For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED DWELLING. A dwelling unit, building, structure, property or part thereof that has not been actively used for its intended, designed or permitted purpose for a period of 12 consecutive months, or for a cumulative period of 18 months during any three-year period.
ABANDONED USE. A non-conforming use within a dwelling unit, building, structure, property or part thereof, which has been discontinued for a period of 12 consecutive months, or for a minimum of 18 months during any three-year period.
APARTMENT. A unit within an apartment building.
APARTMENT BUILDING. A residential building containing three or more dwelling units. An APARTMENT BUILDING may also be classified as a multi-family dwelling.
APPROVED. Having received approval of the city’s Building and Housing Department.
BEDROOM. A room within a dwelling unit capable of being used for sleeping purposes, having a closet and an openable window and meets the minimum square footage requirements as described in § 5-8-4-3(3b) as provided in the International Property Maintenance Code (2006 or as adopted edition).
CRIME-FREE RENTAL HOUSING PROGRAM. A system of rules used to educate rental housing unit owners, owner’s, mangers and/or agents for the control and record keeping for any municipal violation or criminal activity as defined by local, state or federal law. This includes the environmental design for rental housing units and facilities.
DANGEROUS BUILDINGS, STRUCTURE OR PREMISES. Any building, structure or premises that has become or remains in an unsafe or dilapidated condition so to pose a danger to public health, safety or welfare.
DUPLEX. A single building containing only two dwelling units, side-by-side or one above the other.
DWELLING UNIT. One or more rooms containing individualized cooking, sleeping and sanitary facilities which is designed to be occupied or intended for use by one household.
FAMILY. An individual, or two or more persons related by blood, marriage or adoption, living together as a single household unit; or a group of not more than four persons not related by blood, marriage or adoption, living together as a single household unit.
GRANDFATHERING. Permitted use of a previously existing non-conformity. (See PREVIOUSLY EXISTING NON-CONFORMITY.)
HABITABLE ROOM. Any room meeting the requirements of this chapter for living, sleeping, cooking or dining purposes, but not including bathrooms, pantries, hallways, storage areas, utility rooms or unfinished cellars/basements or attics.
HOT WATER. Water at a temperature of not less than 110°F.
HOUSEHOLD. See FAMILY.
IMMEDIATE FAMILY. Kinship members including:
(1) Mother: a female parent;
(2) Father: a male parent;
(3) Son: a male child of the parent(s);
(4) Daughter: a female child of the parent(s);
(5) Brother: a male child of the same parent(s);
(6) Sister: a female child of the same parent(s);
(7) Grandfather: a parent’s father;
(8) Grandmother: a parent’s mother;
(9) Grandson; a child’s son; and
(10) Granddaughter: a child’s daughter.
IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time.
LANDLORD. The land owner, lessor or sublessor of rental residential property.
LESSEE. See TENANT.
OCCUPANT. A person who lives in a dwelling unit. An OCCUPANT who is not an individual owner is a tenant.
OWNER. The land owner, person, agent, operator, firm or corporation having a legal or equitable interest in the property or recorded in the land records of the city, as holding any interest in title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the personal representative of the estate of such person if ordered to take possession of real property by a court.
OWNER’S AGENT. A person 18 years of age or older who maintains a primary residence (as defined herein) or an office for the purpose of transacting business in the city and is customarily present to perform the duties of managing agent on a full time basis whether the rental unit is occupied or not.
PREVIOUSLY EXISTING NON-CONFORMITY. Occupancy levels or permissible number of units in a dwelling granted prior to the adoption of the city’s Land Development Code, which would be less under that code or subsequent amendments.
PRIMARY RESIDENCE. A dwelling unit maintained and occupied on a routine basis by at least one individual owner more than 50% of the year and can be proven to be that individual owner’s legal residence through tax records or other official documents filed with the State or Federal Government. A residence occupied by its owner 50% or less of the year is classified as a “secondary residence”.
PROPERTY MAINTENANCE CODE. The duly adopted Property Maintenance Code of the city.
REGISTRATION. The process by which owners submit application for a license to operate one or more rental units in the city. All rental units must be licensed and registered to be occupied by tenants. A license and occupancy may be refused or revoked by the city on units not in compliance.
RENTAL RESIDENTIAL PROPERTY. See RESIDENTIAL RENTAL HOUSING.
RENTAL UNIT. An independent dwelling unit not occupied by the owner as a primary or secondary residence. See RESIDENTIAL RENTAL HOUSING definition.
RENTER. A tenant. (See TENANT.)
RESIDENTIAL RENTAL HOUSING.
(1) A dwelling, townhouse, condominium, dwelling unit, rooming unit, building, premises or structure for residential use by a person or persons who is not the legal owner of record.
(2) Units occupied by immediate family, as herein defined, are not considered RESIDENTIAL RENTAL HOUSING.
(3) This chapter is not intended to, and does not, apply to hotels, motels, nursing homes or assisted living facilities.
SECONDARY RESIDENCE. A dwelling unit occupied by an owner less than 50% of the year and occupied by no one else at any time, except for individuals related by blood or marriage when the owner is actually present.
SINGLE-FAMILY RESIDENCE. A building designed to be occupied by a family; single household. See FAMILY.
TENANT. A person not the owner who occupies a dwelling unit with the consent of the owner for monetary or non-monetary consideration.
CITY. The City of Markham, Illinois.
VACANT. A dwelling unit, building, structure, property, or part thereof, that an owner, tenant or other occupant has moved out of a property for a period of 30 days or more.
ZONING ORDINANCE. The City of Markham Zoning Code.
(Ord. 17-O-2162, passed 1-18-2017)