17-13-0300 Zoning map amendments (rezonings).

   17-13-0301 Applicability. The Zoning Map Amendment procedures of this section apply to all proposed rezonings except planned developments. Planned developments are subject to the review and approval procedures of Sec. 17-13-0600.

   17-13-0302 Type 1 and Type 2 zoning map amendments.

      17-13-0302-A Type 1.

         1.   A Type 1 application is required for proposals:

            (a)   to rezone property to a zoning district that allows a floor area ratio that is 2 or more times higher than the subject property's existing zoning classification must submit a Type 1 application (for example, rezoning from RT4 to a B or C dash 3 classification would require a Type 1 application, since the FAR allowed under dash 3 [3.0] is more than double that of the RT4 district [1.2]);

            (b)   to rezone property from a zoning district that does not impose maximum height limits to a zoning district that does impose maximum height limits;

            (c)   to rezone property from a zoning district that does not allow household living uses to a zoning district that does allow household living uses (for example, rezoning from an M district to an R district); or

            (d)   to reduce the minimum lot area per unit standards or increase the maximum height limits as allowed in Sections 17-3-0402-B, 17-3-0408-B and 17-4-0404-C.

            (e)   to rezone property in order to establish a residential, day care, hospital, parks and recreation, school, eating and drinking establishment with an outdoor patio or outdoor assembly use that is proposed to be established in any R, B, C or POS zoning district and within 660' of any (i) windrow composting facility, (ii) intensive manufacturing, production and industrial service use, (iii) Class III, Class IVA, Class IVB and Class V recycling facility, (iv) warehousing, wholesaling, and freight movement use, (v) container storage, (vi) freight terminal, (vii) outdoor storage of raw material as a principal use, (viii) waste-related use, or (ix) manganese-bearing material operation use.

            (f)   to establish a cannabis business establishment in a within* the area bounded by Division Street, Lake Michigan, Roosevelt Road, and Halsted Street.

* Editor’s note – As set forth in Coun. J. 5-22-24, p. 12069, § 5; future legislation will correct if needed.

         2.   Any other applicant may elect to submit a Type 1 application.

      17-13-0302-B Type 2. Any Zoning Map Amendment application that is not a Type 1 application is a Type 2 application.

      17-13-0302-C Effect. The designation of a Zoning Map Amendment application as "Type 1" or "Type 2" determines the extent of information required to be submitted with the application, as described in Sec. 17-13-0303-C. Type 1 applications are also subject to Sec. 17-13-0310. All other rezoning procedures of this section (Sec. 17-13-0300) apply uniformly to Type 1 and Type 2 Zoning Map Amendment applications.

   17-13-0303 Applications.

      17-13-0303-A Authority to File. Zoning Map Amendments may be proposed by the Mayor, City Council, Zoning Administrator, the property owner of the subject property or the subject property owner's authorized agent.

      17-13-0303-B Filing. Zoning Map Amendment applications must be filed with the Zoning Administrator. Upon determining that an application is complete, the Zoning Administrator must transmit the application to the City Clerk. The City Clerk must file all such applications with the City Council at its next regular meeting.

      17-13-0303-C Contents of Type 1 Rezoning Application. In addition to the information required by the Zoning Administrator to be submitted with any other Zoning Map Amendment application, the following additional information must be submitted with all Type 1 applications:

         1.   A (narrative) zoning and development analysis describing the proposed development's:

            (a)   floor area ratio;

            (b)   density (lot area per dwelling unit);

            (c)   off-street parking;

            (d)   setbacks; and

            (e)   building height.

         2.   Drawings, photographs and/or plans illustrating:

            (a)   building orientation and setbacks;

            (b)   building bulk and scale in relation to nearby buildings;

            (c)   curb cuts;

            (d)   sidewalks;

            (e)   parking and loading areas;

            (f)   landscaping;

            (g)   useable on-site open space;

            (h)   garbage storage facilities; and

            (i)   such additional information as is necessary to demonstrate compliance with applicable standards of this Zoning Ordinance.

      17-13-0303-D Optional Administrative Adjustment and Variation. In addition to the information required to be submitted with all Zoning Map Amendment applications, pursuant to other applicable portions of Section 17-13-0300, Type I applications may include relief available pursuant to Sections 17-13-1000 or 17-13-1100; in such instances, City Council approval of a Type I application containing said elements shall preclude subsequent review otherwise required pursuant to Sections 17-13-1000 or 17-13-1100, provided that no Type I application permits issued may be in violation of Section 17-13-0310.

   17-13-0304 Disclosures. The following disclosures are required to be submitted with all Zoning Map Amendment applications.

      17-13-0304-A Whenever the subject property is in a land trust, the applicant must disclose the identity of each beneficiary of such trust, including the name, address, and percentage of interest of each beneficiary of each trust. Such disclosure must be a statement under oath and must be filed at the time of filing the application.

      17-13-0304-B Whenever the applicant is a partnership or association of two or more persons holding a joint or common interest, the names and addresses of each partner or associate must be listed and such disclosure must be a statement under oath and must be filed at the time of filing the application.

      17-13-0304-C Whenever the applicant is an agent or agents or nominee, the principals for whom such agent, agents, or nominee holding such interest must be disclosed. Such disclosure must be a statement under oath and must be filed at the time of filing the application.

      17-13-0304-D Whenever the applicant is a corporation, the names and addresses of all shareholders owning shares equal to or in excess of 3% of the proportionate interest, the names, addresses and percentage of each therein must be disclosed. Such disclosure must be a statement under oath and must be filed at the time of filing the application.

      17-13-0304-E Whenever the applicant is either the Mayor or a member of the City Council, the applicant must disclose if he is the property owner of the property or has any direct or indirect interest in the property subject to the proposed amendment. In addition, any member of the City Council, and the Mayor if the applicant is a member of the City Council, who is the property owner of the property or has any direct or indirect interest in the property subject to the proposed amendment must disclose the nature of the interest.

      17-13-0304-F In the event the amendment is adopted by the City Council, the Mayor or any member of the City Council who acquires any direct or indirect interest in the property which is the subject of the amendment within 3 years of its passage must file a sworn statement disclosing the nature of the interest acquired and the date of acquisition.

      17-13-0304-G Pursuant to Chapter 2-154 of the Municipal Code of Chicago, an Economic Disclosure Statement and Affidavit are required to be filed. If the applicant is not the owner of the property, a disclosure statement must be filed for both the applicant and the owner.

   17-13-0305 Recommendations – Zoning Administrator. The Zoning Administrator must review each proposed zoning map amendment application and forward a recommendation on the proposal to the City Council Committee on Zoning, Landmarks and Building Standards before the Committee's public hearing. The recommendation of the Zoning Administrator must also be forwarded to the City Council when the report of the City Council Committee on Zoning, Landmarks and Building Standards is initially submitted to the City Council.

   17-13-0306 Hearing – City Council Committee on Zoning, Landmarks and Building Standards. The City Council Committee on Zoning, Landmarks and Building Standards must hold a hearing on all zoning map amendments. Written, Published and Posted Notice of the City Council Committee on Zoning, Landmarks and Building Standards' public hearing must be provided in accordance with Sec. 17-13-0107-A, Sec. 17-13-0107-B and Sec. 17-13-0107-C.

   17-13-0307 Final Action – City Council. The City Council is the final decision-making body on zoning map amendments. The City Council may act by simple majority vote unless a valid written protest against the proposed amendment is filed with the City Clerk at least 3 days before the date that the City Council votes on the proposed amendment.

      17-13-0307-A A valid written protest is one that is signed and acknowledged by:

         1.   the property owners of 20% of the land proposed to be rezoned; or

         2.   the property owners of land immediately touching, or immediately across a street, alley, or public way from at least 20% of the perimeter of the land to be rezoned.

      17-13-0307-B In the case of a valid written protest, approval of a zoning map amendment requires a favorable vote of two-thirds of all Aldermen.

      17-13-0307-C A copy of the written protest must be served by the protester on the applicant and the applicant's agent by certified mail at the address shown on the application.

   17-13-0308 Review and Decision-Making Criteria. The act of amending the zoning map is a legislative action that must be made in the best interests of the public health, safety and general welfare, while also recognizing the rights of individual property owners. In reviewing and making decisions on proposed zoning map amendments, review bodies and decision- making bodies should consider at least the following factors:

      17-13-0308-A whether the proposed rezoning is consistent with any plans for the area that have been adopted by the Plan Commission or approved by the City Council;

      17-13-0308-B whether the proposed rezoning is appropriate because of significant changes in the character of the area due to public facility capacity, other rezonings, or growth and development trends;

      17-13-0308-C whether the proposed development is compatible with the character of the surrounding area in terms of uses, density and building scale;

      17-13-0308-D whether the proposed zoning classification is compatible with surrounding zoning; and

      17-13-0308-E whether public infrastructure facilities and city services will be adequate to serve the proposed development at the time of occupancy.

   17-13-0309 Inaction by City Council. If the City Council does not take action on a proposed zoning map amendment within 180 days of the day the application is filed by the City Clerk with the City Council, the application will be considered to have been denied, unless the application meets the definition of an inclusionary application.

      17-13-0309-A City Council Committee on Zoning, Landmarks and Building Standards Approval of Inclusionary Applications. Except for planned development amendment inclusionary applications addressed in Section 17-13-0608-A, if the City Council Committee on Zoning, Landmarks and Building Standards fails to vote within 300 days of the filing of a complete inclusionary application with said Committee, as determined jointly by the Zoning Administrator and the Commissioner of Housing, the applicant may submit a written notification to the Chairman of the Committee on Zoning, Landmarks and Building Standards requesting that the Committee act on the inclusionary application. If the Committee on Zoning, Landmarks and Building Standards fails to vote within 60 days of the receipt of such written notification and the requirements of Section 17-13-0309-B have been satisfied, the Committee shall report the application to the City Council for consideration at the next regular City Council meeting with a "do pass" recommendation.

      17-13-0309-B Community Meetings for Inclusionary Applications. Before any applicant may submit a written notification to the Chairman of the Committee on Zoning, Landmarks and Building Standards requesting that the Committee act on the inclusionary application pursuant to Section 17-13-0309-A, the applicant must hold at least one community meeting in the ward in which the project is proposed to be located for the purpose of explaining the proposal and soliciting comments on it. Notice for such community meeting must be issued, pursuant to this Section, no later than two weeks prior to such community meeting. The applicant must notify the Alderman of the ward in which the project is proposed to be located in writing of the time, place and purpose of the community meeting.

   17-13-0310 Effect of Approval of Type 1 Zoning Map Amendment. Once a Type 1 application is approved, no permits may be issued except those that the Zoning Administrator determines to be in strict compliance with the density shown on the development plan approved by the City Council and in substantial compliance with the setbacks, floor area ratio, parking and building height shown on the development plan that was approved by the City Council. Proposals to make substantial modifications to City Council-approved development plans must be processed in accordance with the Zoning Map Amendment procedures of this section (Sec. 17-13-0300).

   17-13-0311 Lapse of Approval of Type 1 Zoning Map Amendment. Except within a D district, a building permit must be obtained within 2 years of the effective date of an ordinance approving a Type 1 Zoning Map Amendment. If a building permit is not obtained within that period, the Zoning Administrator must initiate a Zoning Ordinance Map Amendment to rezone the subject property to the zoning classification that applied to the subject property before approval of the Type 1 Zoning Map Amendment, in accordance with the procedures of Sec. 17-13-0300.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391; Amend Coun J. 5-14-07, p. 106483, § 3; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. VIII, § 1; Amend Coun. J. 11-8-12, p. 38872, §§ 262 – 264; Amend Coun. J. 9-11-13, p. 60173, § 8; Amend Coun. J. 3-18-15, p. 105476, § 9; Amend Coun. J. 3-24-21, p. 29065, § 10; Amend Coun. J. 7-20-22, p. 50878, § 7; Amend Coun. J. 12-13-23, p. 7823, § 1; Amend Coun. J. 5-22-24, p. 12069, § 5)