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The provisions of this chapter shall apply to all new residential development and rehabilitation which results in the creation of additional dwelling units, except additional dwelling units for which a complete building permit application (with a complete set of drawings) was filed as of the date of passage of this chapter. Replacement housing which does not increase the existing number of dwelling units shall be exempt.
(Added Coun. J. 4-1-98, p. 65269)
(a) Open space impact fees shall be calculated based on the following formula (the fee per dwelling unit being rounded to the nearest dollar before being totaled for the development as a whole):
(1) Fee = Open Space Need × Open Space Cost × Developer’s Share; where:
(2) Open Space Need = Number of Dwelling Units of a particular size which do not qualify as affordable housing units under paragraph (b) of this section × that particular size unit’s Estimated Household Size × Minimum Open Space Standard (2 acres per 1,000 people);
(i) As necessary, repeat this Open Space Need formula for all relevant sizes of units and add together each result to calculate a given development’s total Open Space Need; and
(3) Household Size is estimated to increase with the size of the dwelling unit as follows:
Size Of Unit (Square Feet) | Estimated Household Size (Persons) |
Less than 800 | 1 |
800 – 1,599 | 2 |
1,600 – 2,999 | 3 |
3,000 and greater
| 4 |
(4) Open Space Cost = $12.00 per square foot prior to and including December 31, 2024; and henceforth shall be adjusted as follows:
(i) Beginning on January 1, 2025, Open Space Cost shall increase to $16.00 per square foot; and
(ii) Beginning on January 1, 2026, Open Space Cost shall increase to $20.00 per square foot; and
(iii) Beginning on January 1, 2027, Open Space Cost shall increase to $24.00 per square foot; and
(iv) Beginning on January 1, 2028, and on every January 1 thereafter, the Open Space Cost shall be, the lesser of, (1) the prior year’s cost adjusted by the percentage increase in the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index for all Urban Consumers for the Chicago metropolitan area; or (2) 102.5 percent of the prior year’s Open Space Cost, to reflect current market-rate land values.
(5) Minimum Open Space Standard (2 acres per 1,000 people) = $87.00 per person (rounded to the nearest dollar and based on 43,560 square feet per acre).
(6) Developer’s Share = 30 percent, except units which qualify as “affordable housing”.
(7) Affordable housing units, counted separately from any calculations of the fee formula in subsection (a)(1) or open space need formula in subsection (a)(2) of this section, shall be charged a flat nominal fee of $100.00 per unit regardless of size.
(b) Affordable housing is defined as housing which is sold or rented at or below the maximum price or fair market rents for household income limits up to 120 percent AMI as established by Section 2-44-085 of the Code (the Affordable Requirements Ordinance or the ARO), localized financial statistics updated annually by HUD, and including ARO program rules promulgated by the Department of Planning and Development. The sale or rental price of each unit will be the primary criteria for its status as affordable housing, regardless of the development's or unit’s level of government financial assistance. The above-stated maximum price or fair market rents may be modified by the Department of Planning and Development from time to time. The Department of Planning and Development may also issue a fee schedule with updated rates based on the formulas and values in subsection 16-18-040(a) without the need to amend this chapter.
(Added Coun. J. 4-1-98, p. 65269; Amend Coun. J. 11-19-08, p. 47220, Art. VIII, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. IX, § 10; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 29; Amend Coun. J. 9-18-24, p. 16622, § 1; Amend Coun. J. 12-16-24, p. 22233, § 6)
Any person applying for a building permit may opt to submit an individualized assessment of impact in lieu of calculation of fees pursuant to the fee formula in Section 16-18-040 hereof. Individualized assessments shall establish why new open space is unnecessary in the area because of adequate existing open space or why the fees should be reduced because of lower open space costs in the area than those estimated in Section 16-18-040 hereof. Existing open space shall be deemed to be adequate if it meets the goals set forth in the “City Space Plan”.
(Added Coun. J. 4-1-98, p. 65269; Amend Coun. J. 9-18-24, p. 16622, § 1)
(a) In the case of larger developments which are processed as planned developments, developers are encouraged to:
(i) provide open space and recreational facilities on-site to serve new residents instead of paying open space impact fees;
(ii) incorporate nature plant species in their open spaces pursuant to the Department of Planning and Development’s Sustainable Development Policy; and
(iii) incorporate suitably designed dog-friendly areas on-site.
For purposes of this Section, “dog-friendly area” means a designated section of land where dogs are allowed to run and play off-leash. In addition to complying with applicable laws, a dog-friendly area must abide by applicable dog-friendly area guidelines set forth by the Chicago Park District, as adopted by the Department of Planning and Development with necessary adjustments. The size of the dog-friendly area shall reflect the amount of available land and the licensed dog population in the community area and shall be a minimum size of no less than 0.10 acres (4,356 square feet).
(b) Credit may be given for open space or recreational facilities within a planned development that satisfy all or most of the goals of the City Space Plan and adequately serve the needs of the proposed new development.
(Added Coun. J. 4-1-98, p. 65269; Amend Coun. J. 9-18-24, p. 16622, § 1)
Open space impact fees shall be earmarked for open space acquisition and capital improvements which provide a direct and material benefit to the new development from which the fees are collected. Fees may not be used to cure existing park deficiencies. Open space impact fees must be expended within the same or a contiguous community area from which they were collected after a legislative finding by the city council that the expenditure of fees will directly and materially benefit the developments from which the fees were collected. Community areas are geographic areas which are identified in the City Space Plan and designated pursuant to Chapter 1-14 of the Municipal Code of the City of Chicago.
(Added Coun. J. 4-1-98, p. 65269)
Any funds not expended or encumbered for planning, engineering, acquisition or construction within seven years from the date on which the fees were collected shall be returned to the current property owner. Refunds shall be paid no later than six months after the seventh year triggering the refund.
(Added Coun. J. 4-1-98, p. 65269)
The department of planning and development and any of the affected city departments are hereby directed and authorized to issue administrative regulations and procedures as necessary to implement the provisions of this chapter by the effective date of this chapter, and to periodically review and update such regulations and procedures.
(Added Coun. J. 4-1-98, p. 65269; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. IX, § 10; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 29)
The Paulina Street Corridor shall consist of all property within the area defined by West Wellington Avenue; North Paulina Street; a line 565 feet south of West Wellington Avenue; a line from a point 565 feet south of West Wellington Avenue and 344 feet east of North Paulina Street to West Wolfram Street, at a point 224 feet west of North Ashland Avenue; West Wolfram Street to a point 130.3 feet east of North Paulina Street; from this point a line parallel to North Paulina Street to the alley next south of and parallel to West Wolfram Street; North Paulina Street; the alley next south of and parallel to West Wolfram Street; North Paulina Street; a line 541 feet south of West Diversey Parkway; the alley next east of and parallel to North Paulina Street; the alley next north of and parallel to West Wrightwood Avenue; North Marshfield Avenue; West Wrightwood Avenue; a line 365.65 feet west of and parallel to North Paulina Street; a line 99.41 feet north of and parallel to West Wrightwood Avenue; a line 409.06 feet west of and parallel to North Paulina Street; a line 141.84 feet north of and parallel to West Wrightwood Avenue; a line 45.04 feet east of and parallel to the Chicago and Northwestern Railroad right-of-way. Notwithstanding the fee formula set forth in Section 16-18-040 of this chapter, open space impact fees for the Paulina Street Corridor shall be charged according to the following fee schedule:
Size Of Unit (Square Feet) | Open Space Impact Fee (Per Dwelling Unit) |
0 – 799 | $1,044 |
800 – 1,599 | $2,088 |
1,600 – 2,999 | $3,132 |
3,000 and up | $4,176 |
The Developer's share is 100 percent, except units which qualify as "affordable housing", which shall be charged a flat nominal fee of $100.00 regardless of size.
All other provisions of Chapter 16-18 shall apply to the Paulina Street Corridor, except that no credit will be given for open space or recreational facilities on-site.
(Added Coun. J. 1-20-99, p. 88042; Amend Coun. J. 9-18-24, p. 16622, § 1)