CHAPTER 17-15
NONCONFORMITIES

17-15-0100   General.

17-15-0200   Nonconforming lots.

17-15-0300   Nonconforming uses.

17-15-0400   Nonconforming developments.

17-15-0500   Nonconforming signs.

17-15-0600   Vintage signs.

17-15-0100 General.

   17-15-0101 Scope. The regulations of this chapter govern nonconformities, which are lots, uses, developments or signs that were lawfully established but – because of the adoption of new or amended regulations – no longer comply with one or more requirements of this Zoning Ordinance.

   17-15-0102 Intent. In older cities, such as Chicago, many buildings and uses that were established in compliance with all regulations in effect at the time of their establishment have been made nonconforming by zoning map changes (rezonings) or amendments to the Zoning Ordinance text. The regulations of this chapter are intended to clarify the effect of such nonconforming status and avoid confusion with illegal buildings and uses (those established in violation of zoning rules). The regulations are also intended to:

      17-15-0102-A recognize the interests of landowners in continuing to use their property for uses and activities that were lawfully established;

      17-15-0102-B promote maintenance, reuse and rehabilitation of existing buildings; and

      17-15-0102-C place reasonable limits on nonconformities that have the potential to adversely affect surrounding properties or the community as a whole.

   17-15-0103 Authority to Continue. Any nonconformity that existed on the effective dates specified in Sec. 17-1-0200 or any situation that becomes a nonconformity upon adoption of any amendment to this Zoning Ordinance, may be continued in accordance with the regulations of this chapter.

   17-15-0104 Determination of Nonconformity Status. The burden of proving that a nonconformity exists (as opposed to a violation of this Zoning Ordinance) rests with the subject landowner.

   17-15-0105 Repairs and Maintenance.

      17-15-0105-A Nonconformities must be maintained to be safe and in good repair.

      17-15-0105-B Incidental repairs and normal maintenance necessary to keep a nonconformity in sound condition are permitted unless otherwise expressly prohibited by this Zoning Ordinance.

      17-15-0105-C Nothing in this chapter will be construed to prevent nonconformities from being structurally strengthened or restored to a safe condition in accordance with an order from the Commissioner of Buildings.

   17-15-0106 Change of Tenancy or Ownership. Nonconforming status runs with the land and is not affected by changes of tenancy, ownership, or management.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391)

17-15-0200 Nonconforming lots.

   17-15-0201 Definition. A nonconforming lot is a tract of land lawfully established as a lot on a plat of subdivision recorded or registered, pursuant to statute, with the Recorder of Deeds of Cook County and the Ex- officio Examiner of Subdivisions of the City of Chicago that does not comply with the minimum lot area or lot width standards of the zoning district in which it is now located.

   17-15-0202 Use of Nonconforming Lots.

      17-15-0202-A In residential zoning districts, a nonconforming lot may be developed with a detached house. Moreover, if a nonconforming lot is voluntarily increased in size and still does not comply with applicable lot area or lot width standards, such lot may be developed with a detached house.

      17-15-0202-B In nonresidential zoning districts, a nonconforming lot may be developed with a use allowed within the subject zoning classification. If the zoning allows a variety of uses or a variety of intensities of uses and one or more uses or intensities would comply with applicable lot area and lot width standards, while others would not, then only the uses or intensities that comply with applicable standards are permitted.

   17-15-0203 Dimensional Standards. Development on nonconforming lots must comply with the bulk and density standards of the subject zoning classification unless otherwise expressly stated.

(Added Coun. J. 5-26-04, p. 25275)

17-15-0300 Nonconforming uses.

   17-15-0301 Definition. A nonconforming use is a land use that was lawfully established in accordance with zoning regulations in effect at the time of its establishment but that is no longer allowed by the use regulations of the zoning district in which it is now located.

   17-15-0302 Change of Use.

      17-15-0302-A A nonconforming use may be changed to any other use allowed by the subject zoning classification.

      17-15-0302-B The Zoning Administrator is authorized to approve an administrative adjustment allowing a nonconforming use to be changed to another use that is classified in the same use category (See description of "Use Groups and Categories", Sec. 17-17-0100) or to another functionally similar use, provided that the Zoning Administrator determines that the substituted use will create no greater adverse impacts on the surrounding area than the previous use. In making such a determination, the Zoning Administrator must consider all of the following factors:

         1.   hours of operation,

         2.   vehicular traffic;

         3.   the number of employees and other people expected to be attracted to the use; and

         4.   other factors likely to affect the neighborhood in which it is located.

      17-15-0302-C The Alderman of the ward in which such nonconforming use is located must be notified at the time of filing of a use substitution application with the Zoning Administrator.

      17-15-0302-D A nonconforming use of open land may not be changed to any other nonconforming use of open land.

   17-15-0303 Expansion.

      17-15-0303-A Except as otherwise expressly stated, the Zoning Administrator is authorized to approve an administrative adjustment allowing a nonconforming use to be expanded into another part of the same building, provided that the Zoning Administrator determines that such expansion:

         1.   will not result in a violation of off- street parking or loading requirements;

         2.   will not violate any applicable bulk or density standards;

         3.   will not result in greater adverse impacts on the surrounding area; and

         4.   is not expressly prohibited by Sec. 17-15-0303-B.

      17-15-0303-B The following nonconforming uses may not be expanded:

         1.   a nonconforming use of open land;

         2.   a use that is allowed under this Zoning Ordinance only as a special use (Note: allowed special uses may be expanded only in accordance with Sec. 17-13-0910);

         3.   a nonconforming business, commercial or manufacturing use in an R district unless expressly approved as a variation in accordance with Sec. 17-13-1100;

         4.   a nonconforming business or commercial use in a B or C district if such expansion triggers a requirement for additional off-street parking or loading spaces;

         5.   a nonconforming residential, business or commercial use in an M district if such expansion:

            (a)   increases the number of dwelling units or residential occupancy;

            (b)   increases the area of the zoning lot; or

            (c)   increases the floor area by more than 20%.

      17-15-0303-C Detached houses that are a nonconforming use in a B, C or M district may be expanded by up to 30% of the structure's existing floor area, provided that such expansion may not exceed the maximum allowable floor area ratio of the district in which the structure is located.

      17-15-0303-D Nonconforming coach houses on properties designated as official Chicago Landmarks or located within the boundaries of a Chicago Landmark District may be used as a dwelling unit for a single household if the Zoning Administrator determines that competent evidence exists that the coach house was previously used as a legal dwelling unit. Incidental repairs and normal maintenance necessary to keep nonconforming coach house in sound condition are permitted, but no expansions are allowed.

      17-15-0303-E Nonconforming coach houses on properties outside the boundaries of a Chicago Landmark District may continue to be occupied as dwelling units provided that they have not been continuously vacant for more than one year. Incidental repairs and normal maintenance necessary to keep nonconforming coach house in sound condition are permitted, but no expansions are allowed.

      17-15-0303-F Dwelling units that are a nonconforming use in a C, M or DS district may be registered under Chapter 4-14 of the Municipal Code of Chicago and used as a shared housing unit subject to review and approval by the Zoning Administrator in accordance with the administrative adjustments process set forth in Section 17-13-1003-LL*.

* Editor's note – As provided in Coun. J. 6-22-16, p. 27712, § 15; reference should likely be Section 17-13-1003-M.

   17-15-0304 Loss of Nonconforming Use Status.

      17-15-0304-A Discontinuance.

         1.   If a nonconforming use is discontinued for 18 continuous months or more, all nonconforming use rights are lost and re-establishment of the nonconforming use is prohibited.

         2.   If a nonconforming adult use or open use of land is discontinued for 6 continuous months or more, all nonconforming use rights are lost and re-establishment of the nonconforming use is prohibited.

         3.   If a nonconforming use ceases operations (even if the structure or equipment related to the use remain) or fails to maintain a valid business license the use will be considered to have been discontinued.

      17-15-0304-B Intentional Destruction. When a structure containing a nonconforming use is intentionally damaged by causes within the control of the owner, re-establishment of the nonconforming use is prohibited.

   17-15-0305 Discontinuance of Nonconforming Open Uses of Land.

      17-15-0305-A On or before December 31, 2006, the Zoning Administrator must complete a survey of all existing nonconforming uses of open land.

      17-15-0305-B Within 90 days of the completion of the survey, the Zoning Administrator must provide written notice, return receipt requested, to the property owners of such properties. The notice must inform the property owners of the requirements of this section (Sec. 17-15-0305).

      17-15-0305-C On or before June 1, 2010, existing nonconforming open uses of land within R districts must cease and all above-ground improvements and structures accessory to the use must be removed.

      17-15-0305-D Any open use of land in an R district that becomes nonconforming because of subsequent amendments to this Zoning Ordinance must also be rezoned or discontinued within 5 years of the effective date of the amendment that renders the use nonconforming.

   17-15-0306 Accessory Uses and Structures. A use that is accessory to a principal nonconforming use may not be continued after the principal use has been abandoned, unless the use is also an accessory use to the principal uses allowed in the subject zoning district.

   17-15-0307 Vacation rentals – Nonconforming use.

   (a)   Notwithstanding any other provision of this Zoning Ordinance, any vacation rental located in a RS3, RT3.5 or RT4 District shall be a considered as a legal nonconforming use for purposes of this Zoning Ordinance if the Zoning Administrator determines that the vacation rental was in existence and operating for more than one year prior to the effective date of this 2010 ordinance. The owner of the vacation rental shall have the burden to prove that the vacation rental meets the qualifications of this section. Proof of existence and operation shall include payment of any hotel tax, or similar tax, if applicable, and any other evidence required by the Zoning Administrator which demonstrates the existence and operation of the vacation rental. The owner of any vacation rental seeking a determination under this section shall provide such proof no later than 90 days after the effective date of this 2010 ordinance.

   (b)   Notwithstanding subsection (a), any expansion of the vacation rental shall be considered a new use.

   Nothing in this section shall be construed as authorizing the operation of a vacation rental without any license required by the Municipal Code. If an owner of a vacation rental fails to obtain a vacation rental license pursuant to Section 4-6-300 within 180 days after the effective date of this 2010 ordinance, the vacation rental shall no longer be deemed as a legal nonconforming use.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391; Amend Coun. J. 11-3-10, p. 104527; Amend Coun. J. 5-9-12, p. 27485, § 197; Amend Coun. J. 11-8-12, p. 38872, § 281; Amend Coun. J. 6-22-16, p. 27712, § 15)

17-15-0400 Nonconforming developments.

   17-15-0401 Definition. A nonconforming development is any aspect of a development – other than a nonconforming lot, nonconforming use or nonconforming sign – that was lawfully established, in accordance with zoning regulations in effect at the time of its establishment but that no longer complies with one or more standards of this Zoning Ordinance. Common examples of nonconforming developments are buildings that do not comply with current setback or height standards, off-street parking or loading areas that contain fewer spaces than required by current standards or sites that do not comply with current landscaping standards.

   17-15-0402 Continuation. Nonconforming developments may remain, subject to the regulations of this section.

   17-15-0403 Alterations and Enlargements.

      17-15-0403-A Unless otherwise expressly stated in this Zoning Ordinance, nonconforming developments may be altered or enlarged as long as the alteration or enlargement does not increase the extent of nonconformity. A building addition to an existing nonconforming development that projects further into a required setback or further above the permitted maximum height is an example of increasing the extent of nonconformity. Upper-story building additions that vertically extend existing building walls that are nonconforming with regard to front or side setback requirements will also be considered to increase the extent of nonconformity. Upper-story building additions that vertically or horizontally extend an existing building wall that is nonconforming with regard to rear yard open space or rear setback requirements will not be considered to increase the degree of nonconformity, provided that the original building was constructed before the effective dates specified in Sec. 17-1-0200 and provided such upper-story addition is set back at least 30 feet from the rear property line.

      17-15-0403-B Existing, nonconforming rear porches may be restored or reconstructed provided that the construction does not increase the extent of the nonconforming as per Section 17-15-0403-A: adequate documentation (e.g., photographs, survey) that illustrates the size, form and location of the existing porch is submitted for review; and the construction is required by the Municipal Code or court finding, or is determined necessary by the property owner for the safety of a building's occupants and users.

   17-15-0404 Damage or Destruction.

      17-15-0404-A When a structure with nonconforming elements is removed or intentionally destroyed, re-establishment of the nonconforming elements is prohibited.

      17-15-0404-B When a structure with nonconforming elements is partially damaged or totally destroyed by fire or other causes beyond the control of the property owner, the structure may be rebuilt, provided that such rebuilding does not result in a building that is more out of compliance than the building being replaced and provided that a building permit to replace the structure is obtained within 18 months of the date of damage or destruction.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391; Amend Coun. J. 9-13-06, p. 84923, § 1)