17-14-0101 The administration of this Zoning Ordinance is primarily vested in three offices of the City, as follows:

      17-14-0101-A the Department of Planning and Development; and

      17-14-0101-B the Zoning Board of Appeals; and

      17-14-0101-C the Department of Buildings.

   17-14-0102 This chapter addresses the powers and duties of each of these offices in administering this Zoning Ordinance.

(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)

   17-14-0201 Creation. The Department of Planning and Development is created under Chapter 2-45 of the Municipal Code of Chicago and is under the direction of the Commissioner of Planning and Development. The Commissioner of Planning and Development is authorized to administer Section 17-17-02164. This authority includes the power to promulgate any rules, regulations, and procedures necessary to administer that section.

   17-14-0202 Duties of the Office of Zoning Administrator. The Zoning Administrator is responsible for administering and enforcing the provisions of this Zoning Ordinance. In accordance with such authority, the Zoning Administrator has the following powers and duties:

      17-14-0202-A issuing zoning certifications;

      17-14-0202-B [Reserved];

      17-14-0202-C requesting the Commissioner of Buildings to conduct inspections of buildings, structures, and uses of land to determine compliance with the terms of this Zoning Ordinance;

      17-14-0202-D maintaining permanent and current records related to administration of this Zoning Ordinance, including all maps, amendments, special uses, variations, and appeals;

      17-14-0202-E providing and maintaining a public information bureau relative to all matters arising out of this Zoning Ordinance;

      17-14-0202-F receiving, filing and forwarding to the City Clerk all applications for amendments to this Zoning Ordinance and making investigations relative thereto;

      17-14-0202-G transmitting to the City Council Committee on Zoning, Landmarks and Building Standards recommendations on all amendments;

      17-14-0202-H receiving from the Zoning Board of Appeals copies of all final determinations of the Zoning Board of Appeals on variations, special uses, appeals, and other matters upon which the Zoning Board of Appeals has been required to act;

      17-14-0202-I receiving, considering and deciding all requests for administrative adjustments, as specified in Sec. 17-13-1000;

      17-14-0202-J issuing stop work orders to prohibit any activity in violation of this Zoning Ordinance;

      17-14-0202-K issuing from time to time such reasonable rules and regulations and amendments thereto pertaining to the landscaping and screening regulations contained in Chapter 17-11 as are necessary or appropriate to carry out the purposes of those regulations; (Such rules may not be inconsistent with this Zoning Ordinance and may govern, without limitation, the form and content of permit application documentation, the manner of landscape material and soil installation, the required type and quality of landscape materials, the manner of maintenance and the location and configuration of parking areas and plant material)

      17-14-0202-L allowing waivers in bulk and density standards within any zoning district under the following conditions:

         1.   the parcel of land is presently improved with a nonconforming structure that has been in existence for at least 50 years;

         2.   the waiver does not permit more than a cumulative 10% increase in the bulk and density that has been in existence for 50 or more years; and

         3.   that, in the opinion of the Zoning Administrator, the application complies with all applicable approval criteria for variations, as described in Sec. 17-13-1107.

      17-14-0202-M Notwithstanding any other ordinance or provision of this Municipal Code, the Zoning Administrator is authorized to issue zoning certification for a liquor license for a special club licensed pursuant to Chapter 4-388 , and located in the Wrigley Field Adjacent Area as defined in Section 4-388-010 (b). Additionally, the Zoning Administrator may waive any applicable setback requirement for a building in the Wrigley Field Adjacent Area that existed as of January 1, 1999, if such a waiver is necessary to effectuate the special club license provisions of Chapter 4-388. The Zoning Administrator may waive any bulk and density standards so long as the waiver does not permit more than a cumulative 15% variation from the bulk and density of the parcel that lawfully existed in the Wrigley Field Adjacent Area as of January 1, 1999, if such a waiver is necessary to effectuate the Special Club License Provisions of Chapter 4-388 .

      17-14-0202-N Notwithstanding any other ordinance or provision of the Municipal Code, the Zoning Administrator is authorized to issue a zoning certification for a liquor license for consumption on the premises, in connection with the operation of an established food-serving facility in any building located on land owned by the Chicago Park District if approved by the Chicago Park District Commissioners.

      17-14-0202-O Examining all plans submitted to the Department of Buildings for conformity with the Zoning Ordinance, and granting all zoning approvals in connection with the issuance of permits for the construction of buildings or structures, including, without limitation, landscaping approvals and determination of the amount of any open space impact fees payable under Chapter 16-18 of the Municipal Code.

(Added Coun. J. 5-26-04, p. 25275; Amended Coun. J. 3-1-06, p. 71981, § 4; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; 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. 2-9-11, p. 112461, § 3; Amend Coun. J. 5-9-12, p. 27485, § 196; Amend Coun. J. 11-8-12, p. 38872, §§ 279, 280; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 30; Amend Coun. J. 11-12-14, p. 97375, § 3; Amend Coun. J. 12-15-21, p. 42674, § 12)

   17-14-0301 Creation and Membership.

      17-14-0301-A The Zoning Board of Appeals consists of 5 members and up to 2 alternate members, all appointed by the Mayor, with the consent of the City Council, provided, however that a majority of said members at the time of appointment shall be members of the Western Society of Engineers, the Chicago Real Estate Board, the Illinois Society of Professional Engineers, the Cook County Real Estate Board, the Building Manager’s Association of Chicago, the Building Construction Employer’s Association, or the Chicago Building Trades Council, or shall be an incumbent of the office of Commissioner of Planning and Development, City Architect, Superintendent of Police, or Corporation Counsel, or shall be a City resident who has had outstanding experience in zoning administration.

      17-14-0301-B Zoning Board of Appeals regular and alternate members shall be appointed to terms of five years and shall hold office until their successors are appointed by the Mayor and consented to by the City Council.

      17-14-0301-C One of the regular members of the Zoning Board of Appeals must be designated by the Mayor, with the consent of the City Council, to serve as chairman at the time of his or her appointment. The chairman will hold the office of chairman until a successor is appointed. The chairman may designate an acting chairman to serve as chairman in his or her absence.

      17-14-0301-D The Mayor is authorized to remove any regular or alternate member of the Zoning Board of Appeals for cause, after a public hearing.

      17-14-0301-E Vacancies on the Zoning Board of Appeals must be filled for the unexpired term of the regular or alternate member whose place has become vacant. The salaries of the regular and alternate members of the Zoning Board of Appeals will be determined and fixed by the City Council in the annual appropriation ordinance.

   17-14-0302 Jurisdiction. The Zoning Board of Appeals has the following powers and duties:

      17-14-0302-A to hear and decide appeals from any order, requirement, decision, or determination made by the Zoning Administrator under this Zoning Ordinance;

      17-14-0302-B to hear and pass upon applications for special uses and variations from the terms provided in this Zoning Ordinance in the manner and subject to the standards set out in this Zoning Ordinance; and

      17-14-0302-C to hear and decide all matters referred to it or upon which it is required to pass under this Zoning Ordinance.

   17-14-0303 Meetings and Rules.

      17-14-0303-A All meetings of the Zoning Board of Appeals will be held at the call of the chairman and at such times as the chairman may determine.

      17-14-0303-B All hearings conducted by Zoning Board of Appeals must be open to the public. Any person may appear and testify at a hearing either in person or by duly authorized agent or attorney. The chairman, or in the chairman's absence, the acting chairman, may administer oaths and compel the attendance of witnesses.

      17-14-0303-C The Zoning Board of Appeals must keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and must also keep records of its hearings and other official actions. The record of hearings will not be transcribed by the court reporter unless requested by the Zoning Board of Appeals or any party interested in the hearing. The cost of the transcription must be borne by the person requesting it and in cases filed pursuant to the Administrative Review Act, the plaintiff must pay for the cost of preparing and certifying the record of proceedings, including the cost of the transcript.

      17-14-0303-D A copy of every rule or regulation, every variation and every order, requirement, decision, or determination of the Zoning Board of Appeals must be filed immediately in the Office of the Zoning Administrator and must be a public record.

      17-14-0303-E The Zoning Board of Appeals must adopt its own rules of procedure not in conflict with this Zoning Ordinance and may select or appoint such officers as it deems necessary.

   17-14-0304 Finality of Decisions of the Zoning Board of Appeals. All decisions and findings of the Zoning Board of Appeals, on appeal or upon application for a variation after a hearing, will, in all instances, be the final administrative determination and will be subject to review by a court as by law, may be provided.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 5-25-18, p. 78316, § 2; Amend Coun. J. 10-16-19, p. 7854, § 9; Amend Coun. J. 1-15-20, p. 13417, § 3; Amend Coun. J. 1-27-21, p. 26741, Art. II, § 17; Amend Coun. J. 9-20-21, p. 36844, § 7; Amend Coun. J. 10-9-24, p. 18821, § 1)

(Added Coun. J. 11-17-10, p. 106597, Art. IX, § 11)