Chicago Zoning Change Completed, Next Steps?

[Timothy Taylor]

Hello,

I have a property that was a RS3 that we converted to a RT4 where city council passed the ordinance/zoning change at the December 2023 meeting.  Prior to this zoning change we gut rehabbed the 3 unit property along with the basement that was completed to meet the guidelines (2 means of e-gress, larger windows in basement, etc.).

We tried to get a new zoning certificate and were told it's still a 3 unit property at this time.  Does anyone have any idea on timeline of when the zoning change will be completed and/or what we need to do next (if anything).  

We need to show some sort of documentation to the lender that the property is now 4 units (was 3 units).

If anyone has completed a zoning change in Chicago any advice would be helpful on next steps.

Thank you!

[Samuel Pavlovcik]

@Jonathan Klemm, thanks for the Mention, I had to re-read this one a couople times but I think I know what happened here...

@Timothy Taylor, Obtaining the Zoning Map Amendment (Zoning Change) to RT-4 now "Permits you" from a Zoning Standpount to "Add" the 4th Unit (Assuming you have at least 4,000 sq.ft. of Lot Area). That being said, it does not "Legalize" the basement unit. In order to Legally Add/Legalize the Basement Unit, you would need to obtain a Building Permit and receive approval through the Department of Buildings (in addition to the Department of Zoning which you already to have the approval for). Did you get a building permit to add the 4th residential unit in the basement, or did you only get the Zoning Change completed?

To further clarify:

The RS-3 Zone allows for 1 and 2 unit residential buildings; and requires 2,500 sq.ft. of lot area per residential unit (with some exceptions). That being said, a standard chicago lot at 25'x125' = 3,125 sq.ft. would (commonly) only allow for 1 residential unit (3,125/2,500 = 1.25 = 1 unit).

The Zoning Map Amendment (Zoning Change) to RT-4 would allow for Multi-Unit residential construction and only requires 1,000 sq.ft. of lot area poer residential unit (3,125/1,000 = 3.125 = 3 units). First and foremost this means that you need to have a lot area of at least 4,000 sq.ft. to be permitted to have 4 residential units. Is your lot at least 4,000 sq.ft.?

If your lot is less than 4,000 sq.ft. you may have chosen the wrong Zoning Attorney to assist with the Map Amendment... If your lot is at least 3,600 sq.ft. you could still be able to get the 4th unit legally added; however, this would require a Variation and another request to the Zoning Board of Appeals...

@Jonathan Klemm is correct that we commonly will submit for a building permit and then during that process need to pursue a Zoning Variation for any special zoning issues. That being said the Zoning Map Amendment (Zoning Change) process is a bit different in that you will usually have your Zoning Attorney submit for the Zoning Change Before you need to engage an Architect to provide drawings and opbtain a building permit; as the Map amendment will need to be completed first, before the building permit is approved. I have a feeling this is where you are at.

Sometimes the Alderman's office or community group will want to see what you are "proposing" to build before you can get their support and actually get the Zoning Change approved; however, technically architectural drawings are not reuired (by the Zoning Board of Appeals) for the map amendment process.

Feel free to contact me directly if you would like me to look into your specific property in more detail.  With the property address (and a Plat of Survey) I can give you more clarity as to your specific situation; however, at this point I have a feeling you are going to need to get a building permit in order to actually permit the work to be done to add the basement unit.

If the Unit is already built out (recently or has been for years) the City will likely Still require you to obtain a building permit in order to "Legalize" the unit to where you could get the Zoning Cert to show 4 units...