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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.
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.
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-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.
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.
17-15-0305-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).
(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)
17-15-0401 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.
17-15-0403-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-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)
17-15-0501 Policy. It is the policy of the City of Chicago to encourage that all signs within the city be brought into compliance with the requirements of Chapter 17-15. Moreover, it is the policy of the City of Chicago to require that all nonconforming flashing signs within the city be brought into compliance with the requirements of Chapter 17-15.
17-15-0503 Continuation of Nonconforming Signs. Nonconforming signs may remain in use, subject to the regulations of this Section 17-15-0500, Section 13-20-565, Section 17-15-0600, and all other applicable requirements of this Code. Nonconforming signs, including vintage signs, must be maintained in good repair, and must comply with all other requirements of this Zoning Ordinance.
17-15-0504 Alterations. Change of message or the substitution of panels or faces on nonconforming signs, except for high-rise building signs, is permitted without affecting the legal status of a sign as a nonconforming sign (subject to requirements for building and electrical permits). No other alterations are allowed, except for routine maintenance and repair, and as otherwise provided for vintage signs by Sections 17-15-0640 and 17-15-0650.
The alteration of any nonconforming sign, other than for: (i) routine maintenance and repair; (ii) change of message, or the substitution of panels or faces on non-high-rise building signs; or (iii) as otherwise provided for vintage signs by Sections 17-15-0640 and 17-15-0650, shall cause the sign to lose its status as a legal nonconforming sign and such status shall not be re-established. The language added to this Section by this 2013 amendatory ordinance is intended to clarify rather than change existing law.
1. Nonconforming flashing signs, except for vintage signs, that existed on the effective dates specified in Section 17-1-0200 must be removed or altered to comply with the standards of Sections 17-12-1004 and 17-12-1005-C no later than November 1, 2009.
2. Flashing signs, except for vintage signs, that become nonconforming because of subsequent amendments to this Zoning Ordinance must also be removed or altered to comply with the amended standards no later than five years of the effective date of the amendment that renders the flashing sign nonconforming.
3. Nonconforming flashing signs in existence after the date that they are required to be removed or altered relinquish their nonconforming status and thereafter constitute a violation of this Zoning Ordinance, unless the nonconforming flashing sign is a vintage sign. Such violations are subject to enforcement and penalties under Chapter 17-16.
4. No zoning permits or approvals may be issued for any building to which a nonconforming flashing sign is appurtenant after the date that such nonconforming sign is required to be removed or altered, except pursuant to an application for vintage sign designation made pursuant to Section 17-15-0620.
5. No business license may be issued for business to which a nonconforming flashing sign is appurtenant after the date that such nonconforming sign is required to be removed or altered, unless such nonconforming flashing sign is a vintage sign.
1. Any person who owns or maintains a flashing sign that is required to be amortized may file an application for an extension of the required amortization period.
2. The application for an extension must be in a form prescribed by the Zoning Administrator and include information that the Zoning Administrator deems appropriate to act upon the application.
3. If the Zoning Administrator determines that the applicant has not yet recovered the applicant's investment in the sign plus a reasonable rate of return, the Zoning Administrator must issue a permit authorizing the sign to remain in place during a period of time sufficient to enable the applicant to recover the applicant's investment in the sign plus a reasonable rate of return. For purposes of this provision, a "reasonable rate of return" will be a rate of return on an applicant's investment equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week during which the application is received by the Zoning Administrator.
17-15-0506-A Any nonconforming on- premise sign that is located on property that has failed to maintain a valid business license or that becomes vacant and unoccupied for a period of 12 months or more, or any nonconforming on-premise sign that pertains to a time, event or purpose that is no longer imminent or pending will be deemed to have been abandoned.
17-15-0506-B
1. Any nonconforming off-premise sign that is not used or for which a valid permit does not exist for a continuous period of 12 months or more will be deemed to have been abandoned.
2. A sign structure that is removed, except as a result of criminal vandalism, such that a nonconforming sign for which a valid permit existed can no longer be displayed, will be deemed to have been abandoned. The remaining presence of in-ground or above-ground footings or portions of the poles or bracing, wiring or other apparatus shall not be grounds for retention of the nonconforming status or revival of the permit.
17-15-0506-C Abandoned nonconforming signs are prohibited and must be removed by the owner of the sign or the property owner of the premises, unless such signs are designated as a vintage sign pursuant to Section 17-15-0600.
17-15-0506-D No zoning permits or approvals may be issued for buildings occupied by nonconforming abandoned signs until such signs are removed, except pursuant to an application for vintage sign designation made pursuant to Section 17-15-0620.
(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. 2-15-12, p. 20906, § 2; Amend Coun. J. 2-13-13, p. 47133, § 2; Amend Coun. J. 7-24-13, p. 58318, § 2; Amend Coun. J. 1-23-19, p. 94952, Art. I, § 30; Amend Coun. J. 7-19-23, p. 1992, § 3)
17-15-0610 Purpose. The intent of the vintage sign designation is to promote the public safety, health, and general welfare by providing a pathway for legalizing and maintaining nonconforming signs, including abandoned nonconforming signs, that represent important elements of the City's heritage, enhance the character of the community, and assist owners in the preservation and restoration of their signs.
1. Detailed drawings and or photographs of the nonconforming sign in its current condition;
2. A written narrative and supporting documentation demonstrating how the nonconforming sign meets the designation criteria of Section 17-15-0630-B;
3. Evidence that the nonconforming sign is structurally safe or a detailed plan on how it can be made safe without substantially altering its iconic or cultural significance;
4. A detailed maintenance plan for the upkeep of the nonconforming sign; and
5. Detailed drawings of any restoration or repair currently being planned or sought.
17-15-0620-D Notwithstanding any provision of the Chicago Zoning Ordinance to the contrary, abandoned nonconforming signs and associated sign structures may remain in place while the application for vintage designation is pending. If the application is denied, the abandoned nonconforming sign may remain in place until the exhaustion of, or the failure to exhaust, any applicable judicial review.
17-15-0630-A The Zoning Administrator, upon consultation with the Department of Planning and Development's Historic Preservation Division, may designate a nonconforming sign as a vintage sign based upon a review of the criteria listed in Section 17-15-0630-B.
1. The proposed vintage sign must be an existing nonconforming sign that has remained in place for at least the previous 30 years at the time of application;
2. The nonconforming sign possesses significant iconic or cultural value that contributes to the distinct visual identity and character of the neighborhood, community, or City as a whole;
3. The nonconforming sign possesses a significant portion of its original design character, such as its original configuration, message, color, texture, materials, or illumination; and
4. The nonconforming sign is structurally safe or can be made safe without substantially altering its iconic or cultural significance.
17-15-0650-A A vintage sign's message may be modified, provided that its character-defining features are repaired to the vintage sign's previous appearance established no less than 30 years prior to its designation as a vintage sign. A vintage sign's message may also be modified in a manner authorized by rules adopted by the Commissioner of Planning and Development or as otherwise permitted by law.
17-15-0650-B The message of a vintage sign may only be modified without losing the sign's legal status as a vintage sign, as follows: i) an existing sign that was initially established as an on-premise sign cannot be converted to an off-premise vintage sign; ii) an existing off-premise sign may be converted to an on-premise vintage sign, however, the sign shall lose its off-premise status and such status may not be re-established.
17-15-0660 Total Sign Area Exemption. A vintage sign does not count toward the limitations or restrictions of Sections 17-12-0902, 17-12-1002-F, or 17-12-1003-E.
17-15-0670 Term of Vintage Sign Designations. The designation of a nonconforming sign as a vintage sign shall be effective for five years, subject to renewal pursuant to Section 17-15-0680. Any vintage sign which is not appropriately renewed, pursuant to Section 17-15-0680, or which violates Section 17-15-0600 loses its vintage sign status.
17-15-0680 Renewal of Vintage Sign Designations. All vintage sign designations may be renewed by reapplying to the Zoning Administrator in the manner described in Section 17-15-0620.
17-15-0690 Rulemaking Authority. The Commissioner of Planning and Development is authorized to promulgate rules necessary for the proper implementation, administration and enforcement of Section 17-15-0600, including rules related to the application process for the designation and renewal of, and maintenance of, vintage signs.
(Added Coun. J. 7-19-23, p. 1992, § 3)