This comprehensive amendment is officially known, cited and referred to as the “Chicago Zoning Ordinance”. It is referred to throughout this document as the “Zoning Ordinance”.

(Added Coun. J. 5-26-04, p. 25275)

   Except for Chapter 17-4 (Downtown Districts), the provisions of this Zoning Ordinance become effective on August 1, 2004. Chapter 17-4 (Downtown Districts) of this Zoning Ordinance becomes effective on November 1, 2004.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 7-21-04, p. 28848)

   This Zoning Ordinance is adopted pursuant to the powers granted and limitations imposed by state law and the city's home rule authority.

(Added Coun. J. 5-26-04, p. 25275)

   The regulations of this Zoning Ordinance apply to all development, public or private, within the corporate limits of the City of Chicago, unless otherwise expressly exempted or provided in this Zoning Ordinance.

(Added Coun. J. 5-26-04, p. 25275)

   This Zoning Ordinance is adopted for the purpose of:

   17-1-0501 promoting the public health, safety and general welfare;

   17-1-0502 preserving the overall quality of life for residents and visitors;

   17-1-0503 protecting the character of established residential neighborhoods;

   17-1-0504 maintaining economically vibrant as well as attractive business and commercial areas;

   17-1-0505 retaining and expanding the city's industrial base;

   17-1-0506 implementing the policies and goals contained with officially adopted plans, including the Central Area Plan;

   17-1-0507 promoting pedestrian, bicycle and transit use;

   17-1-0508 maintaining orderly and compatible land use and development patterns;

   17-1-0509 ensuring adequate light, air, privacy, and access to property;

   17-1-0510 encouraging environmentally responsible development practices;

   17-1-0511 promoting rehabilitation and reuse of older buildings;

   17-1-0512 maintaining a range of housing choices and options;

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 12-12-12, p. 44485, § 6)

   17-1-0601 Numbering Style. The first two numerals in a section number correspond to the Title of the Municipal Code in which the section is located – Title 17 in the case of this Zoning Ordinance. Chapter numbers are found between the first and second dashes in the section number. Thus “17-1-XXXX” identifies the first chapter of Title 17. The first two numerals following the second dash identify the section number. The third and fourth numerals following the second dash identify the subsection number. Thus, “17-1-0601" identifies Title 17, Chapter 1, Section 6, subsection 1.

   17-1-0602 Meanings and Intent. The language of the Zoning Ordinance must be read literally. Regulations are no more or less strict than stated. Words listed in Chapter 17-17 have the specific meaning assigned, unless the context expressly indicates another meaning. Words that are not defined in Chapter 17-17 have the meaning given in the latest edition of Merriam Webster's Collegiate Dictionary.

   17-1-0603 Tenses and Usage.

      17-1-0603-A Words used in the singular include the plural. The reverse is also true.

      17-1-0603-B Words used in the present tense include the future tense. The reverse is also true.

      17-1-0603-C The words “must”, “will”, “shall” and “may not” are mandatory.

      17-1-0603-D The word “may” is permissive, and “should” is advisory, not mandatory or required.

      17-1-0603-E When used with numbers, “Up to X”, “Not more than X” and “a maximum of X” all include X.

   17-1-0604 Conjunctions. Unless the context otherwise clearly indicates, conjunctions have the following meanings:

      17-1-0604-A “And” indicates that all connected items or provisions apply; and

      17-1-0604-B “Or” indicates that the connected items or provisions may apply singularly or in combination.

   17-1-0605 Fractions.

      17-1-0605-A Minimum Requirements. When a regulation is expressed in terms of a minimum requirement, any fractional result of 0.5 or more must be rounded up to the next consecutive whole number. For example, if a minimum requirement of one tree for every 30 linear feet is applied to a 50-foot dimension, the resulting fraction of 1.67 is rounded up to 2 required trees.

      17-1-0605-B Maximum Limits. When a regulation is expressed in terms of maximum limits, any fractional result will be rounded down to the next lower whole number. For example, if a maximum limit of one dwelling unit for every 2,500 square feet is applied to a 6,250 square foot lot, the resulting fraction of 2.5 is rounded down to 2 (allowed dwelling units).

   17-1-0606 Headings and Illustrations. Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this Zoning Ordinance. In case of any difference of meaning or implication between the text of this Zoning Ordinance and any heading, drawing, table, figure, or illustration, the text controls.

   17-1-0607 References to Other Regulations. All references in the Zoning Ordinance to other city, county, state, or federal regulations are for informational purposes only, and do not constitute a complete list of such regulations. These references do not imply any responsibility by the city for enforcement of county, state, or federal regulations.

   17-1-0608 Current Versions and Citations. All references to other city, county, state, or federal regulations in the Zoning Ordinance refer to the most current version and citation for those regulations, unless expressly indicated otherwise. When the referenced regulations have been repealed and not replaced by other regulations, Zoning Ordinance requirements for compliance are no longer in effect.

   17-1-0609 Lists and Examples. Unless otherwise expressly indicated, lists of items or examples that use “including”, “such as”, or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.

   17-1-0610 Delegation of Authority. Whenever a provision appears requiring the head of a department or another officer or employee of the city to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this Zoning Ordinance expressly prohibit such a delegation.

   17-1-0611 Public Officials and Agencies. All employees, public officials, bodies, and agencies to which references are made are those of the City of Chicago unless otherwise expressly stated.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391)

   17-1-0701 The city may establish submittal requirements, review procedures and design/development guidelines to supplement this Zoning Ordinance. These documents are referred to collectively as the Development Manual.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. IX, § 11; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 30)

   17-1-0801 Adoption. The location and boundaries of the zoning districts established by this Zoning Ordinance are shown on the Official Zoning Atlas, which – together with all notations, references, data and other information shown on the maps that comprise the atlas – is adopted and incorporated into this Zoning Ordinance.

   17-1-0802 Maintenance. The Official Zoning Atlas is maintained in the office of the Zoning Administrator. In case of any dispute regarding the zoning classification of property subject to this Zoning Ordinance, the Official Zoning Atlas maintained by the Zoning Administrator governs.

   17-1-0803 Location of District Boundaries. The following rules apply in interpreting zoning district boundaries when the location of such boundaries is unclear.

      17-1-0803-A Where zoning district boundary lines are indicated as following streets or alleys or extensions thereof, such boundary lines are to be construed as the center lines of said streets, alleys or extensions.

      17-1-0803-B Where zoning district boundary lines are indicated as adjoining railroads, such boundary lines are to be construed as the boundary lines of the railroad rights-of-way, unless otherwise dimensioned.

      17-1-0803-C Where zoning district boundary lines are indicated as adjoining expressways, such boundary lines are to be construed as the boundary lines of the expressway rights-of-way, unless otherwise dimensioned.

      17-1-0803-D Dimensioned zoning district boundary lines shown on the zoning maps are intended to coincide with property lines. Where a dimensioned boundary line coincides approximately with but not exactly with a property line that existed on the effective date of incorporation of such boundary line into the zoning maps, that boundary line is to be construed as the property line that existed at that location at the time of incorporation of that boundary line into the zoning maps.

      17-1-0803-E Streets or alleys that have been vacated will be construed to fall in the same zoning district as the lots or parcels abutting both sides of the street or alley involved. If the lots or parcels abutting each side of the street or alley were classified in different zoning districts before the street or alley was vacated, the center line of the vacated street or alley will be construed as the boundary line between the respective zoning districts.

   17-1-0804 Zoning of Annexed Lands. Before annexation of any territory into the City of Chicago, a zoning plan for the area to be annexed must be forwarded to the City Council by the Commissioner of Planning and Development.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 11-8-12, p. 38872, § 242; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 30)

   The provisions of this Zoning Ordinance are the minimum requirements deemed necessary to carry out the Zoning Ordinance's stated purpose and intent.

(Added Coun. J. 5-26-04, p. 25275)

   17-1-1001 Conflict with State or Federal Regulations. If the provisions of this Zoning Ordinance are inconsistent with those of the state or federal government, the more restrictive provision will control, to the extent permitted by law. The more restrictive provision is the one that imposes greater restrictions or more stringent controls on development.

   17-1-1002 Conflict with Other City Regulations. If the provisions of this Zoning Ordinance are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the city, the more restrictive provision will control. The more restrictive provision is the one that imposes greater restrictions or more stringent controls on development.

   17-1-1003 Conflict with Private Agreements and Covenants. This Zoning Ordinance is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this Zoning Ordinance impose a greater restriction than imposed by a private agreement, the provisions of this Zoning Ordinance will control. If the provisions of a valid, enforceable private agreement impose a greater restriction than this Zoning Ordinance, the provisions of the private agreement will control. The city does not enforce or maintain a record of private agreements.

   17-1-1004 Negative Use Restrictions Prohibited as Against Public Policy. Notwithstanding Section 17-1-1003, and subject to the following sentence, a private agreement that purports to impose recorded negative use restrictions upon real property in the City so as to prohibit or have the economic or practical effect of prohibiting the use of such real property for grocery store or drug store purposes after a grocery store or drug store owner or operator of a store in excess of 7,500 square feet has terminated operations at the site, when such uses would otherwise be permitted, including as a special use, under the Zoning Ordinance, and which negative use restriction has a term of more than one year, shall be against public policy, shall be void and unenforceable, and shall be subject to the City's remedial and enforcement powers under Section 17-16-0508, Section 17-16-0509, Section 17-16-0511 (with each day such negative use covenant remains of record or otherwise effective constituting a separate and distinct offense) and Section 17-16-0512. The foregoing prohibition shall not apply to an owner or operator of a grocery store or drug store which terminates operations at a site for purposes of relocating such operations into a comparable or larger store located within the city and within one-half mile of the site where operations have terminated, provided such relocation and the commencement of operations at the new site occurs within two years and the negative use restriction imposed does not have a term in excess of three years. The Zoning Administrator shall have discretion to extend the one-half mile limit set forth in the preceding sentence by one-half mile (i.e., to one mile) and to extend the two year commencement of operations period by one year (i.e., to three years) upon written request of an owner or operator and such requesting party's presentation of evidence establishing extenuating circumstances that establish good cause for such extension(s). The requesting party shall also provide notice and a copy of such written evidence to the alderman or aldermen in which the closed store and the new store are located at the same time such submission is made to the Zoning Administrator. The foregoing prohibition in this Section 2 shall apply regardless of whether the private agreement is incorporated in a deed restriction, a restrictive covenant, a lease or memorandum of lease, or any other recorded instrument.

(Added Coun. J. 9-14-05, p. 56223)

   Nothing contained in this Zoning Ordinance is to be construed as a consent, license or permit to use any property or to locate, construct or maintain any building, structure or facility or to carry on any trade, industry, occupation or activity.

(Added Coun. J. 5-26-04, p. 25275)

   The provisions of this Zoning Ordinance are cumulative and pose limitations and requirements in addition to all other applicable laws and ordinances.

(Added Coun. J. 5-26-04, p. 25275)

   No more than one principal detached residential building may be located on a zoning lot, and a principal detached residential building may not be located on a zoning lot that contains any other principal building. This limitation on the number of buildings on a zoning lot does not apply to approved planned developments or to townhouse developments that (1) comply with the townhouse development standards of Sec. 17-2-0500 and (2) contain no more than 9 townhouse units in each building.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 9-13-06, p. 84870, § 2)

   17-1-1401 Applications Submitted Before November 1, 2004. Development applications or re- applications or requests for permit renewal or reinstatement that were submitted in complete form and are pending approval before November 1, 2004 may be reviewed wholly under the terms of the zoning ordinance in effect immediately before this Zoning Ordinance and which this Zoning Ordinance supercedes in its entirety on November 1, 2004 (“Previous Ordinance”), or may be reviewed wholly under the terms of this Zoning Ordinance. Whether such review takes place under the Previous Ordinance or under this Zoning Ordinance shall be at the discretion of the applicant. The applicant's decision as to which ordinance shall apply, once submitted, shall not be subject to change. The forgoing provision regarding the applicant's choice shall not apply to development applications or re-applications or requests for permit renewal or reinstatement that are within the downtown area boundaries described in paragraph 2 of Section 17-1-1406-B of this Zoning Ordinance: such development applications or re-applications or requests for permit renewal or reinstatement shall be governed exclusively by the Previous Ordinance until November 1, 2004, and on that date and thereafter exclusively by this Zoning Ordinance. All development applications or re-applications or requests for permit renewal or reinstatement submitted on or after November1, 2004, will be subject to and reviewed wholly under the terms of this Zoning Ordinance.

   17-1-1402 Permits Issued Before November 1, 2004. Any building, development or structure for which a final building permit was issued before November 1, 2004 may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not fully comply with provisions of this Zoning Ordinance. If building is not commenced and diligently pursued within the time allowed under the original permit or any extension granted, then the building, development or structure must be constructed, completed and occupied only in strict compliance with the standards of this Zoning Ordinance.

   17-1-1403 Violations Continue. Any violation of the Previous Ordinance will continue to be a violation under this Zoning Ordinance and be subject to penalties and enforcement under Chapter 17-16. If the use, development, construction or other activity that was a violation under the Previous Ordinance complies with the express terms of this Zoning Ordinance, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective dates specified in Sec. 17-1-0200. The adoption of this Zoning Ordinance does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the Previous Ordinance that occurred before the effective dates specified in Sec. 17-1-0200.

   17-1-1404 Nonconformities. Any nonconformity under the previous Zoning Ordinance will also be a nonconformity under this Zoning Ordinance, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist. If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this Zoning Ordinance, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity. A situation that did not constitute a nonconforming situation under the previously adopted Zoning Ordinance does not achieve nonconforming status under this Zoning Ordinance merely by repeal of the previous Zoning Ordinance.

   17-1-1405 Existing Uses.

      17-1-1405-A When a use classified as a special use under this Zoning Ordinance exists as a special use or permitted use on the effective dates specified in Sec. 17-1-0200, such use will be considered a legal special use except as otherwise expressly provided in this section.

      17-1-1405-B When any amendment to this Zoning Ordinance changes the classification of a permitted use to a special use, any use legally established before such amendment will be considered a legal special use after the effective date of such amendment.

      17-1-1405-C In the case of an adult use, whenever a city license to do business at such an establishment, including but not limited to a city license for the retail sale of alcoholic liquor under Chapter 4-60 , a public place of amusement license under Chapter 4-156 , or a retail food establishment license under Chapter 4-8 of this Code, is revoked, any existing special use approval becomes null and void. Any subsequent re-establishment of the adult use requires approval as a new special use in accordance with the procedures of Sec. 17-13-0900. In such cases, re- establishment of the adult use will be permitted only in a zoning district in which the adult use is authorized under this Zoning Ordinance.

      17-1-1405-D A lawfully established, existing use that is not allowed as a special use or permitted use in the district in which the use is now located will be considered a nonconforming use and will be subject to all applicable regulations of Chapter 17-15.

   17-1-1406 Zoning District Conversions.

      17-1-1406-A Zoning District Conversions Outside of Downtown. The zoning district classifications in effect before the effective dates specified in Sec. 17-1-0200 are converted as follows, except that within the downtown area described in Sec. 17-1-1406-B2 conversions will follow the rules of Sec. 17-1-1406-B1:

 

      17-1-1406-B Zoning Map Conversions in the Downtown Area.

         1.   Within the downtown area boundaries described in paragraph 2 below, the zoning district classifications in effect before the effective dates specified in Sec. 17-1-0200 will be converted as shown in the following table. Existing zoning classifications that are not shown in the following table or that are not located within the downtown area will be converted as indicated in Sec. 17-1-1406-A.

 

**See Figure 17-1-1406-B

         2.   For the purpose of interpreting the zoning district conversion rules of this section, the downtown area is defined as follows: Division Street on the north; Lake Michigan on the east; the Stevenson Expressway on the south; South State Street; West 18th Street; the South Branch of the Chicago River; West 16th Street; the Dan Ryan Expressway; the Eisenhower Expressway; South Racine Avenue; West Randolph Street; North Green Street; West Lake Street; the Kennedy Expressway; West Kinzie Street; the North Branch of the Chicago River; Chicago Avenue; LaSalle Street; Chestnut Street; and North Dearborn Avenue.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 7-21-04, p. 28850; Amend Coun. J. 7-21-04, p. 28848; Amend Coun. J. 3-9-05, p. 44391; Amend Coun. J. 5-9-12, p. 27485, § 188; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 39)

(Added Coun. J. 5-18-16, p. 24993, § 3; Amend Coun. J. 7-26-17, p. 53898, § 2; Amend Coun. J. 11-21-17, p. 62501, § 2)

   If any provision, clause, sentence, paragraph, section, or part of this Zoning Ordinance, or application thereof to any person, firm, corporation, public agency or circumstances, is, for any reason, adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment will not affect, impair or invalidate the remainder of this Zoning Ordinance and the application of such provision to other persons, firms, corporations, public agencies, or circumstances, but will be confined in its operation to the provision, clause, sentence, paragraph, section, or part thereof directly involved in the controversy that was the subject of the judgment and to the person, firm, corporation, public agency, or circumstances involved. It is the legislative intent of the City Council that this Zoning Ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section or part not been included.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 5-18-16, p. 24993, § 3)