17-1-1400 Transitional provisions.

   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 Existing Uses.

      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-B When any amendment to this Zoning Ordinance changes the classification of a permitted use to a special use, any use legally established before such amendment will be considered a legal special use after the effective date of such amendment.

      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 Zoning District Conversions.

      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
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

 

      17-1-1406-B Zoning Map Conversions in the Downtown Area.

         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
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.

Figure 17-1-1406-B

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)