Loading...
As used in this Chapter:
"Dwelling unit" has the meaning ascribed to that term in Section 17-17-0248.
"Legal voter" means a person: (1) who is duly registered to vote in the City of Chicago; and (2) whose name appears on a poll list compiled by the Chicago Board of Election Commissioners since the last preceding election, regardless of whether the election was a primary, general or special election; and (3) who, at the relevant time, is a resident of the address in Chicago at which he or she is registered to vote; and (4) whose address, at the relevant time, is located in the precinct where such person seeks to circulate or to sign a petition, within the meaning of Section 4-17-020, for an ordinance establishing that precinct as a restricted residential zone. As used in this definition, the term "relevant time" means at any time that: (i) a notice of intent is filed, pursuant to Section 4-17-030, to initiate the petition process under this Chapter 4-17; or (ii) the petition is circulated for signature in the applicable precinct; or (iii) the petition is signed by registered voters in the applicable precinct.
"Petition" means the Petition described in Section 4-17-020.
"Platform" has the meaning ascribed to that term in Section 4-13-100.
"Precinct" means the smallest constituent territory within the City of Chicago in which electors vote as a unit at the same polling place in any election governed by the Illinois Election Code.
"Primary residence" has the meaning ascribed to that term in Section 4-14-010.
"Provider" has the meaning ascribed to that term in Section 4-13-100.
"Residentially zoned property" means property that bears an RS-1, RS-2, RS-3, RT-3.5, RT-4, RM-5 or RM-4.5 designation pursuant to the Chicago Zoning Ordinance.
"Restricted residential zone" means a precinct within which, in any combination: (1) all new or additional shared housing units or vacation rentals, or both, have been ordained as ineligible for licensing or registration under Chapter 4-14 or Section 4-6-300 of this Code; or (2) all new or additional shared housing units or vacation rentals, or both, that are not their owner's primary residence have been ordained as ineligible for licensing or registration under Chapter 4-14 or Section 4-6-300 of this Code.
"Shared housing unit(s)" has the meaning ascribed to that term in Section 4-14-010.
"Short term residential rental intermediary" has the meaning ascribed to that term in Section 4-13-100.
"Vacation rental(s)" has the meaning ascribed to that term in Section 4-6-300.
(Added Coun. J. 6-22-16, p. 27712, § 11; Amend Coun. J. 11-16-16, p. 37901, Art. VIII, § 6; Amend Coun. J. 9-9-20, p. 20269, § 38; Amend Coun. J. 11-7-22, p. 54948, Art. V, § 4)
The legal voters of any precinct within the City that contains residentially zoned property may petition their local alderman, using a Petition form made available online by the City Clerk, to introduce an ordinance establishing that precinct as a restricted residential zone. Such Petition shall specify whether it seeks an ordinance to prohibit within the precinct, and in what combination: (1) all new or additional shared housing units or vacation rentals, or both; or (2) all new or additional shared housing units or vacation rentals, or both, that are not their owner's primary residence. Upon receiving a Petition containing the signatures of at least 25% of the registered voters of the precinct, and concluding that the Petition is legally sufficient following the posting and review process in Section 4-17-030, the City Clerk shall notify the local alderman of the ward in which the precinct is located. Upon being notified, that alderman, following an assessment of relevant factors within the precinct, including its geography, density and character, the prevalence of residentially zoned property, current shared housing units and vacation rentals in the precinct, and the prevailing viewpoint with regard to the issue raised in the Petition, may introduce an ordinance creating a restricted residential zone in that precinct, in accordance with Section 4-17-040.
(Added Coun. J. 6-22-16, p. 27712, § 11)
(a) A person seeking to initiate the Petition process described in this Chapter shall first submit to the City Clerk notice of intent to do so, on a form made available online by the City Clerk. That notice shall include a description of the potentially affected area and the scope of the restriction sought. The City Clerk shall publicly post the submitted notice online.
(b) To be legally sufficient, a Petition must contain the requisite number of valid signatures and all such signatures must be obtained within 90 days of the date that the City Clerk publicly posts the notice of intent.
(c) Upon receipt, the City Clerk shall post the Petition on the City of Chicago website for a 30-day comment period.
(d) The City Clerk is authorized to take all necessary and appropriate steps to verify the legal sufficiency of a submitted Petition. Following the Petition review and comment period, the City Clerk shall publicly post online the status of the Petition as accepted or rejected, and if rejected, the reason(s) therefor.
(e) If the City Clerk rejects a Petition as legally insufficient, a minimum of twelve months must elapse from the time the City Clerk posts the rejection notice before a new notice of intent for that same precinct may be submitted.
(Added Coun. J. 6-22-16, p. 27712, § 11)
An ordinance introduced pursuant to Section 4-17-020 to establish a restricted residential zone shall:
(a) identify the applicable precinct boundaries as of the date of the Petition; and
(b) state whether the ordinance prohibits, and in what combination, the issuance of (1) all new or additional shared housing units or vacation rentals, or both; or (2) all new or additional shared housing units or vacation rentals, or both, that are not their owner's primary residence.
(c) apply to all such residentially zoned property within that precinct; and
(d) be in effect for four years following the effective date of such ordinance, unless repealed earlier pursuant to Section 4-17-050; and
(e) once in effect, be subject to renewal by ordinance at the expiration of the four year period without the need for another supporting Petition.
(Added Coun. J. 6-22-16, p. 27712, § 11)
(a) If as the result of a ward redistricting, the boundaries of a restricted residential zone are no longer coterminous with the precinct in which it was established, the local alderman may introduce an ordinance to modify an existing restricted residential zone to coincide with the boundaries of the new precinct, without first filing a notice of intent or petition, provided that all of the following conditions are met:
(1) Any area added to and a portion of the existing restricted residential zone are now in the same precinct and comprise the entirety of such precinct following the most recent ward redistricting;
(2) The City Clerk determines that the 25% voter threshold established by the petition required in Section 4-17-020 is retained in the new precinct despite the alterations to the precinct boundaries This determination shall be made, pursuant to a rule duly promulgated by the Clerk;
(3) The ordinance referenced in subsection (a) of this Section is introduced into the City Council within one year of the effective date of the most recent ward redistricting ordinance.
(b) If the City Clerk determines pursuant to paragraph (a)(2) that the 25% threshold has not been maintained, then the previous restricted residential zone will expire upon the conclusion of its current term and shall not be renewed. With regard to the new precinct, a new successful notice of intent and petition will be required to establish that new precinct as a restricted residential zone.
(c) Any precinct amended pursuant to this section shall retain the original effective date of the existing restricted residential zone or the date of the most recent renewal ordinance for the zone, whichever is later, for the purpose of future restricted residential zone renewals.
(Added Coun. J. 4-19-23, p. 62663, § 1)
At any time during the four-year restricted period, the restricted residential zone may be repealed by ordinance, subject to the Petition and ordinance process and timelines set forth in this Chapter applicable to the imposition of that zone. A minimum of twelve months must elapse from the effective date of an ordinance repealing a restricted residential zone before a new notice of intent to create a restricted residential zone for that same precinct may be submitted.
(Added Coun. J. 6-22-16, p. 27712, § 11)
The City Clerk shall publicly post online a list of current restricted residential zones, which shall include the effective date of the pertinent ordinance and a description of the scope of the restriction for each zone.
(Added Coun. J. 6-22-16, p. 27712, § 11)
Loading...