. PARKING AREA: A surface area used for parking of vehicles. PARKING BAY: Parking areas subdivided into an uninterrupted row of parking spaces, the individual spaces of which are generally separated by single or double painted lines. PARKING SPACE: A paved or imperviously surfaced area having access from a public street, alley or private driveway or an officially approved place for the temporary storage of one motor vehicle. PARKWAY: The unpaved portion of a street right of way. PARTICULATE MATTER: Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric temperature and pressure. PARTY WALL: A wall which is common to but divides contiguous units or buildings; such a wall contains no openings and extends from its footing below the finished ground to the height of the exterior surface of the roof. PATIO: A recreation area at grade level that adjoins a dwelling that is often paved and is adapted especially for outdoor dining. PAVED GROUND SURFACE AREA: Any paved area, excluding public rights of way, used for the purpose of driving, maneuvering, parking, storing or displaying of motor vehicles, boats, trailers, mobile homes, and recreational vehicles, including new and used automobile lots, other parking lot uses, paved outdoor sales areas and playgrounds, tennis courts, basketball courts, sidewalks, pedestrianways, and areas that combine any of the above uses. Parking structures and covered drive -in parking areas shall not be considered as paved ground surface areas under this title. PEDESTRIANWAY: A right of way across a block or providing access within a block, to be used primarily by pedestrians. PERFORMANCE STANDARD: A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. PERMITTED USE: A use by right which is specifically authorized in a particular zoning district. PERSON: Any individual, firm, association, partnership, corporation, trust, or any other legal entity. PHYSICAL FITNESS AND HEALTH SERVICES: A for profit facility or business which provides activities primarily for the improvement of overall fitness including, but not limited to: fitness equipment, gymnasiums, swimming pools, racquet courts, and similar related uses. Spas and massage services may be offered as accessory uses only. PLAN COMMISSION: The Morton Grove plan commission. PLANNED UNIT DEVELOPMENT: A property classification permitting flexibility of site design by combining building types and uses in ways that should be prohibited by the detailed predeterminations of the traditional zoning and subdivision standards. For example, instead of lot by 19 FC #12 -08 — EXHi8(i A -2 Draft: 121612012 lot requirements, some such requirements are applied to an entire zoned area. Discretionary public review of proposed site plans and /or designs is required. PLANT MATERIALS: See section 12 -12 -7 of this title. PLAT: A map prepared by a registered surveyor showing the location and boundaries of individual property or properties. PLAT, FINAL: A map or plan of a subdivision, and any accompanying material, which must be recorded in the Cook County recorder of deeds' office prior to the sale of any lot. PLAT, PRELIMINARY: A tentative map or plan of a proposed subdivision. PORCH: A roofed over structure, projecting out from the wall or walls of a main structure and open to the weather. PRINCIPAL USE: The dominant use of land or buildings. PROPORTION: See section 12 -12 -7 of this title. PROTECTIVE COVENANTS: Contracts entered into between private parties and which constitute a restriction on the use of all private property within a subdivision or planned unit development, for the benefit of property owners, provide common area maintenance agreements, and provide mutual protection against undesirable aspects of development which would tend to impair stability of values. PUBLIC RIGHT OF WAY: The land owned or dedicated for a public street, alley, or easement. PUBLIC UTILITY: Any person, firm, corporation or municipal department duly authorized to furnish, under public regulation, cable and digital *television electricity, gas, internet access, steam, telephone, telegraph, transportation or water. RADIATION HAZARDS: The deleterious and harmful effects of all ionizing radiation, which shall include all radiations capable of producing ions in their passage through matter. Such radiations shall include, but are not limited to, electromagnetic radiations, such as microwave, X -rays and gamma rays and particulate radiations, such as electrons or beta particles, protons, neutrons and alpha particles. RAILROAD RIGHT OF WAY: Land owned or dedicated to railroad facilities and /or operations. REAR LOT LINE: See definition of Lot Line, Rear. REASONABLE RETURN: The yield or interest rate which is necessary to attract investment capital. RECORDER'S OFFICE: The office of the Cook County recorder of deeds. RECREATION CENTER: A building, buildings, or use of land operated on a not for profit basis with or without membership requirements, of which the primary purpose is for the provision of entertainment, sport or health /exercise facilities directly to the consumer. RECREATIONAL VEHICLE: Any boat, boat trailer, snowmobile, snowmobile trailer, camper, camping trailer or other unit designed primarily for living or sleeping purposes built or mounted on a motor vehicle or chassis without permanent foundation which may legally be driven as or towed by a motor vehicle, subject to classification and licensing by the state of Illinois and intended for 0 PC #12 -08 — EXHIBl7A -2 Draft: 121612012 recreational use REFUSE: All waste products resulting from human habitation or the conduct of business or industry, except sewage. RENTAL, HOUSEHOLD GOODS AND MERCHANDISE: Establishments that provide short term rental of consumer goods such as home health equipment, consumer electronics, clothing, furniture, and party supplies. Commercial and industrial equipment may be rented, as long as it is primarily geared towards the consumer. RESIDENTIAL CARE HOME: Any living quarters wherein unrelated individuals are provided maintenance (room and board) and oversight (general watchfulness and appropriate services to meet needs of residents, including, but not limited to, social, recreational and employment opportunities). A residential care home does include a nursing home, hospital, adult daycare center, or living quarters which serve persons as an alternative to incarceration for a criminal offense, for treatment for substance or alcohol abuse, for treatment for a communicable disease, or for persons with a history of antisocial behavior. RESTAURANT: An establishment where food is prepared, served and consumed. RESTAURANT, CARRYOUT: A restaurant where the majority of the food or drink is prepared and served for consumption off the premises. RESTAURANT, DRI \ /E -IN: A restaurant where food or beverages may be ordered from a motor vehicle or where an automobile parking area is provided on the premises for the consumption of goods and beverages. RESTAURANT, SIT DOWN: A restaurant which provides food service to patrons who order and are served while seated and pay after eating. RETAIL: Sale to the consumer for direct consumption and not for resale. RIGHT OF WAY: That portion of a street between the regularly established curb lines or that part improved, or unimproved, which is used or intended to be used for vehicular travel. See also definitions of Public Right Of Way and Railroad Right Of Way. ROOMING HOUSE: A building in which sleeping quarters (but not meals or cooking facilities) are provided by prearrangement for compensation on a weekly or longer basis for three (3) or more persons who are not members of the keeper's family. For the purpose of this zoning ordinance, the term "rooming house" shall also mean lodging house, and a rooming house shall not include a community residence, halfway house, hospice, or nursing home. ROWHOUSES: See definition of Dwelling, Attached. RULES OF PROCEDURE: Regulations adopted by each commission for the administration of duties delegated by the legislative authority. SCALE: See section 12 -12 -7 of this title. SCHOOL: An inst =tutiorn which offers instruction in any of the branches of learning which is required to be accredited under the Illinois school code or approved by the department of mental health, 21 K#12 -08 — EY.Hl81T4 -2 Draft: 12 1612012 including a school for mentally retarded, kindergarten, elementary schools, junior and senior high schools, colleges and universities, but excluding private nursery or prekindergarten, trade, business, or commercial schools. SCREENING: A structure erected, a berm, or vegetation planted to conceal from view the area behind it. SELF - STORAGE FACILITY: A facility containing small separate storage areas of varying size leased or rented on an individual basis. Manager's quarter's (see definition of Manager's Quarters, Self - Storage Facility) may or may not be included. SERVICE USE: Use devoted to repair, maintenance, health, administration or teaching SETBACK: Required distance between a structure and a property line. SHRUBS: Woody plants of relatively low height, having several stems arising from the base and lacking a single trunk; a bush. SIDE LOT LINE: See definition of Lot Line, Side. SIGN: Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public and shall include, but not be limited to, any display of any letter, numeral, figure, emblem, insignia, picture, outline, character, spectacle, delineation announcement or any combination whereby the same are made visible to the eye for the purpose of attracting attention and /or to make anything known, whether such display be made on, attached to or as a part of any other structure, surface or thing, and which display is visible beyond the boundaries of the lot or parcel of property in or over which the same is made. The term "sign" shall not include any flag, badge, or insignia of any government or governmental body or agency, or any civic, charitable, religious, patriotic, fraternal or similar organization, nor shall it include any display of official, court, or public office notices or any item of merchandise normally displayed in the store window of a merchant. SMOKE: The visible discharge from a chimney, stack, vent, exhaust or combustion process which is made up of particulate matter. SOUND LEVEL: The intensity of sound of an operation or use as measured in decibels. SOUND LEVEL. METER: An instrument standardized by the American Standards Association for measurement of intensity of sound. SPECIAL USE: A use which. because of its characteristics, cannot be properly classified as a permitted use in any particular district, but may be allowed after specific conditions are met. SPECIALTY FOOD STORE: An establishment which retails primarily a specialized type of food item(s). SPECIFIED ANATOMICAL AREAS: Less than opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola, and human male genitals in a discernible turgid state, even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES: Human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse, or sodomy, fondling or other erotic touching of human genitals, pubic region, buttock or female breast. 22 PC #12 -08 — EXH18i7 A -2 Draft: 121612012 SPOT ZONING: Zoning a relatively small area differently from the zoning of the surrounding area STABLE: A structure accommodating one or more horses. STORM WATER MANAGEMENT ANALYSIS: A compilation of materials which will allow the village staff to determine if the methods to dispose of storm water from the proposed development will meet the requirements of this code. Such data and supporting materials may include, but are not limited to, the proposed engineering plan, detention volume calculations and storm sewer calculations. STORY: That portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story, and a cellar shall not be counted as a story (see also definitions of Basement and Cellar). STORY, HALF: An area under a gable, hip or gambrel roof the wall plates of which on at least two (2) opposite exterior walls are not more than three feet (3') above the floor of such area, and such area shall have floor area meeting the minimum ceiling height requirements less than one -half (' /z) as large as the story below. If such area has a floor area meeting the minimum ceiling height requirements equal to or greater than one -half (' /Z) as large as the story below, such area shall be considered a full story. (See diagram below.) STREET: Any public right of way containing a roadway which affords the primary means of access by pedestrians and vehicles to abutting properties. An alley shall not be considered a street. STREET HARDWARE: See section 12 -12 -7 of this title. STREET WIDTH: The distance of paved area measured at right angles to the center of the street. STREETSCAPE: See section 12 -12 -7 of this title. STRUCTURAL ALTERATIONS: Any change in the supporting members of a building or structure, such as bearing wails or partitions, columns, beams, or girders; any substantial change in roof or exterior walls, or any change affecting the means of ingress or egress. STRUCTURE: See definition of Structure in section 12 -14 -3 of this title. SUBDIVIDE The process of dividing a parcel of land into smaller buildable sites, blocks, streets, open space.. and public areas, and the designation of the location of utilities and other 23 Yl,li12-08 _ E%t llDII %i-2 Draft: 121612012 improvements. SUBDIVISION: A described tract of land which is to be, or has been, divided into two (2) or more lots or parcels, for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a parcel of land. The term includes resubdivision, and where it is appropriate to the context, relates to the process of subdividing or to the land subdivided. SUBDIVISION DESIGN STANDARDS: The guides, principles and specifications for the preparation of subdivision plans indicating among other things, the minimum and maximum dimensions of the various elements set forth in the chapter 8, "Subdivisions ", of this title. SUBDIVISION, MINOR: Any subdivision fronting on an existing street, not involving any new street or road, that cannot result in more than two (2) buildable lots. SUBDIVISION REGULATIONS: Local codes that regulate the division of undeveloped land into building lots for residential or other purposes. SWIMMING POOL: A receptacle for water or any artificial pool of water having a depth at any point of more than two feet (2'), intended for the purpose of immersion or partial immersion thereimof human beings, and including all appurtenant equipment. TAVERN: See definition of Bar. TEMPORARY: The use or installation of noncode requirements and /or components or materials which may or may not meet code requirements for a limited period of time. TENANT: A user of a building, partially or in total, who has a leasehold estate TERRACE: An open platform that is not a deck or patio. THROUGH BLOCK CONNECTION: An ample passageway, through or between any structures on a parcel, that allows the general public to walk from the street edge to the rear of the parcel. Minimum width shall be ten feet (10'). TOWNHOUSE: See definition of Dwelling, Attached. TOXIC MATERIAL: A substance (liquid, solid or gaseous) which, by reason of an inherent deleterious property whe n emitted in any amount, is injurious to living organisms of plants, animals, and human beings. TRAILER: Any structure designed to be hauled, whether by automobile or tractor, and designed for temporary storage or use TRANSIT AND PUBLIC TRANSPORTATION FACILITIES: Includes terminals, storage areas, service buildings and garages, for use by public transit providers. TRANSITIONAL: See section 12 -12 -7 of this title. TRANSITIONAL USES AND STRUCTURES: Uses or structures, permitted under the zoning ordinance, which, by their nature or level and scale of activity, act as a buffer between two (2) or more incompatible uses. TREE, ORNAMENTAL Smaller tree types valued for color accents and maximum 24 FC #12 -08 — EXH(aI7 R -2 Draft: 121612012 ornamental /seasonal characteristics (e.g., foliage, fruits, bark color), usually smaller in size, with a mature height of fifteen (15) to thirty feet (30'). TREES: Self- supporting woody plants of species which normally grow within the village of Morton Grove to a minimum overall height of twenty five feet (25') and have an average mature crown spread greater than twenty five feet (25'). TRUCK PARKING AREA OR YARD: Any land used or intended to be used for the storage or parking of trucks, tractors, truck trailers and including commercial vehicles, while not loading or unloading, and which exceed one and one-half( 1 '/2) tons in capacity. USE: The purpose or activity for which the land, or building thereon, is designed, arranged or intended or for which it is occupied or maintained and shall include any manner of performance of such activity with respect to the performance standards of this title. USE, ACCESSORY: See definition of Accessory Use. USE, LAWFUL: The use of any building, structure or land that conforms with all of the codes, ordinances and other legal requirements as exist at the time of the establishment of the use. USE, NONCONFORMING: Any use of land or structures which existed lawfully at the time of adoption of this title or amendment thereto, but which does not comply with the current use regulations of the zoning district in which it is located. See also definition of Legal, Nonconforming. USE, PERMITTED: See definition of Permitted Use, USE, PRINCIPAL: See definition of Principal Use. USE, SPECIAL: See definition of Special Use, USE, TRANSITIONAL: See definition of Transitional Uses And Structures. USED CAR LOT: See definition of Open Sales Lot. UTILITY HARDWARE: Devices such as poles, cross arms, transformers and vaults, gas pressure regulating assemblies, hydrants and buffalo boxes that are used for water, gas, oil, sewer and electrical services to a building or project. UTILITY SERVICES: Any device, including wire, pipe and conduit, which carries gas, water, electricity, oil and communications into a building or development. VARIANCE: A grant of relief from a provision of this title. VEHICLE: A means of transporting goods or passengers, designed for use on public streets, alleys, or other public ways. VEHICLE, COMMERCIAL. A vehicle of any type used or maintained primarily to transport material, operate a power attachment or tool, or transport people for a fee. Any vehicle with advertising or business designation affixed to it shall be considered a commercial vehicle. VEHICLE, PRIVATE PASSENGER: An automobile, station wagon, van or small truck used primarily as a means of transportation for the vehicle owner and the vehicle owner's family and guests, and for hauling property of the owner, but not equipped as a pickup camper. 25 PC #12 -08 — EXHIBIT! -2 Draft: 121612012 VEHICULAR ENCROACHMENT: The protrusion of a vehicle Into a vehicular accessway, pedestrianway, or landscape area. VENDING MACHINE: A machine for dispensing merchandise or services designed to be operated by the customer. VIBRATION: The periodic displacement of earth or any elastic media or body at a designated frequency (cycles per second). VILLAGE: The village of Morton Grove, Illinois. VILLAGE CLERK: The village clerk of Morton Grove, Illinois. VILLAGE ENGINEER: The village engineer of the village of Morton Grove or duly appointed representative of the village. VINE: Plants which normally require support to reach mature forma VOLUMETRIC: See section 12 -12 -7 of this title. WAREHOUSE: A structure or room used for storage of merchandise or commodities and where no such goods are sold at either wholesale or retail. This use does not include the storage of goods incidental to a different primary use on the same lot in which the warehouse would be considered an accessory use. WAREHOUSE AND DISTRIBUTION CENTER: A warehouse or warehouses for which the primary purpose is the distribution of wholesale goods and commodities for resale to retailers, industrial, commercial, institutional users, or to other wholesalers. WAREHOUSE, AUTOMATED: A warehouse where the material handling is primarily mechanized. WAREHOUSE, PUBLIC: A warehouse where the merchandise and /or commodities stored is occupied by several different commercial, industrial or wholesale users. WINDOWS: See section 12 -12 -7 of this title. YARD: An open space measured from the nearest property line to the closest point of the principal structure. YARD, FRONT: A yard extending from the front lot line for the full width of the lot. YARD, REAR: A yard extending from the rear lot line for the full width of the lot. YARD, SIDE: A yard extending from the side lot line between the front and rear yards. ZERO LOT LINE: A building sited on one or more lot lines. ZONING: P, police Power measure enacted primarily by general purpose units of local government, in which the community is divided into districts or zones within which permitted and special uses are established, as are regulations governing lot size, building bulk, placement, and other development standards. 26 K#12 -08 — cXHIBi i A -2 Draft: 121612012 ZONING DISTRICT: A section of the village for which the regulations governing the use, area, bulk, density, and setbacks of structures and property are uniform. ZONING LOT: See definition of Lot, Zoning. ZONING MAP: The map or maps incorporated into this title including the geographic area covered by each zoning district. (Ord. 07 -07, 3 -26 -2007, amd. Ord. 09 -35, 12 -14 -2009, Ord. 11 -26, 7 -11- 2011; Ord. 11 -42, 11 -28 -2011) 27 ireaislative S-ummary ORDINANCE 12 -37 AMENDING TITLE 10, CHARTER 10, OF THE VILLAGE OF MORTON GROVE MUNICIPAL, CODE ENTITLED "SIGN REGULATIONS" Introduced i December 10, 2012 i Objective To amend Title 10, Chapter 10 of tine Village Municipal Code entitled "Sign Regulations" to 3 insure this Chapter is consistent with current constitutional law, procedures, and Illinois law. Purpose: To update the Village's Sign Code to clarify the definition and regulation of temporary signs. Background: I In 2010, pursuant to Ordinance 10 -14, the Village adopted a new Sign Code to be more "user friendly ", to streamline the process for the application and review of signs, to conform with current business trends and current technology and to incorporate specific criteria for the approval of signage within the Village of Morton Grove. During the implementation of the new Code. Village staff has found that few sign owners register temporary signs, and it is difficult to enforce time limits for temporary signs. Moreover, except for inflatable and similar displays, Village Staff believes the interests of the Village can be protected without requiring the registration and time I units on temporary signs, so long as signs are required to be removed immediately once they become worn, disclored or damaged. Village staff does, however, recommend permits be required for inflatables and similar displays and that such displays be removed after 20 days. At the recommendation of Village staff and the Appearance Commission, the Code has also been revised to define a mural as a temporary sign, allow signage on the main part of canopies, and clarify the regulations of ground monument and pylon signs Programs, Departs I Legal, Building, and Administrative Departments or Groups Affected Fiscal Impact- Not applicable. Source of Funds: Not applicable. Workload Impact: impact for the administration and enforcement of this ordinance will be handled by the Building Department. Administrator Approval as presented. Recommendation: Second Reading: Required — code amendment , Special Considerations None or Requirements: Administrator Approval Administrator Prepared by:!Sl /d Teresa Roffman ston, Corporation Counsel AMENDING TITLE IA, CHAPTER IQ; OF THE VILLAGE OF MORTON GROVE MUNICIPAL CODE ENTITLED `SIGN REGULATIONS" WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois is a home rule unit of government under the provisions of Article 7 of the Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt and WHEREAS, the Village has a policy of regularly reviewing and revising its Municipal Code, as necessary, to insure the provisions of the Code remain compliant with contemporary statutes and relevant to the current operations and requirements within the Village; and WHEREAS, in 2010, pursuant to Ordinance 10 -14, the Village adopted a new Sign Code to be more "user friendly ", to streamline the process for the application and review of signs, to conform with current business trends and current technology, and to incorporate specific criteria for the approval of signage within the Village of Morton Grove; and WHEREAS, Village staff has recommended the Sign Code be amended to: • Include a definition for temporary signs, • Eliminate the registration requirement and time Iimits for most temporary signs, • Define a mural as a temporary sign, • Allow signage on the main part of canopies, and • Clarify the regulations of ground monument and pylon signs; and WHEREAS, in order to keep the Municipal Code current and to protect and preserve the health, safety, and welfare of persons within the Village of Morton Grove, it is reasonable, necessary, and appropriate to update the Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 10, Chapter 10 of the Municipal Code of the Village of Morton Grove entitled Sign Regulaiions is hereby amended to now read as follows: CHAPTER 10 SIGN REGULATIONS SECTION: 10 -10 -1: Purpose 10 -10 -2: Definitions 10 -10 -3: Permit Requirements and Administration 10 -10 -4: Exempt Signs 10 -10 -5: Prohibited Signs 10 -10 -6: General Regulations 10 -10 -7: Regulations by "type of Sign and Zoning District 10 -10 -8: Temporary Signs and Displays 10 -10 -9: Nonconforming Existing Signs 10- 10 -10: SignPermit Fees 10- 10 -11: Violations 10 -10 -1: PURPOSE: The primary purpose of signage in the village of Morton Grove is to help people find places without difficulty or confusion. This chapter shall be interpreted and applied in a manner which protects constitutional rights, promotes signage that is aesthetically pleasing, of appropriate scale, and harmonious with the character of the surrounding properties and areas, but prohibits signs that are harmful to property values, hazardous to the public safety, or disruptive to motorists. (Ord. 10 -14, 8 -9 -2010) 10 -10 -2: DEFINITIONS: The following terms shall have the meanings shown below. Where terms are not specifically defined, they shall have the meaning defined in the unified development code or if none, the ordinarily accepted meanings such as the context implies. ABANDONED SIGN Any permanent or temporary sign which is located on property which becomes vacant or any sign which pertains to a business or activity which has ended at the premises where the sign is located. ACTION SIGN A sign which has any visible mechanical movement of any description, or uses lights or other means to present an appearance that moves, revolves, spins, animates, rotates, flares, scrolls, changes, flashes, oscillates or otherwise visibly alters in appearance or message. AWNING /CANOPY A retractable or fixed structure made of material that will not fade, peel, crack or bleed, the frame of which is attached to and projecting from a building, and that shelters the area directly below it. BANNER SIGN A Iightweight temporary sign that contains a message which is attached or imprinted on a flexible surface that deforms under Iiaht pressure. BOX SIGN A sign with text and /or logos printed on a plastic or acrylic sheet that is mounted inside a cabinet or box that houses the lighting equipment. Also includes cabinet signs. CHANNEL LETTER SIGN Any sign that consists of individually shaped letters, logos, or combinations thereof that is directly attached to the exterior wall of the building. C0MMERCIAL SIGN Any sign that identifies a business or relates to the promotion of product or service. CONSTRUCTION SIGN A temporary sign identifying a business directly affiliated with a construction project that is actively underway on the properly where the sign is located. DIRECTIONAL SIGN A permanent sign located on private property directing or guiding vehicular traffic onto the property and /or toward parking or other identified locations on the property. ELECTRONIC Any sign with a fixed or changing display /message composed of a MESSAGING SIGN series of lights or similar method that may be changed through electronic means. FRONTAGE An elevation (side) of a building facing a public street, primary parking area for the building or tenant space or contains a public entrance to the building or tenant space. GOVERNMENTAL SIGN A sign erected by a government entity and pertaining to a governmental function or regulation, or otherwise required to be posted by a government entity. GROUND LEVEL The established finished grade of the ground directly below the sign. Established grade shall not be higher than eighteen inches (18 ") above the curb line for purposes of this chapter. GROUND MONUMENT A sign detached from any building and mounted on the ground or base. SIGN ILLUMINATED SIGN Any sign for which an internal or external artificial source of light is used in order to make the sign readable. MURAL A picture on an exterior surface of a structure. A mural is not a sign unless it contains text or a logo or otherwise promotes a particular product or service. NEON SIGNOR DEVICE Any neon tube, fiber optic, incandescent or other similar electrical device. NONCOMMERCIAL SIGN Any sign that is not related to the advertisement of any product or service or the identification of any business. Examples include: campaign signs, election signs, etc. POLE SIGN Any sign which is pennahently affixed in or upon the ground, supported by one or more structural members, the total width of which is /are less than one -third (1/3) the width of the sign face, with air space between the ground and the sign face. PORTABLE SIGN Any movable sign, such as a sandwich board, not permanently attached to the ground or a building and easily removable using ordinary hand tools. PRIMARY FRONTAGE The elevation (side) of a building containing the primary entrance(s) to the building or to the tenant space. PROJECTING SIGN A sign which projects from and is supported by a wall or parapet of a I with the display surface of the sign in a plane perpendicular to or approximately perpendicular to the wall PYLON SIGN Any sign which is permanently affixed in the ground supported by one or more structural members the total width of which is /are at least one-third (1/3) as wide as the sign face, with air space between the ground and the sign face. RACEWAY SIGN A wall sign consisting of individual letters, logos, or combination thereof and mounted upon an enclosed channel or raceway that is attached to a building. REAL ESTATE SIGN Any temporary sign pertaining to the sale, exchange, lease, rental, or availability of land, buildings, condominium and similar units, or apartments. Such signs may include building name and address, price and amenities, identity of seller or broker, and similar information. ROOF SIGN Any sign erected upon a roof, parapet, or roof mounted equipment structure and extending above a roof, parapet, or roof mounted equipment structure of a building or structure. SECONDARY FRONTAGE Any frontage which is not a primary frontage, but not an elevation (side) of a building which faces an alley. SIGN Any name, figure, character, outime, display, announcement, message or any other device of similar nature, including all backgrounds, frames, parts, supports and structures, designed to attract attention by its visibility beyond the boundaries of the property on which it is located, but not a mural or any flag, badge or insignia of any government or government agency. SIGN FACE An exterior display surface of a sign including nonstructural trim exclusive of the supporting structure. SPECIAL EVENT SIGN A temporary noncommercial sign advertising or pertaining to any civic or community event of general public interest. STREET FRONTAGE The horizontal distance as measured parallel to the public street from lot line to jot Iine. Where the property is located on a comer, both sides shall be considered in the calculation of street frontage. TENANT SPACE A building or contained unit in a building occupied by a business or organization. TEMPORARY SIGN "Temporary sign" include but are not limited to any non - illuminated banner, pennant, valance, or display constructed of cloth, canvas, Light fabric, cardboard, wallboard, or other light material, with or without frames which is reasonably intended to be displayed for a short period of time. This term shall also include any portable sign or portable sign display, inflatables and any sign display on a truck or motor vehicle that has not moved upon a street in the Village within a twelve 12 ( ) hour p eriod. TRAFFIC HAZARD A sign which obstructs free and clear vision at any street, intersection, drive aisle, or driveway or constitutes a distraction due to its size, location, content, color, or type of illumination. VILLAGE The appointed or acting Village Administrator of the Village of Morton ADMINISTRATOR Grove, or his /her designee. WALL SIGN Any sign attached to the wall of a building or structure in a plane parallel or approximately parallel to the plane of said wall, including permanent window signs. WINDOW SIGNS A sign placed inside a building which may be viewed from outside the building, excluding merchandise displays. (Ord. 10 -14, 8 -9 -2010) 10 -10 -3: PERMIT REQUIREMENTS AND ADMINISTRATION: A. Sign Permit Required: A sign permit shall be required for the installation and display of all signs except those deemed exempt in section 10 -10 -4 of this chapter, and whenever a nonexempt sign is altered, enlarged, or relocated. No permit shall be required for the repainting, cleaning, maintenance or repair of a sign, or for changing copy on a sign approved for the use of changeable copy. Any rights and privileges acquired pursuant to a permit are mere licenses and subject to revocation at any time. B. Application Requirements: Applications for sign permits must be submitted on the village's sign permit application form and shall be signed by the owner of the sign and the owner of the property where the sign shall be located. If the sign shall prgject over the public right of way, the owner of the property and the owner of the sign shall show proof of insurance as required by this chapter and shall agree to indemnify and hold the village harmless from any loss, damage, cause of action, or claim resulting from the improper construction, installation or maintenance of the sign. C. Processing Of Permit Application: The application must be complete and all required fees must be paid before it will be processed. If an incomplete application is submitted, the village administrator shall notify the applicant as to the information, records, or payment which are s missing. Within thirty (30) days of receipt of a complete application for a sign permit, the village administrator will: a. Approve the sign permit application and issue the permit. b. Approve the sign permit application with conditions, and issue the permit only upon satisfaction of such conditions. c. Determine that the standards set forth in subsection D of this section have not been satisfactorily met, and refer this matter to the appearance commission for design review as set forth in subsection E of this section. and advise the applicant as to which standards in subsection. D of this section have not been met, and what, if anything can be done so that the application can be approved without proceeding to design review. D. Standards For Permit Approval: The village administrator shall approve an application if all of the following standards have been met or can be met with conditions as may be included in a conditional approval: The sign as proposed in the application meets the applicable requirements of this chapter; 2. The sign as proposed does not violate any other applicable code provisions and /or standards of the village of Morton Grove, state of Illinois, or federal government; and The sign will not: a. Cause substantial injury to the value of other properties in the vicinity, or b. Be detrimental to the public safety or welfare in the neighborhood where it is located, or C. Unreasonably impair the visibility to adjacent property or public right of way, or d. Be inconsistent with any approved plan for the building or the district or area where it is located, or e. Be inconsistent with other signs on the property, or with the architectural character of the building, or £ Alter the essential character of the neighborhood, or g. Violate the purpose, spirit, or intent of this code. E. Design Review: In addition to a referral by the village administrator pursuant to subsection C of this section, an applicant may, at any time seek design review before the appearance commission. The appearance commission, as part of a design review, may approve a sign that does not meet the technical requirements of this chapter when: In the opinion of the appearance commission the proposed sign displays a level of creativity which might not be achieved if strict adherence to the technical requirements of this chapter were imposed; or 2. There are special circumstances unique to the property that would create practical difficulties if the technical requirement of this chapter were imposed. By way of example, but not by way of limitation, such circumstances include the size, shape, topography, location or surroundings affecting the property; however, 3. Under no circumstances may a sign be approved if the proposed sign violates the standards set forth in subsection D2 or D3 of this section. 4. The appearance commission may approve and amend a sign plan for a building or development with multiple tenants. Upon such approval.. the village administrator shall approve all signs for such building or developments which conform to said plan without further design review by the appearance commission. F. Application For Design Review: In addition to the an application for design review shall also contain basis for such relief, and the name of the person(s) application must he complete and all required fees an incomplete application is submitted, the villaae the information, records, or payment which are /is i requirements of subsection B of this section. a brief summary of the relief sought, the authorized to represent the applicant. The must be paid before it will be processed. If administrator shall notify the applicant as to nissing. G. Processing Of Design Review Application: The design review shall be held by the appearance commission at its next regularly scheduled meeting occurring at least fourteen (I4) days after the submission of a complete application, or refer, al to the appearance commission from the village administrator. The applicant or his authorized representative shall appear and present the case to the appearance commission. After hearing and considering the application, the appearance commission shall either: 1. Approve the application, in which case the permit shall be issued by the village administrator; 2. Approve the application with conditions, including modifications to the proposed sign in keeping with the spirit and intent of this chapter, in which case the permit shall only be issued by the villaae administrator upon satisfaction of any such conditions, and acceptance by the applicant of such modifications; or 3. Deny the application, in which case the appearance commission will provide the applicant with the basis for such denial, and what, if anything can be done so that the application can be approved. H. Expiration Of Permit: A si. permit shall be deemed to have expired and shall be null and void if the work authorized under the permit has not been completed within six (6) months after the date of issuance. I. Appeals: The applicant may appeal the decision of the appearance commission to the village administrator. Such appeal shall be submitted within thirty (30) days after receipt of the appearance commission's decision and shall include all information which the applicant deems relevant to the appeal. The applicant may also request a meeting with the village administrator which shall be set within fourteen (14) days of said request. Within fourteen (14) days after receipt of the appeal or upon conclusion of a requested meeting with the village administrator, the village administrator shall render a decision in writing which shall be deemed final. (Ord. 10 -14, 9 -9 -2010) 10 -10 -4: EXEMPT SIGNS: The following types of signs may be displayed without being issued a sign permit, but must comply with all other applicable code requirements and permits, including adherence to the standards set forth in subsection 10 -10 -3D of this chanter and the general requirements of section 10 -10 -6 of this chapter. A. Government signs, memorial plaques, and signs of historical interest. B. Names of buildings, dates of erection, monumental citations, commemorative tablets and the like, when carved into stone, concrete or similar material or a plaque made of bronze or aluminum, and made an integral part of the structure, not to exceed a total area of three (3) square feet. C. Traffic control signs located on private property when approved and installed in accordance with the "Manual Of Uniform Traffic Control Devices ", so long as the location of such signs has been approved by the chief of police. D. Directional signs located on private property provided the height of the signs is limited to three feet (3'), and the surface area of the sign is limited to six (6) square feet per side and no more than twenty five percent (25 %) of the sign is utilized for the identification of the business or organization, or its logo. E. Individual professional or occupational nameplates and address signs permanently affixed to a structure, each limited to two (2) square feet. F. Nonilluminated small signs provided the height of the sign is limited to five feet (5') and the surface area of the sign is Iimited to 1.5 square feet per side. No more than two (2) exempt small signs shall be allowed Der lot. G. Nonillunrinated temporary noncommercial signs provided the height of the sign is Iimited to five feet (5') and the surface area of the sign is limited to twelve (12) square feet per side. If the content of such sign pertains to an event or activity, the sign shall be removed within forty eight (48) hours after the conclusion of the event or activity. By way of example, signs relating to an election must be removed within forty eight (48) hours after election day. H. Nonilluminated temporary commercial signs such as contractor's signs, real estate signs, or garage sale signs Iimited to five feet (5') in height and surface area of six (6) square feet per side. Only two (2) such signs shall be allowed per lot and all such signs shall be removed within forty eight (48) hours after the conclusion of the event or activity promoted. By way of an example, a garage sale sign must be removed within forty eight (48) hours after the end of the garage sate, a real estate sign shall be removed within forty eight (48) hours after the sale of the real estate has been closed, and a contractor's signs shall be removed within forty eight (48) hours after the issuance of a certificate of occupancy for the property or the completion of the construction activity being promoted. Up to three (3) flags on a single flagpole per zoning lot, so long as the flagpole does not exceed twenty five feet (25') in height. Bulletin boards and display cases for the posting of noncommercial announcements and notices not to exceed six feet (C) in height and no larger than twelve (12) square feet in area. K. Temporary window signs, banner signs, exterior signs and displays subject to the requirements of section 10 -10 -8 of this chapter. Special event signs authorized by the village administrator. (Ord. 10 -14, 8 -4 -2010) 10 -10 -5: PROHIBITED SIGNS: The following types of signs and attention getthrg devices identified in this section are prohibited unless specifically authorized elsewhere in this chapter. A. Action signs or signs which incorporate physical movement, except for electronic message signs in conformance with section 10-10-7 of this chapter. B. Off premises, billboard or outdoor advertising including any sign which does not identify or directly relate to a business or establishment located on the premises, except for special event signs authorized by the village administrator. C. Pole signs, other than existing nonconforming signs. D. Roof signs, exempt for temporary displays approved by the village administrator. E. Signs that are painted directly on any part of a building or fence. Signs which contain words, statements or pictures of obscene, indecent or immoral characters and/or are injurious to the surrounding area property values. G. Trailer mounted signs and any sign on a motor vehicle which is not used for daily operations or during the regular course of business, or is not licensed, insured, or operational. H. Projecting signs larger than eight (8) square feet unless approved through the appearance commission's design review process. Signs which by color, location, or design resemble or conflict with traffic controls. J. Signs posted on trees, or utility poles. K. Any sign which is a traffic hazard or a hazard to safety or health including signs which are of inadequate design, construction, repair or maintenance. L. Any sign not expressly permitted by this chapter unless approved through the appearance commission's design review process. (Ord. 10 -14, 8 -4 -2010) 10 -10 -6: GENERAL REGULATIONS: A. Building, Electrical And Property Maintenance Codes Applicable: All signs shall be subject to the requirements of the applicable provisions of the village's building, electrical and property maintenance codes in addition to the regulations of this chapter and shall be capable of withstanding a wind pressure of not less than thirty (30) pounds per square foot of net surface area. B. Design: All permanent signs shall be designed or sealed by a structural engineer, registered architect or sign manufacturer. C. Maintenance: The property owner and the owner of a sign shall be jointly and severally liable for the maintenance of the sign in good working order and repair, including replacing all burned out Iighting elements, maintaining the sign in a neat, safe and attractive condition and in a condition appropriate to the intended use, replacing or repairing any part or portion of a damaged sign or a si «n faded or altered by ordinary wear, tear or damage. Any holes in building walls must be patched and painted to match the wall prior to any new or replacement signs being installed. B. Insurance: The owner of any sign that extends over or on village owned property shall maintain IlabiIity insurance policy or an indemnity bond, with a Corporate surety satisfactory to the village administrator, covering all damage or injury that might be caused by each of said signs, in such amount deemed satisfactory to the village administrator, but not less than two hundred fifty thousand dollars (5250,000.00) for property damage and one million dollars (S 1,000,000.00) for personal injuries. E. Abandoned Signs: Within thirty (30) days after a sign becomes abandoned, it shall be removed unless allowed to remain by the village administrator. The face of a box sign shall be removed and replaced with an unlit blank panel. Alternative methods to remove or replace an abandoned sign may be approved by the village administrator. F. Location: 1. All signs above any entrance shall have a minimum clearance of eight feet (8') above grade. 2. No sign shall extend into, on or over an adjacent property without the written consent of the adjacent property owner. No sign shall be permitted to extend into the village's right of way unless it is approved by the village administrator. Such approval may be conditioned upon proof of insurance, indemnification, and other reasonable conditions. No sign in the R -1, R -2, R -3 district shall be closer than eight feet (8') from any side or rear lot line or four feet (4') from the public right of way. No sign shall obstruct the visual sightline of pedestrians or vehicular traffic. G. Language: Any sign that contains non- English language, other than commonly recognized words or brand names, shall also include the same message in the same size translated into English. H. Measurement Of A Sign: 1. The area of charmel letter signs shall be computed by taking the area enclosed within the smallest geometric figure needed to completely encompass each letter, word., insignia, emblem or symbol of the sign. 2. For other types of signs, the area shall be computed by taking the total area of the facing or the total area within the outer edge of any border of the sign, not including the base or support structure. 3. For multifaced signs, the area shall include only the portion of the sign that is visible from a single vantage point. 4. The height of the sign shall be measured from ground level to the highest part of the sign. Letters And Symbols: Letters and symbols on signs shall be legible from the public right of way. (Ord. 10 -14, 8 -9 -2010) 10 -10-7: REGULATIONS BY TYPE OF SIGN AND ZONING DISTRICT: A. Total Signage: Each tenant space may have multiple types of signs as tong as the total sign area does not exceed the allowances established for wall signs. This provision does not apply to ground monument or pylon signs. B. Illuminated Signs: Illuminated signs are subject to the following regulations: The Iight intensity or brightness from any illuminated sign shall not disrupt the reasonable peaceful enjoyment of surrounding properties. Illuminated signs visible to adjacent residential properties shall be turned off and not operated between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. No illuminated sign shall exceed one hundred (100) foot- candles of power per running foot of the width of the sign. Candlepower is total lumens divided by 12.57. The density of the sign face or canopy /awning material shall obscure the lighting source. No exposed reflective type bulbs and no strobe light or incandescent lamp shall be used on the exterior surface of any sign so as to expose the face of the bulb, light or lamu to any public street or adjacent property or on or under canopy /awnings. 5. Wiring or conduit shall not be exposed to view. C. Electronic Messaging Signs: 1. Electronic messaging signs are allowed on up to fifty percent (50 %) of the face of a wall sign, ground monument, and pylon signs on lots less than two (2) acres and up to seventy five percent (75 %) of such signs on lots in excess of two (2) acres. 2. Electronic messaging signs shall only display commercial content solely related to the business or businesses located on the premises, the local time and temperature and noncormnerciai content. The sign shall display static images only. The sign shall not display video and shall not move, blink, animate, flash or operate in any other manner which constitutes or implies motion. The content and messages displayed on the sign are permitted to change no more than every thirty (30) seconds in residential districts, and no more than every ten (10) seconds in commercial districts. Transitions between content and messages shall be instantaneous. Electronic messaging signs shall be equipped with light sensing devices or timers that automatically dim the intensity of the light emitted from the sign during low light periods from dusk to dawn. The illumination level of the sign, as measured at the sign surface, shall not exceed five hundred (5 00) nits of intensity between dusk and dawn and five thousand (5,000) nits during daylight hours. 5. The sign shall be situated to prevent direct glare onto adjacent residential properties. D. Directional Signs: One directional sign shall be allowed at each entrance and exit on properties with frontage of at least one hundred fifty feet (150') and where needed to avoid confusion as approved by the village administrator. All directional and instructional signs shall be no larger than is necessary to accomplish their intended purpose. A company name, logo or service mark may cover up to twenty five percent (25%' ) of the face of the sign. E. Projecting Signs: Unless otherwise approved by the appearance commission, projecting signs shall project no more than fifty two inches (52 ") from the building, be at least eight feet (8') but not more than twelve feet (12') above the sidewalk, have a maximum area of eight (8) square feet, and beat least twelve and one -half feet (12.5') from the end of the tenant space and twenty five feet (25') from another projecting sign. F. Wall Signs: This subsection F applies to all wall signs including box signs, raceway signs, channel cut signs, interior LED and neon style signs and signs on canopies and awnings over windows. Shmage on canopies and awnings shall be limited to that part of the awning or canopy which is parallel to the building. 2. Wall signs shall not project more than twelve inches (12 ") from the building. No wall sign or its supporting structure, shall project beyond the top of the wall to which it is attached. No sign shall cover or interfere with architectural details, windows, or mechanical equipment. Up to one and one -half (1.5) square feet of wall signage per each linear foot of frontage or one hundred twenty (120) square feet of signage (whichever is less) shall be allowed on the primary frontage of each tenant space of a nonresidential building. The maximum area of wall signage on a primary frontage may be increased by twenty five percent (25 %) if the building is set back by more than two hundred feet (200') from the public right of way. 4. Up to one and one -half (1.5) square feet of additional wall signage per each Iinear foot of frontage or thirty two (32) square feet of signage (whichever is less) shall be allowed on the secondary frontage of each tenant space of a nonresidential building, provided said signage is at least five feet (5') from any sign on an adjacent frontage. Up to fifteen (15) square feet of signage shall be allowed on the frontage facing an alley of each tenant space of a nonresidential building. 6. LED or neon style interior signs not exceeding ten percent (10 %) of the window area shall be allowed in each tenant space in the C -1 and C -2 districts. The maximum length of any wall signs shall be limited to seventy five percent (75 %) of the frontage of the tenant space where it is situated. G. Ground Monument Signs And Pylon Signs: Residential Districts: One ground monument sign shall be allowed for each one hundred fifty feet (150') of street frontage up to a total of two (2) signs for a nonresidential Property or a residential property with at least twenty (20) or more residential units in the R -1, R- R -3, or C/R districts. Each sign shall be no more than eight t feet (S') high with a maximum sign face area of thirty six (36) square feet. Commercial Districts: One ground monument or pylon sign shall be allowed for each one hundred fifty feet (150') of street frontage up to a total of three (3) signs per nonresidential property or a residential property with at least twenty (20) or more residential units in the C -1 or C -2 districts. The combined height of all signs shall not exceed ten feet (10') for each sign allowed with a maximum height of twenty five feet (25') for any one sign. The combined sign face area shall not exceed fifty (50) square feet per each sign allowed, except the maximum combined sign face area for properties in excess of five (5) acres shall be one hundred fifty (150) square feet. Industrial Districts: One ground monument sign shall be allowed for each one hundred fifty feet (150') of street frontage up to a total of two (2) signs per nonresidential property in the M -1 or M -2 districts. The combined height of all signs shall not exceed ten feet (10') for each sign allowed with a maximum height of fifteen feet (15') for any one sign. The combined sign face area shall not exceed fifty (50) square feet per each sign allowed. 4. Structural'Base: The structural base of a ground monument sign shall be constructed and finished with materials that are compatible with the appearance of the building, and shall be at least seventy five percent (75 %) of the width of the sign's face. Landscaped Beds: All ground monument and pylon signs shall be located in a landscaped bed that extends at least two feet (2') from the base on all sides. The landscape bed of a pylon sign shall be planted with shrubs at least three feet (3') in height at planting and may also include perennials, turf or other live ground cover. Sign Location: No ground monument or pylon sign may be located closer than eight feet (8') from any side or rear lot line or within seventy five feet (75') of any other ground monument or pylon sign, or a distance less than one -half (112) its height or four feet (4') from the public right of way whichever is greater. (Ord. 10 -14, 8 -9- 201.0) 10-10 -8: TEMPORARY SIGNS AND DISPLAYS: A. No permit is required for temporary signs, except for exterior promotional displays such as inflatable items, and similar outdoor decorations . Temporary signs on non - residential properties shall be professionally made. Unsecured, discolored, tom, or damaged signs shall be removed immediately. B. Temporary window signs may cover up to one -third (1/3) of the total glass area of the transparent windows of the building or tenant space, excluding doors. No such sign shall exceed fifty percent (50 %) of the area of an individual window. C. One temporary wall sign and two (2) temporary banners shall be allowed for each nonresidential property. The total area of the temporary signs and banners shall not exceed one -third (1/3) of the total wall signage allowed per frontage.. D. Temporary exterior promotional displays such as inflatable he and similar outdoor decorations may, upon issuance of a permit by the Village Administrator, be displayed for a period not to exceed twenty (20) consecutive days. No property may display temporary exterior promotional displays for more than forty (40) days in any calendar year. E. One portable sign such as a sandwich board sign not exceeding four feet (4') in height and six (6) square feet per sign face shall be allowed for each frontage of a tenant space in the C -1, C -2 and C/R districts. Such signs shall only be displayed during the hours that the tenant space is open for business. Such signs shall be free of dents and other damage, shall be maintained in like new appearance, shall be weighted or anchored to not tip over, and shall not impede pedestrian circulation or traffic flow. r. The village administrator may issue a permit for temporary freestanding exterior signs up to thirty two (32) square feet. (Ord. 10 -14, 8 -9 -2010) 10 -10 -4: NONCONFORMING EXISTING SIGNS: A well maintained and safe sign which was existing and in full compliance with all applicable ordinances and regulations immediately prior to the effective date of this chapter or any subsequent amendments, but does not comply with current provisions of this chapter is a nonconforming sign. Such sign shall be allowed to remain in place so long as it is maintained in good condition, is not altered, modified or reconstructed, and is not considered an abandoned sign by this code; otherwise unless approved by the appearance commission as part of its design review process, the sign shall immediately be brought into full compliance with this chapter or shall be removed. Normal cleaning, refurbishing and painting which does not change the original appearance of the sign shall not be considered an alteration, modification or reconstruction. (Ord. 10 -14, 8 -9 -2010) 10- 10 -10: SIGN PERMIT FEE: The fee to be charged for permits issued for the erection or construction of any new sign, awning, canopy, or marquee shall be in accordance with Title 4, Chapter 3 of this Code, in addition to any electrical or building fees, if applicable, as determined by this Code. 10- 10 -10: VIOLATIONS: A. In addition to all penalties provided in title 1. chapter 4 of this code, the village administrator may revoke a sign permit and /or order the repair or removal of any sign which continues to be in violation of this chapter for at least thirty (30) days after notice of such violation by citation or otherwise has been given to the owner of the sign or the owner of the property where the siun is located. In the event the sign is not repaired or removed within thirty (30) days after notice to do so is given, the village administrator may take any and all steps necessary to remove or repair the sign. The notice requirements of this section shall not apply if the village administrator finds that the immediate repair or removal of the sign is necessary to prevent Imminent harm to any person or property. B. The owner of the sign and the owner of the premises where the sign is located shall be jointly and severally liable for all costs incurred by the village pertaining to the repair or removal of the sign pursuant to subsection A of this section. Any costs which remain unpaid for more than thirty (30) days after said removal or repair is performed and notice of said cost was mailed to such owner at his /her last known address shall constitute a lien upon the real estate of such owner, and the village attorney may record a notice of lien against the owners' properties, may foreclose this Iien, and /or take any other action against such owner(s) to recover all due to the village including the costs of filing the lien, foreclosing said lien, filing suit and all litigation costs, together with all office expenses and attorney fees incurred in connection with the collection of the amount due hereunder. (Ord. 10 -14, 9 -9 -2010) SECTION 3: This Ordinance is an exercise of the home rule authority ofthe Village of Morton Grove and is intended to and, to the fullest extent allowed by the constitution of the State of Illinois, small be construed as to supersede any contrary or conflicting state, county, or local rule or regulation, SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 5: In the event this ordinance or any part thereof is in conflict with any statute, ordinance, or resolution or part there, the amendment in this ordinance shall be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict. Except as to code amendments set forth above in this ordinance, all chapters and sections of the Morton Grove Village Code as amended shall remain in full force and effect. SECTION 6: In all other respects not inconsistent with this ordinance, all Village Codes are hereby reaffirmed. SECTION 7: This ordinance shall be in frill force and effect from and after its adoption, approval and publication as provided by law. PASSED T141S 14 °i day of January 2013. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 14 °' day of January 2013. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 15`x' day of January 2013, Tony S. Kaiogerakos, Village Clerk Village of Morton Grove Cook County, Illinois