17-13-0500 Establishment of special character overlay district.

   17-13-0501 Initiation of Special Character Overlay District Amendment. An amendment to create a special character overlay district must be processed in accordance with the provisions of Sec. 17-13-0300, except to the extent that this section imposes additional requirements.

   17-13-0502 Application and Public Notice.

      17-13-0502-A Applications to establish a special character overlay district must include the following: 1) an in-depth written description of the physical characteristics and criteria eligibility of the neighborhood that necessitate the establishment of an overlay district; 2) a map of the proposed district boundary; 3) a list of all of the PINs, property addresses, and property owners within the area; 4) a letter from the Department of Planning and Development supporting the proposed overlay district.

      17-13-0502-B Public notice of an application for an amendment to create a special character overlay district must be given in the same manner as for other Zoning Map Amendments under Sec. 17-13-0300 except as expressly provided in this section.

      17-13-0502-C Whenever the applicant is a member of the City Council or the Zoning Administrator, notice may be served by first class mail.

      17-13-0502-D Upon receipt of any such application, the Zoning Administrator must transmit an original copy without delay to the Chairman of the City Council Committee on Zoning, Landmarks and Building Standards.

      17-13-0502-E In addition to the persons to whom written notice must be provided under Sec. 17-13-0300, written notice of the filing of the application and of the community meeting required by Sec. 17-13-0503 must also be sent to the property owners of property within the proposed special character overlay district, as determined from the authentic tax records of Cook County.

      17-13-0502-F The application must address the factors to be considered by the City Council in determining whether the particular area qualifies as a special character overlay district.

   17-13-0503 Community Meeting. Before a public hearing is held by the City Council Committee on Zoning, Landmarks and Building Standards, as provided for in Sec. 17-13-0300, to consider recommending the designation of any area as a special character overlay district, the Department of Planning and Development must hold at least one public meeting in the ward in which the proposed district is located for the purpose of explaining the proposal, soliciting comments on it, and making findings regarding the factors listed in Sec. 17-13-0505. The Department of Planning and Development must notify the Alderman or Aldermen of the ward(s) in writing of the time, place and purpose of the meeting and must also publish notice of the public meeting in a newspaper of general circulation within the ward(s). The Department of Planning and Development shall make all of the information presented at the meeting available to the public and shall provide a meeting summary of public input received.

   17-13-0504 Report and Recommendation. The Department of Planning and Development must submit a written report and recommendation on the proposed special character overlay district Amendment to the City Council Committee on Zoning, Landmarks and Building Standards before the date scheduled for a formal public hearing before that Committee.

   17-13-0505 Factors to be Considered. In reviewing an application for a special character overlay district amendment, the City Council Committee on Zoning, Landmarks and Building Standards must give consideration to all of the following factors:

      17-13-0505-A whether the property within the proposed special character overlay district meets the minimum requirements of Sec. 17-7-0602;

      17-13-0505-B whether the proposed overlay district is consistent with Sec. 17-7-0601;

      17-13-0505-C whether the existing zoning of the property would allow new development that is inconsistent with the unique characteristics within the proposed district;

      17-13-0505-D the area's importance to the city's heritage or identity, whether comprehensive plans exist for the area and the nature of recent and planned public and private investment within the area;

      17-13-0505-E whether supplemental special character overlay district regulations are needed to maintain the stability and unique character of the area or to promote development that is consistent with any adopted comprehensive plans or design guidelines for the area; and

      17-13-0505-F the proportion of land within the district that would become nonconforming if the special character overlay district Amendment were approved.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. IX, § 11; Amend Coun. J. 11-8-12, p. 38872, §§ 266 – 269; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 30; Amend Coun. J. 10-7-20, p. 21785, § 1)

17-13-0600 Planned developments.

   17-13-0601 Purpose. The section sets forth the procedures for review and approval of planned developments. (See Chapter 17-8 for planned development guidelines and standards)

   17-13-0602 Applications.

      17-13-0602-A Authority to File. Planned development applications may be submitted by the Mayor, City Council, Zoning Administrator or by the property owner of the subject property.

      17-13-0602-B Filing.

         1.   Planned development applications must be filed with the Zoning Administrator.

         2.   The Zoning Administrator must transmit an original copy of the application without delay to the City Clerk, who must record it in the proceedings of the City Council at its next regular meeting.

         3.   The Zoning Administrator must also, within 5 days of application filing, transmit copies of the application to the Plan Commission.

   17-13-0603 Recommendations – Zoning Administrator. The Zoning Administrator must review each planned development and forward a recommendation on the proposal to the Plan Commission before the Plan Commission's public hearing. The recommendation of the Zoning Administrator must also be forwarded to the City Council Committee on Zoning, Landmarks and Building Standards.

   17-13-0604 Hearing – Plan Commission.

      17-13-0604-A Within 7 days of the receipt of a complete application, the Plan Commission must schedule a public hearing to review the planned development application.

      17-13-0604-B Written, Published and Posted Notice of the Plan Commission public hearing must be provided in accordance with Sec. 17-13-0107-A, Sec. 17-13-0107-B and Sec. 17-13-0107-C.

      17-13-0604-C The Plan Commission must provide a reasonable opportunity for all interested parties to express their opinions under such rules and regulations as the Plan Commission may adopt.

      17-13-0604-D The Plan Commission's public hearing must be concluded within 30 days of commencement, provided that the Plan Commission may grant such extensions of time as the applicant may request. If the applicant requests or agrees to an extension of time, such action will be deemed a waiver of the 30-day public hearing period.

      17-13-0604-E Whenever practicable, any public hearings required to be held by the Plan Commission affecting the same property will be held concurrently.

   17-13-0605 Plan Commission Recommendation. Within 7 days of the close of the Plan Commission public hearing, the Plan Commission must forward its findings, determination and recommendation to the City Council Committee on Zoning, Landmarks and Building Standards.

   17-13-0606 Hearing – City Council Committee on Zoning. The City Council Committee on Zoning, Landmarks and Building Standards must hold a public hearing on all planned development proposals for the purpose of reviewing the proposed project and taking testimony. Written, Published and Posted Notice of the 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.

   17-13-0607 Final Action – City Council. The City Council is the final decision-making body on planned developments. The City Council may act by simple majority vote.

   17-13-0608 Inaction by City Council. If the City Council does not take action on a proposed planned development amendment application within 180 days of the day the Plan Commission recommendation is filed with the City Council Committee on Zoning, Landmarks and Building Standards, the application will be considered to have been denied, unless the application meets the definition of an inclusionary application.

      17-13-0608-A City Council Committee on Zoning, Landmarks and Building Standards Approval of Inclusionary Applications. If the City Council Committee on Zoning, Landmarks and Building Standards fails to vote on a proposed planned development amendment inclusionary application within 300 days of the day the Plan Commission recommendation is filed with the City Council Committee on Zoning, Landmarks and Building Standards, 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 17-13-0608-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.

      17-13-0608-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 17-13-0608-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.

   17-13-0609 Review and Decision-Making Criteria. In reviewing and making decisions on proposed planned developments, review bodies and decision-making bodies must consider at least the following factors:

      17-13-0609-A whether the proposed development complies with the standards and guidelines of Sec. 17-8-0900;

      17-13-0609-B whether the proposed development is compatible with the character of the surrounding area in terms of uses, density and building scale; and

      17-13-0609-C whether public infrastructure facilities and city services will be adequate to serve the proposed development at the time of occupancy.

   17-13-0610 Effect of Planned Development Approval. After the adoption of a planned development ordinance, every application for a permit or license within the planned development boundaries must be reviewed by the Zoning Administrator for a determination that the proposed use, building or structure complies with all provisions of the planned development ordinance ("Part II review"). A Part II review fee shall be assessed by the Department of Planning and Development and paid by the Applicant as set forth in this section. The Part II review fee is $0.50 per square foot of buildable floor area, as identified in the planned development Bulk and Density Table. One-half of the permit review fee is due at the time of filing the planned development application (the "first installment"), and one-half of the review fee is due at the time of the Part II review (the "second installment"); provided, however, if the planned development is constructed in phases or subareas, and each phase or subarea is identified separately in the Bulk and Density Table and is subject to separate site plan approval or Plan Commission review, the permit review fee may be paid in phases. The fee for each phase shall continue to be paid in installments, with the first installment due at the time of filing the planned development application (for the initial phase) or at the time of filing for site plan review pursuant to Section 17-13-0800 (for subsequent phases), and with the second installment due at the time of Part II review for such phase. If the buildable floor area square footage changes between payment of the first installment and payment of the second installment, the second installment will be adjusted accordingly. Zoning certifications may be issued by the Zoning Administrator for uses, buildings or structures within the planned development only upon the Zoning Administrator's written approval. Any permit, license or certificate issued in conflict with the planned development ordinance may be revoked in accordance with Section 17-16-0505.

   17-13-0611 Minor Changes and Amendments.

      17-13-0611-A Minor changes to approved planned developments may be permitted by the Zoning Administrator provided such minor changes will not result in one or more of the following:

         1.   a change in the character of development;

         2.   an increase in the maximum permitted floor area ratio for the total net site area, provided that phases of the development may temporarily exceed the maximum floor ratio for a sub- area;

         3.   an increase in the number of dwelling units in excess of the lesser of 3 units or 5% of the maximum number of dwelling units allowed in the approved planned development. Increases in the maximum number of units may not be made if such increase conflicts with the approved parking ratio, decreases approved setbacks, adversely affects the character of the development or exceeds the approved floor area ratio. Increases in the maximum number of units may be made only once per planned development or, if applicable, once per sub-area; or

         4.   a reduction in the minimum required distance between structures or in periphery setbacks, provided that setback requirements may be adjusted when necessary to permit consistency with the typical pattern or architectural arrangement of surrounding structures.

      17-13-0611-B Proposed changes that do not meet the criteria for Minor Changes, as provided in Sec. 17-13-0611-A, may be approved only in accordance with the review and approval procedures for planned developments, as provided in Sec. 17-13-0602 through Sec. 17-13-0610.

      17-13-0611-C An approved minor change is valid for 12 months from the date of the letter granting such approval unless action to implement the minor change is commenced within such time period and thereafter diligently pursued to completion, including, if applicable, construction consistent with the minor change as authorized by a building permit. If action to implement the minor change, including construction, does not begin within the time set forth, or does not proceed with reasonable diligence, then the approval will lapse and become null and void.

      17-13-0611-D The fee to review and process a request for minor change approval is $1,500.00.

   17-13-0612 Lapse of Approval.

      17-13-0612-A Every planned development ordinance will lapse and be null and void unless construction, as authorized by a building permit, has commenced within 6 years of the date of City Council approval of the planned development ordinance and is thereafter diligently pursued to completion.

      17-13-0612-B The 6-year period may be extended by up to one additional year if, before expiration, the Zoning Administrator receives a written request from the applicant stating the reasons for the proposed extension, and the Zoning Administrator determines that good cause for an extension is shown.

      17-13-0612-C If a planned development ordinance requires construction to begin at an earlier date, then that time period will control.

      17-13-0612-D If construction does not begin within the time set forth, or the construction does not proceed with reasonable diligence, or if construction in a multi-phase development does not proceed according to the specific schedule set forth in the planned development ordinance, then the planned development ordinance will lapse and be null and void.

      17-13-0612-E Should a planned development ordinance lapse, as provided in this section, 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 planned development, in accordance with the procedures of Sec. 17-13-0300.

   17-13-0613 Special rule– Property within Airport Layout Plan. Upon annexation, land located within the Airport Layout Plan shall be deemed to be included within, and subject to all the applicable provisions of, the "Airport Planned Development," as defined in an ordinance passed by the City Council on January 23, 1964, and appearing in the Journal of Proceedings of that date at page 2203. Such inclusion shall not be subject to the review and approval requirements contained in Section 17-13-0602 through Section 17-13-0610 to be effective. For the purposes of this section, the term "Airport Layout Plan" shall mean the future airport layout plan for Chicago O'Hare International Airport approved by the Federal Aviation Administration in a Record of Decision issued in September 2005, and as amended from time to time.

(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. 11-13-07, p. 15814, § 1; 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. 2-9-11, p. 112461, § 2; Amend Coun. J. 12-14-11, p. 18122, § 1; Amend Coun. J. 11-8-12, p. 38872, §§ 270 – 273; Amend Coun. J. 11-19-14, p. 98037, § 15; Amend Coun. J. 3-18-15, p. 105476, § 10; Amend Coun. J. 11-26-19, p. 11514, Art. III, § 2; Amend Coun. J. 9-9-20, p. 20676, § 1; Amend Coun. J. 12-15-21, p. 42674, § 9; Amend Coun. J. 7-20-22, p. 50878, § 7)

17-13-0700 Planned manufacturing districts.

   17-13-0701 Purpose. The section sets forth the review and approval procedures for establishment of planned manufacturing districts. (See Sec. 17-6-0400 for PMD standards)

   17-13-0702 Applications.

      17-13-0702-A Authority to File. Applications to designate an area as a PMD may be filed by the Mayor, the property owners of all land within the boundaries of the proposed PMD, or the Alderman of the ward in which the proposed PMD is located.

      17-13-0702-B Filing.

         1.   An application for designation of an area as a PMD must be filed with the Zoning Administrator.

         2.   The Zoning Administrator must transmit an original copy of the application without delay to the City Clerk, who must record it in the proceedings of the City Council at its next regular meeting.

         3.   The Zoning Administrator must also transmit copies of the application without delay to the Plan Commission.

   17-13-0703 Community Meeting.

      17-13-0703-A Before the formal public hearing provided for in Sec. 17-13-0705, the Commissioner of Planning and Development must convene at least one public meeting in the ward in which the proposed PMD is located, for the purpose of explaining and soliciting comments on the proposal.

      17-13-0703-B The Commissioner of Planning and Development must give written notice to the respective Alderman of the time, place and purpose of the meeting and publish notice of the meeting in a newspaper of general circulation.

   17-13-0704 Recommendations – Zoning Administrator. The Zoning Administrator must review each PMD proposal and forward a recommendation on the proposal to the Commissioner of Planning and Development and the Plan Commission before the Plan Commission's public hearing (See Sec. 17-13-0705). The recommendation of the Zoning Administrator must also be forwarded to the City Council when the recommendation of the Plan Commission is sent to City Council.

   17-13-0705 Hearing – Plan Commission. The Plan Commission must hold a public hearing on all PMD proposals for the purpose of taking testimony and determining the industrial viability of the district and the need for PMD status. Written, Published and Posted Notice of the Plan Commission public hearing must be provided in accordance with Sec. 17-13-0107-A, Sec. 17-13-0107-B and Sec. 17-13-0107-C.

   17-13-0706 Plan Commission Recommendation. Within 7 days of the close of the Plan Commission public hearing, the Plan Commission must forward its findings, determination and recommendation to the City Council Committee on Zoning, Landmarks and Building Standards.

   17-13-0707 Hearing – City Council Committee on Zoning, Landmarks and Building Standards. The City Council Committee on Zoning, Landmarks and Building Standards must hold a public hearing on all PMD proposals for the purpose of taking testimony and determining the industrial viability of the district and the need for PMD status. Written, Published and Posted Notice of the 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.

   17-13-0708 Final Action – City Council. The City Council is the final decision-making body on PMD amendments. The City Council may act by simple majority vote.

   17-13-0709 Inaction by City Council. If the City Council does not take action on a proposed PMD amendment within 6 months of the day the Plan Commission recommendation is filed with the City Council, the applicant may consider the application to have been denied.

   17-13-0710 Review and Decision-Making Criteria.

      17-13-0710-A With respect to industrial viability, review and decision-making bodies must consider the following factors:

         1.   the size of the district;

         2.   the number of existing firms and employees that would be affected;

         3.   recent and planned public and private investments within the district;

         4.   the potential of the district to support additional industrial uses and increased manufacturing employment;

         5.   the proportion of land in the district currently devoted to industrial uses;

         6.   the proportion of land in the district currently devoted to non-manufacturing uses; and

         7.   the area's importance to the city as an industrial district.

      17-13-0710-B With respect to the need for planned manufacturing district status, review and decision-making bodies must consider the following factors:

         1.   evidence of conflict with or encroachment on industrial uses by nonindustrial uses;

         2.   demand for zoning changes or use conversions which may be incompatible with the character of the manufacturing district; and

         3.   continuing industrial viability of the area in accordance with Sec. 17-13-0710-A.

   17-13-0711 On-going Review by Plan Commission. The Plan Commission is responsible for monitoring the effectiveness of planned manufacturing districts in achieving the purposes set forth in Sec. 17-6-0401-A. The Plan Commission must recommend to the City Council changes in or repeal of a designated district if, after the hearings processes for district designation set forth in Sec. 17-13-0705 and 17-13-0705, it finds the purposes are not being met.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. IX, § 11; Amend Coun. J. 11-8-12, p. 38872, §§ 274, 275; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 30)

17-13-0800 Site plan review.

   17-13-0801 Purpose. Site plans and elevation drawings are required in some (specified) cases to ensure that proposed development complies with all applicable standards of this Zoning Ordinance and is compatible with the physical character and existing pattern of development in the neighborhood in which it is to be located. Site plan review is also required for projects that propose alternative compliance with applicable on-site open space standards.

   17-13-0802 Applications.

      17-13-0802-A Filing. Applications for Site Plan Review must be filed with the Zoning Administrator.

      17-13-0802-B Contents.

         1.   Site plans must illustrate:

            (a)   building location;

            (b)   curb cuts;

            (c)   sidewalks;

            (d)   parking and loading areas;

            (e)   landscaping, lighting and signs;

            (f)   fencing and outdoor storage areas; and

            (g)   waste storage and compacting facilities.

            (h)   lighting and signs.

         2.   A map of surrounding land uses and buildings for a distance of one block in all directions also must be provided.

         3.   Elevations must be provided for all of the proposed building façades.

         4.   Building materials for the proposed building must be specified.

   17-13-0803 Review and Action – Zoning Administrator. The Zoning Administrator must review the Site Plan application and determine whether the Site Plan may be approved within 30 days of receipt of a complete Site Plan Review application. This time period may be extended upon request or agreement of the applicant.

   17-13-0804 Review and Decision-Making Criteria. In reviewing and making decisions on Site Plans, decision-making bodies must consider whether the proposed development complies with all applicable standards of this Zoning Ordinance.

   17-13-0805 Appeals of Disapproved Site Plans.

      17-13-0805-A A Site Plan Review application that is denied by the Zoning Administrator may be appealed by the applicant to the City Council by filing a written appeal with the Zoning Administrator within 7 days of the date of the disapproval.

      17-13-0805-B In the event a written appeal is received within the time required, the Zoning Administrator must transmit to the City Clerk the appeal request and the resolution disapproving the Site Plan application. The City Clerk must file the appeal with the City Council at its next regular meeting.

      17-13-0805-C The City Council Committee on Zoning, Landmarks and Building Standards must hold a hearing on the appeal at such time and place as it determines. The hearing must be conducted and a record of the proceedings must be made in such manner and according to such procedures as the Committee on Zoning, Landmarks and Building Standards prescribes by rule.

      17-13-0805-D The City Council is the final decision-making body on appeals of disapproved site plans. The City Council may act by simple majority vote.

(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, § 276)

17-13-0900 Special uses.

   17-13-0901 Purpose. Special uses are uses that, because of their widely varying land use and operational characteristics, require case-by-case review in order to determine whether they will be compatible with surrounding uses and development patterns. Case-by- case review is intended to ensure consideration of the special use's anticipated land use, site design and operational impacts.

   17-13-0902 Applications.

      17-13-0902-A Filing. An application for a special use must be filed with the Zoning Board of Appeals.

      17-13-0902-B Contents.

         1.   General. Applications for special use approval must include such information required by the Zoning Board of Appeals.

         2.   Waste-Related Uses. In addition to any other general information required to be submitted with a special use application, the following specific information must accompany any special use application for an incinerator, hazardous waste treatment or storage facility, resource recovery facility, reprocessable construction/demolition material facility, transfer station, or liquid waste handling facility, or sanitary landfill:

            (a)   Surrounding land use report, including a description of the nature and intensity of surrounding land uses and the anticipated impact of the proposed special use upon surrounding land uses and property values. The report must also assess the number of existing and closed waste-related uses within a 3-mile radius of the proposed site and the proximity of the proposed facility to residential uses and schools.

            (b)   Environmental assessment of facility siting, including a description of the physical, geographical, geological, and soil conditions of the site and surrounding area to assess the suitability of the site for the proposed special use. An analysis of the impact of the proposed special use upon the surrounding area and the dynamic physical environment, including but not limited to critical wildlife habitats, fluvial systems, natural wetlands, air quality, water quality, flora and fauna, and public health must be submitted. The assessment must also evaluate potential risk and effects of accidental releases, fires or explosions on surrounding communities, and must analyze alternatives to the proposed facility and address their costs and impact on the environment.

            (c)   An end-use plan describing the proposed use of the site after terminating use of the facility.

         3.   Business live/work units. In addition to any other general information required to be submitted with a special use application, the following specific information must accompany any special use application for a business live/work unit:

            (a)   Description of the nature of the work activities to be performed in the business live/work unit.

            (b)   Floor plan that identifies those areas to be used as living space and those areas to be used as work space and a table showing the square footage devoted to each.

         4.   Indoor Event Venues. In addition to any other general information required to be submitted with a special use application, the following specific information must accompany any special use application for an indoor event venue:

            (a)   A traffic study or traffic management plan which sets forth methods to mitigate any potential adverse impact or effect on traffic flow or parking in the surrounding area;

            (b)   a plan of operation to mitigate any adverse impact or effect on the general welfare of the neighborhood or community;

            (c)   a security plan including provisions made for private security personnel and for handling emergencies, providing sufficient personnel and equipment to protect public safety at the premises; and

            (d)   proof of adequate off-street parking as required under Chapter 17-10.

   17-13-0903 Recommendation – Zoning Administrator. The Zoning Administrator must review each proposed special use application and forward a recommendation on the proposal to the Zoning Board of Appeals before the Board's public hearing.

   17-13-0904 Hearing. The Zoning Board of Appeals must hold a hearing to consider the special use application. Written, Published and Posted Notice of the Zoning Board of Appeals' public hearing must be provided in accordance with Sec. 17-13-0107-A, Sec. 17-13-0107-B and Sec. 17-13-0107-C.

   17-13-0905 Approval Criteria.

      17-13-0905-A General Criteria. Except as otherwise expressly provided in this Zoning Ordinance, no special use application may be approved unless the Zoning Board of Appeals finds that the proposed use in its proposed location meets all of the following criteria:

         1.   complies with all applicable standards of this Zoning Ordinance;

         2.   is in the interest of the public convenience and will not have a significant adverse impact on the general welfare of the neighborhood or community;

         3.   is compatible with the character of the surrounding area in terms of site planning and building scale and project design;

         4.   is compatible with the character of the surrounding area in terms of operating characteristics, such as hours of operation, outdoor lighting, noise, and traffic generation; and

         5.   is designed to promote pedestrian safety and comfort.

      17-13-0905-B Waste-Related Uses Approval Criteria.

         1.   Specific Criteria. No special use application for a waste-related use may be approved unless the Zoning Board of Appeals finds that the special use meets the General Criteria of Sec. 17-13-0905 and all of the following specific criteria:

            (a)   is necessary to accommodate the waste removal needs of the area it is intended to serve;

            (b)   is located outside the boundary of the 100-year flood plain as determined by the Illinois Department of Transportation, or the site is flood- proofed to meet the standards and requirements of the Department of Transportation and is approved as flood- proofed by said Department;

            (c)   is designed to minimize the danger to the surrounding area from fires, spills or other operational accidents;

            (d)   is so designed and located as to minimize the impact on existing traffic flow in the surrounding area;

            (e)   is designed and proposed to be operated so as to minimize adverse impacts on air, land and water quality by using the best commercially available pollution control technology;

            (f)   is located and operated so as to minimize adverse affects on the economic development potential of the area, and on the value of surrounding property; and

            (g)   is so designed, located and proposed to be operated that the public health, safety and welfare will be protected.

         2.   Review Factors. In reviewing an application for a special use for any sanitary landfill, liquid waste handling facility, resource recovery facility or incinerator, the Zoning Board of Appeals must consider the following factors:

            (a)   the impact of the proposed facility on air, land and water pollution levels in the area;

            (b)   the physical characteristics of the land on which the facility is to be located;

            (c)   the number of existing and closed waste treatment facilities and disposal sites within a 3-mile radius of the proposed site; and

            (d)   the proximity of the facility to residential uses and schools.

         3.   In reviewing an application for a special use for a sanitary landfill, the Zoning Board of Appeals must evaluate whether the facility would meet the following criteria:

            (a)   The operation of the proposed facility would not increase noise beyond levels permitted in Chapter 11-4 of the Municipal Code.

            (b)   The site must be designed to provide a buffer zone of at least 500 feet from the interior of the liner to the property line. Natural barriers, such as highways, rail lines or manufacturing uses may be included in the measurement.

            (c)   The site must be located in areas with fine grain soil or with soil of relatively low permeability.

         4.   In reviewing an application for a special use for an incinerator or resource recovery facility, the Zoning Board of Appeals must evaluate whether the facility would meet the following criteria:

            (a)   The operation of the proposed facility would not increase noise beyond levels permitted in Chapter 11-4 of the Municipal Code.

            (b)   The operation of the proposed facility provides adequate monitoring and control of emissions of hazardous substances.

            (c)   The site must be designed to provide a buffer zone of at least 100 feet.

      17-13-0905-C Special Uses in PMDs. In acting on any special use application within a planned manufacturing district, the Zoning Board of Appeals must apply the General (approval) Criteria of Sec. 17-13-0905 and make specific findings on the probable effects of the proposed use on:

         1.   existing manufacturing activities, including the potential for land use conflicts and nuisance complaints; and

         2.   efforts to market other property within the planned manufacturing district for industrial use.

      17-13-0905-D Adult Uses.

         1.   Approval Criteria. No special use application for an adult use may be approved unless the Zoning Board of Appeals finds that the special use complies with all of the following criteria:

            (a)   the use will not increase crime in the neighborhood in which it is located;

            (b)   the use will not adversely affect other commercial or industrial enterprises in the surrounding area;

            (c)   the use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located;

            (d)   the use will not have an adverse effect on traffic-flow or parking within the surrounding area;

            (e)   the use will not generate noise levels that would disrupt the peace and enjoyment of surrounding areas;

            (f)   the use will not have an adverse effect on the character of the surrounding neighborhood because of the hours of operation of use;

            (g)   the use will not be inconsistent with the exterior appearance of other commercial establishments;

            (h)   the use will conform to the applicable regulations of the district in which it is to be located; and

            (i)   the use complies with all other applicable city standards, including those of Sec. 17-9-0101.

         2.   Basis for Decision-Making.

            (a)   The decision of the Zoning Board of Appeals to approve or deny a special use application for an adult use must be based solely on the approval criteria set forth in this section, and all such considerations must be applied consistently with the applicant's constitutional rights, as contained in the First, Fifth and Fourteenth Amendments of the United States Constitution, and Sections 2 and 4 of Article I of the Illinois Constitution. The Zoning Board of Appeals must approve any such application unless substantial evidence is presented that demonstrates that the application fails to meet at least one of the criteria set forth in Sec. 17-13-0905-D1.

            (b)   For purposes of this section, the phrase "substantial evidence'‘ means more than a de minimis quantum of evidence. If substantial evidence is adduced, this section may not be construed to impose a burden of proof on any party objecting to an application other than proof by a preponderance of the evidence.

         3.   Time-Frame for Decision-Making. If the Zoning Board of Appeals does not render a final decision on a special use application for an adult use within 120 days after the application is filed, the application will be considered to be approved, provided that this limitation does not apply during any period of time during which consideration of the application has been delayed at the request of the applicant.

      17-13-0905-E Business live/work units. No special use application for a business live/work unit may be approved unless the Zoning Board of Appeals finds that the special use meets the general criteria of Section 17-13-0905 and all of the following specific criteria:

         1.   The floor plan for the business live/work unit provides a functional and open area for a bona fide commercial use.

         2.   The business live/work unit is easily identified as a business and conveniently accessible by clients, employees and other business visitors.

         3.   The establishment of the business live/work unit will not impair the retention or creation of commercial uses in the surrounding neighborhood.

         4.   Each business live/work unit has been designed to ensure that the residential space meets basic habitability requirements in compliance with Section 14B-4-419 of the Municipal Code and any other applicable codes, ordinances, laws, rules, and regulations.

         5.   The residents of the business live/work unit will not be subject to unreasonable noise, odors, vibration or other potentially harmful environmental conditions.

      17-13-0905-F Reserved.

      17-13-0905-G Community Meeting. Before a public hearing is held by the Zoning Board of Appeals, as provided for in Section 17-13-0904, to consider a special use application for a cannabis business establishment, the applicant must hold at least one community meeting in the ward in which the cannabis business establishment is proposed to be located for the purpose of explaining the proposal and soliciting comments on it. Such community meeting must be held no later than two weeks prior to the date of the anticipated special use hearing before the Zoning Board of Appeals; 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 Chairman of the Zoning Board of Appeals and the Alderman of the ward in which the cannabis business establishment is proposed to be located in writing of the time, place and purpose of the community meeting. The applicant must publish notice of the community meeting in a newspaper of general circulation within the ward and the applicant must send written notice by USPS first class mail to the property owner of the subject property and to all property owners within 250 feet of the property lines of the subject property. Such applicant shall furnish a complete list of the names and last known addresses of the persons provided with such written notice as well as a written affidavit certifying compliance with such written notice to the Chairman of the Zoning Board of Appeals on or before the public hearing is held by the Zoning Board of Appeals, in a form prescribed by the Commissioner of the Department of Planning and Development. No special use application for a cannabis business establishment may be approved unless the Zoning Board of Appeals finds that the special use criteria of this Section has been satisfied.

   17-13-0906 Conditions of Approval. When the anticipated impacts of a special use are determined to have the potential for adverse impacts on surrounding property, the special use must be denied or conditions must be placed on the approval to ensure that any adverse impacts will be mitigated. The Zoning Administrator may recommend and the Zoning Board of Appeals may impose such conditions upon the site planning, design, location and operation of a special use.

   17-13-0907 Action by Zoning Board of Appeals. The Zoning Board of Appeals is the final decision- making body on special use applications. A concurring vote of 3 members of the Zoning Board of Appeals is necessary to approve a special use application.

   17-13-0908 Inaction by Zoning Board of Appeals. If the Zoning Board of Appeals does not render a final decision on a special use application for an adult use, firearms dealer, or religious assembly use within 120 days after a complete application is filed, the application will be considered approved, provided that this limitation does not apply to periods of time during which consideration of the application has been delayed at the request or cause of the applicant.

   17-13-0909 Lapse of Approval; Discontinuance.

      17-13-0909-A An order of the Zoning Board of Appeals granting approval of a special use application is valid for 12 months from the date of such order unless a complete application for a building permit is submitted and diligently pursued or the use is commenced. If a complete building permit application is not submitted or the use is not commenced within such time, the approval will lapse and become null and void.

      17-13-0909-B The Zoning Board of Appeals may, at its discretion and upon adequate showing of good cause, extend the period of validity of special use approval for a period not to exceed 12 months. To grant such extension the Zoning Board of Appeals must receive a written request from the applicant stating the reasons for the proposed extension. Such extension request must be made before expiration of the special use approval.

      17-13-0909-C If a special use is discontinued for a period of 6 months or longer, such special use will be considered abandoned and become null and void. Any subsequent reinstatement of the special use will require special use approval pursuant to the procedures of this section.

   17-13-0910 Amendments to Special Uses. A change or increase in the area, bulk or function of any existing special use, or from those conditions specified by the Zoning Board of Appeals at the time of approval, will constitute and be deemed the same as a new special use and will require special use approval pursuant to all procedures of this section.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 6-27-12, p. 30744, §§ 5, 6; Amend Coun. J. 6-25-14, p. 83727, § 15; Amend Coun. J. 9-24-15, p. 7499, § 9; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 113; Amend Coun. J. 10-16-19, p. 7854, § 8; Amend Coun. J. 10-7-20, p. 21791, Art. VII, § 29; Amend Coun. J. 7-20-22, p. 50878, § 7; Amend Coun. J. 7-17-24, p. 14728, § 5)

17-13-1000 Administrative adjustments.

   17-13-1001 Purpose. The administrative adjustment procedures of this section are intended to provide a streamlined approval procedure for minor modifications of selected zoning standards. Administrative adjustments are intended to:

      17-13-1001-A allow development that is more in keeping with the established character of the neighborhood, as opposed to development that is in strict compliance with zoning standards;

      17-13-1001-B provide flexibility that will help promote rehabilitation and reuse of existing buildings when such flexibility will not adversely affect nearby properties or neighborhood character; and

      17-13-1001-C provide limited flexibility for new construction when necessary to address unusual development conditions when such flexibility will not adversely affect nearby properties or neighborhood character.

   17-13-1002 Applicability. The administrative adjustment procedures of this section may be used as expressly authorized in Sec. 17-13-1003, provided that, in the case of new development, any request for more than 4 administrative adjustments must be reviewed as variations, in accordance with Sec. 17-13-1100.

   17-13-1003 Authorized Administrative Adjustments. The Zoning Administrator has the authority to review and approve the following administrative adjustments:

      17-13-1003-A Lot Area.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to permit development on a lot that would otherwise be prohibited solely because the lot does not comply with the minimum lot area standards of Sec. 17-2-0301-A, but in no event may the area of the lot be less than 90% of the required minimum lot area.

         2.   Such an administrative adjustment may be approved only when the Zoning Administrator determines that the proposed adjustment meets the general approval criteria of Sec. 17-13-1007-B.

      17-13-1003-B Floor Area Ratio in RS1 and RS2.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to increase the maximum floor area ratio for a detached house in an RS1 or RS2 district, provided that the increase does not result in a floor area ratio of more than 0.60 in the RS1 district or more than 0.75 in the RS2 district.

         2   Such an administrative adjustment may be approved only when the Zoning Administrator determines that the proposed adjustment meets the general approval criteria of Sec. 17-13-1007-B.

      17-13-1003-C Floor Area Ratio of Public and Civic Uses.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to allow any permitted Public and Civic use in an R district to exceed the applicable floor area ratio by up to 10% over the otherwise applicable maximum. The Zoning Administrator is authorized to approve an administrative adjustment to allow any permitted Public or Civic use in a B or C district to exceed the applicable floor area ratio by up to 20% over the otherwise applicable maximum. (See Sec. 17-17-0103 for a description of uses classified in the public and civic use group)

         2.   Such an administrative adjustment may be approved only when the Zoning Administrator determines that the proposed adjustment meets the general approval criteria of Sec. 17-13-1007-B.

      17-13-1003-D Floor Area Ratio Bonuses.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to award a floor area bonus under Sec. 17-4-1000 to any existing development in a DC-16 or DX-16 district, which is nonconforming with respect to the applicable floor area ratio standards, provided such floor area bonus does not exceed 5% of the floor area in existence as of the effective date of this amendatory ordinance.

         2.   Such an administrative adjustment may be approved only when the Zoning Administrator determines that the proposed adjustment meets the general approval criteria of Sec. 17-13-1007-B.

      17-13-1003-E Porch and Stairwell Enclosures.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to allow the enclosure of any existing rear open porch or side stairwells for residential buildings that were legally established but that would otherwise be prohibited solely because of applicable floor area ratio limits.

         2.   Such an administrative adjustment may be approved only when the Zoning Administrator determines that the proposed adjustment meets the general approval criteria of Sec. 17-13-1007-B.

      17-13-1003-F Below-Grade Terraces.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment for below-grade terraces in required front setbacks.

         2.   Such an administrative adjustment may be approved only when:

            (a)   the Zoning Administrator receives written certification from the Mayor's Office for People with Disabilities that such an adjustment is necessary to accommodate a Type A unit; or

            (b)   the Zoning Administrator determines that proposed adjustment will allow development that matches the predominate context of existing development on the block and that it meets the general approval criteria of Sec. 17-13-1007-B.

      17-13-1003-G Setbacks in Landmark Districts.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to reduce the depth of a front setback, rear setback or side setback for buildings in official Chicago Landmark Districts.

         2.   Such an administrative adjustment may be approved only when the Zoning Administrator determines that such a reduction would match the predominate yard depth of buildings contributing to the district's character when such setback reduction is approved by the Commission on Chicago Landmarks.

      17-13-1003-H Side Setbacks for Detached Houses on 24+-foot lots. The Zoning Administrator is authorized to approve an administrative adjustment to permit a reduction of up to 50% in the depth of a required side setback when such reduction is necessary to accommodate construction of a 20-foot wide detached house on a lot that is 24 feet or more in width.

      17-13-1003-I Other Setbacks.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to permit a reduction of up to 50% in the depth of any setback required by the applicable zoning district regulations when such reduction would match the predominate yard depth of existing buildings on the block. Townhouse developments are not eligible for this administrative adjustment.

         1.5.   The Zoning Administrator is authorized to approve an administrative adjustment to permit an upper-story building addition that follows the existing setback of the exterior building wall directly beneath the proposed addition.

         2.   Such administrative adjustments may be approved only when the Zoning Administrator determines that the proposed setback reduction meets the general approval criteria of Sec. 17-13-1007-B.

      17-13-1003-J Height of Decks and Patios in Required Open Space.

         1.   The Zoning Administrator is authorized to allow required open space to be located on a deck or patio located more than 4 feet above ground.

         2.   Such an administrative adjustment may be approved only when the Zoning Administrator determines that:

            (a)   such adjustment will provide open space that is more functional and usable than would strict compliance with the standards of this section;

            (b)   the minimum applicable open space area standard will be met; and

            (c)   the proposed adjustment meets the general approval criteria of Sec. 17-13-1007-B.

      17-13-1003-K Rear Yard Open Space.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to minimum rear yard open space standards.

         2.   Such an administrative adjustment may be approved only when the Zoning Administrator determines that:

            (a)   the proposed adjustment is necessary to accommodate the construction of customary accessory structures or building additions;

            (b)   the proposed adjustment will be in keeping with the established character of rear yard areas on the block; and

            (c)   the proposed adjustment meets the general approval criteria of Sec. 17-13-1007-B.

      17-13-1003-L Building Height – General.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to allow an increase of up to 10% in the height of a building that does not comply with applicable zoning district height limits.

         2.   Such an administrative adjustment may be approved for an existing building only when the Zoning Administrator determines that:

            (a)   such an increase would be consistent with the general character of development on the block and

            (b)   the proposed adjustment meets the general approval criteria of Sec. 17-13-1007-B.

         3.   Such an administrative adjustment may be approved for a new building only when the Zoning Administrator determines that:

            (a)   such an increase would not result in a building that was taller than buildings on abutting lots;

            (b)   such an increase would be consistent with the general character of development on the block; and

            (c)   the proposed adjustment meets the general approval criteria of Sec. 17-13-1007-B.

      17-13-1003-M Shared housing units.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to allow the establishment of a shared housing unit in a nonconforming dwelling unit in a C, M or DS district.

         2.   Such administrative adjustment may be approved only when the Zoning Administrator determines, upon submission of proof by the shared housing host that:

            (a)   the nonconforming dwelling unit is a lawfully established dwelling unit, which contains 6 or fewer sleeping rooms; and

            (b)   prior to June 22, 2016, such nonconforming dwelling unit, or any portion therein, was listed on a platform, as defined in Sec. 4-13-100, for rental for transient occupancy by guests; and

            (c)   such nonconforming dwelling unit is otherwise eligible under Chapter 4-14 of the Municipal Code of Chicago to be registered as a shared housing unit; and

            (d)   the proposed adjustment meets the general approval criteria of Sec. 17-13-1007-B.

      17-13-1003-N Building Height Increases for Additional Rear Setback.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to increase allowed building height in RS1, RS2, or RS3 districts by up to 10% in exchange for increased rear setback depth.

         2.   Up to one foot of additional height may be allowed for each 2 feet of rear setback provided in excess of the required minimum setback.

         3.   Such an administrative adjustment may be approved only when the Zoning Administrator determines that the proposed adjustment meets the general approval criteria of Sec. 17-13-1007-B.

      17-13-1003-O Building Height – Near North Historic Overlay District No. 1 and Near North Historic Overlay District No. 2.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to allow an increase in the height limits of Sec. 17-7-0203-A or Sec. 17-7-0303-A by up to 10%.

         2.   Such an administrative adjustment may be approved only when the Zoning Administrator determines that the proposed administrative adjustment meets the general approval criteria of Sec. 17-13-1007-B.

      17-13-1003-P Pedestrian Streets – Building Location Standards.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to the Building Location standards of Sec. 17-3-0504-B and Sec. 17-4-0504-B.

         2.   Such an administrative adjustment may be approved only when the Zoning Administrator determines that:

            (a)   useable public spaces or pedestrian amenities (e.g., extra-wide sidewalk, plaza with seating or outdoor dining area) are provided between the building and the pedestrian street property line and

            (b)   the proposed adjustment meets the general approval criteria of Sec. 17-13-1007-B.

      17-13-1003-Q Pedestrian Streets – Transparent Window Standards.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to the transparent window area standards of Sec. 17-3-0504-C and Sec. 17-4-0504-C to allow up to a 25% reduction in the amount of transparent window area required.

         2.   Such an administrative adjustment may be approved only when the Zoning Administrator determines that (1) such a reduction will be offset by the provision of other pedestrian amenities or building or site design features that are not otherwise required and (2) the proposed adjustment meets the general approval criteria of Sec. 17-13-1007-B.

      17-13-1003-R Pedestrian Streets – Door and Entrance Standards.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to the Door and Entrance standards of Sec. 17-3-0504-D and Sec. 17-4-0504-D to allow a side building entrance.

         2.   Such an administrative adjustment may be approved only when the Zoning Administrator determines that:

            (a)   a safe pedestrian walkway not exceeding 20 feet in length is provided between the building entrance and the sidewalk abutting the pedestrian street and

            (b)   the proposed adjustment meets the general approval criteria of Sec. 17-13-1007-B.

      17-13-1003-S Driveway and Vehicle Access Standards.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to the Driveway and Vehicle Access standards of Sec. 17-2-0402-B, Sec. 17-3-0504-G , Sec. 17-4-0700, and Sec. 17-7-0413-A1.

         2.   Such an administrative adjustment may be approved only when the Zoning Administrator determines, in consultation with the Chicago Department of Transportation that:

            (a)   access to the subject lot cannot be safely accommodated by alley or side (non- Pedestrian) street access and

            (b)   the proposed adjustment meets the general approval criteria of Sec. 17-13-1007-B.

      17-13-1003-T Special Districts.

         1.   Lot Frontage and Setbacks in SD-1, SD-2 and SD-8 districts. The Zoning Administrator is authorized to approve an administrative adjustment to permit a reduction of up to 10% of the minimum lot frontage required within the SD-1 or SD-2 Overlay District.

         2.   Building Height, Building Orientation and Access in SD 10 Districts. The Zoning Administrator is authorized to approve the following administrative adjustments in the SD-10 Overlay District:

            (a)   to permit a building height increase of up to 10%; and

            (b)   to waive or modify the building orientation and parking access requirements for parcels lacking alley access or for other circumstances that present hardship conditions.

         3.   [Reserved.]

         4.   Approval Criteria. Administrative adjustments in Special Districts may be approved only when the Zoning Administrator determines that the proposed adjustment meets the general approval criteria of Sec. 17-13-1007-B.

      17-13-1003-U Townhouses – Spacing Between Rows of Townhouses.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to permit a reduction of up to 2 feet in the depth of required spacing between rows of townhouses as required under Sec. 17-9-0117-E5 or Sec. 17-9-0117-F6*.

* Editor's note – Coun. J. 9-13-06, p. 84870, § 1, renumbered § 17-9-0117 as § 17-2-0500.

         2.   Such an administrative adjustment may be approved only when the Zoning Administrator determines that the proposed adjustment meets the general approval criteria of Sec. 17-13-1007-B.

      17-13-1003-V Townhouses – Depth of Private Yards.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to permit a reduction of up to 2 feet in the depth of any required 10- or 12-foot yard required by Sec. 17-9-0117*.

* Editor's note – Coun. J. 9-13-06, p. 84870, § 1, renumbered § 17-9-0117 as § 17-2-0500.

         2.   Such an administrative adjustment may be approved only when the Zoning Administrator determines that (1) any such reduction does not violate the private yard requirements of Sec. 17-9-0117-H*; (2) such reduction is required because the lot has substandard lot depth; and (3) the proposed adjustment meets the general approval criteria of Sec. 17-13-1007-B.

* Editor's note – Coun. J. 9-13-06, p. 84870, § 1, renumbered § 17-9-0117 as § 17-2-0500.

      17-13-1003-W Building (Wall) Separation and On-Site Open Space.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment allowing alternative compliance with the building wall separation and on-site open space standards of Sec. 17-2-0310, Sec. 17-3-0407, Sec. 17-2-0308 and Sec. 17-4-0410.

         2.   Such an administrative adjustment may be approved only when the Zoning Administrator determines that:

            (a)   The administrative adjustment is necessary to address unique lot or building conditions and

            (b)   that the proposed alternative will provide open space, common recreation area or environmental amenities that will off-set the absence of separations provided in strict compliance with this section.

         3.   Before approving an administrative adjustment of applicable building separation standards, the applicant must prepare and submit a site plan for review and approval in accordance with the procedures of Sec. 17-13-0800.

      17-13-1003-X Ground-floor Commercial Space.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to reduce the ground-floor commercial floor area requirement of Sec. 17-3-0305 by up to 20%.

         2.   Such an administrative adjustment may be approved only when the Zoning Administrator determines that the proposed adjustment meets the general approval criteria of Sec. 17-13-1007-B.

      17-13-1003-Y Nonconforming Use Substitutions and Expansions.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to allow those nonconforming use substitutions and nonconforming use expansions expressly authorized as administrative adjustments in Sec. 17-15-0302 and Sec. 17-15-0303.

         2.   Such administrative adjustments may be approved only when the Zoning Administrator determines that the proposed adjustment meets the applicable approval criteria of Sec. 17-15-0302 and Sec. 17-15-0303. No written notice is required for such administrative adjustments.

      17-13-1003-Z Nonconforming Licensed Taverns.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to permit the issuance of a new license in substitution for an existing nonconforming licensed tavern in an R district, subject to all other applicable provisions of Chapter 17-15.

         2.   Such an administrative adjustment will not become effective without a hearing before the City Council Committee on Zoning, Landmarks and Building Standards and without being approved by the City Council.

            (a)   The Zoning Administrator must transmit the resolution granting the administrative adjustment to the City Clerk who must file the resolution with the City Council at its next regular meeting.

            (b)   The Committee on Zoning, Landmarks and Building Standards must hold a hearing on the resolution at such time and place as determined by the Committee on Zoning, Landmarks and Building Standards. The hearing must be conducted and a record of the proceedings must be preserved in such manner and according to the rules of the Committee on Zoning, Landmarks and Building Standards.

            (c)   If the administrative adjustment is denied by the Zoning Administrator, the applicant may appeal the decision to the Committee on Zoning, Landmarks and Building Standards and the City Council by filing a written request with the Zoning Administrator within 7 days of the Zoning Administrator's decision. In the event a written request is submitted within the time required, the Zoning Administrator must transmit the resolution denying the administrative adjustment without delay to the City Clerk. The City Clerk must file all such resolutions with the City Council at its next regular meeting. The Committee on Zoning, Landmarks and Building Standards must hold a hearing on the resolution at such time and place as determined by the Committee on Zoning, Landmarks and Building Standards. The hearing must be conducted and a record of the proceedings must be preserved in such manner and according to the rules of the Committee on Zoning, Landmarks and Building Standards.

      17-13-1003-AA Frontage on Private Street.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to permit a front property line along a private street in an RS3, RT3.5, RT4, RM4.5 or RM5 district.

         2.   Such an administrative adjustment may be approved only when the Zoning Administrator determines that:

            (a)   all property owners fronting on the private street have been granted a perpetual easement for pedestrian and vehicular ingress and egress;

            (b)   lighting, continued maintenance, snow removal and regular street cleaning are provided;

            (c)   design and construction thereof will not result in any adverse affect upon any adjacent private or public property; and

            (d)   the design accommodates emergency vehicle access which access must be provided and maintained at all times.

         3.   The Alderman of the ward in which such administrative adjustment is sought must be notified in writing by the Zoning Administrator at least 10 working days before the Zoning Administrator's decision.

      17-13-1003-BB Existing Density. In the case of building permit applications for the repair, remodeling, or alteration of a residential building that has been in lawful existence for 20 or more years and in which there is sufficient documentary evidence provided to the Zoning Administrator that the residential building has been converted, altered or used for at least the previous 20 years from the date of application pursuant to this Section for a greater number of dwelling units than existed at the time of construction of the residential building, the Zoning Administrator is authorized to approve an administrative adjustment to make zoning certification for the total density not to exceed more than 1 unit above its original construction.

      17-13-1003-CC Parking Reduction for Detached Houses and Two-Flats.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment allowing a minimum of 1 parking space per dwelling unit in RS1, RS2 and RS3 districts.

         2.   Such an administrative adjustment may be approved only when the Zoning Administrator determines that the proposed adjustment will result in more useable open space on the lot.

      17-13-1003-DD Parking Reduction for Older Buildings.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment reducing off-street parking requirements by not more than 1 space in an RT4, RM4.5 or RM5 district or by not more than 2 spaces in an RM5.5, RM6 or RM6.5 district.

         2.   Such an administrative adjustment may be approved only when the Zoning Administrator determines that the building for which the adjustment is requested has been in lawful existence for 50 or more years and the adjustment meets the general approval criteria of Sec. 17-13-1007-B.

      17-13-1003-EE Parking Reduction for Transit-Served Locations.

      1.   The Zoning Administrator is authorized to approve an administrative adjustment reducing off-street parking requirements from the otherwise applicable standards by more than 50% as expressly authorized in Section 17-10-0102-B.

      2.   For residential buildings, the Zoning Administrator is authorized to approve an administrative adjustment increasing the number of off-street parking spaces permitted from the otherwise applicable standards up to 100% of the Minimum Automobile Parking Ratio for the applicable district listed in Section 17-10-0207 as expressly authorized in Section 17-3-0308.

      3.   For residential buildings, the Zoning Administrator is authorized to approve an administrative adjustment increasing the number of off-street parking spaces permitted from the otherwise applicable standards up to 100% of the Minimum Automobile Parking Ratio for the applicable district listed in Section 17-10-0208 as expressly authorized in Section 17-4-0301.

      4.   Such administrative adjustments may be approved only when the Zoning Administrator determines that the proposed adjustment meets the general approval criteria of Section 17-13-1007-B.

      17-13-1003-FF Off-Site Parking.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to permit off-site parking as expressly authorized in Sec. 17-10-0600.

         2.   Such an administrative adjustment may be approved only when the Zoning Administrator determines that the off-site parking arrangement complies with the standards of Sec. 17-10-0600.

      17-13-1003-GG Bicycle Parking.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment reducing the number of bicycle spaces required under Chapter 17-10.

         2.   Such an administrative adjustment may be approved only when the Zoning Administrator determines that use will not generate any bicycle traffic or that it would be impossible to provide bicycle parking at the subject location.

      17-13-1003-HH Shared Parking and Cooperative Parking Arrangements.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to permit shared and cooperative parking arrangements as expressly authorized in Sec. 17-10-0700 and Sec. 17-10-0800.

         2.   Such an administrative adjustment may be approved only when the Zoning Administrator determines that the shared or cooperative parking arrangement complies with the applicable standards of Sec. 17-10-0600 or Sec. 17-10-0800.

      17-13-1003-II Landscaping. The Zoning Administrator is authorized to approve administrative adjustments to otherwise applicable landscape standard as expressly authorized in Sec. 17-11-0600.

      17-13-1003-JJ Wireless Communications Facilities.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to permit a wireless communications facility utilizing a monopole tower structure in excess of 50 feet in height that does not meet the applicable setback from an RS1, RS2 or RT3 district and to allow a wireless communications facility not utilizing a ground-mounted tower structure that does not satisfy the requirements of Sec. 17-9-0118.

         2.   Such an administrative adjustment may be approved only when the Zoning Administrator determines that the proposed adjustment meets the general approval criteria of Sec. 17-13-1007-B.

      17-13-1003-KK Enclosed Walkways in Rear Setback.

         1.   The Zoning Administrator is authorized to approve an administrative adjustment to permit an enclosed or partially enclosed walkway, connecting garage space to the principal building, to encroach into the required rear setback.

         2.   Such administrative adjustments may be approved only when the Zoning Administrator determines that the proposed setback reduction meets the general approval criteria of 17-13-1007-B.

      17-13-1003-LL Reduction of EVSE Requirements for Affordable Housing. The Zoning Administrator is authorized to approve an administrative adjustment to reduce the percentage of EVSE-ready spaces or EVSE-installed spaces required by Section 17-10-1011-A(2) to the applicable value specified below for "affordable housing" as defined in the Illinois Electric Vehicle Charging Act.

 

Permit Application Date	Minimum Percentage Required
Before November 1, 2025	At least 20 percent
November 1, 2025, through October 31, 2028	At least 40 percent
November 1, 2028, through October 31, 2033	At least 50 percent
November 1, 2033, or after	At least 70 percent

 

   17-13-1004 Applications. An application for an administrative adjustment must be filed with the Zoning Administrator.

   17-13-1005 Public Notice. Written notice of the filing of an administrative adjustment request must be provided in accordance with Sec. 17-13-0107-A.

   17-13-1006 Review and Decision – Zoning Administrator. The Zoning Administrator must review each application for an administrative adjustment and act to approve, approve with conditions, or deny the application based on the General Approval Criteria of Sec. 17-13-1007-B and any other specific approval criteria expressly established in this Zoning Ordinance. The Zoning Administrator may not take final action on an administrative adjustment application until at least 10 days after the date that notices were mailed to abutting property owners.

   17-13-1007 Approval Criteria.

      17-13-1007-A Administrative adjustments may be approved by the Zoning Administrator only when the Zoning Administrator determines that the specific approval criteria associated with the authorized administrative adjustment have been met.

      17-13-1007-B General Criteria. When the approval criteria associated with authorized administrative adjustments require compliance with the General Criteria of this paragraph, the Zoning Administrator may approve such adjustment only upon determining that all of the following criteria have been met:

         1.   the requested administrative adjustment is consistent with the stated purpose and intent of this Zoning Ordinance (See Sec. 17-1-0500);

         2.   the requested administrative adjustment eliminates an unnecessary inconvenience to the applicant and will have no appreciable adverse impact on the health, safety, or general welfare of surrounding property owners or the general public; and

         3.   any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum extent feasible.

   17-13-1008 Conditions of Approval. In granting an administrative adjustment, the Zoning Administrator may impose conditions upon the subject property that are necessary to reduce or minimize any potentially adverse impacts on other property in the neighborhood, and to carry out the stated purpose and intent of this Zoning Ordinance (See Sec. 17-1-0500).

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391; Amend Coun. J. 9-13-06, p. 84870, § 2; Amend Coun. J. 4-9-08, p. 25656, § 2; Amend Coun. J. 11-8-12, p. 38872, §§ 277, 278; Amend Coun. J. 9-11-13, p. 60173, § 9; Amend Coun. J. 11-5-14, p. 96201, § 2; Amend Coun. J. 3-18-15, p. 105476, § 11; Amend Coun. J. 5-18-16, p. 24993, § 12; Amend Coun. J. 6-22-16, p. 27712, § 16; Amend Coun. J. 7-26-17, p. 53898, § 8; Amend Coun. J. 7-20-22, p. 50878, § 7; Amend Coun. J. 9-14-23, p. 2842, § 3)