16-4-020 Intent.

   Lake Michigan and the lakefront of the City of Chicago are hereby designated a district having special environmental, recreational, cultural, historical, community and aesthetic interests and values. It is the express legislative intention of this chapter to insure the preservation and protection of that district and of every aspect of its interest and value.

(Prior code §  194B-1)

16-4-030 Purposes.

   This chapter is adopted for the following purpose:

   (a)   To promote and protect the health, safety, comfort, convenience and the general welfare of the people, and to conserve our natural resources;

   (b)   To identify and establish the Lake Michigan and Chicago Lakefront Protection District and divide that district into several zones wherein any and all development or construction, as specified in Sections 16-4-060, 16-4-070 and 16-4-150 hereinafter, shall be specifically restricted and regulated;

   (c)   To maintain and improve the purity and quality of the waters of Lake Michigan;

   (d)   To insure that construction in the lake or modification of the existing shoreline shall not be permitted if such construction or modification would cause environmental or ecological damage to the lake or would diminish water quality; and to insure that the life patterns of fish, migratory birds and other fauna are recognized and supported;

   (e)   To insure that the lakefront parks and the lake itself are devoted only to public purposes and to insure the integrity of and expand the quantity and quality of the lakefront parks;

   (f)   To promote and provide for continuous pedestrian movement along the shoreline;

   (g)   To promote and provide for pedestrian access to the lake and lakefront parks from and through areas adjacent thereto at regular intervals of one-fourth mile and additional places wherever possible, and to protect and enhance visits at these locations and wherever else possible;

   (h)   To promote and provide for improved public transportation access to the lakefront;

   (i)   To insure that no roadway or expressway standards, as hereinafter defined, shall be permitted in the lakefront parks;

   (j)   To insure that development of properties adjacent to the lake or the lakefront parks is so designed as to implement the above-stated purposes; provided, however, that with respect to property located within the private use zone as established by Sections 16-4-060 through 16-4-150 of this chapter, the permitted use, special use, lot area per dwelling unit, and floor area ratio provisions of the Chicago Zoning Ordinance, Title 17 of the Municipal Code of Chicago, shall govern except where such provisions are in substantial conflict with the purposes of this chapter or the Fourteen Basic Policies of the Lakefront Plan of Chicago;

   (k)   To achieve the above-stated purposes, the appropriate public agency should acquire such properties or rights as may be necessary and desirable;

   (l)   To define and limit the powers and duties of the administrative body and officers as provided herein;

   (m)   Nothing continued in the Lake Michigan and Chicago Lakefront Protection Ordinance shall be deemed to be a waiver or 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 which may be otherwise required by law.

(Prior code §  194B-3)

 

Notes

Title 17

The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.

16-4-040 Rules of construction.

   In construing this chapter, the rules and definitions contained in Sections 16-4-040 and 16-4-050 shall be observed and applied, except when the context clearly indicates otherwise.

   (a)   Words used in the present tense shall include the future; the words used in the singular number shall include the plural number, and the plural the singular.

   (b)   The word “shall” is mandatory and not discretionary.

   (c)   The word “may” is permissive.

   (d)   Where the regulations imposed by any provision of this chapter are either more restrictive or less restrictive than comparable regulations imposed by any other provisions of this chapter or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.

   (e)   In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and welfare.

   (f)   This chapter is not intended to abrogate any easement, covenant or any other private agreement; provided that, where the regulations of this chapter are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this chapter shall govern.

   (g)   “Him”, “he” or “his” means and includes both the male and female gender.

(Prior code §  194B-4.1)

16-4-050 Definitions.

   (a)   Accessory Building. “Accessory building” means one which is subordinate to and serves in principal building; and which is subordinate in area, extent or purpose to the principal building; and which contributes to the comfort, convenience or necessity of occupants of the principal building and which is located on the same zoning lot as the principal building.

   (b)   Applicant. “Applicant” means the owner of the subject property or a duly authorized representative.

   (c)   Expressway. “Expressway” means any primary highway constructed as a freeway which has complete control of access and is designed for speeds in excess of 45 miles per hour.

   (d)   Public Agency. “Public agency” means any agency of the United States Government, State of Illinois, any county, township, district, school, authority, municipality, or any official, board, commission or other body politic or corporate or subdivision of the State of Illinois, now or hereafter created, whether herein specifically mentioned or not.

   (e)   Public Open Space. “Public open space” means any publicly owned open area including, but not limited to, parks, playgrounds, beaches, waterways, parkways and streets.

   (f)   Public Way. “Public way” means any sidewalk, street, alley, highway or other public thoroughfare.

   (g)   Use. The use of property is the purpose or activity for which the land, or building thereon, is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner or performance of any activity which is regulated by any other provision of the Municipal Code of Chicago.

   (h)   Zoning Lot. “Zoning lot” means a single tract of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. Therefore, a zoning lot may or may not coincide with a lot of record.

(Prior code §  194B-4.2)

16-4-060 District boundaries.

   The Lake Michigan and Chicago Lakefront Protection District shall be comprised of all of that part of Lake Michigan that lies within the State of Illinois south of the northern limits of the City of Chicago including all harbors, piers, breakwaters and the locks of the Chicago River; all the system of public open space and public ways which comprises the lakefront parks; and all lands contained within the private use zone set forth in the district maps illustrated in Coun. J. 10-24-73, p. 6488, referred to in Section 16-4-080 and on file in the office of the city clerk and made a part hereof.

(Prior code §  194B-5.2)

16-4-070 District zones.

   The Lake Michigan and Chicago Lakefront Protection District shall be divided into three zones:

   (a)   The off-shore zone shall include all surface, subsurface and air rights areas of Lake Michigan to a distance eastward to the east line of the State of Illinois lying in Lake Michigan.

   (b)   The public use zone shall include all public open space and public ways irrespective of configuration which are adjacent to the shoreline of Lake Michigan as set forth in the district maps illustrated in Coun. J. 10-24-73, p. 6488, referred to in Section 16-4-080 and on file in the office of the city clerk.

   (c)   The private use zone shall include all zoning lots contained within the private use zone set forth in the district maps illustrated in Coun. J. 10-24-73, p. 6488, referred to in Section 16-4-080 and on file in the office of the city clerk and made a part hereof.

(Prior code §  194B-5.3)

16-4-080 District maps.

   The location and boundaries of the district and its three zones established by this Lake Michigan and Chicago Lakefront Protection Ordinance are shown upon the following district maps* which are hereby incorporated into this Lake Michigan and Chicago Lakefront Protection Ordinance. The said district maps, together with everything shown thereon and all amendments thereto, shall be as much a part of this Lake Michigan and Chicago Lakefront Protection Ordinance as if fully set forth and described herein.

(Prior code §  194B-9.1)

Editor's note – The district maps referred to in § 16-4-080 are illustrated in Coun. J. 10-24-73, p. 6488, on file for public use in the office of the city clerk.