17-4-0101 Generally. “D” zoning districts are intended solely for application within the downtown area. No “D” zoning may be established outside the downtown area boundaries as described in Sec. 17-1-1500.

   17-4-0102 DC, Downtown Core District.

      17-4-0102-A The DC, Downtown Core district is primarily intended to promote high-intensity office and employment growth within the downtown core.

      17-4-0102-B The DC district regulations recognize and support downtown's role as a center of regional importance and as a primary hub for business, communications, office, government, retail, cultural, educational, visitor accommodations, and entertainment.

      17-4-0102-C The district regulations are intended to accommodate a broad mix of office, commercial, public, recreation, and entertainment uses. The DC district also accommodates mixed-use (residential/nonresidential) and residential development.

      17-4-0102-D The DC district can be combined with the dash 12 or dash 16 bulk and density designations (see Sec. 17-4-0401).

   17-4-0103 DX, Downtown Mixed-Use District.

      17-4-0103-A The DX, Downtown Mixed-Use district is primarily intended to accommodate office, commercial, public, institutional and residential development.

      17-4-0103-B The district promotes vertical mixed-use (residential/nonresidential) projects that contain active ground-floor uses.

      17-4-0103-C The DX district can be combined with the dash 3, dash 5, dash 7, dash 10, dash 12 or dash 16 bulk and density designations (see Sec. 17-4-0401).

   17-4-0104 DR, Downtown Residential District.

      17-4-0104-A The DR, Downtown Residential district is primarily intended to accommodate residential development and small-scale commercial uses on lower floors, with residential units above.

      17-4-0104-B The DR district can be combined with the dash 3, dash 5, dash 7, or dash 10 bulk and density designations (see Sec. 17-4-0401).

   17-4-0105 DS, Downtown Service District.

      17-4-0105-A The DS, Downtown Service district is primarily intended to accommodate commercial and service uses that are essential for the livelihood of businesses and residents of the downtown area and surrounding neighborhoods.

      17-4-0105-B The district regulations allow a mix of small-scale office, commercial services, public uses, transportation and communication services, and industrial uses.

      17-4-0105-C The DS district can be combined with the dash 3 or dash 5 bulk and density designations (see Sec. 17-4-0401).

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44381; Amend Coun. J. 5-18-16, p. 24993, § 4)

   Uses are allowed in the “D” zoning districts in accordance with the Use Table of this section.

   17-4-0201 Use Groups and Categories. Use Groups and Use Categories are described in Sec. 17-17-0100.

   17-4-0202 Permitted Uses. Uses identified with a “P” are permitted by-right in the subject zoning district, subject to compliance with all other applicable standards of this Zoning Ordinance.

   17-4-0203 Special Uses. Uses identified with an “S” may be allowed if reviewed and approved in accordance with the special use procedures of Sec. 17-13-0900, subject to compliance with all other applicable standards of this Zoning Ordinance.

   17-4-0203.5 Planned Developments. Uses identified with a “PD” may be allowed if reviewed and approved in accordance with the planned development procedures of Sec. 17-13-0600. Other uses and development activities may also require review and approval as a planned development based on their size, height or other threshold criteria. (See the mandatory planned development thresholds of Sec. 17-8-0500)

   17-4-0204 Prohibited Uses. Uses identified with a “-” are expressly prohibited. Uses that are not listed in the table are also prohibited.

   17-4-0205 Use Standards. The “Use Standard” column of the following Use Table identifies use-specific standards that apply to some uses. Compliance with such standards is required regardless of whether the use is a Permitted (P) or special use (S).

   17-4-0206 Unlisted Uses. If an application is submitted for a use that is not addressed by the Use Table, the Zoning Administrator is authorized to classify the unlisted use into an existing use category that most closely fits the new or unlisted use, in accordance with 17-17-0101-D. If no similar use determination can be made, the use is prohibited.

   17-4-0207 Use Table and Standards.

 

   17-4-0208 Strip Centers. Strip centers are prohibited in DC, DX and DR districts. Strip centers in the DS district are subject to the standards of Section 17-9-0116.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 9-1-04, p. 30490; Amend Coun. J. 3-9-05, p. 44391; Amend Coun. J. 11-30-05, p. 62719; Amend Coun. J. 9-13-06, p. 84870, § 2; Amend Coun. J. 5-12-10, p. 91343, § 4; Amend Coun. J. 6-30-10, p. 96060, § 4; Amend Coun. J. 11-3-10, p. 104527; Amend Coun. J. 11-3-10, p. 104833, § 2; Amend Coun. J. 6-8-11, p. 1725, § 2; Amend Coun. J. 9-8-11, p. 7541, § 3; Amend Coun. J. 9-8-11, p. 7562, § 1; Amend Coun. J. 5-9-12, p. 27485, § 190; Amend Coun. J. 7-25-12, p. 31627, § 1; Amend Coun. J. 1-17-13, p. 45291, § 1; Amend Coun. J. 1-17-13, p. 45622, § 1; Amend Coun. J. 2-13-13, 47141, § 1; Amend Coun. J. 4-30-14, p. 80394, § 3; Amend Coun. J. 6-25-14, p. 83727, § 12; Amend Coun. J. 7-30-14, p. 86194, §§ 3, 9; Amend Coun. J. 2-10-16, p. 18766, § 11; Amend Coun. J. 5-18-16, p. 25024, § 1; Amend Coun. J. 6-22-16, p. 27712, § 14; Amend Coun. J. 5-24-17, p. 50364, § 2; Amend Coun. J. 3-28-18, p. 74512, § 3; Amend Coun. J. 10-16-19, p. 7854, § 2; Amend Coun. J. 1-15-20, p. 13417, § 2; Amend Coun. J. 9-20-21, p. 36844, § 2; Amend Coun. J. 12-15-21, p. 42922, § 8; Amend Coun. J. 5-25-22, p. 48413, § 8; Amend Coun. J. 7-20-22, p. 50878, § 5; Amend Coun. J. 5-22-24, p. 12069, § 2; Amend Coun. J. 7-17-24, p. 14728, § 2; Amend Coun. J. 10-30-24, p. 19853, § 1; Amend Coun. J. 5-21-25, p. 28575, § 2)

   17-4-0301 Specific Criteria for Transit-Served Locations. In D districts, any new construction within 2,640 feet of a CTA or METRA rail station entrance or exit must satisfy all of the following specific criteria:

      1.   The project complies with the applicable standards of Section 17-10-0102-B;

      2.   The project complies with the standards and regulations of Section 17-4-0504, except paragraph E if the project is not located along a pedestrian street and except paragraph C if the land use is designated in a non-commercial use group, pertaining to pedestrian streets and pedestrian retail streets, even if the project is not located along a pedestrian street or a pedestrian retail street;

      3.   The project complies with the general goals set forth in the current Transit Friendly Development Guide: Station Area Typology, and any other station-specific plans, designs or guidelines adopted by the Chicago Plan Commission;

      4.   Residential building projects shall not have a number of parking spaces in excess of 50% of the Minimum Automobile Parking Ratio for the applicable district listed in Section 17-10-0208 with any fractional result rounded up to the next higher whole number, unless additional parking spaces are approved as an administrative adjustment under the provisions of Section 17-13-1003-EE; and

      5.    The project complies with the Travel Demand Study and Management Plan rules of the Chicago Department of Transportation. The City's Commissioner of Transportation is authorized to issue Travel Demand Study and management Plan rules consistent with this section.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 7-20-22, p. 50878, § 5; Amend Coun. J. 1-18-23, p. 59796, § 5)

   17-4-0401 General. Bulk and density standards in the “D” districts vary according to the bulk and density designation of the district. Bulk and density designations are indicated by the numeral following the dash (–) in the district name, as in “DX-16" (DX dash 16).

   17-4-0402 Lot Area. There are no minimum lot area standards for the “D” districts.

   17-4-0403 Lot Frontage. There are no minimum lot frontage standards for the “D” districts.

   17-4-0404 Lot Area per Unit.

      17-4-0404-A Standards. All development in “D” districts is subject to the following minimum lot area per unit standards. These standards are not to be interpreted as a guarantee that allowed densities can be achieved on every lot. Other factors, such as off-street parking requirements, minimum dwelling unit standards and lot configuration issues may work to limit density more than these standards.

 

 

(See Sec. 17-17-0304 for rules governing the measurement of lot area per unit.)

      17-4-0404-B MLA Reduction for Downtown Floor Area Bonus. Projects that qualify for and are granted floor area bonuses under Sec. 17-4-1000 are eligible to use reduced lot-area-per-unit standards. For each one percent increase in floor area awarded through the floor area bonus provisions of Sec. 17-4-1000, the minimum lot area per unit standard is reduced by one percent. The minimum lot area per unit reduction may not exceed 30 percent, regardless of the floor area bonus granted, except in dash 16 bulk and density designations, where this cap shall not apply.

 

 

      17-4-0404-D Allowed Exceptions.

         1.   In the case of a building permit application for the conversion of an occupied or vacant commercial establishment located below the second floor within a multi-story building into residential dwelling units, the Zoning Administrator is authorized to approve such conversion pursuant to Section 17-13-1003-NN.

         2.   In the case of a building permit application for rehabilitation or reuse of an official Chicago Landmark building or an existing “contributing building” within an official Chicago Landmark district located in a DC-16 or DX-16 District, an applicant may request an exemption from the applicable minimum lot area per unit standards by submitting a written request to the Zoning Administrator in accordance with this section. At least 30 days prior to submitting such request, the applicant shall provide written notice to the alderman of the ward in which the building is located and solicit a recommendation. Such notice shall include, at a minimum: (a) the street address of the existing building; (b) a statement that a density waiver has been requested for the address; (c) the name and mailing address of the applicant; and (d) a request for the alderman’s recommendation. A request for an exemption under this section shall be submitted to the Zoning Administrator and shall include: (a) a description of the proposed development; (b) a copy of the notice sent to the alderman of the ward in which the building is located; and (c) the recommendation of such alderman. If the Zoning Administration finds that the request meets the requirements of this section and the alderman’s recommendation is that the exception should be granted, the Zoning Administrator may grant such exception. All other minimum lot area reductions are allowed only if the project is reviewed and approved in accordance with the Type 1 Zoning Map Amendment procedures of Section 17-13-0302, or the planned development procedures of Section 17-13-0600 (if the project qualifies as a mandatory or elective planned development under Sections 17-8-0500 or 17-8-0600).

   17-4-0405 Floor Area Ratio.

      17-4-0405-A Standards. All development in “D” districts is subject to the following maximum floor area ratio standards:

 

 

(See Sec. 17-17-0305 for rules governing the measurement of floor area ratio.)

      17-4-0405-B Bonus Floor Area. Under the provisions of Sec. 17-4-1000, development in all “D” districts is eligible for floor area bonuses, over and above the stated maximum base floor area ratios of Sec. 17-4-0405-A.

 

 

   17-4-0406 Setbacks.

      17-4-0406-A Front Setbacks.

         1.   DC, DX and DS Districts. No front setback is required in DC, DX or DS districts.

         2.   DR Districts. Buildings and structures in DR districts are subject to the R district front setback standards of Sec. 17-2-0305.

      17-4-0406-B Other setbacks.

         1.   DC, DX and DS Districts. Side setbacks are not required in “DC”, “DX”, or “DS” districts. Rear setbacks are required only for floors containing dwelling units. The minimum rear setback standard is 30 feet for floors containing dwelling units, except that buildings in the DC-12, DX-12, DC-16 and DX-16 are exempt from this rear setback standard.

         2.   DR District. There is no minimum side setback requirement in the DR district. The minimum rear setback for detached houses is 28% of lot depth or 50 feet, whichever is less. (See Sec. 17-17-0307 for rules governing the measurement of rear setbacks.) The minimum rear setback for principal buildings other than detached houses is 30% of lot depth or 50 feet, whichever is less. The required rear setback for principal buildings other than detached houses applies only to those portions of a building that are 18 feet or more above grade.

      17-4-0406-C Pedestrian Streets. Maximum setbacks apply on certain designated pedestrian streets. (See Sec. 17-4-0500)

   17-4-0407 Maximum Building Height. There are no maximum building height limits in the “D” districts. Planned development (PD) review and approval is required for buildings that exceed the building height thresholds stated in Sec. 17-4-0900. (See Sec. 17-17-0311 for rules governing the measurement of building height.)

   17-4-0408 Average Dwelling Unit Size. The gross residential floor area developed on a lot divided by the total number of dwelling units on such lot must equal at least 500 square feet. No existing residential use may be converted to conflict with or further conflict with this standard.

   17-4-0409 Number of Efficiency Units.

      17-4-0409-A Standards. The total number of efficiency units may not exceed the following standards except as specified in Section 17-4-0409-B:

 

 

      17-4-0409-B Allowed Exceptions. 

         1.   The limits on efficiency units do not apply to elderly housing developments, provided that the Zoning Administrator determines that such developments constitute bona fide elderly housing developments.

         2.   The limits on efficiency units do not apply to transit-served developments within 660 feet of a CTA or Metra rail station entrance or exit or a CTA bus line corridor roadway segment listed in Table 17-17-0400-B.

         3.   The limits on efficiency units do not apply to the rehabilitation or reuse of an official Chicago Landmark building or an existing “contributing building” within an official Chicago Landmark district located in a DC-16 or DX-16 District.

   17-4-0410 On-Site Open Space.

      17-4-0410-A Amount and Dimensions. Except as expressly allowed under the townhouse development standards of Sec. 17-2-0500, all development containing dwelling units located in D districts must provide at least 36 square feet of useable on-site open space per dwelling unit. Required open space must have minimum dimension of at least 5 feet on any side if private or 15 feet on any side if provided as common open space.

      17-4-0410-B Additional Standards.

         1.   Required open space must be located on the same lot as the dwelling units it serves.

         2.   Required open space must be outdoors and designed for outdoor living, recreation or landscaping, including areas located on the ground and areas on decks, balconies, porches or roofs.

         3.   The required open space area is not required to be contiguous, but each open space area, whether common or private, must comply with minimum dimensional standards. Common open space areas must be accessible to all residents of the subject development.

         4.   When located at ground level, required open space area must be substantially covered with grass, ground cover, shrubs, plants, trees, or usable outdoor open space features, such as walkways or patios.

         5.   Off-street parking areas, loading facilities, driveways or required vehicular use landscape areas may not be used to satisfy open space requirements. Bollards, curbs, wheel stops or other similar features must be provided to ensure that required open space areas are not used for off-street parking or any other vehicular use.

         6.   Required open space areas may not be occupied by mechanical equipment, dumpsters or service areas.

         7.   All required open space areas must be located and designed to take advantage of sunlight and other climatic advantages of the site.

   17-4-0411 Floor-to-Floor Heights and Floor Area of Ground-floor Space. In all DR, DX and DC districts, any commercial space that is provided on the ground floor of a building must have a minimum floor- to-floor height of 13 feet.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391; Amend Coun. J. 9-13-06, p. 84870, § 2; Amend Coun. J. 9-11-13, p. 60173, §§ 4, 5; Amend Coun. J. 3-18-15, p. 105476, § 5; Amend Coun. J. 9-24-15, p. 7499, §§ 5, 6; Amend Coun. J. 5-18-16, p. 24993, §§ 5, 6; Amend Coun. J. 12-14-16, p. 40360, § 1; Amend Coun. J. 1-23-19, p. 94981, § 2; Amend Coun. J. 4-21-21, p. 29627, § 7; Amend Coun. J. 7-20-22, p. 50878, § 5; Amend Coun. J. 1-18-23, p. 59796, § 6; Amend Coun. J. 5-22-24, p. 12076, § 1; Amend Coun. J. 2-19-25, p. 24606, § 3; Amend Coun. J. 7-16-25, p. 30719, §§ 1, 2)

   17-4-0501 Purpose. The regulations of this section are intended to preserve and enhance the character of pedestrian streets that are widely recognized as Chicago's best examples of pedestrian-oriented shopping districts. The regulations are intended to ensure pedestrian safety and comfort, promote economic vitality and preserve the positive character of downtown's most pedestrian-oriented streets.

   17-4-0502 Description and Criteria for Designation. Pedestrian streets exhibit most or all of the following characteristics:

      17-4-0502-A have a high concentration of existing stores and restaurants;

      17-4-0502-B have a continuous or mostly continuous pattern of buildings that are built abutting or very close to the sidewalk;

      17-4-0502-C have doors and entrances abutting the sidewalk; and

      17-4-0502-D have many storefront windows abutting the sidewalk.

   17-4-0503 Designation and Boundaries.

      17-4-0503-A Pedestrian streets are identified in the text of this Zoning Ordinance and shown on the Official Zoning Atlas.

      17-4-0503-B The “pedestrian street” designation may be established or removed only in accordance with the Zoning Ordinance Text and Zoning Map Amendment procedures of Sec. 17-13-0200 and Sec. 17-13-0300. Both a text and map amendment is required.

      17-4-0503-C The “pedestrian street” designation applies to all zoning lots that abut the right- of-way of a pedestrian street.

      17-4-0503-D The following downtown street segments are classified as pedestrian streets:

 

 

   17-4-0504 Standards.

      17-4-0504-A Applicability. The standards of this section apply to all development on lots that abut the right-of-way of designated pedestrian streets unless otherwise expressly stated.

      17-4-0504-B Building Location.

         1.   The entire building façade that faces a designated pedestrian street must abut the sidewalk or be located within 5 feet of the sidewalk.

         2.   These building location standards do not apply to permitted arcades, public plazas or parks, entries to through-block connections, or recessed building entries.

      17-4-0504-C Transparency.

         1.   A minimum of 60% of the street- facing building façade between 4 feet and 10 feet in height must be comprised of clear, non-reflective windows that allow views of indoor commercial space or product display areas. This standard applies to building façades that face pedestrian streets.

         2.   The bottom of any window or product display window used to satisfy this requirement may not be more than 4.5 feet above the adjacent sidewalk.

         3.   Product display windows used to satisfy these requirements must have a minimum height of 4 feet and be internally lighted.

      17-4-0504-D Doors and Entrances.

         1.   On lots abutting pedestrian streets, buildings must have a primary entrance door facing the pedestrian street. Entrances at building corners facing a pedestrian street may be used to satisfy this requirement.

         2.   Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas or courtyard entrances to a cluster of shops or businesses.

      17-4-0504-E Prohibited Uses. The following uses are expressly prohibited on lots abutting pedestrian streets:

         1.   drive-through facilities;

         2.   vehicle sales and service uses involving any outdoor storage of vehicles or goods;

         3.   gas stations;

         4.   car washes;

         5.   residential storage warehouses; and

         6.   strip centers.

      17-4-0504-F Parking Location. Any off- street parking spaces must be enclosed or located to the rear of the principal building and not be visible from the right-of-way of a pedestrian street.

      17-4-0504-G Driveways and Vehicle Access. Vehicle access to lots located along pedestrian streets must come from an alley. No curb cuts or driveways are allowed from a pedestrian street.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391; Amend Coun. J. 9-13-06, p. 84870, § 2; Amend Coun. J. 9-8-11, p. 7559, § 3; Amend Coun. J. 12-15-21, p. 42684, § 2; Amend Coun. J. 3-15-23, p. 61265, § 1)

   17-4-0601 Purpose. The regulations of this section are intended to preserve and enhance the function of certain streets that serve as primary pedestrian routes linking commuter rail stations with the downtown employment core. The regulations are intended to ensure pedestrian safety and comfort, support transit use and promote economic development by ensuring safe and efficient access to downtown's commercial and employment center.

   17-4-0602 Description and Criteria for Designation. Mobility streets exhibit most or all of the following characteristics:

      17-4-0602-A accommodate very high volumes of pedestrians (averaging 10,000 or more persons per work day); and

      17-4-0602-B serve as important connections from commuter rail stations to downtown businesses and employment.

   17-4-0603 Designation and Boundaries.

      17-4-0603-A Mobility streets are identified in the text of this Zoning Ordinance and shown on the Official Zoning Atlas.

      17-4-0603-B The “mobility street” designation may be established or removed only in accordance with the Zoning Ordinance Text and Zoning Map Amendment procedures of Sec. 17-13-0200 and Sec. 17-13-0300. Both a text and map amendment is required.

      17-4-0603-C The “mobility street” designation applies to all zoning lots that abut the right- of-way of a pedestrian street.

      17-4-0603-D The following downtown street segments are classified as mobility streets:

 

   17-4-0604 Standards. Minimum sidewalk widths of at least 14 feet are necessary to promote safe and efficient pedestrian flows along designated mobility streets. Whenever development occurs on lots abutting a mobility street and the width of the abutting sidewalk is less than 14 feet, the building must be set back to accommodate a sidewalk with a width of at least 14 feet.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391; Amend Coun. J. 9-13-06, p. 84870, § 2*; Amend Coun. J. 7-29-09, p. 68784, § 1; Amend Coun. J. 5-18-16, p. 24993, § 7)

   17-4-0701 Purpose. The regulations of this section are intended to ensure safe and efficient (pedestrian and vehicular) traffic flows on downtown streets. The regulations are also intended to promote economic development by ensuring safe and efficient access to downtown's commercial and employment center.

   17-4-0702 Description and Criteria for Designation. Streets that are subject to the driveway and vehicle access standards of this section:

      17-4-0702-A accommodate very high volumes of pedestrian and/or vehicular traffic; and

      17-4-0702-B serve as important connections to downtown commercial, businesses and employment area.

   17-4-0703 Designation and Boundaries.

      17-4-0703-A Streets that are subject to the driveway and vehicle access standards of this section are identified in the text of this Zoning Ordinance and shown on the Official Zoning Atlas.

      17-4-0703-B The driveway and vehicle access standards of this section may be amended only in accordance with the Zoning Ordinance Text and Zoning Map Amendment procedures of Sec. 17-13-0200 and Sec. 17-13-0300. Both a text and map amendment is required.

      17-4-0703-C Driveway and vehicle access standards apply along the following downtown street segments:

 

   17-4-0704 Standards.

      17-4-0704-A Class 1 Streets. Alleys are intended to serve as the sole means of vehicle access to buildings and uses located along Class 1 streets. New curb cuts and driveway access are prohibited on Class 1 streets. The Zoning Board of Appeals may grant variations only as expressly allowed in Sec. 17-13-1100.

      17-4-0704-B Class 2 Streets. Alleys are intended to serve as the primary means of vehicle access to buildings and uses located along Class 2 streets. New curb cuts and driveway access are permitted on Class 2 streets only when reviewed and approved as an administrative adjustment by the Zoning Administrator. (See Sec. 17-13-1003-S)

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391; Amend Coun. J. 9-13-06, p. 84870, § 2)

      17-4-0801-A Central Area Parking District.

         1.   Approval Procedure. Non-accessory parking is allowed within the Central Area Parking District only if reviewed and approved in accordance with the planned development procedures of Sec. 17-13-0600.

         2.   Boundaries. The boundaries of the Central Area Parking District are as follows: to the north, the south line of East and West Kinzie Street and the south line of East North Water Street; to the east, the east line of North and South Lake Shore Drive; to the south, the south line of East and West Harrison Street; and to the west, the east line of North and South Canal Street.

      17-4-0801-B Outside Central Area Parking District. Non-accessory parking in a “D” district located outside the Central Area Parking District described in 17-4-0801-A, requires review and approval as follows:

         1.   Non-accessory parking lots containing fewer than 250 parking spaces may be allowed only if reviewed and approved in accordance with the special use procedures of Sec. 17-13-0900.

         2.   Non-accessory parking lots containing 250 parking spaces or more may be allowed only if reviewed and approved in accordance with the planned development procedures of Sec. 17-13-0600.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 7-24-13, p. 58315, §§ 1, 2; Amend Coun. J. 12-11-13, p. 71143)

   Mandatory and elective planned development thresholds are established in Sec. 17-8-0500 and Sec. 17-8-0600, respectively.

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

   17-4-1001 Purpose. The floor area bonus provisions of this section are intended to provide the opportunity for downtown area projects to achieve appropriate increases in floor area ratio above the base floor area ratios, while providing a corresponding economic incentive for developers to contribute to the economic growth of qualified investment areas as defined in Sec. 16-14-020, to preserve Chicago landmarks, and to provide public amenities in the downtown area or immediate vicinity that improve the quality of life of City residents, employees, and visitors and are a benefit to the public. This section shall be liberally construed and applied to achieve its purposes.

   17-4-1002 Eligibility Criteria. Residential buildings and nonresidential buildings in all “D” districts are eligible to receive floor area bonuses under this Sec. 17-4-1000.

   17-4-1003 Administration.

      17-4-1003-A Planned Development Review. Floor area bonuses under this Sec. 17-4-1000 may be approved only in accordance with the planned development procedures of Sec. 17-13-0600. The Zoning Administrator must review proposed floor area bonus requests and make a recommendation to the Commissioner of Planning and Development and the Chicago Plan Commission. The Commissioner of Planning and Development and the Chicago Plan Commission shall each in turn make a recommendation to the city council. Floor area bonuses may be approved only if they are consistent with the purposes described in Sec. 17-1-0500, Sec. 17-4-1001, and Sec. 17-8-0100.

         1.   The Zoning Administrator shall, by rule, establish a required form and content for such worksheets.

         2.   Such worksheets must, at a minimum, include the calculations for the amount of bonus floor area requested. In addition, every application for bonus floor area may include a written plan identifying the local improvements to receive financial support from the Local Impact Fund pursuant to Sec. 17-4-1005.

      17-4-1003-C Bonus Formula.

         1.   Floor area bonuses will be based on a financial contribution that reflects the value of land within the surrounding area, based on the following formula:

            Cost of 1 square foot of floor area = 80% x median cost of land per buildable square foot

         2.   The cost of land must be based on sale prices within the most recent 5 years, as provided by the Department of Planning and Development.

         3.   The Commissioner of Planning and Development is responsible for updating estimates of land values at least once every five years.

 

 

      17-4-1003-D Allocation of Bonus Payment.

         1.   Except as provided in paragraphs 2 and 3 below, all funds received for floor area bonuses under this Sec. 17-4-1000 shall be deposited in the following funds in the following percentages:

 

 

         4.   Funds from the Local Impact Fund and the Citywide Adopt-a-Landmark Fund may be combined to finance specific landmark restoration projects in the downtown area, provided such projects satisfy the requirements of Sec. 17-4-1005-C with respect to authorized uses of the Local Impact Fund and Sec. 17-4-1006-C with respect to authorized uses of the Citywide Adopt-a-Landmark Fund.

         5.   Funds from the Neighborhoods Opportunity Fund and the Citywide Adopt-a-Landmark Fund may be combined to finance specific landmark restoration projects in qualified investment areas, as that term is defined in Chapter 16-14, provided such projects satisfy the requirements of Chapter 16-14 with respect to authorized uses of the Neighborhoods Opportunity Fund and Sec. 17-4-1006-C with respect to authorized uses of the Citywide Adopt-a-Landmark Fund.

      17-4-1003-E Minimum and Maximum Floor Area Bonus.

         1.   The minimum floor area bonus for any “D” district is 0.5 FAR.

         2.   Each of the following “D” districts shall have a maximum floor area bonus as follows:

            (a)   DR-3, DX-3, DS-3 = 2.75

            (b)   DR-5, DX-5, DS-5 = 3.1

            (c)   DR-7, DX-7 = 4.5

            (d)   DX-10, DR-10 = 3.8

            (e)   DX-12, DC-12 = 6.4

            (f)   DX-16, DC-16 = No Maximum

   17-4-1004 Neighborhoods Opportunity Bonus.

      17-4-1004-A Percentage Allocated. 80 percent of all funds due for floor area bonuses under this Sec. 17-4-1000 shall be allocated to and deposited in the Neighborhoods Opportunity Fund established pursuant to Chapter 16-14.

      17-4-1004-B Use of Funds. All funds deposited in the Neighborhoods Opportunity Fund shall be used exclusively for the purposes permitted by Chapter 16-14.

   17-4-1005 Local Impact Bonus.

      17-4-1005-A Percentage Allocated. 10 percent of all funds due for floor area bonuses under this Sec. 17-4-1000 shall be allocated to and deposited in the Local Impact Fund established pursuant to Sec. 17-4-1005-B, except as provided in Sec. 17-4-1003-D-2 for direct payments to sister agencies and landmark property owners and Sec. 17-4-1005-E for in-kind improvements.

      17-4-1005-B Local Impact Fund. A separate fund is hereby established and designated the Local Impact Fund into which the funds collected from the local impact portion of the floor area bonuses under this Sec. 17-4-1000 will be deposited. Except as provided in Sec. 17-4-1005-D, the revenues of the Local Impact Fund shall be reserved and utilized exclusively in accordance with Sec. 17-4-1005-C below.

         1.   Off-Site Park and Open Space. Local impact funds may be distributed to the Chicago Park District, the Chicago Department of Transportation or another City department or sister agency, or an applicant providing in-kind improvements in accordance with Sec. 17-4-1005-E, to support the creation or improvement of pocket parks, improvements to the Chicago Riverwalk, or other public park spaces, including planning and design costs.

         3.   Transit Infrastructure Improvements. Local impact funds may be distributed to the Chicago Transit Authority, the Chicago Department of Transportation or another City department or sister agency, or an applicant providing in-kind improvements in accordance with Sec. 17-4-1005-E, to support improvements to transit stations and other public transit infrastructure, including planning and design costs. Qualifying improvements may include, without limitation, new access easements, improvements, remediation and repairs to connecting passageways, mezzanines, concourse areas, tracks, and other public transit structures and facilities.

         5.   Public Buildings. Local impact funds may be distributed to the Public Building Commission of Chicago, the Chicago Public Library or another City department or sister agency, or an applicant providing in-kind improvements in accordance with Sec. 17-4-1005-E, to support the construction of new, or the expansion or rehabilitation of existing, public buildings and facilities, including planning and design costs.

         1.   Any sister agency that receives funds under this Sec. 17-4-1005 (whether from the City as a distribution from the Local Impact Fund, or from the applicant directly pursuant to Sec. 17-4-1003-D-2) must enter into an agreement with the City regarding the manner in which the funds will be used. Any funds that have not been used upon completion of the local improvement project shall be returned to the Local Impact Fund and applied to other eligible local improvement project costs.

   17-4-1006 Citywide Adopt-a-Landmark.

      17-4-1006-A Percentage Allocated. 10 percent of all funds due for floor area bonuses under this Sec. 17-4-1000 shall be allocated to and deposited in the Citywide Adopt-a-Landmark Fund established pursuant to Sec. 17-4-1006-B, except as provided in Sec. 17-4-1003-D-2 for direct payments to landmark property owners.

      17-4-1006-B Citywide Adopt-a-Landmark Fund. A separate fund is hereby established and designated the Citywide Adopt-a-Landmark Fund into which the funds collected from the citywide adopt-a-landmark portion of the floor area bonuses under this Sec. 17-4-1000 will be deposited. The revenues of the Citywide Adopt-a-Landmark Fund shall be reserved and utilized exclusively in accordance with Sec. 17-4-1006-C below.

         1.   Restoration projects must be consistent with landmark guidelines.

         2.   Except as provided in paragraph 5 below, the Commission on Chicago Landmarks must approve the scope of work and associated budget for the restoration project pursuant to its standard review and approval procedures.

         5.   Completed projects under $30,000 are eligible for adoption, provided the Department of Planning and Development has previously approved the scope of work and budget for such projects. The Department shall maintain a list of completed projects that are eligible for reimbursement under this section.

         6.   Funds may be used for administrative, reporting, and monitoring costs and expenses of the Citywide Adopt-a-Landmark Fund, provided such costs and expenses may not exceed 15 percent of the Citywide Adopt-a-Landmark Fund.

   17-4-1007 Prior Bonuses. Floor area bonuses granted under the provisions of Sec. 17-4-1000 in effect immediately before the effective date of this amendatory ordinance of 2016 (“Previous Bonus Provisions”) shall remain in effect and shall be governed by this Sec. 17-4-1007.

      17-4-1007-A Any request to increase the overall bonus floor area above the maximum amount of floor area granted pursuant to the Previous Bonus Provisions shall require planned development review and approval and shall be subject to the terms of this amendatory ordinance of 2016. Floor area bonus payments shall only be due for the amount of floor area bonus in excess of the amount granted pursuant to the Previous Bonus Provisions.

      17-4-1007-B No public benefit or amenity for which a floor area bonus has been granted under the Previous Bonus Provisions may be eliminated or reduced in size without (1) a corresponding reduction in approved floor area, (2) replacement of such eliminated or reduced bonus floor area through new floor area bonus payments pursuant to the terms of this amendatory ordinance of 2016, or (3) a re-allocation of unused bonus floor area only among previously approved and specifically identified bonus categories in a planned development or approved bonus worksheet. The Zoning Administrator is authorized to approve any reduction under clause (1), replacement under clause (2), or re-allocation under clause (3) above as a minor change in accordance with Sec. 17-13-0611 in the case of projects that are subject to planned development review, or through a similar determination in the case of projects that are not subject to planned development review.

   17-4-1008 Existing Development. Existing developments in DC-16 or DX-16 districts, which are nonconforming with respect to the applicable floor area ratio standards, may seek a floor area bonus pursuant to this amendatory ordinance of 2016 to increase the amount of floor area over the established nonconforming floor area. An increase of 5% or less of the floor area in existence as of the effective date of this amendatory ordinance may be approved as an administrative adjustment by the Zoning Administrator in accordance with Sec. 17-13-1003-D. An increase of more than 5% of such existing floor area requires planned development review and approval. Floor area bonus payments shall only be due for the amount of floor area in excess of the established nonconforming floor area.

   17-4-1009 Pending Applications.

      17-4-1009-A Except as provided in Sec. 17-4-1009-B, this amendatory ordinance of 2016 shall apply to all projects seeking approval for bonus floor area on or after its effective date.

      17-4-1009-B The provisions of Sec. 17-4-1000 in effect immediately before the effective date of this amendatory ordinance of 2016 shall apply to any project for which: (1) the city council has passed an ordinance approving the sale of city land for fair market value prior to that effective date; or (2) in the case of projects that are subject to planned development review, an ordinance authorizing the planned development has been introduced to city council prior to that effective date, provided the planned development application must identify specific bonuses, or (3) in the case of projects that are not subject to planned development review, a bonus worksheet, together with fully- dimensioned drawings for the project site, have been submitted in complete form, and the bonus worksheet stamped approved prior to that effective date, provided, however, the applicant must obtain a building permit for the project within one year after the bonus worksheet has been approved. Notwithstanding the foregoing exceptions, an applicant may elect to comply with the provisions of this amendatory ordinance of 2016, in which case the applicant must agree to be governed by the totality of the new provisions.

   17-4-1010 Rules and Regulations. The Commissioner of Planning and Development is authorized to adopt such rules as the commissioner may deem necessary for the proper implementation, administration, and enforcement of this amendatory ordinance, including for the administration of, and payments out of, the Neighborhoods Opportunity Fund, the Local Impact Fund, and the Citywide Adopt-a-Landmark Fund.

(Amend Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-29-06, p. 74330 § 1; Amend Coun. J. 7-26-06, p. 82605, § 1; Amend Coun. J. 7-26-06, p. 82607, § 1; Amend Coun. J. 9-13-06, p. 84870, § 2; Amend Coun. J. 2-7-07, p. 98529, § 1; 2-7-07, p. 98533, § 1; Amend Coun J. 5-14-07, p. 106483, § 3; 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. 11-19-08, p. 47220, Art. VIII, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. IX, § 11; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 6-6-12, p. 28855, § 1; Amend Coun. J. 11-8-12, p. 38872, §§ 244, 245; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 30; Amend Coun. J. 4-30-14, p. 80409, § 1; Amend Coun. J. 12-10-14, p. 100859, § 1; Amend Coun. J. 3-18-15, p. 105476, § 6; Amend Coun. J. 5-18-16, p. 24993, § 8; Amend Coun. J. 7-26-17, p. 53898, § 4; Amend Coun. J. 10-30-24, p. 19855, § 1)

   Within the area bounded by the parcels adjacent to the south side of Wacker Drive to the north, the parcels adjacent to the west side of Franklin Street to the west, the parcels adjacent to the north side of Adams Street to the south, and the parcels adjacent to the east side of Michigan Avenue to the east, any roll-up overhead or sliding security door or gate installed after July 30, 2020 for ground floor retail or commercial uses located in any building must: (i) be located inside of any storefront window; (ii) be clear and non-reflective, allowing views of indoor commercial space or product display areas; and (iii) comply with any transparency requirements, including Sec. 17-4-0504-C or the terms of any planned development ordinance, as applicable.

(Added Coun. J. 7-22-20, p. 19501, § 1)