Expanding a legal non-conforming unit in Chicago

[Jack Smith]

I run into this problem often in Chicago. A three flat building also has a full unfinished basement or a bit of attic space as well. I would like to duplex down the first floor unit into the basement, or duplex the third floor unit up into the attic. The basement is below grade; so it would not count against my floor area ratio. That would leave me with some square feet of usable space in the attic. The building is zoned RT-4 in Chicago, and as far as I can tell, there is a minimum requirement of 1000 square feet per dwelling unit. The problem is that the lot is only 2500 square feet. Therefore, at least one of the units in the building is non-conforming according to the current zoning. The building is well over a hundred years old, and all three units are legal. But, can I expand a legal non-conforming use unit? Even if I am not going over the floor area ratio for the lot, does the fact that the lot itself is not large enough to support the density of a third unit prevent me from making use of the additional space? I can't seem to find any applicable literature, beyond the building code saying that you cannot expand non-conforming units. Any help would be appreciated. Thanks!

[Brie Schmidt]

Welcome @Jack Smith

Chicago zoning code is a bit of a mess. Just because the area is zoned RT-4 that does not mean the building is zoned RT-4 - Because the Zoning was set up in the past 40 years and most homes are over 100 years old.

First, check the pin with the assessor and see what the property is zoned as. Most properties are grandfathered in as far as the sq foot per dwelling unit, so as long as you are not reducing it you will be fine. The city can also do an administrative adjustment. We are doing this for our 2 flat that we want to convert to a SFH. Good luck! I have faced many obstacles in my life and dealing with Chicago zoning was one of the hardest.

[Jack Smith]

Hi Brianna,

Thanks for your reply. That is pretty much what I expected to hear. The Chicago zoning is quite difficult, but I feel that spending the time to get to know it can really bring you a competitive advantage. I have done a little more digging this morning, and after speaking to a representative of the Office of the Zoning Administrator, I have discovered that as long as each unit is legal (and that it can be documented), and as long as you do not exceed your maximum floor area ratio specified for the lot zoning type, then there is no restriction on the expansion of the unit. Even just typing that is confusing, I know, but there are some good resources available for anyone with similar questions. I would start by reading the City of Chicago Building Code, at least to familiarize yourself with the rules regarding what you are trying to accomplish.

[Jack Smith]

FYI:

This is the published code applicable to my question:

"17-15-0303-A Except as otherwise expressly stated, the Zoning Administrator is authorized to approve an administrative adjustment allowing a nonconforming use to be expanded into another part of the same building, provided that the Zoning Administrator determines that such expansion:

1. will not result in a violation of off- street parking or loading requirements; 2. will not violate any applicable bulk or density standards; 3. will not result in greater adverse impacts on the surrounding area; and 4. is not expressly prohibited by Sec. 17-15-0303-B." Hope this helps, John

[Brie Schmidt]

@Jack Smith - Yea, my property is a bit different. It is a 2 flat grandfathered in a B3-1 Commercial zone that we want to convert to a SFH - So many more hoops that just creating a duplex.

[Nick L.]

@Brie Schmidt @Jack Smith @Mark Hafeli

Hoping you can help with an interesting case similar to this. I'm looking a century-old 4-flat which is in an RT-4 district. One unit is advertised as storage so I assume only 3 are legal, either because of zoning or because of the Certificate of Occupancy.

I checked the assessor web site to find the specific zoning for the building but it just says 2-6 apts, over 62 years, so I'm not sure whether 4 is legal or not. I don't see any way to examine the Certificate of Occupancy online but I assume that this is only for 3 units.

Questions:

1. How can I determine whether this specific building is zoned for 4 units? Per Brie's comment it may not be even if it's in an RT-4 district.

2. If zoning is ok and I bring the 4th unit up to spec per Mark Hafeli's article at https://www.biggerpockets.com/blogs/4434/32108-wha..., would there be any other problems with converting the building to a legal 4 unit? Or am I missing some other piece of the puzzle?

Note that I plan to keep one unit for my own occasional use when in town, so the conversion isn't critical to my cash flow. It would be a nice-to-have for future sale.

[Nick L.]

Follow up question... the building is in poor condition (which is fine with me, I'm used to major rehabs) and the listing states buyer will assume any building violations. However when I check with the city there don't seem to be any violations. What am I missing?

[Brie Schmidt]

Originally posted by @Nick L.:

@Brie Schmidt @Jack Smith @Mark Hafeli

Hoping you can help with an interesting case similar to this. I'm looking a century-old 4-flat which is in an RT-4 district. One unit is advertised as storage so I assume only 3 are legal, either because of zoning or because of the Certificate of Occupancy.

I checked the assessor web site to find the specific zoning for the building but it just says 2-6 apts, over 62 years, so I'm not sure whether 4 is legal or not. I don't see any way to examine the Certificate of Occupancy online but I assume that this is only for 3 units.

Questions:

1. How can I determine whether this specific building is zoned for 4 units? Per Brie's comment it may not be even if it's in an RT-4 district.

2. If zoning is ok and I bring the 4th unit up to spec per Mark Hafeli's article at https://www.biggerpockets.com/blogs/4434/32108-wha..., would there be any other problems with converting the building to a legal 4 unit? Or am I missing some other piece of the puzzle?

Note that I plan to keep one unit for my own occasional use when in town, so the conversion isn't critical to my cash flow. It would be a nice-to-have for future sale.

 It all depends on your area.  In Chicago we have zoning certificates to determine zoning, and any changes can only be approved by the alderman.  I am not sure how it works in Milwaukee

[Nick L.]

@Brie Schmidt This property is in Chicago. Sorry, I didn't mention that above!

[Brie Schmidt]

Originally posted by @Nick L.:

@Brie Schmidt This property is in Chicago. Sorry, I didn't mention that above!

 PM me the address.

We don't have certificates of occupancy here, only the zoning cert.  But I can check for violations with the department of buildings which sometimes lists the number of legal units.