Author: Nicole I. Lopatinsky – Attorney
Whether you are opening a new business or relocating or expanding an existing one in the City of Chicago, it is crucial to consider the impact of the City’s zoning regulations. The Chicago Zoning Ordinance governs where businesses can operate, how they can function, and what restrictions apply. Understanding these regulations prior to selecting a location can significantly reduce the risks of delays and unforeseen legal costs.
What Are Zoning Laws?
Zoning laws regulate how land and buildings can be used by dividing areas into distinct zoning districts. In Chicago, each zoning district establishes rules regarding development, use, and alterations. You can verify a property’s zoning designation by entering the address in the Chicago online Zoning and Land Use Map.
Chicago is divided into six (6) primary zoning districts: Residential (R), Business (B), Commercial (C), Manufacturing (M), Downtown (D), and Planned Development (PD). Each district is further subdivided to outline specific permitted uses and guidelines related to building height, parking, signage, and more.
Generally, businesses are not permitted to operate in residential zoning districts. Depending on the nature of the business, operations may be permitted in Business, Commercial, Manufacturing, Downtown, or Planned Development districts. The specific regulations for each sub-district will define what types of businesses are allowed and under what conditions.
What Should Business Owners Consider Before Picking a Location?
1. Verify the Zoning District
Before committing to a location, it is essential to confirm that the zoning district permits the specific type of business you intend to operate. Some districts may require a Special Use Permit, while others may permit the business as a matter of right.
You can check the permitted uses for each zoning district by clicking on the links below:
- Residential District (RS, RT, RM)
- Business and Commercial Districts (B, C)
- Downtown District (DC, DX, DR, DS)
- Manufacturing District (M)
- Planned Development
2. Determine Additional Requirements
The Zoning Ordinance establishes general district standards for each type of zoning district. Even if a use is permitted, the Zoning Ordinance may impose additional requirements, such as parking, signage, or floor area minimums. For example, while a daycare may be permitted by right in Business and Commercial districts, it may still be required to provide a certain number of off-street parking spaces. Additionally, properties located on designated Pedestrian Streets may be subject to specific guidelines and restrictions.
3. Special Use Permits
Certain types of business may be required to obtain a Special Use Permit from the Zoning Board of Appeals. This process can be complex and time-consuming, often requiring legal representation to navigate the intricacies of zoning law. The Special Use Permit process involves obtaining an official letter of denial from the Zoning Administrator, submitting a detailed Special Use Application, which includes a Plat of Survey and Floor Plans, notifying all property owners within 250 ft. of the property, collaborating with community leaders and neighbors, attending a public hearing, and more.
Common business that may require Special Use Permits include:
- Personal services (e.g. salons, barber shops, tattoo shops, massages, spas, etc.)
- Drive-thru
- Religious assembly
- Adult uses
- Event venues
4. Consult a Zoning Attorney
Navigating Chicago’s zoning regulations can be complicated. Consulting a knowledgeable zoning attorney can help you avoid and prevent costly mistakes by:
- Identifying potential zoning conflicts early including any potential limitations
- Strategizing a path forward through the zoning and permitting process
- Advocating for your business and gathering support from community leaders
- Representing your business at public hearings
- Ensuring compliance with zoning regulations and building codes
- Procuring operational licenses for the business and/or its operators
Additionally, consider consulting a licensed architect if you plan to modify the existing building at the property. An experienced architect can assist with construction/building permit applications, design compliance, safety standards, and more.
Conclusion
Proper planning from the outset can save you time, money, and frustration as you navigate the complexities of Chicago’s zoning regulations. Start by confirming that your proposed business location permits your intended use. If the zoning designation restricts your operations or requires zoning relief, consider selecting a new location or consulting a zoning attorney to explore potential solutions.
At the Law Offices of Samuel V.P. Banks, we have over 35 years of experience navigating Chicago’s zoning laws. Whether you are a first-time business owner or an experienced entrepreneur, we can provide strategic guidance to help you open your doors with confidence.
Contact us today for a consultation and take the first step toward setting your business up for success.
DISCLAIMER: The information contained herein is provided for informational purposes only and is not intended as legal advice. This content does not constitute the establishment of an attorney-client relationship, nor should it be relied upon as a substitute for seeking competent legal counsel. Readers are strongly advised to consult with a licensed attorney in their jurisdiction to obtain guidance tailored to their specific circumstances.
