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Tip:
Have you
ever wanted to know what changes to the Chicago
Municipal Code occurred during a given month?
ChicagoCodes.com allows you
to search by the date a
change was passed in City Council.
Follow these
steps:
1. Login to ChicagoCodes.com
2. Select the scope
of your search, e.g., Zoning Ordinance, Building
Code, etc.
3. Enter date in
format "MM-DD-YY" in the search by keyword
field. For example, a search on "-99" will
return sections with changes that occurred in
1999.
4. Then from "scope
of search" drop down box select "History," which
will return only sections with the keyword dates
in the history field.
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A
Comprehensive directory of
Contacts,
Codes and
Ordinances,
Special Features and
Demographics
representing the first in a series of
books covering county information in
Illinois.
"Illinois Codes: Cook
County"
is an
indispensable guide to help navigate the
development process in suburban and
unincorporated Cook County.
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your copy now.
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What was the Code
20 years ago?
We can research City Council changes back
to Nov. 4, 1987.
Contact us with your
next research project.
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Table of Contents
Letter from
the Publisher
Green for
Green
Status of
the Life Safety Ordinance
Summary of
Municipal Code Changes
Recent
Court Decisions
Search
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Know the
Code
Welcome to the
new Know the
Code eNewsletter. We hope you
like the new layout and find it useful. Please
feel free to forward this to your
colleagues. They can subscribe for their own
subscription here.
Each quarter we will
email you information you can use. We will
include a feature article on a topic important
to the real estate development community.
This quarter we discuss how choosing to
incorporate "green" initiatives into your
development plans can return green to your
bottom line. We'll cover recent changes to the
Municipal Code of Chicago and the status of
chapters currently under revision. You'll also
learn about search tips for
ChicagoCodes.com and new databases and features.
If you have any questions, comments, or
suggestions, please contact us. Your comments have helped improve our
products and services over the years and we will
continue to solicit and act on your advice.
Sincerely,
Peter Mierzwa
General Manager
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Green for Green: How
to
Subsidize Sustainable
Design by matt baker
Consuming nearly a
third of a typical building’s day-to-day
expenses, energy costs are the single largest
operating concern for building owners and
managers. Fortunately, they also are the most
manageable.
Energy efficient
building features generally cost only 2-5% more
to install than standard installations and pay
for themselves after a few years. But many
developers are reluctant or restricted by budget
to make these upgrades. In light of escalating
energy costs, however, two factors have brought
the focus onto green building: tenant demand and
government grants and subsidies. More and more
municipalities – from the federal level down to
suburban villages – offer incentives to
developers to offset the initial cost of
installing energy-efficient materials and
appliances.
The
U.S. Energy Policy Act
of 2005, for example, offers a $0.30-$1.80 per
square foot tax deduction to commercial building
owners that make qualified energy-saving
upgrades to the building envelope, insulation, lighting and other features.
Illinois offers
many resources to levy the cost of green
building. The Department of Commerce and
Economic Opportunity’s (DCEO) Solar Energy Rebate
program offers a 30%
(up to $10,000) rebate to property owners who
install photovoltaic systems. The DCEO
also grants between $2,000
and $4,500 to developers of affordable housing
who upgrade insulation, windows, lighting or
construction materials to more environmental
standards.
Chicago has
made great strides over the years to
environmentally enhance city buildings, and it
urges residents and developers to follow suit.
Between 2001 (when Chicago installed the
nation’s first municipal green roof atop City
Hall) and 2004, approximately 1 million square
feet of rooftops in Chicago were green; by 2005,
that number rose to 2 million. City incentives
range from a streamlined permit process for
members of the Green Permit
Program, to actual
financial aid; the Historic Chicago Bungalow
Association, for instance,
offers a 50% match (up to $2,000) to eligible
bungalow owners for energy-saving
upgrades.
Would you
interested in attending a conference on making
the most of green technology? If so, please
let us
know.
There are many
sources to offset the higher initial cost of
environmental design, if you know where to look.
For more information, follow these
links:
-
Visit the US Green
Building
Council
-
Read about the EPA's
Waste Program
-
Visit the Department of
Energy
website
-
-
Visit the Chicago
Department of the
Environment's [DOE] Green Technology
site
-
Check our news
page for updates to this
story.
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"The soonest
we can expect to see the new codes presented to
City Council will be early 2007."
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Still Waiting for
Chicago's
Life Safety
Ordinance
by staff writer
Index
Publishing regularly communicates with members
of the Department of Construction and Permits
about the status of the new Life Safety
Ordinance. The last time there was a new Fire
Code in Chicago was the 1999 Code. Last winter
the Chicago City Council passed the High Rise
Ordinance, which is being phased in over the
next couple of years. See our previous article on the phase in
period. The High Rise Ordinance is a very
small part of the new Code provisions replacing
the 1999 Code.
DCAP had been working
on the Life Safety Ordinance when the City
experienced the tragic fire in the Cook County
building, and then shortly thereafter another
fire just blocks away on La Salle street. Many
thought these fires would spur passage of the
new ordinance, but careful and appropriate
consideration is being given to this significant
revision.
Our sources at DCAP
indicate requested changes are being
incorporated. The soonest we can expect to see
the new code presented to City Council will be
early 2007.
Want to hear
about the latest developments on the Life Safety
and other ordinances under revision?
Send us
your email to subscribe to Index
Publishing's newsletter "Know the
Code."
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Summary of Changes
by sarah corlett
In January the City Council added several
new sections to Chapter 4-388 Rooftops in
Wrigley Field Adjacent Area. Sections have
been amended to increase regulations and
licensing restrictions for rooftop
establishments. On February 8, the Council
passed amendments to sections surrounding street
performer regulations, specifically on Michigan
Avenue, in response to community complaints of
noise and congestion. See Chapters 4-268 and
11-4. The powers and duties of the Commissioner
for the Department of Consumer Services have
been redefined as well.
Legislation for advertisement on taxicabs
and hybrid fuel use was amended. Wireless
communication facilities should note alterations
to the review and approval procedure in the
Zoning Ordinance. The March Council meeting once
again addressed evacuation plans for rooftop
establishments in the area abutting Wrigley
Field. The payment plan program for parking
violators has noted changes.
Pay particular attention this time of
year to the Guide to Porch and Deck Design and
Construction found in the Interpretation
Appendix of the Building Code. You will find
that on the Zoning Law page.
See Recent
Changes for a more
detailed explanation of the amendments and
additions to the Municipal Code.
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"Facilities that provide wireless
communication should take a look at changes to
the review and approval procedure in the Zoning
ordinance."
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Recent Court
Decisions by sarah corlett
City of Oakbrook Terrace v. Suburban
Bank and Trust Company, et al.
The City of Oakbrook Terrace attempted to
enforce a zoning ordinance that would regulate
off-premises, freestanding, outdoor advertising
signs. The defendants consisted of the Suburban
Bank and Trust Company, Paramount Media Group,
Inc, the Estate of Rose Alma Robinette and
National Advertising Company. These groups
either owned or leased existing legal,
nonconforming signs or property on which the
contested signs were located. While both parties
filed cross-motions for summary judgment, the
trial court granted the defendants' motions for
summary judgment and denied the City's
motion. This denial
surrounded Section 7-101 of the Eminent Domain
Act. The sign ordinance passed by Oakbrook
Terrace was deemed invalid since just
compensation indicated a loss of home rule
authority to the state judiciary body. The City
was subject to the legislation of the Eminent
Domain Act instead of local legislation.
The Illinois Appellate
Court, 2nd District, affirmed the Circuit
Court's decision that the City of Oakbrook
Terrace could not require alteration of signs
without paying just compensation. The signs were
allowed to remain undisturbed.
To read the full case summary, visit the
Zoning
Law library.
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The County of Cook v.
Allan Monat and Becky Monat
The Circuit Court of Cook County found
that Allan and Becky Monat, property owners, had
violated the County's zoning ordinance by
boarding horses on one-half acre property that
is zoned R-4 and does not allow such use.
Therefore the county imposed fines on the
defendants for noncompliance with the code.
The issue surrounding
this situation begs the question of whether a
special use permit runs with the land or becomes
illegitimate once ownership has
changed. In 1978 previous
owners Ronald Krueger and Frank Williams
received a special use permit from the
Department of Building and Zoning of Cook County
(DBZ) that allowed for the housing of horses and
a private stable on the property even though an
R-4 designation requires at least 3 acres of
land for such activities to occur. The Monat's
argued the permit applied to the land and
ignored the County order to remove the horses. A
written memorandum order was issued by the court
on May 17, 2005 stating that issuance of a
permit did not equate to a zoning change and
that the special use permit expired when
transfer of ownership occurred in 2001. Alan and
Becky Monat would need to apply and obtain a
special use permit from the County of Cook once
again.
The Illinois Appellate
Court, 1st District, Sixth Division, affirmed
the order by the Circuit Court to fine Allan and
Becky Monat for violation of the zoning
ordinance.
To read the full case
summary, visit the Zoning Law
library.
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