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Editor's note – Council J. 11-19-08, p. 47220, Art. VII, § 1, deleted a former § 17-14-0101-C, which pertained to the Department of Planning and Development.
(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. 11-26-13, p. 67481, Art. I, § 30)
17-14-0201 Creation. The Department of Planning and Development is created under Chapter 2-45 of the Municipal Code of Chicago and is under the direction of the Commissioner of Planning and Development. The Commissioner of Planning and Development is authorized to administer Section 17-17-02164. This authority includes the power to promulgate any rules, regulations, and procedures necessary to administer that section.
17-14-0202-I receiving, considering and deciding all requests for administrative adjustments, as specified in Sec. 17-13-1000;
17-14-0202-K issuing from time to time such reasonable rules and regulations and amendments thereto pertaining to the landscaping and screening regulations contained in Chapter 17-11 as are necessary or appropriate to carry out the purposes of those regulations; (Such rules may not be inconsistent with this Zoning Ordinance and may govern, without limitation, the form and content of permit application documentation, the manner of landscape material and soil installation, the required type and quality of landscape materials, the manner of maintenance and the location and configuration of parking areas and plant material)
1. the parcel of land is presently improved with a nonconforming structure that has been in existence for at least 50 years;
2. the waiver does not permit more than a cumulative 10% increase in the bulk and density that has been in existence for 50 or more years; and
3. that, in the opinion of the Zoning Administrator, the application complies with all applicable approval criteria for variations, as described in Sec. 17-13-1107.
17-14-0202-M Notwithstanding any other ordinance or provision of this Municipal Code, the Zoning Administrator is authorized to issue zoning certification for a liquor license for a special club licensed pursuant to Chapter 4-388, and located in the Wrigley Field Adjacent Area as defined in Section 4-388-010(b). Additionally, the Zoning Administrator may waive any applicable setback requirement for a building in the Wrigley Field Adjacent Area that existed as of January 1, 1999, if such a waiver is necessary to effectuate the special club license provisions of Chapter 4-388. The Zoning Administrator may waive any bulk and density standards so long as the waiver does not permit more than a cumulative 15% variation from the bulk and density of the parcel that lawfully existed in the Wrigley Field Adjacent Area as of January 1, 1999, if such a waiver is necessary to effectuate the Special Club License Provisions of Chapter 4-388.
17-14-0202-N Notwithstanding any other ordinance or provision of the Municipal Code, the Zoning Administrator is authorized to issue a zoning certification for a liquor license for consumption on the premises, in connection with the operation of an established food-serving facility in any building located on land owned by the Chicago Park District if approved by the Chicago Park District Commissioners.
17-14-0202-O Examining all plans submitted to the Department of Buildings for conformity with the Zoning Ordinance, and granting all zoning approvals in connection with the issuance of permits for the construction of buildings or structures, including, without limitation, landscaping approvals and determination of the amount of any open space impact fees payable under Chapter 16-18 of the Municipal Code.
17-14-0202-P In connection with land located within the Airport Layout Plan that has been acquired by the city, the Zoning Administrator is authorized to examine and approve all building plans as required by subsection 17-14-0202-O as if the land was part of the Airport Planned Development. For the purposes of this section, the terms "Airport Layout Plan" and "Airport Planned Development" shall have the same meaning as set forth in Section 17-13-0613;
17-14-0202-Q receiving from the City Council Committee on Zoning all applications for an amendment for a planned development, making an investigation relative thereto and making recommendations thereon to the City Council Committee on Zoning;
17-14-0202-R receiving from the Zoning Board of Appeals all applications for special uses, making an investigation relative thereto and making recommendations thereon and forwarding such recommendations to the Zoning Board of Appeals;
17-14-0202-S promulgating rules, regulations and procedures from time to time, relating to proposed planned development amendments and other rules, regulations and procedures to proposed text amendments to the Chicago Zoning Ordinance from time to time.
(Added Coun. J. 5-26-04, p. 25275; Amended Coun. J. 3-1-06, p. 71981, § 4; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; 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. 2-9-11, p. 112461, § 3; Amend Coun. J. 5-9-12, p. 27485, § 196; Amend Coun. J. 11-8-12, p. 38872, §§ 279, 280; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 30; Amend Coun. J. 11-12-14, p. 97375, § 3; Amend Coun. J. 12-15-21, p. 42674, § 12)
17-14-0301-A The Zoning Board of Appeals consists of 5 members and up to 2 alternate members, all appointed by the Mayor, with the consent of the City Council, provided, however that a majority of said members at the time of appointment shall be members of the Western Society of Engineers, the Chicago Real Estate Board, the Illinois Society of Professional Engineers, the Cook County Real Estate Board, the Building Manager’s Association of Chicago, the Building Construction Employer’s Association, or the Chicago Building Trades Council, or shall be an incumbent of the office of Commissioner of Planning and Development, City Architect, Superintendent of Police, or Corporation Counsel, or shall be a City resident who has had outstanding experience in zoning administration.
If a regular member of the Zoning Board of Appeals is unable to attend a meeting, the chairman or acting chairman of the Zoning Board of Appeals shall designate an alternate member to take that regular member’s place or temporarily fill a vacant regular member position, as the case may be. Alternates shall be called on a rotating basis, as they are available. If two regular member positions are vacant simultaneously, both alternate members may be designated by the chairman or acting chairman to temporarily fill those two vacant positions.
Alternate members designated to sit in place of regular members or to temporarily fill a vacant regular member position shall have the same powers and duties and be subject to the same pertinent Code provisions as regular members. When an alternate member has been designated to temporarily fill the position of a regular member, once the regular member is able to return to meetings or the new appointment of the regular member is made, the chairman shall have two options for any continued applications started at a prior meeting with the alternate member in the place of the regular member, when subsequent meetings are required until the applications are decided: (i) the alternate member may continue to sit on the continued applications at subsequent meetings until the applications are decided: or (ii) the regular member may take the position at subsequent meetings, provided they have reviewed the application materials and the prior hearing’s transcript or video. In no event shall the Zoning Board of Appeals hear any matter within its jurisdiction with more than 5 members.
The Board shall promulgate rules addressing participation in Zoning Board of Appeals meetings by alternate members.
17-14-0301-C One of the regular members of the Zoning Board of Appeals must be designated by the Mayor, with the consent of the City Council, to serve as chairman at the time of his or her appointment. The chairman will hold the office of chairman until a successor is appointed. The chairman may designate an acting chairman to serve as chairman in his or her absence.
17-14-0301-E Vacancies on the Zoning Board of Appeals must be filled for the unexpired term of the regular or alternate member whose place has become vacant. The salaries of the regular and alternate members of the Zoning Board of Appeals will be determined and fixed by the City Council in the annual appropriation ordinance.
17-14-0303-B All hearings conducted by Zoning Board of Appeals must be open to the public. Any person may appear and testify at a hearing either in person or by duly authorized agent or attorney. The chairman, or in the chairman's absence, the acting chairman, may administer oaths and compel the attendance of witnesses.
17-14-0303-C The Zoning Board of Appeals must keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and must also keep records of its hearings and other official actions. The record of hearings will not be transcribed by the court reporter unless requested by the Zoning Board of Appeals or any party interested in the hearing. The cost of the transcription must be borne by the person requesting it and in cases filed pursuant to the Administrative Review Act, the plaintiff must pay for the cost of preparing and certifying the record of proceedings, including the cost of the transcript.
17-14-0303-F In addition to the requirements of Chapter 2-154 of this Code, the Chairman of the Zoning Board of Appeals may required any such additional information from the applicant which is reasonably intended to achieve full disclosure relevant to their associated application under consideration by the Zoning Board of Appeals.
17-14-0303-G Subject to applicable law, cannabis business establishments shall include, as a part of any special use application to the Zoning Board of Appeals, copies of all information submitted to the State of Illinois in application for a license to operate under the State of Illinois' Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.) or the State of Illinois' Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.).
17-14-0304 Finality of Decisions of the Zoning Board of Appeals. All decisions and findings of the Zoning Board of Appeals, on appeal or upon application for a variation after a hearing, will, in all instances, be the final administrative determination and will be subject to review by a court as by law, may be provided.
(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 5-25-18, p. 78316, § 2; Amend Coun. J. 10-16-19, p. 7854, § 9; Amend Coun. J. 1-15-20, p. 13417, § 3; Amend Coun. J. 1-27-21, p. 26741, Art. II, § 17; Amend Coun. J. 9-20-21, p. 36844, § 7; Amend Coun. J. 10-9-24, p. 18821, § 1)
(Added Coun. J. 11-17-10, p. 106597, Art. IX, § 11)