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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 |
17-13-1005 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-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)