ORDINANCES - April 9, 2002

AN ORDINANCE AMENDING THE COOK COUNTY ZONING

ORDINANCE REZONING CERTAIN PROPERTY

AND PROVIDING FOR A SPECIAL USE

IN NORTHFIELD TOWNSHIP

WHEREAS, the owner of certain property located in Northfield Township described in Sections 1 and 2 herein, has petitioned the Cook County Board of Commissioners to have the property rezoned from R-3 Single Family Residence District to R-6 General Residence District, and a Special Use in the R-6 General Residence District for a Planned Unit Development of 66 townhomes (as amended from 74), and

WHEREAS, the said petition was received by the Zoning Board of Appeals of Cook County as Dockets #7150 and #7151, and a public hearing was held in regard to said request after due notice, all in accordance with the Cook County Zoning Ordinance and the Statutes of the State of Illinois, and

WHEREAS, the Zoning Board of Appeals entered detailed findings in accordance with the standards set forth in the Ordinance recommending that the Cook County Board of Commissioners grant said applications for Amendment and Special Use, and

WHEREAS, it is the opinion of the Board of Commissioners of Cook County that said property be rezoned in accordance with the recommendations of the Zoning Board of Appeals.

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Cook County, Illinois:

Section 1: That the following described property be and the same is hereby rezoned from the R-3 Single Family Residence District to the R-6 General Residence District, and

That said property be developed and constructed pursuant to the detailing set forth in the testimony and contained in the exhibits and findings of the Cook County Zoning Board of Appeals hereby incorporated by_. reference into this Resolution, as provided by law.

Section 2: That a Special Use in the R-6 General Residence District for a Planned Unit Development of 66 townhomes (as amended from 74 townhomes) be and hereby is authorized for the following described property:

LEGAL DESCRIPTION

Parcel 1: The S. 10 acres (except the E. 330' of the S. 132' thereof, and except the E. 50' thereof) of the E. 64 acres of the N. 124 acres, of the NW 1/4 of Section 29, Township 42 N, Range 12, E. of the 3rd Principal Meridian in Cook County, Illinois.

Also known as: that part of the NW 1/4 of Section 29, Township 42 N., Range 12, E. of the 3rd Principal Meridian, described as follows: commencing at the NE corner of said NW 1/4; thence S. 00 degrees 14 minutes 21 seconds W. along the E. line of said NW 1/4, 1722.56' to the N. line of the S. 10 acres of the E. 64 acres of the N. 124 acres, of said NW 1/4 for a place of beginning; thence continuing S. 00 degrees 14 minutes 21 seconds W. along said E. line, 190.57' to the N. line of the S. 132' of the N. 124 acres of said NW 1/4 of Section 29; thence N. 89 degrees 51 minutes 57 seconds W. along said N. line, 330' to the W. line of the E. 330` of said NW 1/4; thence S. 00 degrees 14 minutes 21 seconds W. along said W. line, 132' to the S. line of Lot 1 in County Clerk's Division, according to the plat thereof recorded November 11, 1876, as Document No. 106458; thence N. 89 degrees 51 minutes 57 seconds W. along said S. line, 1036.68' to the W. line of the E. 64 acres of the N. 124 acres of said NW 1/4 of Section. 29; thence N. 00 degrees 14 minutes 21 seconds E. along said W. line, 322.57' to said N. line of the S. 10 acres of the E. 64 acres of the N. 124 acres of said NW 1/4 of Section 29; thence S. 89 degrees 51 minutes 57 seconds E. along said N. line 1366.68' to the place of beginning (except the E. 50' thereof) in Cook County, Illinois.

Parcel 2: The E. 330' of the S. 132' of the S. 10 acres of the E. 64 acres of the N. 124 acres (except the E. 50' thereof) of the NW 1/4 of Section 29, Township 42 N., Range 12, E. of the 3rd Principal Meridian, in Cook County, Illinois.

commonly described as approximately 10 acres, located on the West side of Landwehr Road, approximately 600 ft. North of Lake Avenue in Northfield Township.

Section 3: That Zoning Map 4 of the Cook County Zoning Ordinance, Cook County Comprehensive Plan, and all other pertinent records be and the same shall be changed to show the rezoning of the described property in accordance with the provisions of this Resolution, as provided by law, and the Special Use permit be and hereby is authorized.

Section 4: That this Ordinance be in full force and effect from and after its passage and approval.

Approved and adopted this 9th day of April 2002.

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JOHN STROGER, Jr., President

Cook County Board of Commissioners

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ATTEST: DAVID D. ORR, County Clerk

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AN ORDINANCE GRANTING A SPECIAL USE

FOR UNIQUE USE

LOCATED IN ELK GROVE TOWNSHIP

AS AUTHORIZED BY THE COOK COUNTY ZONING ORDINANCE

WHEREAS, the owner of certain property located in Elk Grove Township, as described in Section 1, herein, has petitioned the Cook County Board of Commissioners for a Special Use for Unique Use permit in the I-1 Restricted Industrial District.

WHEREAS, the said petition was received by the Zoning Board of Appeals of Cook County as Docket #7204 and a public hearing was held in regard to said request after due notice, all in accordance with the Cook County Zoning Ordinance and the Statutes of the State of Illinois, and

WHEREAS, it is the determination that said request be granted in accordance with the recommendations of the Zoning Board of Appeals.

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Cook County, Illinois:

Section 1: That a Special Use for Unique Use for a package liquor store in an existing building in the I-1 Restricted Industrial District, be and hereby is authorized as set forth in the Findings and Recommendations of the Zoning Board of Appeals.

LEGAL DESCRIPTION

Of the South 241 ft. of that tract of land described as the South half of the Southwest quarter of the southeast quarter, except East 974 ft., as measured on North and South lines thereof, and except the South 50 ft. thereof, of Section 23, Township 41 North, Range 11, East of the Third Principal Meridian.

commonly described as approximately 1.95 acres, located on the Northeast corner of Oakton Street and Badger Road in Elk Grove Township.

Section 2: That the Special Use for Unique Use located in the I-1 Restricted Industrial District to operate a package liquor store in an existing building, be, and hereby is, authorized.

Section 3: That this Ordinance under the provisions of Section 13.10-7 of the Cook County Zoning Ordinance be in full force and effect from and after its passage and approval, except that if said use is not established within one year as provided in Section 13.10-11, said Special Use for Unique Use shall be null and void. That said property be developed and constructed pursuant to the detailing set forth in the testimony and contained in the exhibits and Findings of the Cook County Zoning Board of Appeals hereby incorporated by reference into this Ordinance, as provided by law.

Approved and adopted this 9th day of April 2002.

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JOHN STROGER, Jr., President

Cook County Board of Commissioners

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ATTEST: DAVID D. ORR, Clerk

_________________________

ORDINANCE

Sponsored by

THE HONORABLE JOHN H. STROGER, JR., PRESIDENT, JERRY BUTLER,

ALLAN C. CARR, EARLEAN COLLINS, JOHN P. DALEY, GREGG GOSLIN,

CARL R. HANSEN, TED LECHOWICZ, ROBERTO MALDONADO,

WILLIAM R. MORAN, JOSEPH MARIO MORENO, MIKE QUIGLEY,

HERBERT T. SCHUMANN, JR., PETER N. SILVESTRI, DEBORAH SIMS,

BOBBIE L. STEELE AND CALVIN R. SUTKER, COUNTY COMMISSIONERS

Real Property ASSESSMENT CLASSIFICATION ORDINANCE

AS AMENDED

BE IT ENACTED BY THE COOK COUNTY BOARD OF COMMISSIONERS:

The Real Property Assessment Classification Ordinance, as from time to time amended (November 29, 1976; June 6, 1977; September 19, 1977; May 16, 1978; January 2, 1979; March 3, 1980; September 2, 1980; October 3, 1983; April 2, 1984; November 18, 1985; May 19, 1986; June 20, 1988; September 5, 1989; December 18, 1989; March 16, 1992; December 6, 1994; November 19, 1996; May 6, 1997; November 23, 1999; April 18, 2000, September 6, 2001, December 4, 2001 and April 9, 2002) is hereby amended to read as follows:

The Cook County Board of Commissioners finds and declares:

(1) that in certain areas of Cook County there is a lack of viable industrial and commercial buildings, which is contributing to substantial unemployment in such areas;

(2) that if existing industrial and commercial structures were improved and utilized fully, and if new industrial and commercial structures were developed, the County's economic well-being would be improved by an increase in the level of economic activity, by increased employment opportunities and by a growth in the real property tax base;

(3) that because of the blighted or depressed condition of the areas where such development is needed, the ordinary unaided operation of private enterprise cannot accomplish the necessary modernization, rehabilitation and development, therefore provision must be made for public assistance and encouragement of such private enterprises;

(4) that the creation of new property tax classifications for (a) new development of industrial structures, or the substantial rehabilitation and re-utilization of existing industrial structures, for the County as a whole as well as for specific areas of special need, and (b) new development of commercial structures, or the substantial rehabilitation and re-utilization of existing commercial structures in areas that are depressed, blighted or threatened with blight, is an appropriate and necessary method of providing such assistance and encouragement, and will result in increasing the tax base in such areas and for the entire County; and

(5) that the creation of a new property tax classification for the rehabilitation and new construction of certain multifamily rental housing will increase and improve the stock of decent, safe and affordable housing for low- and moderate-income households in Cook County, and will remove the blight or potential blight of deteriorating housing stock while also increasing the tax base of the County.

(6) that the amendment of real estate assessment classifications for the purpose of lowering the assessment level for certain retention and development of the most affordable permanent housing available to homeless and very low income individuals.

(7) that the creation of a new property tax classification, to facilitate commercial and industrial development through remediation of property, contamination of which is not attributable to the owner, is an appropriate and necessary method of providing assistance and encouragement to achieve remediation and utilization of such property, which will result in increasing employment opportunities as well as the tax base in the areas in which such sites are located and in the entire County.

(8) that the Class L ~~creation of a new property~~ tax classification, to will encourage the preservation and rehabilitation of historically and architecturally significant ~~commercial and industrial~~ buildings, will enhance the general character of real estate in the County and contribute to the economic well-being of the County by increasing the level of economic activity, increasing employment opportunities and contributing to the long-term growth of the real property tax base.

(9) that the creation of a new property tax classification to encourage the preservation and retention of existing affordable rental housing units is necessary and beneficial to the population of Cook County.

Section 1.

(A) Cook County hereby establishes the system of classifying real estate for the purposes of assessment for taxation set forth in the following Sections.

(B) Definitions:

(1) For the purpose of this Ordinance, the definition of "real estate" shall be:

"Not only the land itself, whether laid out in town or city lots, or otherwise, with all things contained therein, but also all buildings, structures and improvements, and their permanent fixtures, of whatsoever kind, thereon, and all rights and privileges belonging or in anywise pertaining thereto."

Included therein is any vehicle or similar portable structures used or so constructed as to permit its being used as a dwelling for one or more persons; if such structure is resting in whole on a permanent foundation.

(2) For the purpose of this Ordinance, the definition of "market value" shall be:

"That value, estimated at the price it would bring at a fair voluntary sale."

(3) For the purposes of this Ordinance, the definition of "real estate used for residential purposes" shall be:

"Any improvement or portion thereof occupied solely as a dwelling unit."

(4) For the purposes of this Ordinance, the definition of "single room occupancy building" shall be:

"A multi-unit residential building in which at least 90 (ninety) percent of the units are single room occupancy units, excluding rooms occupied by management employees, and in which at least 75 (seventy-five) percent of the annual occupancy of the SRO units is for monthly terms."

(5) For the purposes of this Ordinance, the definition of "single room occupancy" shall be:

"A room rented as sleeping or living quarters with or without cooking facilities located in the same room as the sleeping or living quarters, and with or without individual bathrooms."

(6) For the purposes of this Ordinance, the definition of "real estate used for industrial purposes" shall be:

"Any real estate used primarily in manufacturing, as defined in Section 1 (B) (7), or in the extraction or processing of raw materials unserviceable in their natural state to create new physical products or materials, or in the processing of materials for recycling, or in the transportation or storage of raw materials or finished physical goods in the wholesale distribution of such materials or goods for sale or leasing."

(7) For the purposes of this Ordinance, the definition of "manufacturing" shall be:

"The material staging and production of goods used in procedures commonly regarded as manufacturing, processing, fabrication, or assembling which changes existing material into new shapes, new qualities, or new combinations and including research and development associated with the production of goods."

(8) For the purposes of this Ordinance, the definition of an "area in need of commercial development" shall be:

"Any area within Cook County which satisfies the provisions of Section 4A of this Ordinance."

(9) For the purposes of this Ordinance, the definition of "real estate used for commercial purposes" shall be:

"Any real estate used primarily for buying and selling of goods and services, or for otherwise providing goods and services, including any real estate used for hotel and motel purposes."

(10) For the purposes of this Ordinance, the definition of "community area" shall be:

"An area within the City of Chicago so designated and identified by the Social and Economic Characteristics of Chicago's Population: Community Area Profiles, December, 1992, or revisions thereto, or in Cook County outside the City of Chicago, as defined by the municipality concerned or by the County in unincorporated areas."

(11) Except as otherwise specified in Section 2 below, for the purposes of this Ordinance, the definition of "abandoned property" shall be:

"Buildings and other structures that, after having been vacant and unused for at least 24 continuous months, have been substantially rehabilitated or purchased for value by a purchaser in whom the seller has no direct financial interest."

(12) For the purposes of this Ordinance, the definition of "in need of substantial revitalization" shall be:

"An area no less than 10 contiguous acres or more than 1 contiguous square mile in size which is in a state of extreme economic depression evidenced by such factors, as defined in the rules and regulations as promulgated by the Office of the Cook County Assessor, among others, as: (a) substantial unemployment; (b) a low level of median family income; (c) aggravated abandonment, deterioration, and underutilization of properties; (d) a lack of viable industrial and commercial buildings whose absence significantly contributes to the depressed economic and unemployment conditions in the area; (e) a clear pattern of stagnation or decline of real estate taxes within the area as a result of its depressed condition; (f) a manifest lack of economic feasibility for private enterprise to accomplish the necessary modernization, rehabilitation and development of the area without public assistance and encouragement; and (g) other factors which evidence an imminent threat to public health, welfare and safety."

(13) For purposes of this Ordinance and more particularly Section 2 thereof, real estate while under lease or license to a unit of local government for an annual rental or fee of not more that ONE DOLLAR ($1.00), shall not be deemed to be "improved" as a result of any alterations, additions or modifications consisting of the construction, landscaping, maintenance, or beautification of parks, parkways, parking lots, playgrounds, or similar public facilities operated or maintained for the public benefit. During the term of such lease or license, including extensions thereof, the real estate which is the subject of such lease or license shall be treated as though such alterations, additions, or modifications have not been made.

(14) For purposes of this Ordinance, the definition of "multifamily residential real estate" shall be:

"Real estate which is used primarily for residential purposes and consists of an existing multifamily building containing seven or more rental dwelling units."

(15) For purposes of the Class 9 provisions of this Ordinance only, the definition of "major rehabilitation" shall be:

"The extensive renovation or replacement of primary building components or systems as further prescribed by rule of the Assessor."

(16) For purposes of this Ordinance, the definition of a "low- or moderate-income person or household" shall be:

"A person or household occupying a single dwelling unit and whose combined annual income is equal to or less than the income limits for low-income families for the Chicago Metropolitan Statistical Area as determined by the Secretary of the United States Department of Housing and Urban Development pursuant to Section 3 (b) (2) of the United States Housing Act of 1937, as amended. A household consists of all the occupants of a legal dwelling unit, related or unrelated."

(17) For purposes of this Ordinance, the definition of "targeted area" shall be:

"Census tracts in the City of Chicago or census block groups in the County of Cook outside of the City of Chicago, as defined and identified by the U.S. Census Bureau's most recent census, in which at least 51% of the residents are low- or moderate-income persons."

(18) For purposes of this Ordinance, the definition of "rents affordable to low- and moderate-income persons and households" shall be:

"Gross rents that do not exceed 30 percent of the adjusted income of a household whose income equals 55% of the median income for the Chicago Metropolitan Statistical Area, with adjustments for number of bedrooms in the units, as determined annually by the Secretary of the United States Department of Housing and Urban Development, or rents for units occupied by households receiving housing assistance under Section 8 of the United States Housing Act of 1937, as amended. 'Gross rents' shall be the rental cost of the unit plus any allowances for tenant paid utilities (except telephone), services and appliances."

(19) For purposes of this Ordinance, the definition of “HUD” shall be:

“The United States Department of Housing and Urban Development (HUD).”

(20) For purposes of this Ordinance, the definition of a “Section 8 contract” shall be:

“A contract for project-based assistance for a multifamily housing project under Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f).”

(21) For purposes of this Ordinance, the definition of “Fair Market Rent” or “HUD FMR” shall be:

“The fair market rental established under Section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f).”

(22) For purposes of this Ordinance, the definition of an “expiring contract” shall be:

“A project based assistance contract under Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) which, under the terms of the contract, will expire.”

(23) For purposes of this Ordinance, the definition of the “Mark Up To Market option” shall be:

“A contract renewal option, pursuant to Section 524 (a)(4)(A) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 [MAHRA] (Title V of Public Law No. 105-65, October 27, 1997, 111 Stat. 1384ff), as amended by section 531 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000 (Pub. L. No. 106-74, October 20, 1999, 113 Stat. 1109ff), for eligible properties located in strong markets, where a Rent Comparability Study conducted by HUD has determined that comparable market rents are above 100% of the HUD Fair Market Rent, and for which HUD is authorized to approve renewal terms providing rents higher than the HUD FMR. The Mark Up To Market option includes increasing rents from the HUD FMR to the level of an existing use restriction on a property.”

(24) For purposes of this Ordinance, the definition of the “Mark Up To Market option under HUD’s discretionary authority” shall be:

“A contract renewal option, pursuant to Section 524 (a)(4)(C) or (D) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 [MAHRA] (Title V of Public Law No. 105-65, October 27, 1997, 111 Stat. 1384ff), as amended by section 531 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000 (Pub. L. No. 106-74, October 20, 1999, 113 Stat. 1109ff), providing rents higher than the HUD FMR, based on the exercise of HUD’s discretionary authority, for properties which do not necessarily meet the usual eligibility criteria, but do meet a special set of statutory criteria, in that a vulnerable population is affected; there is a low vacancy rate in the area, which would make tenant based assistance difficult to use, or a lack of comparable housing; or the project is a high priority for the local community, as demonstrated by a contribution of State or local funds to the property.

(25) For purposes of this Ordinance, the definition of “Section 8 contract renewal under the Mark Up To Market option” shall be:

“Renewal of a Section 8 contract for an additional 5 years under the Mark Up To Market option, after a determination of eligibility by HUD pursuant to its authority under Section 524(a)(4)(A), (C), or (D) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 [MAHRA] (Title V of Public Law No. 105-65, October 27, 1997, 111 Stat. 1384ff), as amended by section 531 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000 (Pub. L. No. 106-74, October 20, 1999, 113 Stat. 1109ff).”

~~(19)~~ (26) For the purposes of the Class C provisions of this Ordinance, the definition of "Site" shall be:

"The real estate which is remediated and developed for industrial or commercial use. The site must be identified by permanent index number, and must be delineated by an accurate legal description if it comprises less than the whole of any parcel at the time of application."

~~(20)~~ (27) For the purposes of this Ordinance, the definition of "Site Remediation Program" or "Program" shall be:

"Remediation of the site as appropriate for the planned industrial or commercial use, according to a Remedial Action Plan approved by the Illinois Environmental Protection Agency (IEPA), pursuant to its Site Remediation Program, under the authority of Title XVII of the Illinois Environmental Protection Act (415 ILCS 5/58, et seq.).

~~(21)~~ (28) For the purposes of this Ordinance, the definition of "Remedial Action Plan" shall be:

"A plan addressing remediation of the entire site, approved by the IEPA pursuant to its Site Remediation Program. The plan must include, as applicable: an executive summary; remediation objectives appropriate for the described planned industrial or commercial use; remedial technologies selected; confirmation sampling plan; applicable preventive, engineering, and institutional controls and monitoring procedures; cost estimates and timetable."

~~(22)~~ (29) For the purposes of this Ordinance, the definition of "No Further Remediation Letter" shall be:

"A letter from the IEPA, addressing the entire site, approving or approving with conditions a Remedial Action Completion report."

~~(23)~~ (30) For the purpose of this Ordinance, the definition of "Certified Local Government" shall be:

"A unit of local government fulfilling the requirements of the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470a [the 'Act'] that has been certified by the Illinois State Historic Preservation Officer pursuant to the Act."

~~(24)~~ (31) For purposes of this Ordinance, the definition of "Preservation Commission" shall be:

"A commission or similar body established by a Certified Local Government pursuant to the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470a [the 'Act'], generally for the purpose of identifying, preserving, protecting, recommending for designation and encouraging the continued use and the rehabilitation of areas, properties and structures having historical and/or architectural significance."

~~(25)~~ (32) For purposes of this Ordinance, the definition of "State Historic Preservation Officer" shall be:

"The Director of the Illinois Historic Preservation Agency, 20 ILCS 3405/4; 20 ILCS 3410/2."

~~(26)~~ (33) For purposes of this Ordinance, the definition of "Illinois Historic Preservation Agency" shall be:

"The Illinois Historic Preservation Agency, established pursuant to the Historic Preservation Agency Act (20 ILCS 3405/1, et seq.) and the Illinois Historic Preservation Act (20 ILCS 3410/1, et seq.)."

~~(27)~~ (34) For the purposes of this Ordinance, the definition of "Landmark" shall be:

"A building which is specifically designated as a historic or Landmark structure pursuant to a local ordinance, approved by a Certified Local Government, pursuant to its criteria, which have been certified by the Illinois Historic Preservation Agency."

The definition of "Landmark" does not include a facade or other architectural element which has been preserved and designated as a historic structure, if the remainder of the building has been demolished and replaced.

~~(28)~~ (35) For the purposes of the Class L provisions of this Ordinance only, the definition of "Substantial Rehabilitation" shall be:

"The extensive renovation or replacement of primary building systems of the Landmark and/or the significant improvement of the condition of the Landmark, as further prescribed by rule of the Assessor; which meets or exceeds the Standards of the United States Department of the Interior for Rehabilitation, Preservation, Restoration, and Reconstruction of historic properties; and which has been completed in accordance with plans approved by the Certified Local Government within which the Landmark is located."

(36) For purposes of this Ordinance, the definition of “Contributing Building” shall be:

“A building which is a historic structure within a specifically designated historic or landmark district pursuant to a local ordinance, approved by a Certified Local Government, which has been certified by the Illinois Historic Preservation Agency, and which meets the following criteria:

A) the building was constructed within or present during the period of historical significance of the district; and

B) the building relates to the significant features, qualities and/or themes that give the district its historic, cultural and/or architectural significance; and

C) the building substantially retains its design, materials and appearance from the period of historical significance of the district; or if substantially altered, the changes are reversible such that, through the Substantial Rehabilitation of the building, the building will be returned to a state that substantially retains its design, materials and appearance from the period of historical significance of the district.

(37) For purposes of the Class L provisions of this Ordinance, the definition of “Period of Historical Significance” shall be

“The period of development history (represented by the buildings in the district) for which the district is significant.”

~~(29)~~ (38) For the purposes of this Ordinance, the definition of “South Suburban Tax Reactivation Pilot Program” shall be:

“A pilot project in the townships of Bloom, Bremen, Calumet, Rich and Thornton administered by the Cook County Department of Planning and Development, or other authorized entity, wherein marketable properties located in the targeted townships are identified and then purchased through the no cash bid process pursuant to Chapter 35 of the Illinois Compiled Statutes.”

~~(30)~~ (39) For purposes of this Ordinance, the definition of “marketable” shall be:

“Tax delinquent commercial and/or industrial parcels targeted by the South Suburban Tax Reactivation Program which have been identified by the Cook County Department of Planning and Development, or other authorized entity, as a property, that if developed, would bring economic benefit to the affected taxing districts.”

Section 2.

Real estate is divided into the following assessment classes:

Class 1: Unimproved real estate.

Class 2: Real estate

1. used as a farm, or

2. used for residential purposes when improved with a house, an apartment building of not more than six living units, or residential condominium, a residential cooperative or a government-subsidized housing project, if required by statute to be assessed in the lowest assessment category, or

3. improved with a building put to commercial and residential use, of six or less units where the building measures less than 20,000 square feet of above grade space.

Real estate improved with a single room occupancy building, as defined herein, provided (1) that at least one-third of the single room occupancy units are leased at no more than 80 (eighty) per cent of the current "Fair Market Rent Schedule for Existing Housing for Single Room Occupancy units as set by the United States Department of Housing and Urban Development" (hereinafter "FMR schedule"); (2) that no single room occupancy units are leased at rents in excess of 100 (one hundred) per cent of the current FMR schedule; (3) that the overall maximum average rent per unit for all single room occupancy units in the building shall not exceed 90 (ninety) percent of the current FMR schedule; and (4) that the subject property is in substantial compliance with all local building, safety and health codes and requirements. In the event that the owner fails to comply with these requirements, the Class 2 classification shall be revoked.

Class 3: All improved real estate used for residential purposes which is not included in Class 2 or in Class 9, including a single room occupancy building, as defined herein.

Class 4: Real estate owned and used by a not-for-profit corporation in furtherance of the purposes set forth in its charter unless used for residential purposes. If such real estate is used for residential purposes, it shall be classified in the appropriate residential class.

Class 5a: All real estate not included in Class 1, Class 2, Class 3, Class 4, Class 5b, Class 6b, Class C, Class 7a, Class 7b, Class 8, Class 9, Class S or Class L of this section.

Class 5b: All real estate used for industrial purposes as defined herein and not included in any other class.

Class 6b: Real estate used primarily for industrial purposes, as defined herein, consisting of all newly constructed buildings or other structures, including the land upon which they are situated; or abandoned property, as defined herein, including the land upon which such property is situated; or all buildings and other structures which are substantially rehabilitated to the extent such rehabilitation has added to their value, including qualified land related to the rehabilitation. Land qualifies when the rehabilitation adds vertical or horizontal square footage to the improvements. The amount of land eligible for the incentive shall be in such proportion as the square footage added by the rehabilitation bears to the total square footage of the improvements on the parcel.

An applicant must obtain from the municipality in which the real estate is located or the Board of Commissioners of Cook County if the real estate is located in an unincorporated area, an ordinance or resolution expressly stating that the municipality or County Board, as the case may be, has determined that the incentive provided by Class 6b is necessary for development to occur on that specific real estate and that the municipality or County Board, as the case may be, supports and consents to the Class 6b application to the Assessor. A certified copy of the ordinance or resolution need not be filed at the time of filing the Class 6b eligibility application with the Assessor, but must be filed with the Assessor no later than the date an assessment appeal is filed to request the class change to Class 6b. If the resolution is not filed at the time of the eligibility application, the applicant shall instead file, at that time, a letter from the municipality or the County, as the case may be, confirming that a resolution or ordinance supporting the incentive has been requested.

A copy of the resolution or letter confirming that a resolution has been requested, whichever is filed with the application, will be forwarded by the Assessor’s Office to the secretary of the Cook County Board for distribution to the Commissioners from the affected districts.

In the case of abandoned property, if the municipality or the Board of Commissioners, as the case may be, finds that special circumstances justify finding that the property is “abandoned” for purpose of Class 6b, even though it has been vacant and unused for less than 24 months, that finding, along with the specification of the circumstances, shall be included in the resolution or ordinance supporting and consenting to the Class 6b application. Such resolution or ordinance shall be filed with the eligibility application. If the ordinance or resolution is that of a municipality, the approval of the Board of Commissioners of Cook County is required to validate such shortened period of qualifying abandonment, and a resolution to that effect shall be included with the Class 6b eligibility application filed with the Assessor.

This classification shall continue for a period of twelve years from the date such new construction (excluding demolition, if any) or such substantial rehabilitation was completed and initially assessed, or in the case of abandoned property, from the date of substantial reoccupancy. This incentive may be renewed during the last year a property is entitled to a 16% assessment level, if the following requirements are met:

1. the taxpayer notifies the Assessor’s Office of his intent to request renewal of the incentive from the municipality, or the Board of Commissioners of Cook County if the real estate is located in an unincorporated area, and;

2. the municipality in which the real estate is located or the Board of Commissioners of Cook County, if the real estate is located in an unincorporated area, adopts a resolution expressly stating that the municipality or County Board, as the case may be, has determined that the industrial use of the property is necessary and beneficial to the local economy, and supports and consents to renewal of the Class 6b and;

3. a copy of that resolution and a completed renewal application are filed with the Office of the Assessor before the expiration of the 16% assessment level period.

The number of renewal periods is not limited as long as the property continues to apply and qualify for Class 6b. Any property which applies for Class 6b treatment on or before the adoption date of this ordinance change will be eligible for this renewal term at the end of their original incentive period subject to the above requirements.

If, on the effective date of this Ordinance, a property is receiving Class 6b treatment, but the assessment level is higher than 16%, that taxpayer may apply for renewal as outlined above and receive a 16% assessment level for the prescribed period beginning after the filing and approval of the resolution and renewal application. However, if, as of that effective date, the tax payer’s assessment is higher than 16% and the taxpayer is granted a renewal of the incentive for subsequent years, no reduction of the current assessment level based on renewal of the incentive will be granted.

The notice of intent to request renewal which is filed with the Assessor’s Office will be forwarded by the Assessor’s Office to the secretary of the Cook County Board for distribution to Commissioners from the effected districts.

If no renewal is obtained, the incentive shall be phased out over the next two years, pursuant to Section 3 below. After expiration of the last incentive period, the real estate shall revert to the applicable classification under this Ordinance.

Additionally, for newly constructed or substantially rehabilitated buildings and other structures to qualify for Class 6b classification, an eligibility application must be made to the Assessor within one year prior to the commencement of such new construction or substantial rehabilitation. With respect to abandoned property, the eligibility application must be made to the Assessor no later than ninety days after purchase for value if such property is encompassed within the definition herein of abandoned property by reason of purchase for value; or within one year prior to the commencement of substantial rehabilitation if such property is encompassed within that definition by reason of substantial rehabilitation.

The Assessor may adopt rules consistent with the foregoing necessary to ensure proper review of all factors relevant to determine eligibility for the benefits provided under Class 6b.

The Assessor shall provide by rule for the filing of triennial reassessment reports by all Class 6b recipients as to the use of the property and the number of persons employed at the Class 6b site. Such reports shall be verified. Failure to file such reports within the time established by the Assessor's rules shall result in loss of the incentive for the period relating to the non-filing.

Class C: Real estate which is to be used for industrial or commercial purposes, including abandoned property, as defined in Section 1B(11) including the land upon which such property is situated; or vacant land; where such real estate because of contamination has undergone environmental testing and remediation and has received a “No Further Remediation Letter” from the Site Remediation Program, as defined above.

To be eligible for a Class C classification an applicant must have received a “No Further Remediation Letter” confirming achievement of the remediation objectives based on the industrial or commercial use.

The owner of the property is rendered ineligible for the Class C classification by having previously owned or operated the Site, directly or indirectly, or having been a partner or being associated through a family or business relationship with anyone who has owned or operated the Site, which ownership or operation caused the contamination which was remediated pursuant to a Site Remediation. A present owner who can successfully demonstrate that he was not responsible for the contamination may be eligible for Class C classification.

An applicant must obtain from the municipality in which the real estate is located or the Board of Commissioners of Cook County if the real estate is located in an unincorporated area, an ordinance or resolution expressly stating that the municipality or County Board, as the case may be, has determined that the incentive provided by Class C is necessary for development to occur on that specific real estate and that the municipality or County Board, as the case may be, supports and consents to the Class C application to the Assessor. A certified copy of the ordinance or resolution must be filed at the time of application for the Class C classification. A copy of that ordinance or resolution, whichever is submitted, will be forwarded by the Assessor’s Office to the secretary of the Cook County Board of Commissioners for distribution to the Commissioners from the affected districts.

To qualify for the Class C classification, an application for Class C classification must be made within one year of the receipt of the “No Further Remediation Letter”. Where an application for Class C classification encompasses less than all of the contiguous property owned by the applicant upon which remediation has been completed, the one year limitation will be waived for any subsequent separate application for Class C classification for the remainder or for additional portions of the property, provided that such subsequent application is made within 7 years.

Additionally, to qualify for the Class C classification, the estimated remediation costs, including site investigation, testing, oversight, remediation and removal costs, monitoring, and engineering and legal fees associated with the remediation process, must total at least $100,000, or alternatively, must total at least 25% of the market value of the real estate as determined by the Assessor’s property record card in the year prior to the remediation, whichever is less.

The initial Class C classification shall continue for a period of twelve years for both industrial and commercial property. For industrial property, this incentive may be renewed during the last year a property is entitled to a 16% assessment level, if the following requirements are met:

3. a copy of that resolution and a completed renewal application are filed with the Office of the Assessor before the expiration of the 16% assessment level period.

The number of renewal periods is not limited as long as the property continues to apply and qualify for Class C. Any property which applies for Class C treatment on or before the adoption date of this ordinance change will be eligible for this renewal term at the end of their original incentive period subject to the above requirements.

If, on the effective date of this Ordinance, a property is receiving Class C treatment, but the assessment level is higher than 16%, that taxpayer may apply for renewal as outlined above and receive a 16% assessment level for the prescribed period beginning after the filing and approval of the resolution and renewal application. However, if, as of that effective date, the tax payer’s assessment is higher than 16% and the taxpayer is granted a renewal of the incentive for subsequent years, no reduction of the current assessment level based on renewal of the incentive will be granted. If no renewal is obtained, the incentive shall be phased out over the next two years, pursuant to Section 3 below. After such ten-year period expiration of the last incentive period, the real estate shall revert to the applicable classification under this Ordinance.

For commercial properties, once the original twelve year incentive period has expired, the commercial Class C incentive will expire. The incentive classification will not be subject to renewal and the real estate shall revert to the applicable classification under this Ordinance.

The Assessor shall review the application and supporting documentation to determine eligibility for the Class C classification. The Assessor may adopt rules consistent with the foregoing necessary to ensure proper review of all factors relevant to determine initial and continued eligibility for the benefits provided under the Class C classification.

The Assessor shall provide by rule for the filing of triennial reassessment reports by all Class C recipients as to the use of the property and the number of persons employed at the Class C site. Such reports shall be verified. Failure to file such reports within the time established by the Assessor’s rules shall result in loss of the incentive for the period relating to the non-filing.

Class 7a: Real estate used primarily for commercial purposes, as defined herein, comprising a qualified commercial development project, as determined pursuant to Section 4A hereunder, located in an "area in need of commercial development", where total development costs, exclusive of land, do not exceed $2 million, consisting of all newly constructed buildings or other structures including the land upon which they are situated; or abandoned property, as defined herein, including the land upon which such property is situated; or all buildings and other structures which are substantially rehabilitated to the extent such rehabilitation has added to their value, including qualified land related to the rehabilitation. Land qualifies when the rehabilitation adds vertical or horizontal square footage to the improvements. The amount of land eligible for the incentive shall be in such proportion as the square footage added by the rehabilitation bears to the total square footage of the improvements on the parcel.

In the case of abandoned property, if the municipality or the Board of Commissioners, as the case may be, finds that special circumstances justify finding that the property is “abandoned” for purposes of Class 7a even though it has been vacant and unused for less than 24 months, that finding, along with the specification of the circumstances, shall be included in the resolution or ordinance supporting and consenting to the Class 7a application. Such resolution or ordinance must be filed with the eligibility application. If the ordinance or resolution is that of a municipality, the approval of the Board of Commissioners of Cook County is required to validate such shortened period of qualifying abandonment and a resolution to that effect shall be included with the Class 7a eligibility application filed with the Assessor.

This classification shall continue for a period of twelve years from the date such new construction (excluding demolition, if any) or such substantial rehabilitation was completed and initially assessed, or in the case of abandoned property, from the date of substantial reoccupancy. After such twelve year period, the real estate shall revert to the applicable classification under this Ordinance.

The Assessor shall provide by rule for the filing of triennial reassessment reports by all Class 7a recipients as to the use of the property and the number of persons employed at the Class 7a site. Such reports shall be verified. Failure to file such reports within the time established by the Assessor's rules shall result in loss of the incentive for the period relating to the non-filing.

Class 7b: Real estate used primarily for commercial purposes, as defined herein, comprising a qualified commercial development project, as determined pursuant to Section 4A hereunder, located in an "area in need of commercial development", where total development costs, exclusive of land, exceed $2 million, consisting of all newly constructed buildings or other structures, including the land upon which they are situated; or abandoned property, as defined herein, including the land upon which such property is situated; or all buildings and other structures which are substantially rehabilitated to the extent such rehabilitation has added to their value, including qualified land related to the rehabilitation. Land qualifies when the rehabilitation adds vertical or horizontal square footage to the improvements. The amount of land eligible for the incentive shall be in such proportion as the square footage added by the rehabilitation bears to the total square footage of the improvements on the parcel.

In the case of abandoned property, if the municipality or the Board of Commissioners, as the case may be, finds that special circumstances justify finding that the property is “abandoned” for purposes of Class 7b even though it has been vacant and unused for less than 24 months, that finding, along with the specification of the circumstances, shall be included in the resolution or ordinance supporting and consenting to the Class 7b application. Such resolution or ordinance must be filed with the eligibility application. If the ordinance or resolution is that of a municipality, the approval of the Board of Commissioners of Cook County is required to validate such shortened period of qualifying abandonment and a resolution to that effect shall be included with the Class 7b eligibility application filed with the Assessor.

The Assessor shall provide by rule for the filing of triennial reassessment reports by all Class 7b recipients as to the use of the property and the number of persons employed at the Class 7b site. Such reports shall be verified. Failure to file such reports within the time established by the Assessor's rules shall result in loss of the incentive for the period relating to the non-filing.

Class 8: Real estate used primarily for industrial and commercial purposes, consisting of all newly constructed buildings or other structures, including the land upon which they are situated; or abandoned property, as defined herein, including the land upon which such property is situated; or all buildings and other structures which are substantially rehabilitated to the extent such rehabilitation has added to their value, including qualified land related to the rehabilitation. Land qualifies when the rehabilitation adds vertical or horizontal square footage to the improvements. The amount of land eligible for the incentive shall be in such proportion as the square footage added by the rehabilitation bears to the total square footage of the improvements on the parcel.

Such real estate must be located in:

(1) an area which has been certified as in need of substantial revitalization in accordance with the provisions of Section 4B herein, or

(2) an Enterprise Community as proposed and approved by the Cook County Board of Commissioners on June 22, 1994 or the Chicago City Council on May 18, 1994 and the municipality in which such real estate is located or, if in an unincorporated area, the County must by lawful resolution determine that such real estate is consistent with an overall plan for the rehabilitation of the area, or

(3) one of the townships targeted by the South Suburban Tax Reactivation Program.

In the case of abandoned property, if the municipality or the Board of Commissioners, as the case may be, finds that special circumstances justify finding that the property is “abandoned” for purpose of Class 8, even though it has been vacant and unused for less than 24 months, that finding, along with the specification of the circumstances, shall be included in the resolution or ordinance supporting and consenting to the Class 8 application. Such resolution or ordinance shall be filed with the eligibility application. If the ordinance or resolution is that of a municipality, the approval of the Board of Commissioners of Cook County is required to validate such shortened period of qualifying abandonment, and a resolution to that effect shall be included with the Class 8 eligibility application filed with the Assessor.

A copy of any resolution received will be forwarded by the Assessor’s Office to the Secretary of the Cook County Board of Commissioners for distribution to the Commissioners from the affected districts.

For industrial properties this classification shall continue for a period of twelve years from the date of new construction (excluding demolition, if any) or substantial rehabilitation was completed and initially assessed, or in the case of abandoned property, from the date of substantial reoccupancy. During the tenth year, an application may be filed with the Assessor’s Office for renewal of the incentive for an additional ten year period. This incentive may be renewed during the last year a property is entitled to a 16% assessment level, if the following requirements are met:

3. a copy of that resolution and a completed renewal application are filed with the Office of the Assessor before the expiration of the 16% assessment level period.

A copy of the request for renewal of the incentive will be forwarded by the Assessor’s Office to the secretary of the Cook County Board for distribution to the Commissioners from the affected districts. If, on the effective date of this Ordinance, a property is receiving Class 8 treatment, but the assessment level is higher than 16%, that taxpayer may apply for renewal as outlined above and receive a 16% assessment level for the prescribed period beginning after the filing and approval of the resolution and renewal application. However, on that effective date the tax payer’s assessment is higher than 16% and the taxpayer is granted a renewal of the incentive for subsequent years, no reduction of the current assessment level based on renewal of the incentive will be granted.

Any property which has applied for Class 8 treatment at the time this ordinance is adopted will be eligible for renewal based on the foregoing requirements. The number of renewal periods is not limited as long as the property properly applies for and qualifies for Class 8. If no renewal is obtained, the incentive shall be phased out over the next two years, pursuant to Section 3 below. After expiration of the last incentive period the real estate shall revert to the applicable classification under this Ordinance.

In the case of commercial properties, this classification shall continue for a period of twelve years from the date such new construction (excluding demolition, if any) or substantial rehabilitation was completed and initially assessed, or in the case of abandoned property, for the date of substantial reoccupancy. After such time the real estate shall revert to the applicable classification under this ordinance.

The Assessor may adopt rules consistent with the foregoing necessary to insure proper review of the application, supporting data and all other pertinent factors.

The certification of an area as in need of substantial revitalization shall expire five years from the date such certification is granted. The Assessor shall notify the applicant of the date of expiration of certification one year before the date of the expiration of the certification. Such certification, pursuant to the same criteria, may be extended for one additional five-year period subject to reapplication by the appropriate local governing body within the period from one year to six months prior to the expiration of the initial five-year period.

The Assessor shall provide by rule for the filing of triennial reassessment reports by all Class 8 recipients as to the use of the property and the number of persons employed at the Class 8 site. Such reports shall be verified. Failure to file such reports within the time established by the Assessor's rules shall result in loss of the incentive for the period covered by the non-filing.

Class 9: All real estate otherwise entitled to Class 3 classification under this Ordinance provided that such real estate, consisting of land and existing buildings and structures, (1) is multifamily residential real estate, as defined herein, (2) either has undergone major rehabilitation, as defined herein, or is new construction, or both, (3) has at least 35% of the dwelling units leased at rents affordable to low-or moderate-income persons or households, as defined herein, and (4) is in substantial compliance with all applicable local building, safety and health requirements and codes.

To qualify for the Class 9 classification, the applicant must:

(1) file an eligibility application with the Assessor prior to commencement of rehabilitation and/or of new construction;

(2) either undertake and complete a major rehabilitation of the subject property, or undertake and complete construction of a new building;

(3) maintain the subject property, including any new construction, in substantial compliance with all local building, safety and health codes and requirements for the duration of the Class 9 classification period;

(4) lease, for the duration of the Class 9 classification period, at least 35% of the dwelling units of the subject property, including any new construction, to tenants at rents which will not exceed rents affordable to low- and moderate-income persons or households;