Midlothian CHAPTER 19 RESIDENTIAL RENTAL HOUSING § 4-19-1

(A) Purpose:


1. Minimum Residential Rental Housing Standards: The purpose of this chapter is to provide minimum standards for the protection of the life, safety, health, welfare, and property of residential rental housing owners and tenants, as well as that of the general public.


2. Maximum Occupant Loads: To prevent the overcrowding of residential rental housing by requiring compliance with minimum space standards per occupant for each dwelling unit.


3. Prevent Slum Areas: To facilitate the enforcement of minimum standards for the maintenance of existing residential rental housing and thus to prevent slums and blight.


4. Maintain Property Values: To preserve the value of land and buildings throughout the village of Midlothian.


5. Crime Free Multihousing Program: To reduce and prevent crimes from occurring within residential rental housing and surrounding neighborhoods.


(B) Crime Prevention: This chapter is intended to promote the reduction in crime with regulations that require the land/building owners to be annually licensed by the village. A residential rental housing license will be issued when application forms are completed with the accurate tenant records as required by the Midlothian police department and/or Midlothian building department. "Crime prevention through environmental design" (CPTED) will also be part of building construction standards.


(C) Definitions:


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 twelve (12) consecutive months, or for a cumulative period of eighteen (18) months during any three (3) year period.


ABANDONED USE: A legal, nonconforming use within a dwelling unit, building, structure, property, or part thereof, that has been discontinued for a period of twelve (12) consecutive months, or for a minimum of eighteen (18) months during any three (3) year period. This does not include a special use pursuant to section 11-2-16 of this code.


APARTMENT: A unit within an apartment building.


APARTMENT BUILDING: A residential building containing two (2) or more dwelling units in which one or more units is leased or rented to a household other than the owner. An apartment building may also be classified as a multi-family dwelling.


APPROVED: Having received approval of the village of Midlothian building department.


BATHROOM: A room meeting the criteria of subsection 4-19-12 (A) of this chapter.


BEDROOM: A room within a dwelling unit capable of being used for sleeping purposes, having a closet and an operable window, and meeting the minimum square footage requirements as provided in chapter 18 of this title.


BUILDING: A structure entirely separated from any other structure by space or by walls in which there are no communicating doors or windows, or similar openings, and having a roof supported by walls or columns and properly supported on a masonry foundation extending down below the frost line, and adapted to permanent or continuous occupancy for resident or business assembly, factory or storage purposes; the term “building” shall be construed as if followed by the words “or part thereof.”


CRIME FREE RENTAL HOUSING PROGRAM: A system of rules used to educate rental housing unit owners, owner's managers and/or agents for the control and recordkeeping 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 (2) dwelling units, side by side or one above the other.


DWELLING: A building, or portion thereof, but not an automobile house trailer, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, townhouse dwellings, and multi-family dwellings, but not including “hotel/motel” or “bed and breakfast establishment”.


DWELLING, ATTACHED: A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.


DWELLING, DETACHED: A dwelling which is entirely surrounded by open space on the same lot.


DWELLING, MULTIPLE-FAMILY: This use includes buildings containing three (3) or more dwelling units that are not designed as townhouses (see definition of Dwelling, Townhouse), where each unit is provided with an individual entrance to the outdoors or to a common hallway, with other dwelling units above and/or below. “Dwelling, multiple-family” may include apartment buildings, condominiums and independent living senior housing, but shall not include “dwelling, townhouse”, as defined herein.


DWELLING, SINGLE-FAMILY: This use includes detached buildings containing only one dwelling unit surrounded by yards. Manufactured homes, mobile homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents, or other forms of temporary or portable housing are not included in this definition.


DWELLING, TOWNHOUSE: This use includes buildings having three (3) or more dwelling units that are arranged side by side, sharing common fire resistive walls without openings, and each occupying an exclusive vertical space without another dwelling unit above or below. Each dwelling unit shall have at least one individual entrance to the outdoors. “Dwelling, townhouse” may include apartments, condominiums and independent living senior housing, but shall not include “dwelling, multiple-family”, as defined herein.


DWELLING UNIT: A single unit containing one or more rooms providing complete, independent living facilities for one household, including permanent provisions for living, sleeping, eating, cooking and sanitation.


FAMILY: An individual, or two (2) or more persons related by blood, marriage or adoption, or members of the same civil union, living together as a single household unit; or a group of not more than four (4) persons not related by blood, marriage or adoption, living together as a single household unit.


GRANDFATHERING: Permitted use of a previously existing nonconformity. (See definition of Previously Existing Nonconformity.)


GUEST: An individual who is present at a tenant's dwelling unit by invitation, consent, permission or assent, but who is not an owner, occupant or tenant of that dwelling unit.


HABITABLE ROOM: Any room meeting the requirements of this code 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 one hundred ten degrees Fahrenheit (110°F).


HOUSEHOLD: See definition of Family.


IMMEDIATE FAMILY: Kinship members including:


Mother or stepmother;


Father or stepfather;


Son or stepson;


Daughter or stepdaughter;


Brother or stepbrother;


Sister or stepsister;


Grandfather or stepgrandfather;


Grandmother or stepgrandmother;


Grandson or stepgrandson;


Granddaughter or stepgranddaughter;


Spouse;


Members of the same civil union.


IMMINENT DANGER: A condition which could cause serious or life threatening injury or death at any time.


INDIVIDUAL: A human being.


KITCHEN: An area or room meeting the criteria of subsection 4-19-12(B), "Kitchen Equipment", of this chapter.


LANDLORD: The landowner, lessor, or sublessor of residential rental property.


LESSEE: See definition of Tenant.


OCCUPANT: A person who lives in a dwelling unit. An occupant who is not an owner is a tenant.


OWNER: The landowner, person, agent, operator, firm or corporation having a legal or equitable interest in 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.


OWNER'S AGENT: A person eighteen (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 village of Midlothian and is customarily present to perform the duties of managing agent on a full time basis whether the rental unit is occupied or not.


PERSON: An individual, partnership, limited liability company, corporation, unincorporated association, trust or other legal entity.


PREVIOUSLY EXISTING NONCONFORMITY: Occupancy levels or permissible number of units in a dwelling granted prior to the adoption of the village zoning ordinance, 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 fifty percent (50%) of the year and can be proven to be that individual owner's legal residence through real estate tax records or other official documents filed with the state or federal government. A residence occupied by its owner fifty percent (50%) or less of the year is classified as a "secondary residence".


PROPERTY MAINTENANCE CODE: The property maintenance code adopted by the village of Midlothian in chapter 18 of this title.


REGISTRATION: The process by which owners submit application for a license to operate one or more rental units in the village. All residential rental housing must be licensed and registered to be occupied by tenants. A license and occupancy may be refused or revoked by the village on units not in compliance.


RENTAL UNIT: A dwelling unit not occupied by the owner as a primary or secondary residence. See definition of Residential Rental Housing.


RENTER: A tenant.


RESIDENTIAL RENTAL HOUSING: A dwelling, townhouse, condominium, single-family residence, dwelling unit, building, premises or structure for residential use by a person or persons who is not the legal owner of record. Units occupied by "immediate family" as herein defined are not considered residential rental housing provided that the legal owner resides in the dwelling, townhouse, condominium, single-family residence, dwelling unit, building, premises or structure for residential use. This chapter is not intended to, and does not apply to, hotels, motels, hotel clubs, motel clubs, rooming houses, nursing homes or assisted living facilities.


SECONDARY RESIDENCE: A dwelling unit occupied by an owner less than fifty percent (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 definition of Family.


TENANT: A person not the owner who occupies a dwelling unit with the consent of the owner for monetary or nonmonetary consideration.


VILLAGE: The village of Midlothian, Illinois.


VILLAGE CODE: The village code of the village of Midlothian, Illinois.


ZONING ORDINANCE: The village of Midlothian zoning ordinance. (Ord. 1761, 8-24-2011; amd. Ord. 2086, 11-10-2021)