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O-21-50VILLAGE OF DEERFIELD ORDINANCE NO. 0-21-50 AN ORDINANCE AMENDING "THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD, ILLINOIS, 1975," AS AMENDED, REGARDING THE CREATION OF A BUSINESS FACADE REBATE PROGRAM WHEREAS, the Village is a home rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs; and WHEREAS, the Village seeks to enhance the overall tax base of local taxing districts by furthering development and improvement of eligible private building facades and sites in the Village, thereby encouraging private investment in the Village, improving the safety and accessibility of commercial districts, and creating an increased sense of community, improved pedestrian walkability, and improved overall aesthetics in commercial districts; and WHEREAS, in furtherance of these goals, the Village desires to amend Chapter 7 of the Municipal Code of the Village of Deerfield, Illinois, 1975," as amended ("Municipal Code') to establish a Business Facade Rebate Program to provide financial assistance to eligible commercial businesses and owners of commercial properties in the C-1 Village Center District and the C-2 Outlying Commercial District; and WHEREAS, the Village Board has determined that it will serve and be in the best interests of the Village and its residents to amend the Municipal Code pursuant to this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as the findings of the Board of Trustees. SECTION TWO: BUSINESS FA ADE REBATE PROGRAM. Article 17, titled "Business Fagade Rebate Program," is hereby added to Chapter 7, titled "Businesses," of the Municipal Code as set forth in Exhibit A. SECTION THREE: SEVERABILITY. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. SECTION FOUR: PUBLICATION. The Village Clerk is hereby directed to publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois. SECTION FIVE: EFFECTIVE DATE. This Ordinance will be in full force and (00123623.41 Additions are bold and double underlined; s4ue - through- effect from the later of January 1, 2022 and after its passage and approval in the manner provided by law. AYES: Benton, Jester, Metts-Childers, Oppenheim, Seiden NAYS: None ABSTAIN: None ABSENT: Jacoby PASSED: December 20, 2021 APPROVED: December 21, 2021 ORDINANCE NO. 0-21-50 UL-X-�- - Daniel C. Shapiro, Mayor ATTEST: Kent S. Street, Village Clerk {00123623.41 Additions are bold and double underlined; d-^d^tions are, sti^uek through. N EXHIBIT A CHAPTER 7: BUSINESSES Article 17. Business FaVade Rebate Program. Sec. 7-100. Definitions: The following words, terms and phrases, when used in this Article, have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Building has the same meaning as is ascribed to such term in Section 14.02 of the Zoning Ordinance. Business Fagade Rebate Program Coordinator means the Village Manager or their designee. Eligible Improvements mean site improvements and building improvements as defined herein, but only to the extent that such improvements are (a) improvements to the exterior of a Building or the premises surrounding a Building that is at least 15 years old, (b) to be located on a lot within the C-1 Village Center District or C-2 Outlying Commercial District, (c) intended to enhance the appearance of a Building, and (d) not required for the purposes of occupancy, or to satisfy any Village ordinance or regulations. Eligible Improvements include both Site Improvements and Building Improvements. Building Improvement means building facade renovations on elevations readily visible to the public. Building Improvements include, but are not limited to: • Repair or replacement of windows, doors, awnings, signage, masonry, and gutters or downspouts; and • Addition or improvement of external lighting, exterior entryways, and public art. Site Improvement means renovations to the exterior of a Building or the property surrounding that Building, undertaken for the purpose of enhancing the appearance of the Building and not required for the purposes of occupancy, or to satisfy any Village ordinance or regulations. Site Improvements include, but are not limited to: • Addition or improvement of landscaping, site lighting, drainage, trash enclosures, and new patios or outdoor spaces; • Parking lot repaving or restriping; • Repair or replacement of sidewalks; and (00123623.41 3 • Addition or improvement of features designed to make the building accessible pursuant to the Americans with Disabilities Act. The following are, without limitation, specific examples of improvements that are not Eligible Improvements: • New construction (as defined herein); • Roofing or roof repairs; • Interior construction, renovation, and improvements of any kind including, without limitation, interior accessibility improvements; • Routine maintenance; • Subsurface drainage work; • Residential property improvements; and • Temporary fixtures. Grant means a grant approved by the Board of Trustees pursuant to this Chapter for a portion of the cost of an Eligible Improvement. New Construction means any alteration or enlargement of a Building that requires the removal and/or replacement of more than 40 percent of the total linear feet of the existing exterior walls of the Building as measured around the exterior perimeter of the Building. Right -of -Way has the same meaning as is ascribed to such term in Section 19-65 herein. Property Owner means the record owner of a Building in which a business is located. Program means the Business Fagade Rebate Program established by this Chapter. Business Operator means the owner, manager, or official and lawfully authorized representative of a business operating within the Village. Zoning Ordinance means "The Deerfield Zoning Ordinance 1978", as amended. Sec. 7-105. Program Goals and Justification. The Business Fagade Rebate Program is intended to encourage the improvement and revitalization of the visible exterior appearance of existing Buildings in which businesses are located. The Program seeks to encourage private investment in the Village, enhance the overall tax base of local taxing districts by furthering development and improvement of eligible private building facades and sites in the Village, as well as to provide assistance to the independent merchant who may be otherwise unable to afford the improvements. The Program further seeks to improve the safety and accessibility of commercial districts and 100123623.41 create a greater sense of community, improve pedestrian walkability, and improve the overall aesthetics of commercial districts. The Village has determined that the Program should be taken to implement these initiatives. The Program provides limited Grants for Eligible Improvements to existing Buildings occupied by businesses. The goal of the Program is to provide both assistance and incentive to Property Owners and Business Operators to improve the appearance of their property and place of business. Sec. 7-110. Program Established. There is hereby established a Business Fagade Rebate Program, whereby Business Operators and Property Owners of Buildings occupied by businesses may apply to the Village for Grants for Eligible Improvements, pursuant to, and in accordance with, the terms and provisions of this Chapter. Sec. 7-115. Scope of Program. (A) Portion of Improvement Eligible for Grant. The maximum amount of a Grant for any one Building will be 50 percent of approved Building Improvements to a maximum of $50,000.00 per building, and 50 percent of approved Site Improvements to a maximum of $50,000.00 per property. Applications for Grants may include both Building Improvements and Site Improvements for a maximum Grant of $100,000.00 per property. The Village will waive any permit fees related specifically and exclusively to an Eligible Improvement supported by a Grant. (B) Available Funds. Applications for all Grants made pursuant to the Program shall be subject to the monetary limitations established therefor, on an annual basis, by the Board of Trustees as part of the Village's annual budget process. 100123623.41 Sec. 7-120. Eligibility Requirements. (A) Purpose of Eligible Improvement. Each applicant must demonstrate that the requested Eligible Improvement will advance and support the goals of the Program, as set forth in this Chapter. (B) Eligibility of Improvement. A Grant shall only be awarded with respect to an Eligible Improvement that is designed in a manner that complies with all requirements of law, including, without limitation, having all applicable Village zoning and appearance review approvals that may be required. (C) Eligibility of Applicant. No person, other than a Property Owner or a Business Operator, shall have the right to apply for a grant for a Building. (D) Minimum Investment Eligibility. No Applicant may submit an Application under this Program for reimbursement for Eligible Improvements unless the costs incurred for the Eligible Improvements total at least $10,000. Sec. 7-125. Procedural Requirements. (A) Application Process. Application may be made by an eligible Property Owner or a Business Operator to the Economic Development Coordinator for a grant to support an Eligible Improvement pursuant to this Program. An application by a Business Operator must be co -signed by the Property Owner of the Building in which the applicant business is located. Each application shall be on the form that is available from the Economic Development Coordinator. Applications shall be considered on a first -come, first -served basis, to be determined by the date of submission of a complete application. Priority shall be given to projects that exhibit a clear and substantial public benefit as determined by the Board of Trustees. (B) Itemization Required. All applications for a grant filed pursuant to this Chapter shall include, without limitation, not less than two itemized cost estimates or quotations for completion of the Eligible Improvement from not less than two different contractors. (C) Review and Approval of Applications. All complete applications for a grant shall be submitted to, and reviewed by, the Economic Development Coordinator for preliminary review. Upon completion of preliminary review and preliminary approval by the Economic Development Coordinator, the application shall be submitted to the Appearance Review Commission for a Certificate of Approval and recommendation to the Board of Trustees. Upon issuance of a Certificate of Approval and recommendation to the Board of Trustees, the application will be presented to the Board of Trustees for final approval, by resolution duly adopted. (D) No Obligation. The Village shall have no obligation to approve any application for a grant for any Eligible Improvement, and any work commenced by the applicant prior to approval of the application is performed at the sole risk of the applicant. {00123623.4) (Supp. No. 12) Created: 2021-11-04 14:57:06 [EST] Page 1 of 3 (E) Application Deadline. No application for a grant shall be submitted later than the date that is 30 days after completion of the applicable Eligible Improvement(s). (F) Requirements of Program. In order to accept a Grant from the Village, the applicant must agree to abide by the following program requirements: (1) The grantee is solely responsible for all maintenance of the Eligible Improvements installed pursuant to the Program; (2) The grantee shall not apply to the Village for another grant for the same scope of work within five years after the Village's approval of the Grant; (3) In the five years following the installation of an Eligible Improvement installed pursuant to this Program, the grantee shall not alter or remove said Eligible Improvement without the prior written permission of the Village, with the exception of alteration or removal undertaken in furtherance of emergency repairs or as necessary to protect public health, safety and welfare; (4) The grantee shall comply with any use restriction imposed by the Board of Trustees, in its sole discretion, as a condition of approving the Grant; (5) The grantee shall repair any damage to any Right -of -Way that may be caused by or in connection with the installation of the Eligible Improvement; (6) The grantee shall, to the Village's satisfaction, complete all Eligible Improvements within 120 days after the Village's approval of the application; and (7) The grantee shall agree to a reimbursement provision in accordance with Subsection 7.125(I) of this Chapter. (G) Re -application. If an application for a grant is denied by the Board of Trustees for any reason, then another application may be submitted not less than 90 days after the date of such denial. (H) Disbursement. The Village shall disburse to the applicant the proceeds under the Grant upon, but not before: (1) The completion of the Eligible Improvement, provided that the Eligible Improvement is completed within 120 days of the adoption of the Board of Trustees resolution approving the Grant, and the Eligible Improvement has been inspected and approved by the Village; (2) The submission of all cost receipts to the Business Fagade Rebate Program Coordinator; {001236 (Supp. No. 12) Created: 2021-11-04 14:57:06 [EST] Page 2 of 3 (3) The review and approval by the Business Fagade Rebate Program Coordinator of all paid receipts and applicable lien waivers submitted by the Property Owner or the Business Operator; and (4) The Board of Trustees' approval of the disbursement in accordance with its warrant approval procedure. (I) Reimbursement. (1) If the recipient of a rebate sells the property for which a rebate was issued within five years after the Eligible Improvement was completed, then the Property Owner or its successor shall promptly reimburse the Village for the amount of the Grant proceeds that have been disbursed in accordance with the following sliding scale: Term of Grant Expired Percentage of Grant Proceeds to Reimburse Up to 1 ear 100% Between 1 and 2 years 80% Between 2 and 3 years 60% Between 3 and 4 years 40% Between 4 and 5 years 20% (2) When an Application is co -signed by a Business Operator and the Property Owner of the Building in which the business is located, the co -applicants will be held jointly and severally liable under this Section. 23.4 (Supp. No. 12) Created: 2021-11-04 14:57:06 [EST] Page 3 of 3