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17-1-0801 Adoption. The location and boundaries of the zoning districts established by this Zoning Ordinance are shown on the Official Zoning Atlas, which – together with all notations, references, data and other information shown on the maps that comprise the atlas – is adopted and incorporated into this Zoning Ordinance.
17-1-0803-D Dimensioned zoning district boundary lines shown on the zoning maps are intended to coincide with property lines. Where a dimensioned boundary line coincides approximately with but not exactly with a property line that existed on the effective date of incorporation of such boundary line into the zoning maps, that boundary line is to be construed as the property line that existed at that location at the time of incorporation of that boundary line into the zoning maps.
17-1-0803-E Streets or alleys that have been vacated will be construed to fall in the same zoning district as the lots or parcels abutting both sides of the street or alley involved. If the lots or parcels abutting each side of the street or alley were classified in different zoning districts before the street or alley was vacated, the center line of the vacated street or alley will be construed as the boundary line between the respective zoning districts.
(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 11-8-12, p. 38872, § 242; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 30)
17-1-1001 Conflict with State or Federal Regulations. If the provisions of this Zoning Ordinance are inconsistent with those of the state or federal government, the more restrictive provision will control, to the extent permitted by law. The more restrictive provision is the one that imposes greater restrictions or more stringent controls on development.
17-1-1002 Conflict with Other City Regulations. If the provisions of this Zoning Ordinance are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the city, the more restrictive provision will control. The more restrictive provision is the one that imposes greater restrictions or more stringent controls on development.
17-1-1003 Conflict with Private Agreements and Covenants. This Zoning Ordinance is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this Zoning Ordinance impose a greater restriction than imposed by a private agreement, the provisions of this Zoning Ordinance will control. If the provisions of a valid, enforceable private agreement impose a greater restriction than this Zoning Ordinance, the provisions of the private agreement will control. The city does not enforce or maintain a record of private agreements.
17-1-1004 Negative Use Restrictions Prohibited as Against Public Policy. Notwithstanding Section 17-1-1003, and subject to the following sentence, a private agreement that purports to impose recorded negative use restrictions upon real property in the City so as to prohibit or have the economic or practical effect of prohibiting the use of such real property for grocery store or drug store purposes after a grocery store or drug store owner or operator of a store in excess of 7,500 square feet has terminated operations at the site, when such uses would otherwise be permitted, including as a special use, under the Zoning Ordinance, and which negative use restriction has a term of more than one year, shall be against public policy, shall be void and unenforceable, and shall be subject to the City's remedial and enforcement powers under Section 17-16-0508, Section 17-16-0509, Section 17-16-0511 (with each day such negative use covenant remains of record or otherwise effective constituting a separate and distinct offense) and Section 17-16-0512. The foregoing prohibition shall not apply to an owner or operator of a grocery store or drug store which terminates operations at a site for purposes of relocating such operations into a comparable or larger store located within the city and within one-half mile of the site where operations have terminated, provided such relocation and the commencement of operations at the new site occurs within two years and the negative use restriction imposed does not have a term in excess of three years. The Zoning Administrator shall have discretion to extend the one-half mile limit set forth in the preceding sentence by one-half mile (i.e., to one mile) and to extend the two year commencement of operations period by one year (i.e., to three years) upon written request of an owner or operator and such requesting party's presentation of evidence establishing extenuating circumstances that establish good cause for such extension(s). The requesting party shall also provide notice and a copy of such written evidence to the alderman or aldermen in which the closed store and the new store are located at the same time such submission is made to the Zoning Administrator. The foregoing prohibition in this Section 2 shall apply regardless of whether the private agreement is incorporated in a deed restriction, a restrictive covenant, a lease or memorandum of lease, or any other recorded instrument.
(Added Coun. J. 9-14-05, p. 56223)
Nothing contained in this Zoning Ordinance is to be construed as a 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.
(Added Coun. J. 5-26-04, p. 25275)
No more than one principal detached residential building may be located on a zoning lot, and a principal detached residential building may not be located on a zoning lot that contains any other principal building. This limitation on the number of buildings on a zoning lot does not apply to approved planned developments or to townhouse developments that (1) comply with the townhouse development standards of Sec. 17-2-0500 and (2) contain no more than 9 townhouse units in each building.
(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 9-13-06, p. 84870, § 2)
17-1-1401 Applications Submitted Before November 1, 2004. Development applications or re- applications or requests for permit renewal or reinstatement that were submitted in complete form and are pending approval before November 1, 2004 may be reviewed wholly under the terms of the zoning ordinance in effect immediately before this Zoning Ordinance and which this Zoning Ordinance supercedes in its entirety on November 1, 2004 ("Previous Ordinance"), or may be reviewed wholly under the terms of this Zoning Ordinance. Whether such review takes place under the Previous Ordinance or under this Zoning Ordinance shall be at the discretion of the applicant. The applicant's decision as to which ordinance shall apply, once submitted, shall not be subject to change. The forgoing provision regarding the applicant's choice shall not apply to development applications or re-applications or requests for permit renewal or reinstatement that are within the downtown area boundaries described in paragraph 2 of Section 17-1-1406-B of this Zoning Ordinance: such development applications or re-applications or requests for permit renewal or reinstatement shall be governed exclusively by the Previous Ordinance until November 1, 2004, and on that date and thereafter exclusively by this Zoning Ordinance. All development applications or re-applications or requests for permit renewal or reinstatement submitted on or after November1, 2004, will be subject to and reviewed wholly under the terms of this Zoning Ordinance.
17-1-1402 Permits Issued Before November 1, 2004. Any building, development or structure for which a final building permit was issued before November 1, 2004 may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not fully comply with provisions of this Zoning Ordinance. If building is not commenced and diligently pursued within the time allowed under the original permit or any extension granted, then the building, development or structure must be constructed, completed and occupied only in strict compliance with the standards of this Zoning Ordinance.
17-1-1403 Violations Continue. Any violation of the Previous Ordinance will continue to be a violation under this Zoning Ordinance and be subject to penalties and enforcement under Chapter 17-16. If the use, development, construction or other activity that was a violation under the Previous Ordinance complies with the express terms of this Zoning Ordinance, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective dates specified in Sec. 17-1-0200. The adoption of this Zoning Ordinance does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the Previous Ordinance that occurred before the effective dates specified in Sec. 17-1-0200.
17-1-1404 Nonconformities. Any nonconformity under the previous Zoning Ordinance will also be a nonconformity under this Zoning Ordinance, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist. If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this Zoning Ordinance, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity. A situation that did not constitute a nonconforming situation under the previously adopted Zoning Ordinance does not achieve nonconforming status under this Zoning Ordinance merely by repeal of the previous Zoning Ordinance.
17-1-1405-A When a use classified as a special use under this Zoning Ordinance exists as a special use or permitted use on the effective dates specified in Sec. 17-1-0200, such use will be considered a legal special use except as otherwise expressly provided in this section.
17-1-1405-C In the case of an adult use, whenever a city license to do business at such an establishment, including but not limited to a city license for the retail sale of alcoholic liquor under Chapter 4-60, a public place of amusement license under Chapter 4-156, or a retail food establishment license under Chapter 4-8 of this Code, is revoked, any existing special use approval becomes null and void. Any subsequent re-establishment of the adult use requires approval as a new special use in accordance with the procedures of Sec. 17-13-0900. In such cases, re- establishment of the adult use will be permitted only in a zoning district in which the adult use is authorized under this Zoning Ordinance.
17-1-1405-D A lawfully established, existing use that is not allowed as a special use or permitted use in the district in which the use is now located will be considered a nonconforming use and will be subject to all applicable regulations of Chapter 17-15.
17-1-1406-A Zoning District Conversions Outside of Downtown. The zoning district classifications in effect before the effective dates specified in Sec. 17-1-0200 are converted as follows, except that within the downtown area described in Sec. 17-1-1406-B2 conversions will follow the rules of Sec. 17-1-1406-B1:
Existing District | New District |
Existing District | New District |
R1 | RS1 |
R2 | RS2 |
R3 | RS3 |
SD-3, South Lakeview | RT3.5 |
SD-4, North Southport | RT3.5 |
SD-5, North Southport | RT3.5 |
SD-6, N Central-W Lakeview | RT3.5 |
SD-11, Addison Street | RT3.5 |
SD-12, Addison Street | RT3.5 |
SD-22, Magnolia Glen Area B | RT3.5 |
R4 | RT4 |
SD-7A, Central Lakeview | RT4 |
SD-9, Hawthorne | RT4 |
SD-13, Wrightwood | RT4 |
SD-14, Wrightwood | RT4 |
SD-15, Wrightwood | RT4 |
SD-17, North Damen Avenue | RT4 |
SD-22, Magnolia Glen Area A | RT4 |
None | RM4.5 |
R5 | RM5 |
SD-16, Triangle Neighborhood | RM5 |
SD-19, Lincoln Central | RM4.5 |
SD-20, Melrose, Aldine, Buckingham | RM5 |
None | RM5.5 |
R6 | RM6 |
R7 | RM6.5 |
R8 | RM6.5 |
None | B1-1.5 |
None | B2-1.5 |
None | B3-1.5 |
None | B5-1.5 |
B1-1 | B1-1 |
B2-1 | B1-1 |
B3-1 | B1-1 |
B1-2 | B1-2 |
B2-2 | B1-2 |
B3-2 | B1-2 |
B1-3 | B1-3 |
B2-3 | B1-3 |
B3-3 | B1-3 |
B1-4 | B1-5 |
B2-4 | B1-5 |
B3-4 | B1-5 |
B1-5 | B1-5 |
B2-5 | B1-5 |
B3-5 | B1-5 |
None | B2 |
B4-1 | B3-1 |
B5-1 | B3-1 |
B4-2 | B3-2 |
B5-2 | B3-2 |
B4-3 | B3-3 |
B5-3 | B3-3 |
B4-4 | B3-5 |
B5-4 | B3-5 |
B4-5 | B3-5 |
B5-5 | B3-5 |
C1-1 | C1-1 |
C3-1 | C1-1 |
C1-2 | C1-2 |
C3-2 | C1-2 |
C1-3 | C1-3 |
C3-3 | C1-3 |
C1-4 | C1-5 |
C1-5 | C1-5 |
C3-4 | C1-5 |
C3-5 | C1-5 |
C2-1 | C2-1 |
C2-2 | C2-2 |
C2-3 | C2-3 |
C2-4 | C2-5 |
C2-5 | C2-5 |
C4 | M2-1 |
C5-1 | C3-1 |
C5-2 | C3-2 |
C5-3 | C3-3 |
C5-4 | C3-5 |
M1-1 | M1-1 |
M1-2 | M1-2 |
M1-3 | M1-3 |
M1-4 | M1-3 |
M1-5 | M1-3 |
M2-1 | M2-1 |
M2-2 | M2-2 |
M2-3 | M2-3 |
M2-4 | M2-3 |
M2-5 | M2-3 |
M3-1 | M3-1 |
M3-2 | M3-2 |
M3-3 | M3-3 |
M3-4 | M3-3 |
M3-5 | M3-3 |
1. Within the downtown area boundaries described in paragraph 2 below, the zoning district classifications in effect before the effective dates specified in Sec. 17-1-0200 will be converted as shown in the following table. Existing zoning classifications that are not shown in the following table or that are not located within the downtown area will be converted as indicated in Sec. 17-1-1406-A.
Existing District | New "D" District |
Existing District | New "D" District |
R5 | DR-3 |
R6 | DR-5 |
R7 | DR-7 |
R8 | DR-10 |
B1-3 | DX-3 |
B2-3 | DX-3 |
B3-3 | DX-3 |
B4-3 | DX-3 |
B5-3 | DX-3 |
C1-3 | DX-3 |
C2-3 | DX-3 |
C3-3 | DX-3 |
B1-4 | DX-5 |
B2-4 | DX-5 |
B3-4 | DX-5 |
B4-4 | DX-5 |
B5-4 | DX-5 |
C1-4 | DX-5 |
C2-4 | DX-5 |
C3-4 | DX-5 |
B1-5 | DX-7 |
B2-5 | DX-7 |
B3-5 | DX-7 |
B4-5 | DX-7 |
B5-5 | DX-7 |
B7-5 | DX-7 |
C1-5 | DX-7 |
C2-5 | DX-7 |
C3-5 | DX-7 |
B6-6 | DC-12 or DX-12** |
B7-6 | DC-12 or DX-12** |
C3-6 | DC-12 or DX-12** |
B6-7 | DC-16 or DX-16** |
B7-7 | DC-16 or DX-16** |
C3-7 | DC-16 or DX-16** |
M1-3 | DS-3 |
M2-3 | DS-3 |
M3-3 | DS-3 |
M1-4 | DS-5 |
M1-5 | DS-5 |
M2-4 | DS-5 |
M2-5 | DS-5 |
M3-4 | DS-5 |
M3-5 | DS-5 |
**See Figure 17-1-1406-B
2. For the purpose of interpreting the zoning district conversion rules of this section, the downtown area is defined as follows: Division Street on the north; Lake Michigan on the east; the Stevenson Expressway on the south; South State Street; West 18th Street; the South Branch of the Chicago River; West 16th Street; the Dan Ryan Expressway; the Eisenhower Expressway; South Racine Avenue; West Randolph Street; North Green Street; West Lake Street; the Kennedy Expressway; West Kinzie Street; the North Branch of the Chicago River; Chicago Avenue; LaSalle Street; Chestnut Street; and North Dearborn Avenue.
For a printer-friendly PDF version of Figure 17-1-1406-B, please click here.
(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 7-21-04, p. 28850; Amend Coun. J. 7-21-04, p. 28848; Amend Coun. J. 3-9-05, p. 44391; Amend Coun. J. 5-9-12, p. 27485, § 188; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 39)
17-1-1500-A. For the purpose of establishing new downtown ("D") zoning districts, the downtown area is defined as an area bounded by: Division Street; Lake Michigan; the Stevenson Expressway; the CTA red line right-of-way; Cermak Road; Stewart Avenue; the South Branch of the Chicago River; 16th Street; the Dan Ryan Expressway; the Eisenhower Expressway; Ashland Avenue; Ogden Avenue; Hubbard Street; the Kennedy Expressway; Ogden Avenue; Chicago Avenue; North Halsted Street; and the North Branch Canal.
17-1-1500-B. Property within the downtown area boundaries described in Sec. 17-1-1500-A, but outside the original downtown area boundaries described in Sec. 17-1-1406-B-2, is referred to herein as the downtown expansion area. No property within the downtown expansion area shall be rezoned except upon an application duly filed and approved by the city council. Any rezoning of property within the downtown expansion area on or after the effective date of this Sec. 17-1-1500 shall be required to be rezoned to a "D" zoning district; provided, however, the rezoning requirements and restrictions in effect immediately before the effective date of this Sec. 17-1-1500-B shall apply to all rezoning applications that were submitted to the city in complete form and are pending approval before the effective date, unless the applicant chooses to be governed by the provisions of this Sec. 17-1-1500-B.
(Added Coun. J. 5-18-16, p. 24993, § 3; Amend Coun. J. 7-26-17, p. 53898, § 2; Amend Coun. J. 11-21-17, p. 62501, § 2)
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