Chicago single family home conversion to a two-flat

[cheekyabby]

I am considering purchasing a Logan Square Chicago 2 flat building from circa 1900. The current owners say they re-zoned the house as a single family home however the building is still constructed as a 2 -flat with separate electrical panels and meters, gas meters and heating a cooling systems and mirrored floor plans each with kitchens, baths, etc. The front stair area was slightly modified with interior doors. The City of Chicago water department considers the property a 2-flat. The alderman says the property is RS-3 but I can legally rent out one unit under that zoning.

What is the legality of renting out the units under RS-3 property? Does the property have to be converted to RT-3.5 to be a legal multi-family building? I understand converting it to an RT-3.5 is something one does through the Alderman, but does anyone know the building codes the property would then have to comply with? I am trying to find out as much as possible since I plan to rent the property and do not need a single family home. Any suggestions, information or advice welcome!

Thank you

 

[Jay Emmar]

Under RS-3, 2-Flat is legal

http://www.amlegal.com/nxt/gateway....=default.htm$3.0$vid=amlegal:chicagozoning_il

Here's the main zoning look-up link

[url]https://gisapps.cityofchicago.org/zoning/liability.html?Submit=Accept[/URL]

 

[Don Fiore]

Zoning, of course, is just one part of the matter. Just because a building is in an RS-3 district doesn't necessarily make it legal for multiple tenancy. The structural configuration must conform to multi-family use per Chicago building code (seperate front & rear entrances, etc). The building code is available on line.

 

[Jim Onderisin]

You might pose your questions directly to Chicago's zoning department. They can help you discover whether the property is a single-family or a two unit. They can tell you what use is permitted and help you resolve your uncertainty.

 

[Don Fiore]

You might pose your questions directly to Chicago's zoning department. They can help you discover whether the property is a single-family or a two unit. They can tell you what use is permitted and help you resolve your uncertainty.

As I indicated earlier, that alone can provide misleading information. Just because a building is located in an area where multi-family use is permissible doesn't necessarily mean that particular building is legally configured for that use. I've encountered this situation a half dozen times, with borrowers waving a letter from building & zoning stating that his property is located in a multi-family district as proof of the "legality" of his illegally multi-tenanted building.

 

[Deleted member 80407]

Check the St Bens area. The conversion of 2 unit dwellings to single family units is quite common. The R3 zoning district is for single family detached housing. As a 2 unit the property has a legal nonconforming use due to the Grandfather Clause of 1957. However, once the 2 unit is turned into a single family house, the property will not be allowed to change back to a 2 unit dwelling in the future.

 

[cheekyabby]

Thank you all for your replies. I have consulted a zoning attorney. He told me there are conflicting requests logged with the city regarding SFH and Two Flat zoning on the property- both were requested first a SFH zoning and then a two flat zoning in 2009. It's unclear if the city granted either according to records.

He indicated there are two ways for the property to be a legal two flat in RS-3 zoning:

1: The lot must meet or exceed 2500 sq feet of land per unit

2: If 60% of the same side of the block contains multi-unit dwellings

The lot size I am considering is 35 x 150 so we should meet the criteria for legal two flat use under option 1. The alderman thinks the property is currently adequately zoned for such use. The Water Department thinks it is a two flat property. I plan to contact the zoning department to confirm.

I understand the zoning will come under review if I pull a permit for construction which I may need to do in order to bring the back stair/fire escape to code. Does anyone know if I need a permit for that?

Again thank you all for your helpful answers. Let me know if you think I am in the clear. I look forward to any more thoughts on the issue.

 

[cheekyabby]

Additionally... I have tried searching/reading the building codes for Two-flats but I can't decipher them. If anyone has a link to the building codes written in ENGLISH please include it. I know I need 2 paths of egress on each floor (which it has) and I understand I will have to bring the exterior stairwell to code. I am not sure about anything else.

Thank you.

 

[DTB]

The seller MUST furnish a Zoning Cert in order to sell the property, I'd wait for that.

OTOH, often one can influence what the Zoning Cert will say, depending on how you Cert request is filled out. :icon_mrgreen:

 

[Scott Kibler]

You say the owners "re-zoned" the two flat as a single family but your description of the building implies it is still functionally a two unit property. Are you referring to the city zoning ordinance changes from 2004 when "R-3 General Residential" became "RS-3 Residential Single Unit (Detached House) District"? If so, know that as previously discussed, two unit residential remains a permitted use in RS-3 districts, subject to lot density and such.

At any rate, reread DTB's post above; the zoning cert rules all and often fits a required need. This IS Chicago, after all.