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1. maintain and permit critical service uses;
2. preserve and enhance open space and recreational opportunities along the North Branch of the Chicago River;
3. retain and modernize existing planned manufacturing district (PMD) zoning in some areas;
4. facilitate and guide land use transitions from the area's former PMD zoning in some areas; and
5. accommodate and promote compatible mixes of office, industrial, commercial and/or residential uses.
17-7-0401-B When these overlay district regulations conflict with applicable base district or other regulations of this Zoning Ordinance, the regulations of the overlay district shall govern. When no overlay district regulations are specified, the base district regulations and all other applicable regulations of this Zoning Ordinance govern, unless otherwise more specifically regulated, including, without limitation, by a planned development.
17-7-0402-A The overlay district regulations of this Sec. 17-7-0400 apply to all property within an area generally bounded by West Webster Avenue on the north, North Kingsbury Street or the east bank of the North Branch Canal on the east, West Kinzie Street on the south and the Union Pacific Railroad on the west. The area is further divided into the following subdistricts:
1. NBCO-A, North subdistrict;
2. NBCO-B, Central subdistrict; and
3. NBCO-C, South subdistrict.
1. Buffer Area C-1, defined by the following boundaries: The North Branch of the Chicago River; a line 131 feet east of and parallel to the east line of North Halsted Street; the centerline of the public alley next south of and parallel to West Chicago Avenue and said line extending east where no alley exists; the northeast line of the Union Pacific Railroad right-of- way; West Chicago Avenue; and North Halsted Avenue.
2. Buffer Area C-2, defined by the following boundaries: West Ancona Street or the centerline of West Ancona Street extending east where no street exists; the southwest line of the Union Pacific Railroad right-of-way; West Ohio Street; and the northeast line of the Union Pacific Railroad (Metra) right-of-way.
17-7-0404 Indoor/Outdoor Operations. In all DS, M and PMD districts within the NBCO, except that area of PMD 2 east of North Elston Avenue, all new or expanded principal and accessory Industrial Use Group uses, as defined in Sec. 17-17-0105, including storage and work areas, must be located within completely enclosed buildings. Existing unenclosed uses may remain, subject to the screening requirements of Sec. 17-5-0600.
1. Property in the NBCO-A subdistrict may not be rezoned to any zoning district classification other than B (Business), C (Commercial), POS (Parks and Open Space) or T (Transportation), provided that this provision is not intended to prohibit approval of planned development (PD) zoning for projects that meet the mandatory or elective PD thresholds of Sec. 17-8-0500 or 17-8-0600, respectively. Pursuant to Sec. 17-7-0406-A, rezoning to a zoning district classification that allows a base floor area ratio of more than 3.0 is prohibited.
2. All rezonings to a B or C zoning district within the NBCO-A subdistrict must be processed in accordance with the Type I zoning map amendment procedures of Sec. 17-13-0302 or the planned development procedures of Sec. 17-13-0600 (if the project qualifies as a mandatory or elective planned development pursuant to Sec. 17-8-0500 or Sec. 17-8-0600, respectively).
17-7-0405-B NBCO-B Subdistrict. Property in the NBCO-B subdistrict may not be rezoned to any non-PMD zoning district classification, provided that this provision is not intended to prohibit approval of planned development (PD) zoning for projects that meet the mandatory or elective PD thresholds of Sec. 17-8-0500 or Sec. 17-8-0600, respectively.
17-7-0405-C NBCO-C Subdistrict. Property in the NBCO-C subdistrict may not be rezoned to any zoning district classification other than DX (Downtown Mixed-Use), POS (Parks and Open Space) or T (Transportation), provided that this provision is not intended to prohibit approval of planned development (PD) zoning for projects that meet the mandatory or elective PD thresholds of Sec. 17-8-0500 or Sec. 17-8-0600, respectively. Pursuant to Sec. 17-7-0406-C, rezoning to a zoning district classification that allows a base floor area ratio of more than 5.0 is prohibited.
17-7-0406-A NBCO-A Subdistrict. All development in the NBCO-A subdistrict is subject to a maximum base floor area ratio of 3.0 or the floor area ratio of the underlying zoning district, whichever is less. Floor area bonuses may be authorized in accordance with Sec. 17-7-0407.
17-7-0406-C NBCO-C Subdistrict. All development in the NBCO-C subdistrict is subject to a maximum base floor area ratio of 5.0 or the floor area ratio of the underlying zoning district, whichever is less. Floor area bonuses may be authorized in accordance with Sec. 17-4-1000.
17-7-0407-A Applicability. The floor area bonus provisions of this Sec. 17-7-0407 apply to floor area bonuses in the NBCO-A subdistrict.
17-7-0407-B Eligibility. Only B- or C-zoned properties with a dash-3 bulk and density designation are eligible to receive floor area bonuses under this Sec. 17-7-0407.
17-7-0407-C Purpose. The floor area bonus provisions of this section are intended to provide the opportunity for development projects in the NBCO-A subdistrict to achieve appropriate increases in floor area ratio above applicable base floor area ratios, while providing a corresponding economic incentive for developers to provide public amenities in the NBCO that improve the quality of life of city residents, employees, and visitors of the area and are a benefit to the public. This section shall be liberally construed and applied to achieve these stated purposes.
1. Planned Development Review. Floor area bonuses may be approved only in accordance with the planned development procedures of Sec. 17-13-0600. The zoning administrator must review proposed floor area bonus requests and make a recommendation to the Commissioner of Planning and Development and the Chicago Plan Commission. The Commissioner of Planning and Development and the Chicago Plan Commission shall each in turn make a recommendation to the city council. Floor area bonuses may be approved only if they are consistent with the purposes described in Sec. 17-1-0500, Sec. 17-4-1001, and Sec. 17-7-0407-C.
2. Submittal Requirements. All applicants for bonus floor area must file a bonus worksheet with the zoning administrator.
(a) The zoning administrator shall, by rule, establish a required form and content for such worksheets.
(b) Such worksheets must, at a minimum, include the calculations for the amount of bonus floor area requested.
(c) Such worksheets will serve as an official record of bonuses and such records will be binding on the property owners and their successors and assigns.
1. Floor area bonuses will be based on a financial contribution that reflects the value of land within the surrounding area, based on the following formula:
Cost of 1 square foot of floor area = 0.50 x median cost of land per buildable square foot
2. The cost of land must be based on sale prices within the most recent 5 years, as provided by the Department of Planning and Development.
3. The Commissioner of Planning and Development is responsible for updating estimates of land values at least once every 5 years.
4. The bonus payment must be paid in full prior to the issuance of the first building permit for any building or buildings within the planned development; provided, however, if the planned development is constructed in phases, the bonus payment must be paid on a pro rata basis as the first building permit for each subsequent new building or phase of construction is issued. The amount due prior to the issuance of a building permit (whether for a single building or for any subsequent phase of construction) shall be calculated by multiplying the total bonus payment due for the planned development as a whole (as the land value determination may be adjusted from time to time pursuant to paragraphs 2 and 3 above) by a fraction, the numerator of which is the amount of floor area in the building or buildings for which the permit is then being issued and the denominator of which is the total amount of floor area approved in the planned development (calculated as the total maximum floor area ratio in the planned development multiplied by the total net site area in the planned development), as follows:
Bonus payment due at the time of applicable permit*
Total bonus payment for planned development**
Floor area approved for construction in building permit for applicable building or phase ÷ maximum floor area approved for construction in planned development as a whole***
* Each payment is due prior to the issuance of the first building permit for any building or buildings in the planned development.
** The total bonus payment shall be determined by calculating the amount of bonus floor area granted in the approved planned development times the amount per square foot due pursuant to Sec. 17-7-0407-E-l (as the same may be adjusted in accordance with Sec. 17-7-0407-E-2 and Sec. 17-7-0407-E-3), and therefore the final payment amount may change overtime.
*** Maximum floor area is calculated as the total maximum floor area ratio in the planned development multiplied by the total net site area in the planned development.
Percentage of Bonus Payment
North Branch Corridor Bonus Fund
Industrial Corridor System Fund established under Sec. 16-8-040
2. Direct Payments to Sister Agencies. In lieu of the direct deposit otherwise required into the North Branch Corridor Bonus Fund, the Department of Planning and Development may direct applicants to make payments directly to sister agencies to finance specific projects pursuant to the requirements of Sec. 17-7-0407-H.
3. In-Kind Improvements. In lieu of the direct deposit otherwise required into the North Branch Corridor Bonus Fund, the planned development ordinance may provide for applicants to undertake specific local improvement projects themselves pursuant to the requirements of Sec. 17-7-0407-H-4.
1. The minimum floor area bonus in the NBCO-A is 0.5 FAR.
2. The maximum floor area bonus in the NBCO-A is 3.5 FAR.
1. Creation of North Branch Corridor Bonus Fund and Percentage Allocated. A separate fund is hereby established and designated as the North Branch Corridor Bonus Fund, into which seventy (70) percent of all funds due for floor area bonuses under this Sec. 17-7-0407 shall be deposited, except as provided in Sec. 17-7-0407-F-2 for direct payments to sister agencies and Sec. 17-7-0407-F-3 for in-kind improvements. The revenues of the North Branch Corridor Bonus Fund shall be reserved and utilized exclusively in accordance with Sec. 17-7-0407-H-2.
2. Use of Funds. All funds deposited in the North Branch Corridor Bonus Fund pursuant to Sec. 17-7-0407-F-l, and all direct payments to sister agencies pursuant to Sec. 17-7-0407-F-2 shall be used for costs to plan, design, and construct public improvements in furtherance of the goals in the North Branch Framework land use plan, including, but not limited to, transit, open space, pedestrian, streetscape, and infrastructure improvements.
3. Option for In-Kind Provision of Improvements. In lieu of the required cash contribution to the North Branch Corridor Bonus Fund, the planned development ordinance may authorize applicants to undertake qualifying improvement projects themselves, in furtherance of the goals in the North Branch Framework land use plan. The Department of Planning and Development shall review proposals for in-kind improvements on a case-by-case basis. If the Department of Planning and Development approves the proposal, the applicant shall submit project documentation, including but not limited to, detailed site-specific cost estimates for the improvements, appropriate drawings, detailed construction commitments, a construction schedule, and a performance bond for completion of the improvements, if applicable. If the estimated budget for the project exceeds the applicant's required cash contribution, the Department of Planning and Development may distribute funds from the North Branch Corridor Bonus Fund to the applicant to perform additional work associated with the project on behalf of the City or applicable sister agency, subject to city council approval.
4. Minor Change for Allocation of North Branch Corridor Bonus Funds. Changes to improvements specified in a planned development ordinance, or the substitution of one type of improvement for another, or the manner in which payments are made or satisfied under Sec. 17-7-0407-F, shall be deemed minor changes and may be permitted by the zoning administrator, as provided in Sec. 17-13-0611.
6. Binding Commitments.
(a) Sister Agency Agreements. Any sister agency that receives funds under this Sec. 17-7-0407 (whether from the City as a distribution from the North Branch Corridor Bonus Fund or from the applicant directly pursuant to Sec. 17-7-0407-F-2) must enter into an agreement with the City regarding the permitted use of funds. Any funds that remain unused upon completion of the project must be returned to the North Branch Corridor Bonus Fund and applied to other eligible project costs.
(b) In-Kind Improvement Agreements. If the Department of Planning and Development approves a proposal for in-kind improvements pursuant to Sec. 17-7-0407-H-3, the applicant must enter into an agreement with the applicable City department or sister agency specifying the type of improvements to be provided, the value of the improvements, the time line for completion of the improvements, the manner in which any supplemental funds will be used, and any other terms or conditions the Commissioner of Planning and Development deems necessary or desirable.
(c) Authorization. The Commissioner of Planning and Development, or the Commissioner's designee, is authorized to execute all agreements with sister agencies and applicants providing in-kind improvements on behalf of the City. All agreements must be in a form approved by the corporation counsel.
17-7-0407-I Rules and Regulations. The Commissioner of Planning and Development is authorized to adopt such rules as the commissioner may deem necessary for the proper implementation, administration, and enforcement of the floor area bonus provisions of this Sec. 17-7-0407.
17-7-0408-A Applicability. The floor area bonus provisions of this Sec. 17-7-0408 apply to floor area bonuses in the NBCO-C subdistrict.
17-7-0408-B Eligibility. Only DX-zoned properties with a dash-5 bulk and density designation are eligible to receive floor area bonuses under this Sec. 17-7-0408.
17-7-0408-C Regulations. The downtown district floor area bonus provisions of Sec. 17-4-1000 apply to properties eligible for floor area bonuses in the NBCO-C subdistrict.
17-7-0409 Minimum Lot Area per Unit. Projects that qualify for and are granted floor area bonuses under Sec. 17-7-0407 are eligible to use reduced lot area per unit standards. For each one percent increase in floor area awarded through the floor area bonus provisions of Sec. 17-7-0407, the minimum lot area per unit standard is reduced by one percent. The minimum lot area per unit reduction may not exceed 60 percent, regardless of the floor area bonus granted.
17-7-0410-A Minimum Automobile Parking Ratios. All D-zoned property within the NBCO-C subdistrict shall be subject to the minimum automobile parking ratios in Schedule 2 of Sec. 17-10-0208. All B, C, M and PMD-zoned property within the NBCO shall be subject to the dash-5 minimum automobile parking ratios in Schedule 1 of Sec. 17-10-0207.
17-7-0410-B Maximum Nonresidential Accessory Parking Ratios. All D-zoned property within the NBCO-C subdistrict shall be subject to the applicable maximum accessory parking ratios of Sec. 17-10-0205.
17-7-0411 Chicago River Setback. All new development and expansions of existing development must be set back at least 30 feet from the top of the bank along all points of the waterway adjacent to the Chicago River North Branch and North Branch Canal. This required setback must be unobstructed by buildings, parking lots and other site improvements.
17-7-0412 Parks and Open Space. Fields for team sports and other recreational needs of not less than 10 acres in total, distributed among various development sites, are a desired new amenity with the redevelopment of the North Branch Industrial Corridor. These fields would be located within portions of sites that can accommodate larger open spaces, and would be programmed together to accommodate both area residents, as well as new corridor residents.
1. The driveway and vehicle access limitations of this section (17-7-0413) apply along the following streets:
2. Streets that are subject to the driveway and vehicle access limitations of this section must be identified in the text of this Zoning Ordinance.
3. The driveway and vehicle access regulations of this section may be amended only in accordance with the Zoning Ordinance text amendment procedures of Sec. 17-13-0200.
17-7-0413-B Regulations. Alleys are intended to serve as the primary means of vehicle access to buildings and uses located along the streets identified in Sec. 17-7-0413-A-l. New curb cuts and driveway access are permitted on such streets only when reviewed and approved as an administrative adjustment by the Zoning Administrator.
17-7-0414 Supplemental Use Standards. In addition to the use standards listed in Sec. 17-5-0207, the following supplemental use standards shall apply where specifically indicated.
17-7-0414-A Office. The gross floor area limits for office uses in all M2 and M3 districts within the NBCO-A subdistrict do not apply when the development involves only reuse of an existing character building (as identified below) and such building's floor area is not being increased by more than 10% of the floor area that has been in existence for 50 years or more from the effective date of this Sec. 17-7-0400. For the purposes of this Sec. 17-7-0414, the following properties are classified as character buildings:
Building Address Range
Building Address Range
1. 2013 N Elston Ave
2013 – 2027 N Elston Ave
2029 – 2061 N Ashland Ave
1524 – 1546 W Mclean Ave
2012 – 2058 N Mendell St
2. 2001 N Elston Ave
2001 – 2011 N Elston Ave
1528 – 1550 W Armitage
1525 – 1547 W Mclean Ave
2000 – 2008 N Mendell St
3. 1529 W Armitage Ave
1529 – 1537 W Armitage Ave
1530 – 1540 W Homer St
1938 – 1958 N Mendell St
4. 1918 N Mendell St
1916 – 1930 N Mendell St
1531 – 1541 W Homer St
5. 1906 N Mendell St
1900 – 1910 N Mendell St
1500 – 1510 W Cortland St
6. 1903 N Mendell St
1901 – 1917 N Mendell St
1438 – 1456 W Cortland St
7. 1761 N Elston Ave
1751 – 1771 N Elston Ave
8. 1701 N Elston Ave
1701 – 1721 N Elston Ave
1414 – 1428 W Wabansia Ave
1459 – 1473 W Willow St
9. 1700 N Elston Ave
1700 – 1710 N Elston Ave
1438 – 1450 W Wabansia Ave
10. 1686 N Ada St
1686 – 1698 N Ada St
1401 – 1405 W Wabansia Ave
11. 1664 N Ada St
1664 – 1666 N Ada St
12. 1338 W Concord Pl
1650 – 1652 N Ada St
13. 1346 W Concord Pl
1640 – 1646 W Concord Pl
14. 1348 W Concord Pl
1348 – 1350 W Concord Pl
15. 1320 W Concord Pl
1320 – 1324 W Concord Pl
16. 1652 N Throop St
1646 – 1654 N Throop St
1301 – 1309 W Concord Pl
17. 1467 N Elston Ave
1463 – 1469 N Elston Ave
1261 – 1281 W Le Moyne St
18. 1325 N Elston Ave
1305 – 1357 N Elston Ave
1231 – 1251 W Blackhawk St
19. 1215 W Blackhawk St
1215 – 1227 W Blackhawk St
20. 1308 N Elston Ave
1308 – 1322 N Elston Ave
1301 – 1313 W Evergreen Ave
17-7-0414-B Incidental Commercial Use. Commercial uses which are clearly incidental and subordinate to office developments as described in Sec. 17-7-0414-A shall be permitted as of right in the NBCO-A subdistrict. Incidental commercial uses shall be allowed to occupy no more than 25% in the aggregate of the gross floor area of the ground floor of the building. Incidental commercial uses are limited to the following use categories:
1. Building Maintenance Services
2. Business Support Services
3. Eating and Drinking Establishments
4. Financial Services (bank, savings bank, savings and loan association, currency exchange, and credit union use types only)
5. Food and Beverage Retail Sales (no liquor or live poultry sales)
6. Medical Service
7. Personal Service
8. Repair or Laundry Service, Consumer
9. Retail Sales, General
(Added Coun. J. 5-26-04, p. 25275; Deleted Coun. J. 11-30-05, p. 62727; Added Coun. J. 7-26-17, p. 53898, § 7)