Tag: zoning reform

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 How Chicago’s Outdated Zoning and Land Use Systems Thwart Inclusive Growth, published in October 2026.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 more than a decade 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. The average distance between licensed hair salons in Chicago is 563 feet and the median distance is 351. There are currently 1,730 licensed hair, nail, and skin care services businesses that are subject to the proximity rules. ↩︎

Built in 1912, banned in 1957: the courtyard homes at the Damen station

Finding an affordable home near the Brown Line in Ravenswood is hard. Not having enough homes to rent or buy creates cutthroat competition and drives up prices — wait lists for apartments, offers over asking for anyone trying to buy. The retail and day care workers who serve this neighborhood face the same shortage as everyone else: too few homes that meet their needs and budgets, too close to where they need to be.

Half a block from the Damen station there’s a building that shows how local zoning codes can inhibit and prohibit multifamily housing from being built, and how the BUILD plan was designed to start allowing lower-cost housing types again.

Read my previous article about courtyard buildings in Chicago

The building

The courtyard building at 4615-33 N Damen Ave has 45 homes: studios through three-bedrooms, wrapped around a landscaped courtyard, a few hundred feet from rapid transit that connects to jobs across the city. It went up around 1912 (the Cook County Assessors’ Office’s records also say 1914) more than a decade before Chicago adopted its first zoning ordinance. There was no restriction on how many homes could fit on the lot, no required parking, no formula setting a minimum amount of land per apartment required before a permit could be obtained.

(This attached courtyard building is also known in land use and architecture as a point access block because there is a single block of housing with multiple points of access, where each point has a level of two to four apartments sharing a single stair core.)

You could not build this kind of housing on this block today. The law has not allowed it since 1957.

A Sanborn fire insurance map excerpt showing the area around N. Damen Avenue in Chicago's Ravenswood neighborhood, approximately the 4600 block. The Chicago Rapid Transit Lines Ravenswood Branch elevated rail runs east-west across the upper portion of the map, with a station visible near N. Damen. B
Sanborn map showing the Brown Line station and the courtyard building.

Evolution of Chicago’s housing suppression rules

Each time Chicago has revised its zoning rules, the housing capacity of this lot has shrunk:

  • 1912: 45 homes built. Chicago had no zoning ordinance — no parking requirement, no cap on homes per lot, no minimum-lot-area formula.
  • 1957: The city’s first major zoning rewrite added off-street parking requirements and a minimum-lot-area formula. Maximum allowed on this lot: roughly 33 homes. The parking requirement was just as prohibitive: nowhere on this lot to add it without tearing out apartments to pour concrete.
  • 2026: The current code is stricter still. Maximum allowed: 30 homes — three fewer than the 1957 ban permitted, and 15 fewer than actually exist.

You can see it in the property report on Chicago Cityscape: a building fully occupied for over a century, serving its neighborhood, standing half again as dense as current rules in the B3-2 zoning district would allow on its own footprint.

This is what a ban on affordable home choices looks like in practice. The courtyard building style didn’t fall out of fashion. People still choose to live in them. The bans on building new ones were written in 1957 and have only tightened since.

What the BUILD plan would do

The BUILD plan is relevant to this specific address. The plan’s provisions don’t simply gesture at more homes. They name the specific home types that municipalities would be required to allow, and courtyard apartments are on the list. The kind of homes here, in the kind of community that needs more home choices near transit, is the kind of flexibility for responding to housing needs that the bill specifically restores.

Pair that with the BUILD plan’s investment to actually finance construction, and you have a path to more homes — near the jobs, the schools, and the transit that the people our communities rely on need to reach.

Illinois already knows how to build this housing. It’s standing half a block from the Brown Line, a century old and against the rules. Pass the BUILD plan.

Okay, 2026 should be the year Illinois lawmakers do something about the housing shortage

Governor JB Pritzker announced his plan to address the state’s housing shortage in 2026. This is the third year in a row I’ve written about proposed legislation to unlock new housing in Illinois, and this should be the year – the governor and General Assembly leadership are fully aligned since they, together, introduced bills cover six major land use, zoning, and housing development reforms.

Pritzker’s budget address on Wednesday covered a wide range of housing issues in four minutes:

  • the size of the shortage (227,000 new homes are needed by 2030 to keep up with demand)
  • everything is too damned expensive! rent is too high!
  • not enough homes are being built
  • redlining played a role in housing being built less often in certain areas
  • regulations inhibit new homes and small homes from getting built
  • bureaucratic red tape
  • parking mandates require too much parking that are unused and expensive

Watch the full 4-minute housing speech, part of his hourlong budget address.

I propose some non-exhaustive reasons why the average Illinoisan might want to support these reforms:

  • There are 6% year-over-year rent increases which is making it hard for Illinois to be a competitive place to maintain its population and its services. Population loss results in higher costs for everyone because services and pensions are paid for by fewer people.
  • I want Illinois to lose as few Congressional seats as possible in 2030.
  • It encourages new development which spreads the tax burden onto more taxpayers and lowers it for any given taxpayer.

Ask your legislator to support the BUILD plan by sending them a letter. All you have to do is enter your address and the modify the subject line.

It’s a whole set of reforms to lower housing costs

To resolve these issues, Gov. Pritzker is working with legislative leaders in the Illinois House and Illinois Senate to adopt a package of bills:

Third Party Review (SB 4063, Ellman)

In cases where a municipality cannot review a building permit quickly enough an applicant could hire a third-party reviewer. The municipality would have to complete its initial plan review within 15 business days for a one or two-family house, and within 30 business days for “any multifamily, mixed-use, or commercial project”. Each subsequent review cycle would need to be completed within 10 business days.

Additionally, the bill would set inspection standards, specifically requiring a municipality to perform inspections within two business days of the request. Applicants could also use third-party inspector if the municipality does not meet the standard. Municipalities cannot charge additional fees if an applicant exercises this right, and qualified third-party reviewers and inspectors would not be permitted to charge more than the municipality’s fee.

Finally, the bill sets qualification, conflict of interest, and auditing standards, and the bill would also apply to home rule municipalities.


Legalizing Middle Housing (SB 4060, Hunter)

This is a big deal and is the key to unlock the solution to the housing shortage in Illinois. It would allow multifamily housing as of right on all lots that have a minimum area of 2,500 s.f. (To give some context the most common residential lot size in Chicago is 3,125 s.f. and in Oak Park the average residential lot ranges between 4,000 s.f. and 13,000 s.f. depending on the zoning district.)

The bill would permit between two and eight units of housing per lot in a residential zoning district, depending on the size of the lot. It would also permit new housing types that most municipalities ban:

  • Duplexes (a.k.a. two-flats)
  • Triplexes
  • Fourplexes
  • Cottage clusters
  • Townhouses
  • Stacked-flat plexes
  • Attached courtyard housing
  • Detached courtyard housing. This would allow a front house and an equal size rear house, which Chicago has vintage examples of and some architecture firms have proposed as part of the Missing Middle Infill Housing initiative, but the Chicago zoning code does not permit)
Future Firm, a design studio based in Chicago, created this concept that places two detached houses on a single property in Chicago. The current zoning code there does not permit more than one principal building per zoning lot, so if this were to get built the two houses would have to share some part of their structures.

What are some potential impacts?

In Chicago, there are 14,148 vacant lots that are zoned in a way that bans multi-family housing. If 5 percent of those were developed each year with a two-flat that would reduce the city’s housing shortage by 1,415 homes annually. (Chicago has seen an average of 4,357 new homes permitted from 2023-2025.) These zoning districts are pretty broadly distributed in Chicago, and overlap with all kinds of school attendance boundaries and near all kinds of amenities.

In Naperville, there are 35,449 (57 percent of the parcels in the city and 86 percent of parcels that allow residential uses) lots that ban multi-family housing. A minority of those would be improved to have two-family houses which would go a long way to increasing opportunity for Illinoisans (while also increase Naperville’s property tax revenues).

That’s almost too simplistic (and perhaps a bit optimistic) because the bill would permit more housing types than Chicago currently allows, like the detached courtyard housing – these new options would respond to the desire for lower-cost detached housing, increasing or maintaining the density on blocks where deconversions and teardowns are common.

The need for housing extends beyond Chicago and Oak Park. I ran this exercise here because it’s where I have the easiest access to high quality property and zoning data. Every town needs additional housing and additional housing types – for its existing residents and for future residents. Every town with transit service especially needs more housing, because more people should be allowed to take advantage of that service and that public investment.


Parking Reform (SB 4064, Cervantes)

A municipality would not be allowed to require more than 0.5 automobile parking spaces per multifamily dwelling unit or more than one automobile parking space per single-family home.

And parking mandates would be eliminated for several uses:

  • individual dwelling units that have an area smaller than 1,500 s.f.
  • affordable housing developments
  • assisted living developments
  • ground floor non-residential uses in mixed-use buildings
  • when converting a building from non-residential to residential use

The standards would also apply in home rule communities.


Single Stair Reform (SB 4061, Feigenholtz)

Residential buildings up to six stories, with a maximum of four dwelling units per floor, an automatic sprinkler system, and automatic door closers, would be permitted to have a single interior exit stairway (“single stair”). Small multifamily buildings with a single means of egress are as safe or safer than those with more than one.

A typical new apartment building in Illinois has a “double loaded corridor” layout, which has a high apartment per stair ratio. The smart stair option in the center, not currently permitted, has a much lower apartment per stair ratio. The graphic on the right shows that a single stair building can have more variation in unit layouts and sizes (number of bedrooms).

The benefits improve quality of life by making it easier to design multi-bedroom and family-size homes with additional windows for more natural light, and inset porches (allowing for cross-breezes!) because space isn’t needed for a corridor to connect every unit to a second stair way. Homes are closer to the exit in these buildings. Plus, it makes it easier for small, multifamily buildings to “pencil” (make financial sense to undertake) on infill lots which tend to have higher land values.

Note about exiting: at the time of writing I live in a 450-unit apartment building that has five stairs that lead to two exterior stairs (and then there are more stairs after that). I counted that it takes about 220 steps (I have a long stride) to reach the ground; it took me 1 minute and 21 seconds to go from my apartment door, down the stairs, and over to the exterior exit. It takes a little bit more time to descend the last stair to the ground. In a single stair building, that would be limited to 20 feet – far less than the 600-or-so feet in my current abode.

Further reading:


ADUs (SB 4071, Martwick)

Do I even have to say what this is about? The bill would permit accessory dwelling units in all zoning districts that permit residential uses. The state ADU bill, as written in HB5626, could possibly invalidate the labor requirements for coach houses in Chicago (emphasis added):

(1) Each municipality shall permit accessory dwelling units in all zoning districts that permit single-family dwellings without additional requirements for lot size, setbacks, aesthetic requirements, design review requirements, frontage, space limitations, or other controls beyond those required for single-family dwelling units without an accessory dwelling unit.


Impact Fee Modernization (SB 4062, Castro)

The state would create formulas that set maximum impact fees, relative to the impact (i.e. number of students, domestic water and sewer, etc.) and incorporate certain unique contexts, to establish certainty for home builders. Municipalities, include those with home rule authority, would have to adopt the formulas within 30 months after the bill’s effective date.


The House has this package in a single omnibus bill: HB 5626.

Abundant Housing Illinois volunteers were in Springfield yesterday to listen to Governor Pritzker’s budget speech and to push for bold housing solutions to reduce the housing shortage – evident by continually rising prices – that persists across the state.

The new bills that Governor Pritzker’s office announced today – collectively called BUILD – will have a big impact on permitting new starter homes and allowing multi-family housing all over the state, among other changes to speed up housing construction. These bills will have the biggest effect on reducing housing costs when passed collectively.

Join Abundant Housing Illinois for the next lobby day.

Read another observation in A City That Works.