Zoning in Chicago on a multi-unit

[Helen Fremichael]

Hello BP’ers!

Reaching out to you all to see if I can figure out a zoning issue. I am currently working on obtaining a 3 unit building that has 3 separate dwellings (basement 1/1, 1st floor 2/1, and a 2nd floor duplex up 3/2). It’s a rehab project and is currently zoned as RS-3. All the utilities are separated and each unit has its own water heater, HVAC, electric and gas (3 gas meters, 4 electric meters). I am in the midst of getting the certificate of zoning but as it currently stands zoning is for a 2 unit and I want to get the certificate for a 3 unit before I close. Is this possible? 

I looked at old permits and it looks like an electrical one was pulled in 2000 to install 4 electrical meters from the city. Is this proof that it’s really a 3 unit? Any and all information on what I should look into and use to get it zoned a legal 3 unit is greatly appreciated. Any advice or guidance is welcomed. Thanks in advance!

~Helen

[Henry Lazerow]

I have had this done three times now for clients deals. You need to find an old water bill like back in the 1950's old and if the water bill says "3 unit building" the city will give you a new zoning doc that says legal 3 unit and the city will not even come to the building or look at exits, modern code, etc. all they are doing is "correcting the zoning doc" grandfathering it in. Have an attorney pull these old water bills with FOIA from the city. One of the deals this happened quick enough that it was during close the other two after closing. 

If the old water bill says it's a 2 unit it's going to be a lot harder and I wouldn't bet on it ever changing.