Tag: Zoning Board of Appeals

The Zoning Board of Appeals approves almost everything, so why make small businesses wait for it?

If you want to open a hair salon in a Chicago storefront that’s zoned for business, you can, as long as there isn’t another salon within 1,000 feet1. If there is, you need a special use permit from the Zoning Board of Appeals (ZBA). That means paperwork, mailed notices, often hiring an attorney, attending an official hearing, possibly being part of a ward-level community presentation, and potentially paying rent for months on a space you can’t open. And for all that, the ZBA approves 95 percent of salon applications.

That number comes from the Metropolitan Planning Council’s (MPC) new report, At What Cost? How Chicago’s Outdated Zoning and Land Use Systems Thwart Inclusive Growth, published in October 2026. It arrives while a proposal to fix part of this problem has sat untouched in City Council for nearly two years. In December 2024, Ald. Desmon Yancy introduced an ordinance to let the zoning administrator approve many special uses directly, without a ZBA hearing. It still hasn’t been heard in committee.

I first wrote about Yancy’s proposal in a Bluesky thread the week before it was introduced. MPC’s research makes the case for it stronger than I could at the time.

What is a “special use”?

Chicago’s zoning code sorts every building type, business, or land use into one of three buckets in each zoning district: permitted “by right,” not allowed, or allowed as a “special use.” A special use is allowed only after a review that decides whether that particular location suits it. Today that review means a public hearing before the ZBA, a board of mayoral appointees.

MPC calls the ZBA process “complex” and “lengthy,” says it often requires the help of an attorney, and concludes that its “opacity… and lack of consistent guidelines” favor applicants with time and money, “creating a pay-to-play system.” (Based on my observations at ZBA meetings most hair salon applicants represent themselves and the ZBA board members accommodate them and how they are not as familiar with the processes as other applicants who’ve hired attorneys.)

The ZBA approves nearly everything

MPC built its own dataset from 12 years of ZBA meeting minutes (through October 2023). The city doesn’t publish this data in a searchable format, so MPC’s staff had to pull it from hundreds of PDFs. Here’s what they found:

FindingFigure
Share of all ZBA applications approved92% (only 3–4% are explicitly denied; the rest are withdrawn)
Votes in which the board was unanimous96%
Special use applications reviewed per yearAbout 230
Special use applications coming from business (B) and commercial (C) districts78%
Special use applications for hair, nail, or beauty salons and barbershops27%
Salon and barbershop applications approved95%
Salon and barbershop applications decided at their first hearing90%

Translation: more than a quarter of the board’s special use docket is salons and barbershops, and they’re approved almost every time. That sounds like a toll that every applicant pays. MPC also points out who pays it: 91 percent of hairdressers and cosmetologists are women, and nail salon workers are mostly immigrants, so the 1,000-foot rule likely falls hardest on women-owned and immigrant-owned small businesses.

I’d like to know why City Council cares about how close two salons are to each other and wanted to regulate that.

What Yancy’s ordinance would change

The ordinance (O2024-0014002) was introduced on December 2, 2024, and co-sponsored by Alderpersons Rodriguez (22nd Ward), Villegas (36th), and Hadden (49th). It amends Section 17-13-0900 of the zoning code so that the zoning administrator, a DPD staff position, decides special use applications instead of only sending a recommendation to the ZBA.

The ZBA would keep the final say on:

  • anything in a manufacturing (M) or planned manufacturing district (PMD)
  • special uses requiring compliance with the Air Quality Ordinance
  • drive-throughs
  • waste-related uses
  • cannabis establishments
  • gas stations
  • liquor stores
  • adult uses

Everything else that’s a special use today would go to the zoning administrator:

CategorySpecial uses that would move to the zoning administrator
HousingGround-floor homes in B1, B3, C1, and C2 districts (detached houses, two-flats, townhouses, multi-unit buildings, elderly housing, and single-room occupancy); artist and business live/work units; residential conversion units; most housing types in the DX district, and multi-unit, elderly, and SRO housing in DC
Shelters and group livingTransitional residences, transitional shelters, temporary overnight shelters, domestic violence shelters and residences, group community homes, nursing homes, assisted living, and group living not otherwise classified
Neighborhood businessesHair salons, nail salons, and barbershops within 1,000 feet of another one; banks, currency exchanges, and ATMs subject to the pedestrian street rules; body art (tattoo) services; massage establishments; fortune telling; taverns and rooftop patios in B3; indoor event venues; entertainment cabarets; hookah bars; rooftop urban farms; hotels and motels
Civic and institutionalCommunity centers and recreation buildings (including in parks), religious assembly, schools, colleges in C3, lodges and private clubs, police stations, government-operated health centers in residential districts, major utilities, and detention and correctional facilities
Other usesPawn shops, payday and title loan stores, valuable objects dealers, firearms dealers, shooting ranges, wagering facilities, day labor employment agencies, and flea markets
Auto-oriented and otherNon-accessory parking lots, vehicle storage and towing, animal shelters and boarding kennels, stables, poultry slaughtering, cremation, freestanding wireless towers, satellite dishes beyond what’s allowed by right, and certain signs

Two more details stand out:

  • Public input stays. Applicants would still mail, publish, and post the same notices, and the public would get 30 days to send comments to the zoning administrator. What goes away is the daytime City Hall hearing.
  • There’s a deadline, and it has teeth. If the zoning administrator doesn’t decide within 120 days of a complete application, it’s automatically approved (unless the applicant caused the delay).

MPC’s suggestions would go further

Yancy’s ordinance and MPC’s recommendations point in the same direction, but MPC goes a step further. MPC recommends permitting “most current special use categories by-right, with accompanying use standards,” and saving ZBA review for “uses with likely impacts on health and safety,” like heavy manufacturing, waste processing, and adult uses. Salons, live-work spaces, and community centers would be “regulated like all other business types.”

(Use standards mean specific requirements the applicant would have to show when they get their business license or building permit. The same people who review those now would ensure that the applicant is planning to meet those specific requirements, and city inspectors would verify these things before the business gets approval to open for customers.)

The two also agree on housing. Exempting shelters and transitional residences from the ZBA was one of the recommendations in the city’s Cut the Tape report, and MPC recommends removing the special use requirement for single-room occupancy (SRO) buildings, shelters, and other group living, a requirement that MPC says “delays or blocks a necessary housing option… for our lowest-resourced neighbors.” This is also the position of Abundant Housing Illinois, which advocates for removing barriers to approving housing and for increasing affordable housing.

I wonder why some uses need a special zoning review at all: hookah bars are on the special use list yet regulating indoor smoking is a job for health and licensing rules, not zoning. That’s an argument for MPC’s approach: review each item in the special use list, permit the low-impact uses by right, and keep a real hearing for the few that need it.

What about the alderpersons?

The obvious objection is that the zoning administrator becomes the person angry alderpersons blame. Alderpersons wouldn’t get a formal sign-off under the ordinance, though they’d receive the same notice that nearby property owners get.

But MPC notes that alderpersons already aren’t officially part of the ZBA process, and yet “in practice, alders hold major sway in the outcome,” so special use applications “often require political support to move forward.” Moving the decision to staff, with a deadline, gives that informal pressure less room to work.

That’s part of why it’s notable that this proposal came from Ald. Yancy. His predecessor in the 5th Ward tried to rezone a stretch of the 71st Street commercial corridor to single-family residential, which would have given her a veto over any business that wanted to open there. Yancy is proposing to give some of that kind of power away.

Where it stands

The ordinance has not been heard in committee. One of its co-sponsors, Ald. Gilbert Villegas, now chairs the Committee on Zoning, Landmarks and Building Standards. Villegas should give Yancy’s ordinance a hearing and the committee should pass it. Then the city planning department and committee should later take up MPC’s larger recommendation: write use standards into the code and let low-impact uses like salons open by right.

  1. There are 1,730 licensed hair, nail, and skin care locations in Chicago. The 1,112 in “B” districts are subject to the 1,000-foot proximity rule, and 84 percent of those are within 1,000 feet of another salon. Their median distance to the nearest salon is 336 feet. ↩︎

Three ordinances would decide whether Chicago’s lowest-cost housing gets easier or harder to build

Three ordinances introduced at City Council in the last four weeks would change the zoning rules for single room occupancy (SRO) buildings, shelters, and community homes. One of them makes it easier to build these kinds of housing. The other two ordinances would add new requirements that would make it more expensive to build them, extend approval timelines, and reduce the number of eligible locations for building them.

The ordinances arrive during a housing shortage that is most severe at the bottom of the market but only one would make a positive impact. Let’s review the latest information on housing supply in Chicago:

  • The Chicago metro area is short about 224,000 rental homes that are affordable and available to extremely low-income renters (households earning 30 percent or less of the area median income, or $25,200 for one person), according to a March 2026 report from Housing Action Illinois and the National Low Income Housing Coalition.There are only 31 such homes for every 100 of those households.
  • Chicago permitted 3,916 new homes in 2025, last among U.S. jurisdictions with at least a million residents, according to Census Bureau building permit data.
  • The city’s point-in-time count on January 22, 2026, found about 6,527 people who are staying in shelters or outside, down 12 percent from 2025 but near an all-time high.
  • The number of people sleeping outside rose almost 25 percent, to about 1,641, even though the count happened on one of the coldest nights in recent memory.
  • People are sleeping in parks and under viaducts. For several years, news media have reported on tent encampments along the North Branch of the Chicago River and in Ronan Park in Albany Park, and the city cleared one at Legion Park in March after two fires there. At Gompers Park in North Mayfair, the city matched about 30 encampment residents with housing at a March 2025 “Accelerated Moving Event.” The Park District removed the remaining tents in May 2025 to build a nature play space, and many of the people still living there moved across the street to Eugene Field Park. Park District Superintendent Carlos Ramirez-Rosa has said there are about 60 encampments in the city, mostly in parks, that residents of a cleared encampment generally move to another park, and that Chicago lacks enough housing for people experiencing street homelessness.
  • In the 34th Ward, people set up tents under the Metra viaducts on Lake Street near Clinton Street, next to Ogilvie Transportation Center. When the city cleared that encampment in December 2023, seven people accepted rehousing help from the Department of Family and Support Services and 15 declined. Ald. Bill Conway said at the time that many might return.

The three ordinances take different approaches in light of the situation.

  • Ald. Anthony Quezada’s ordinance would allow SROs and shelters by right on most commercial streets and downtown.
  • Ald. Pat Dowell’s would require a special use hearing for any new SRO in a residential district, when currently that is not required.
  • Ald. Ronnie Mosley’s would add new notification requirements for community homes, transitional residences, and transitional shelters, as well as minimum spacing rules between existing and new uses in those categories. This ordinance would drastically reduce the number of eligible locations for these housing types.
OrdinanceSponsorIntroducedWhat it does
O2026-0029459Ald. Anthony Quezada (35th Ward) + 11 othersOctober 14, 2026Allows SROs and shelters by right in most business, commercial, and downtown districts
O2026-0027579Ald. Pat Dowell (3rd Ward)September 23, 2026Requires a special use for new SROs in RT-4 and all RM districts, when currently that is not required
O2026-0029477Ald. Ronnie Mosley (21st Ward) + 30 othersOctober 14, 2026Adds 1,000-foot spacing rules, notifying the local alderperson and police district commander, as well as a bigger notice radius to property owners for proposed community homes, transitional residences, and transitional shelters

A quick glossary

The zoning code has its own vocabulary for these housing types, so here’s what each one means in plain language:

  • Single room occupancy (SRO): a building of small, private rooms, often with shared kitchens or bathrooms. Historically these were residential hotels and for young men moving to the city for the first time looking for work.
  • Temporary overnight shelter and transitional shelter: places for people experiencing homelessness to sleep, either night-to-night or for a longer stay while they find permanent housing.
  • Transitional residence: a temporary, supervised living arrangement, such as housing for people undergoing substance use treatment or reentering society after being incarcerated.
  • Community home: a group home where people with disabilities live together as one household, sometimes with staff. A “family” community home is smaller; a “group” community home is larger.
  • Special use: a use the zoning code doesn’t allow by right. The applicant has to notify owners of nearby property owners, hire (usually) an attorney, and win approval at a public hearing of the Zoning Board of Appeals.

It’s the experience of every person or organization who has to obtain a special use that their project costs more, is approved later than expected, requires hiring consultants, and pays additional city application fees. These applicants are constantly working under the possibility of being denied after the applicant has already bought or leased the property.

For these types of housing, specifically, applicants and the people who they would house are often subjected to vile NIMBYism and bigotry during this process. Housing delayed is housing denied.

Quezada’s ordinance: SROs and shelters by right in business and downtown districts

Ald. Quezada’s ordinance, co-sponsored by 11 colleagues, would expand where SROs and shelters are allowed without having to get a special use, to the business, commercial, and downtown zoning districts. B and C districts line most of Chicago’s commercial streets, often near transit. D districts are only in downtown, including River North, South Loop, and part of West Loop.

UseDistricts going from special use to permitted
Single room occupancyB1, B3, C1, C2, DC, DX (already permitted in B2 and DR)
Temporary overnight shelterB1, B2, B3, C1, C2, C3, DX, DR
Transitional shelterB1, B2, B3, C1, C2, C3, DX, DR
Transitional residenceNo change; still a special use

Dowell’s ordinance: special use for SROs in residential districts

Ald. Dowell’s ordinance would amend one line in the zoning code’s residential use table (Section 17-2-0207). Today, SROs are permitted by right in RT-4, RM-4.5, RM-5, RM-5.5, RM-6, and RM-6.5 districts. The ordinance strikes the “P” and replaces it with “S” in all six, which would thus require new SROs and some renovations of existing SROs to obtain costly special use approval from the Zoning Board of Appeals.

Those districts are where Chicago allows apartments and condo buildings. (SROs already aren’t allowed in districts that mandate detached single family housing and don’t allow multifamily housing.) There would be no residential district in Chicago where someone can build an SRO with only a building permit.

This doesn’t change the city’s 2014 SRO Preservation Ordinance, which protects existing SRO tenants when a building is sold or converted.

Mosley’s ordinance: spacing, notification, and a bigger notice radius

Ald. Mosley’s ordinance has 30 co-sponsors, including Ald. Dowell. It adds four new requirements:

  1. 1,000-foot spacing for community homes. A community home would be prohibited within 1,000 feet of another community home (new 17-9-0104.2).
  2. 1,000-foot spacing for transitional residences and shelters. Either one would be prohibited within 1,000 feet of another transitional residence or transitional shelter (new 17-9-0115-E).
  3. Notification before opening. Community homes that are permitted by right, and therefore don’t need a special use, would still have to notify the alderman’s office at least 30 days before they start operating (new 17-9-0104.1). Transitional residences and shelters would have to notify the Chicago Police Department district commander when they file for a special use (new 17-9-0115-D).
  4. Four times the notice radius. Special use applications for community homes, transitional residences, or transitional shelters would have to mail notice to every property owner within 1,000 feet, instead of the standard 250 feet. That’s twice the 500-foot radius the code requires for landfills, incinerators, and waste transfer stations.

A 1,000-foot radius is about a block and a half in every direction (a standard Chicago block is 660 feet). Mailing to every owner in that circle costs more and reaches more people. The spacing rules mean that once one group home or shelter opens, the surrounding area is off-limits to the next one. And the proposed ordinance offers no variation or other relief from the 1,000-foot spacing rules. This increases the number of letters that have to be sent by about seven times.

It’s my understanding that community homes house people with disabilities, and the federal Fair Housing Act prohibits zoning rules that discriminate against them. Spacing rules for group homes have been challenged before. In 1996, a federal appeals court ruled that the Fair Housing Act preempts Michigan’s spacing and notice requirements for adult foster care homes, which included a review of similar facilities within 1,500 feet (Larkin v. Michigan Department of Social Services). Other court rulings have found that refusing an exception, or reasonable accommodation, from spacing requirements violates the law. In 2022, a federal jury ordered Springfield, Illinois, to pay $293,000 after the city tried to close a group home under its 600-foot spacing ordinance.

What the Metropolitan Planning Council recommends

The Metropolitan Planning Council (MPC) published At What Cost?, an honest assessment of Chicago’s zoning and land use regulations, earlier this month, after a three-year study that gathered input from more than 700 people (including yours truly). Timing between their report and the three proposed ordinances is coincidental!

MPC recommends removing the requirement that “single-room occupancy buildings, shelters, and other group living quarters” get special use approval in many zoning districts, because it “delays or blocks a necessary housing option.” More broadly, MPC recommends permitting most current special uses by right, with use standards, and reserving Zoning Board of Appeals review for uses with likely health and safety impacts, such as heavy manufacturing, waste processing, and adult uses. MPC’s analysis of ZBA decisions from 2011 to 2023 found that the board approves 92 percent of applications and explicitly denies only 3 to 4 percent, but that the process is complex and lengthy, often requires an attorney, and depends heavily on the local alderperson’s support.

If parking relief is granted to just about every development, why require parking in the first place?

The Chicago zoning code requires nearly every development, new or renovated, to provide on-site car parking. The code also provides relief from that requirement, most often in the form of cutting the requirement in half if the development is in a “transit served location”. Further relief – getting closer to zero parking spaces required – can be requested via administrative adjustment to the Chicago Zoning Administrator. (Learn about other methods of relief from Chicago’s parking mandates.)

Sometimes, however, that administrative adjustment must be converted to an application for variation that’s heard by the Zoning Board of Appeals (ZBA).

Pete Snyder and I tabulated all of the requests for parking relief – by way of a variation application – heard by the ZBA from January 2022 through January 2025.

Here’s what we found in that 37-month period:

  • There were 73 applications for parking relief (an average of two per ZBA meeting).
  • A little more than half of the applications (39) explicitly mentioned the development being in a transit-served location.
  • Those 73 applications requested relief from having to provide 661 car parking spaces.
  • At $10,000 per surface parking space that reflects a savings of about $6.6 million in construction costs.
  • Assuming all spaces would be on the ground, this is the equivalent of 3.5 acres of land which does not need to be acquired or if already acquired can be used for other purposes. Bell Park in Dunning is approximately 3.5 acres.
  • Each applicant pays $500 for the 72 variations and one applicant paid a $1,000 application fee for their special use.
  • Most applicants hired and paid an attorney to handle their application. Lawyer fees vary and are not made known to the public, but for variations are usually multiple thousands of dollars. Lawyers typically charge more for special use applications.
Google Maps aerial photo of Bell Park

Understanding how much relief from costly parking mandates is incomplete if we only study variations. The default method, at least for locations within transit-served areas, is to ask for an administrative adjustment, which has a lower bar of obtaining approval – but we don’t have data about the number of these. Another way to get parking relief is to apply for a rezoning and bundle the relief request within that application; data on that is forthcoming.

Follow the parking reform advocacy work in Chicago by visiting these websites:

Many of Chicago’s bungalows were built with basement ADUs

It’s easy to check: is there a ground-level door on the side gangway, or at the rear?

  • Walk up and down the streets of Vittum Park and Archer Heights and you’ll see dozens of houses with gangway doors.
  • Over in Portage Park a bungalow in the 45th Ward has a door at the front corner, a couple of steps down.

Back in 2018 I wrote about whether “lock off apartments” like these would be allowed by the Chicago zoning code. This was before I realized that so many bungalows have these; they’re so inconspicuous that they’re easy to miss.

Did you know that the city has 14 bungalow districts on the National Register of Historic Places? All but one would be severely affected by the proposed ADU expansion ordinance that would require homeowners to obtain a special use from the Zoning Board of Appeals in order to permit an existing ADU so someone can legally continue living in a separate household, or to permit the build out of a new ADU. That’s because most – if not all, but I didn’t check each one – of the land is zoned RS-1 and RS-2.

Google Street View images show six selected bungalows in Archer Heights that have side doors to basements. The status of each (whether they are separate households or shared with the household on the first floor) is unknown. Legally, however, most homeowners would not be able to rent out a basement unit because of zoning code restrictions here that the ADU ordinance could change. Thank you to Danny Villalobos for finding these; Danny is a fellow member of Urban Environmentalists Illinois, which has this petition gathering support for expanding the ADU ordinance citywide.

Only the homeowners in the Falconer Bungalow Historic District in Belmont Cragin would be exempt from that requirement in the proposed ADU expansion ordinance because none of the bungalows are zoned RS-1 or RS-2.

In a recent blog post I quantified how many small-scale residential properties would be affected by the RS-1/2 “carve out”. In this post I’m discussing those same kinds of properties but in the 13 bungalow historic districts that would be affected.

A list of 13 of the 14 historic bungalow districts in Chicago and the number of small-scale residential properties that are in RS-1 and RS-2 zoning districts that would have to obtain a special use from the Zoning Board of Appeals in order to have an ADU if the current version of the proposed ADU expansion ordinance would be adopted.

Comment to Chicago zoning committee about the insufficient number of Zoning Board of Appeals members

Update: On July 19, 2024, Ald. Knudsen (43rd) introduced an ordinance that does what I suggested an ordinance could do. It’s very short: 7 new words and 1 changed word. Read the ordinance, O2024-0010982.

June 25, 2024

Hello members of the Chicago city council committee on zoning, landmarks, and building standards. My name is Steven Vance. I am a resident of the city of Chicago and an urban planner. I have spoken to this committee multiple times this year about matters that affect how much housing gets approved to be built in the city. 

I reiterate my comment from your April 8, 2024, meeting that the committee should amend the zoning ordinance to ensure that the Zoning Board of Appeals can function when there are not enough board members. Nearly three months later the ZBA is still incomplete. The City’s Municipal Code requires that the ZBA has five members and two alternates. Alternates fill in for members when they are unable to attend meetings, due to illness or personal matters. 

Screen grab showing a thumbnail of me speaking to committee.

In February, the ZBA was short two members which may have led to the failure to approve a proposed shelter in Uptown, as proposals require three affirmative votes and the proposal received two affirmative votes. The ZBA having incomplete membership puts the timely approval of applications for special use and variations at risk. This shortfall materially jeopardizes new development, especially matters involving new housing.

Since April, Mayor Johnson appointed two members, but only one, Adrian Soto, has been confirmed. 

The ZBA’s current state of four members is bound to affect more projects. I mentioned in April that at least two more shelter housing applications, which have support from the Chicago Department of Housing, are intending to be heard this year at ZBA but those projects have yet to come before ZBA. 

The proponents of those shelters could be feeling forced to wait until the ZBA has a full membership or else suffer the same fate as the shelter that failed at ZBA in February. This could push back construction and operations of the shelters, and further exacerbate the housing shortage and homelessness crisis in Chicago.

The Mayor and City Council should immediately take any reasonable steps within its authority to address housing and homelessness in the City, including:

  • First, prioritizing a fifth member.
  • Second, making pragmatic amendments to the code to allow alternates to sit in when there are fewer than five regular appointed ZBA members. The current code allows alternates to sit in only for regular members who are missing that day, and
  • Third, the committee should advance the Cut The Tape initiative which recommends revising zoning code requirements that “require all shelters and transitional housing developments to seek approval from ZBA, regardless of building size, form, or underlying zoning designation” – closer to an “as of right” situation that applies to most kinds of housing. 

 I speak for many when I urge this committee to legalize housing and adopt changes to effect such a strategy.