Final Ordinance Adopted by the City of Macomb

The Final Ordinance Adopted by the City of Macomb.

AN ORDINANCE TO REVISE CERTAIN PROVISIONS OF CHAPTER 17 OF THE MUNICIPAL CODE OF MACOMB, ILLINOIS CONCERNING THE DEFINITION OF FAMILY AS USED IN ZONING.

Preamble

A. On November 18, 1997, the City Council of the City of Macomb, McDonough County, Illinois (the Council and City respectively) adopted Ordinance No. 2750 adopting a unified development code for the City (the “Unified Development Code”)

B. Since the adoption of the Unified Development Code, the Project HANDS (Homeowners and Neighborhood Defense Strategy), (the “Project HANDS”) a citizen's group has identified certain definition revision which would improve the operation of the Unified Development Code.

C. On October 8, 2001, notice of public hearing was published in the Macomb Journal, a secular newspaper of general circulation in the City, concerning a public hearing by the City Planning Commission to consider revisions to the Unified Development Code consistent with the request made by Project HANDS recommendations.

D. On October 24, 2001, at 5:15 p.m., the Planning Commission conducted a public hearing at the Wesley United Methodist Church, 1212 West Calhoun Street, Macomb, Illinois to consider the proposed change to the Unified Development Code.

E. The Planning Commission considered the recommended revisions to the Unified Development Substantial objections to the revision were heard as well as substantial support of the revision and the Planning Commission voted unanimously on November 28, 2001 to recommend the revision to the Council for adoption.

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MACOMB, McDONOUGH COUNTY, ILLINOIS AS FOLLOWS:

Section 1. Revision of Article II, Section 2 of the Unified Development Code Article II, Section 2 of the Unified Development Code is amended by deleting the words and figures in brackets and by adding the words and figures underlined as follows:

Section 2. Definitions Family In R-1 and R-2, single family residential zoning districts, a family may consist of a person living alone, or any of the following groups living together as a single housekeeping unit (see also definition of “Single Housekeeping Unit”) and sharing common living, sleeping, cooking and eating facilities:

(1) Any number of people related by blood, marriage, adoption, guardianship or other duly‑authorized custodial relationship;

(2) Two (2) unrelated people;

(3) Two (2) unrelated people and any children related to either of them;

(4) An individual or group of two (2) or more persons related by blood, marriage or legal adoption, together with not more than six (6) minor children operating as a foster family home or group home which is licensed by the State of Illinois;

(5) A group home for the disabled as defined in Article Two, Chapter One, Section Two of the Unified Development Code for the City of Macomb;

(6) Three (3) or more people who are granted a Special Use Permit as a “Functional Family Unit” as defined by the Unified Development Code of the City of Macomb.

In R-1 and R-2, single family residential zoning districts, a family does not include:

(1) Any society, club, fraternity, sorority, association, lodge, combine, federation, coterie or like organizations;

(2) Any group of individual whose association to each other is temporary and/or seasonal in nature;

(3) Any group of individuals who are in a group living arrangement as a result of criminal offenses.

In R-3, two family residential zoning district and R-4, multiple family residential zoning district, a family may consist of any of the following living together as a single house keeping unit (see also definition of Single Housekeeping Unit) within a dwelling unit: { See also Single Housekeeping Unit. A family may consist of any of the following living together as a single housekeeping unit within a dwelling unit:}

(1) An individual or group of two (2) or more persons related by blood marriage or legal adoption, together with not more than three (3) additional persons not related by blood, marriage or adoption;

(2) An individual or group of two or more persons related by blood, marriage or legal adoption, together with not more than six (6) minor children operating as a foster family home or group home which is licensed by the State of Illinois. (Ord. No. 1403, § 1, 8/20/73)

Functional Family Unit
In R-1 and R-2, single family residential zoning districts, a functional family unit shall consist of a group of individuals living together in a single dwelling unit and functioning as a family with respect to those characteristics that are consistent with the purposes of zoning restrictions in single family residential neighborhoods. In determining whether or not a group of unrelated individuals is a functional family unit under this definition, the following criteria must be used.

(1) The occupants must share the entire dwelling unit. A unit in which the various occupants act as separate roomers cannot be deemed to be occupied by a functional family unit.

(2) The following factors shall be considered in determining whether a functional family unit exists:

(a) The presence of minor dependent children regularly residing in the household;

(b) Proof of the sharing of expenses for food, rent or ownership costs, utilities and other household expenses and sharing in the preparation, storage and consumption of food;

(c) Whether or not different members of the household have the same address for the purposes of voter registrations, drivers' licenses, motor vehicle registrations, summer or other residences and the filing of taxes;

(d) Common ownership of furniture and appliances among the members of the household;

(e) Enrollment of dependent children in local schools;

(f) Employment of the householders in the local area;

(g) A showing that the household has been living together as a unit for a year or more, whether in the current dwelling unit or other dwelling units;

(h) Any other factor reasonably related to whether or not the group or persons in the functional equivalent of a family.

Section 2. Effective Date. This ordinance shall be effective on December 31, 2001.