Zoning variances in Chicago

01Overview

Five routes to relief

02Administrative adjustments

Administrative adjustments

Adjustments are meant to let development match the established character of a block, help reuse older buildings, and give new construction limited flexibility for unusual conditions §17-13-1001. The Zoning Administrator approves one only if it is consistent with the ordinance’s purpose, removes an unnecessary inconvenience with no appreciable harm to neighbors, and mitigates any adverse impact §17-13-1007-B.

03Variations

Variations: Chicago’s zoning variance

The Zoning Board of Appeals hears variations after written, published and posted notice §17-13-1103, and its decision is final; three members must concur §17-13-1104. It may attach conditions §17-13-1105, and an approval lapses after 12 months unless a complete permit application is filed and pursued §17-13-1106.

The hardship test

The board may approve a variation only on findings that strict compliance would create practical difficulties or particular hardships, and that the variation is consistent with the ordinance’s purpose §17-13-1107-A. To find hardship it must see evidence of all three:

1. the property cannot yield a reasonable return if used only as the ordinance allows;
2. the difficulty comes from unique circumstances, not ones shared by similar property; and
3. the variation will not alter the essential character of the neighborhood §17-13-1107-B.

It also weighs whether the hardship stems from the site’s shape or topography, whether the request is driven only by a wish to make more money, whether the owner created the problem, and the effect on light, air, traffic, fire safety and property values §17-13-1107-C.

04Special uses

Special uses

A special use is about what a property does, not how big it is. The ZBA must find that the use complies with the ordinance, serves the public convenience without significant harm to the neighborhood, and is compatible with its surroundings in site planning, scale and design, and in operating characteristics like hours, lighting and noise §17-13-0905-A. In B1, B3, C1 and C2 districts, for example, a ground-floor residential conversion unit is a special use where less than 40% of the street frontage is commercial — see coach houses and conversion units.

05Rezoning & PDs

Rezonings and planned developments

Zoning map amendments

A rezoning is legislative: the Council weighs consistency with adopted plans, changes in the area, compatibility of use, density and scale, and more §17-13-0308. Applications come in two types:

• Type 1 must include a zoning and development analysis (FAR, density, parking, setbacks, height) and plans §17-13-0303-C. It is required when, among other cases, the new district allows at least twice the FAR — RT-4 (1.2) to a dash-3 district (3.0), for instance §17-13-0302-A. Type 1 is also the route to the transit-served height and density increases in dash-3 districts §17-3-0408-B.
• Type 2 is everything else §17-13-0302-B.

The Council acts by simple majority, unless owners of 20% of the land, or of land along 20% of its perimeter, file a valid written protest — then it takes two-thirds of all aldermen §17-13-0307. An application not acted on within 180 days is considered denied §17-13-0309.

Planned developments

Mandatory above thresholds for tall buildings (110 ft in RM-6, 140 ft in RM-6.5, 75 or 80 ft in dash-5, higher downtown §17-8-0512), large residential projects (3 acres of detached houses, or unit counts such as 50 multi-unit homes in RM-5 §17-8-0513), and large commercial projects §17-8-0510. The Plan Commission hears the application and recommends; the Committee on Zoning holds its own hearing; the Council decides by simple majority §17-13-0605 §17-13-0606 §17-13-0607.

For the numbers behind these thresholds, see building height, density and floor area ratio.

06Questions

Common questions

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