Record #: SO2021-4892   
Type: Ordinance Status: Passed
Intro date: 10/27/2021 Current Controlling Legislative Body: Committee on Zoning, Landmarks and Building Standards
Final action: 12/15/2021
Title: Amendment of Municipal Code Titles 4, 14A and 17 regarding certificate of occupancy and zoning certification, and associated repeal of Section 10-32-240
Sponsors: Lightfoot, Lori E.
Topic: MUNICIPAL CODE AMENDMENTS - Title 4 - Businesses, Occupations & Consumer Protection - Ch. 232 Motor Vehicle Storage & Sales, MUNICIPAL CODE AMENDMENTS - Title 10 - Streets, Public Ways, Parks, Airports & Harbors - Ch. 32 Trees, Plants & Shrubs, MUNICIPAL CODE AMENDMENTS - Title 14A - Administrative Provisions of the Chicago Construction Code - Ch. 14A-4 Permits, MUNICIPAL CODE AMENDMENTS - Title 17 - Chicago Zoning Ordinance - Ch. 9 Use Regulations, MUNICIPAL CODE AMENDMENTS - Title 17 - Chicago Zoning Ordinance - Ch. 10 Parking & Loading, MUNICIPAL CODE AMENDMENTS - Title 17 - Chicago Zoning Ordinance - Ch. 11 Landscaping & Screening, MUNICIPAL CODE AMENDMENTS - Title 17 - Chicago Zoning Ordinance - Ch. 13 Review & Approval Procedures, MUNICIPAL CODE AMENDMENTS - Title 17 - Chicago Zoning Ordinance - Ch. 14 Administration, MUNICIPAL CODE AMENDMENTS - Title 17 - Chicago Zoning Ordinance - Ch. 16 Enforcement & Penalties
Attachments: 1. SO2021-4892.pdf, 2. O2021-4892.pdf
SUBSTITUTE ORDINANCE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:

SECTION 1. Section 4-232-190 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through and by inserting the language underscored, as follows:
4-232-190 Public garage - Entertainment - Location - Hours of operation.
A public garage - entertainment garage must be located within one-half mile of the nearest exterior portion of a stadium or other structure having a capacity of 5,000 or more and licensed as a public place of amusement under Article III of Chapter 4-156 of this Code. The distance shall be measured from any parking area of or entrance to the garage to the stadium. Such a garage may operate only on days when sporting events or other entertainments are presented in such public place of amusement. A public garage - entertainment garage may open no more than two hours before and must close no later than two hours after a sporting event or other entertainment; the licensee or an employee ofthe licensee must be present during all hours of operation. A public garage - entertainment garago may be located only on premises for which a valid occupancy certificate certificate of occupancy and valid driveway permit have been issued.


SECTION 2. Section 10-32-240 ofthe Municipal Code of Chicago is hereby repealed in its entirety.



SECTION 3. Section 14A-4-402.1 of the Municipal Code of Chicago is hereby amended by inserting the language underscored, as follows:
14A-4-402.1 General.
No permit is required for the following:
(Omitted text is not affected by this ordinance)
Exterior Work:
1. Non-combustible sidewalks, patios, walkways, parking surfaces, and driveways that are not located in or on the public way, not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below.
Exception: A permit is required to establish or expand anv off-street parking or loading area.
(Omitted text is not affected by this ordinance)





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SECTION 4. Section 17-9-0103.1-D ofthe Municipal Code of Chicago, is hereby repealed in its entirety.

SECTION 5. Section 17-10-1008 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through and by inserting the language underscored, as follows:
17-10-1008 Plot Plan.
17-10-1008-A Any application for a oertificato of occupancy zoning certification for anv parking lot must include a plot plan - drawn to scale and fully dimensioned - showing all provisions for:
{Omitted text is not affected by this ordinance)
17-10-1008-B Any other application for a building pormit, or for a cortifiGato of occupancy when no building pormit is required, zoning certification must include a plot plan -drawn to scale and fully dimensioned - snowing all off-street parking and loading facilities.



SECTION 6. Section 17-11-0102 ofthe Municipal Code of Chicago is hereby amended by inserting the language underscored, as follows:
17-11-0102 Exemptions.
The standards of this section to not apply to:
(Omitted text is not affected by this ordinance)
17-11-0102-C construction, repair or rehabilitation of or upon any detached house, two-flat or three-flat (multi-unit building containing only 3 dwelling units) unless such improvements were approved subject to a zoning map amendment, pursuant to Section 17-13-0300, a variation granted by the Zoning Board of Appeals, pursuant to Section 17.13-1110, or an administrative adjustment granted by the Zoning Administrator, pursuant to Section 17-13-1000.
(Omitted text is not affected by this ordinance)



SECTION 7. Section 17-11-0103-D-of the Municipal Code of Chicago is hereby repealed in its entirety.
17-11-0103-D Tho Zoning Administrator must roceive tho rocommondation ofthe Bureau of Forostry regarding;
1. oonformanoo of tho plans and epocif ioations for any roquirod
paFkway troos with tho provisions of Chaptor 10-32 of the Municipal Code boforo issuanoo of any zoning oortifioato; and
2, conformance of the installation of such parkway troes with the
approvod plans and specifications boforo issuance ofany certificate of occupancy or release of the performanco bond or othor security, whichever is applicable.


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SECTION 8. Section 17-11-0506 ofthe Municipal Code of Chicago is hereby repealed in its entirety.
17-11-0506 At tho timotho Zoning Administrator iscuoc a zoning oortifioato for a land uso, building or parking lot that requires the submission of a landcoapo plan or the planting of stroot tre86, the Zoning Administrator must roquire the posting of a performanco bond or other form of financial socurity approvod by tho Zoning Administrator. Tho bond or othor form of financial soourity must bo in a form and amount as doomed adoquato by tho Zoning Administrator to onsuro that tho roquirod landcoapo matorials will bo inctallod within 6 months or tho next planting coacon.

SECTION 9. Section 17-13-0610 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through and by inserting the language underscored, as follows:
17-13*0610 Effect of Planned Development Approval.
After the adoption of a planned development ordinance, every application for a permit or license within the planned development boundaries must be reviewed by the Zoning Administrator for a determination that the proposed use, building or structure complies with all provisions ofthe planned development ordinance ("Part II review"). A Part If review fee shall be assessed by the Department of Planning and Development and paid by the Applicant as set forth in this section. The Part II review fee is $0.50 per square foot of buildable floor area, as identified in the planned development Bulk and Density Table. One-half of the permit review fee is due at the time of filing the planned development application (the "first installment"), and one-half ofthe review fee is due at the time of the Part II review (the "second installment"); provided, however, if the planned development is constructed in phases or subareas, and each phase or subarea is identified separately in the Bulk and Density Table and is subject to separate site plan approval or Plan Commission review, the permit review fee may be paid in phases. The fee for each phase shall continue to be paid in installments, with the first installment due at the time of filing the planned development application (for the initial phase) or at the time of filing for site plan review pursuant to Section 17-13-0800 (for subsequent phases), and with the second installment due at the time of Part II review for such phase. If the buildable floor area square footage changes between payment of the first installment and payment of the second installment, the second installment will be adjusted accordingly. Zoning and occupancy certifkiatos certifications may be issued by the Zoning Administrator for uses, buildings or structures within the planned development only upon the Zoning Administrator's written approval. Any permit, license or certificate issued in conflict with the planned development ordinance is null and void may be revoked in accordance with Section 17-16-0505.



SECTION 10. Section 17-13-1300 ofthe Municipal Code of Chicago and its subsections are hereby amended by deleting the language struck through and by inserting the language underscored, as follows:
17-13-1300 Zoning Cortificatoc Certification.
17-13-1301 When Required. Except as hereinafter provided, no permit pertaining to the use of land or buildings may be issued by any officer, department, or employee of this City unless the application for such permit has been examined by the Off ice of the Zoning Administrator and hao affixed to it a cortifioato of the Office ofthe Zoning Administrator has

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certified in writing that the proposed building or structure complies with all the provisions of this Zoning Ordinance. Any pormit or oortifioato of occupancy zoning certification issued in conflict with the provisions of this Zoning Ordinance will bo null and void may be revoked in accordance with Section 17-16-0500.
17-13-1302 Applications.
17-13-1302-A Filing. Applications must be filed with the Zoning Administrator.
17-13-1302-B Contents. Every application for a building permit will be deemed to be an application for a zoning certificate certification and must be accompanied by:
A plat, in duplicate, of the piece or parcel of land, lot, lots, block or blocks, or parts or portions thereof, drawn to scale showing the actual dimensions and certified by a Land Surveyor or Civil Enginoor professional land surveyor or professional engineer licensed by the State of Illinois, as a true copy of the piece, or parcel, lot, lots, block or blocks or portions thereof, according to the registered or recorded plat of such land; and
A plat, in duplicato, drawn to scale in such form as may, from time to time, be prescribed by the Zoning Administrator, showing the ground area, height, and bulk oi the building or structure, the building lines in relation to property lines, the use to be made of the building or structure or land and such other information as may be required by the Zoning Administrator for the proper enforcement of this Zoning Ordinance.
(Omitted text is not affected by this ordinance)
3. One copy of each of tho two plats must bo attachod to tho application for a building
permit when it is submitted to tho Off ico of tho Zoning Administrator for a zoning cortif icate and
must be rotainod by the Zoning Administrator as a public record.
17-13-1303 Performance Bonds. At the time the Zoning Administrator issues a zoning cortificato certification for a land use, building or parking lot that requires the submission of a landscape plan or the planting of etroot trees parkway trees, the Zoning Administrator must require the posting of a performance bond or other form of financial security approved by the Zoning Administrator. The performance bond or other form of financial security must be in a form and amount as deemed adequate by the Zoning Administrator to ensure that the required landscape materials will be installed within 6 months or the next planting season.
17-13-1303-A The Zoning Administrator may not reguire a performance bond or other form of financial security for a property that contains a detached house, two-flat or three-flat (multi-unit building containing only 3 dwelling units).
17-13-1303-B Failure to install reguired landscape materials or parkway trees may not be relied upon as the basis for denying or withholding a certificate of occupancy provided that a performance bond or other form of financial security has been posted with the City in accordance with this section.
17-13-1303-C The performance bond or other form of financial security must be released by the City after the premises have been inspected by the City and the owner has certified that all landscaping, including parkway trees, has been installed in accordance with the approved plans and specifications.



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SECTION 11. Section 17-13-1400 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through and by inserting the language underscored, as follows.
17-13-1400 Occupancy Cortiflcatos Additional procedures.
17-13-1401 Applicability. rReserved.1
17-13-1401-A No building, or addition thoroto, and no addition to a proviously oxisting building may bo oooupiod, and no land vacant may bo usod for any purposo, and no land may bo ucod for tho purposo of a curfaco parking lot until a oortifioato of occupancy has boon issuod by tho Zoning Adminiotrator.
17-13-1401-B No change in a use othor than that of a permittod uso'm a district may be made until a certificate of occupancy has boon issued by the Zoning Administrator.
17-13-1401-C Evory certificate of occupancy must state that the uso of occupancy oomplioc with all tho provisions of this Zoning Ordinanco.
17-13-1402 Applications, f Reserved.1
17-13-1402-A Every application for a building permit will bo doomed to bo an application for an occupancy certificate.
17-13-1402-B Evory application for an occupancy cortificato for a now uso of land where no building pormit is roquirod must be made directly to tho Zoning Administrator.
17-13-1403 Issuance of Occupancy Cortifioato. rReserved.1
17-13-1403-A No occupancy certificate for a building or addition thoroto may be issued until construction has been complotod and tho promisos inspected and cortified by the Zoning Administrator to bo in-conformity with tho plans and cpocifications upon which tho zoning cortifioato was basod.
17-13-1403-B No occupancy certificate for a building or addition thereto maybe issued and no addition to a previously existing building may bo occupiod and no land may bo usod for tho purposo of a surface parking lot until the promisos havo boon inspocted and-cortified by the Zoning Administrator to bo in compliance with all applicablo standards ofthe zoning district in which it is looatod.
17-13-1403-C Pending tho issuanoo of a regular certifioato, a temporary certificate may bo issuod to be valid for a poriod not to excood 6 months from its date during the complotion of any addition or during partial occupancy of tho promisos.
17-13-1403-D An occupancy cortificato must bo issued, or written notice must be given to the applicant stating tho reasons why a certificate cannot bo issuod, no later than 14 days after tho Zoning Administrator is notifiod in writing that tho building or promisos is roady for occupancy.
17-13-1403-E Failure- to install roquirod landsoapo matorials in connection with parking and loading aroas, parking lots, or othor vehicular use areas may not be relied upon 36 the baas for denial or withholding a cortificato of occupancy; provided that:-
1. a zoning oortifioato for tho installation of said landcoapo matorials has been issuod in accordoncowith this Zoning Ordinanoo or, in tho case of uses-not requiring a zoning certificate,

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tho Zoning Administrator has dotorminod that tho plans and epocificationsfortho installation or roquirod landsoapo matorials comply with tho provisions of this ohaptor; and
2. a performance bond or othor security has boon postod with tho City, at thotimo of zoning certification. Such bond or security must be:
in such form-and amount as tho Zoning-Administrator dooms adequato to assure that required landcoapo matorial will bo installod within six months or the noxt planting season;
ui iu
releosod whon tho promicos havo boon incpoGted and the Zoning Administrator has oortif iod that tho landscape matorials have boon installed-in accordance with the approved plans and specifications.
17-13-1404 Community Homo6. [Reserved.l
17-13-1404-A No building may bo occupiod ac a family oommunity homo or group community homo until a Cortifioato of Occupancy has boon icouod by tho Offioo of tho Zoning Administrator. No Cortifioato of Occupancy may bo iccuod ¦ for a family community homo or group community home unloss the Zoning Administrator dotormines that tho proposed Community Homo complies with all applioablo- zoning regulations and has boon liooncod as an adult family caro home (in the case of a family community homo) pursuant to Soction -I 6 110,- or an adult family caro center (in the case of a group community homo) pursuant to Sootion 4 6-080(a).
17-13-1404-B Tho Zoning Administrator may rovokoa Cortifioato of Occupancy for a Community Homo if tho operator's liconso is rovokod by the appropriato state agency. A Cortificato of Occupancy i6 not transferable to another oporator or to another location.
(Omitted text is not affected by this ordinance)



SECTION 12. Section 17-14-0200 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through and by inserting the language underscored, as follows:
17-14-0200 Department of Planning and Development.
(Omitted text is not affected by this ordinance)
17-14-0202 Duties of the Office of Zoning Administrator. The Zoning Administrator is responsible for administering and enforcing the provisions of this Zoning Ordinance. In accordance with such authority, the Zoning Administrator has the following powers and duties:
17-14-0202-A issuing Zoning Cortificatoo zoning certifications;
17-14-0202-B issuing Certificates of Occupancy; [Reserved!;
(Omitted text is not affected by this ordinance)
17-14-0202-N Notwithstanding any other ordinance or provision ofthe Municipal Code, the Zoning Administrator is authorized to approve issue a zoning certification for a liquor license for consumption on the premises, in connection with the operation of an established food-


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serving facility in any building located on land owned by the Chicago Park District if approved by the Chicago Park District Commissioners.
(Omitted text is not affected by this ordinance)
17-14-0202-P In connection with land located within the Airport Layout Plan that has been acquired by the city, the Zoning Administrator is authorized to examine and approve all building plans as required by subsection 17-14-0202-O as if the land was part of the Airport Planned Development. For the purposes of this section, the terms "Airport Layout Plan" and "Airport Planned Development" shall have the same meaning as set forth in Section 17-13 0614 17-13-0613;
(Omitted text is not affected by this ordinance)



SECTION 13. Section 17-16-0500 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through and by inserting the language underscored, as follows:
17-16-0500 Remedies and enforcement powers.
17-16-0501 Applicability. The city City may use any lawful remedy or enforcement powers, expressly including those described in this section.
17-16-0502 Remedies Cumulative. The remedies and enforcement powers established in this Zoning Ordinance are cumulative, and the eity City may exercise them in any order.
17-16-0503 Withhold Permit.
17-16-0503-A City officials may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements thereon upon which there is an uncorrected violation of a provision of this Zoning Ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the eity City. This provision applies regardless of whether the current property owner or applicant is responsible for the violation in question.
17-16-0503-B City officials may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements owned or being developed by a person who owns, develops or otherwise causes an uncorrected violation of a provision of this Zoning Ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the eity City_. This provision applies regardless of whether the property for which the permit or other approval is sought is the property in violation. For purposes of this section, a "person" is defined as any individual or business entity with more than a 20 percent interest in the subject property.
17-16-0504 Permits with Conditions. Instead of withholdingA ef denying or revoking a permit or other authorization, eity City officials may grant such authorization subject to the condition that the violation be corrected by a specified time. City officials are also authorized to require adequate financial assurances that such correction will be made.
17-16-0505 Revoke Permit.



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17-16-0505-A Any perm it or other form of authorization required and issued under this Zoning Ordinance may be revoked when the Zoning Administrator determines that:
there is departure from the plans, specifications, or conditions required under terms ofthe permit;
the dovolopmont permit was procured by false representation or was issued by mistake; or
any of the provisions of this Zoning Ordinance are being violated.
(Omitted text is not affected by this ordinance)
17-16-0506 Stop Work. Whenever a structure or part thereof is being constructed, reconstructed, altered, or repaired, or other development is occurring, in violation of this Zoning Ordinance, the Zoning Administrator or Commissioner of Buildings may order the work to be immediately stopped.
(Omitted text is not affected by this ordinance)
17-16-0508 Injunctive Relief. The eity City may seek an injunction or other equitable relief in court to stop any violation of this Zoning Ordinance.
17-16-0509 Abatement. The eity City may seek a court order in the nature of mandamus, abatement, or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed before the violation.
(Omitted text is not affected by this ordinance)
17-16-0512 Other Remedies and Enforcement Powers. The eity Cjty_ may seek such other remedies and use other enforcement powers, as allowed by law.



SECTION 14. This Ordinance shall take full force and effect following due passage and approval.

















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