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Kitchen in the basement - illegal or not?

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mitrich2001

Freshman Member
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Mar 5, 2009
Professional Status
Certified Residential Appraiser
State
Illinois
In the Pittsburgh area, a basement kitchen usually means one thing--the owner is Italian. The kitchen basement is used for canning and cooking during the warm summer months. 9 times out of 10 you'll also find a bocci court in the backyard. Very common and generally legal hereabouts.
 
I don't know about the particulars in your area.

In many areas across the country, below-grade apartments are allowed provided they meet certain safety regulations. Typically there are ingress and egress issues that must be meet, such as a door, plus a window of a certain size that leads to ground level or a well of a certain size with stairs. There may be health code issues to address.

It might be helpful to speak with the relevant building and/or planning department.
 
Questions:

1. Zone? Date Built?

2. Zoning Use Classification?
3. Assessment & Building Records reflect a 2 unit dwelling over an unfinished basement?

BUILDING CODE - DIVISION 3

http://www.amlegal.com/nxt/gateway....efault.htm$3.0$vid=amlegal:chicagobuilding_il

13-56-020 Class A, residential units.
13-56-030 Class A-1, single-family dwelling.
13-56-040 Class A-2, multiple dwellings.

13-196-520 Residential buildings – Basement units.

A basement space used as a habitable room or family unit shall comply with the following:
1. The floor depth below grade is not limited if the floors and walls are impervious to leakage of underground and surface runoff water and are protected against dampness.
2. The required minimum window area is located entirely above the finished elevation of the ground adjoining the building wall in which the windows are located.
(Prior code § 78-50)

13-196-650 Pre-ordinance conversion to existing buildings – Applicability.

A pre-ordinance (built before July 8, 1957) residential building or building of mixed residential occupancy not complying with the requirements in force and applicable to the building at the time of its conversion may, if permitted by the Zoning Ordinance, be altered so as to legalize the present number of dwelling units provided such building complies with all the provisions of Chapter 13-196. For conversions which have added only one additional dwelling unit over the original number permitted, the provisions of Section 13-196-740 shall apply.

13-196-740 One additional dwelling unit over original allowed – Conditions.

A pre-ordinance (built before July 8, 1957) residential building or building of mixed residential occupancy, not complying with the requirements in force and applicable to the building at the time of its conversion, may be altered so as to legalize one dwelling unit, in addition to the number of dwelling units originally authorized, providing that said unit was determined by the office of the zoning administrator or the zoning board of appeals to have existed prior to July 8, 1957, and provided such building complies with the other provisions of this chapter. Such conversion need not comply with the requirements of the following specific provisions of this chapter:
(a) Section 13-196-660 (height limits); however, in frame buildings, four or more levels of living space shall be prohibited and in buildings of ordinary construction, with or without attic living space, five or more levels shall be prohibited;
(b) Section 13-196-050; however, all dwelling units must comply with the exit provisions of Chapter 13-160 except basement dwelling units may have a second exit through a room containing a heating plant;
(c) Section 13-196-670 (stairwell enclosures);
(d) Section 13-196-680 (corridor enclosures);
(e) Section 13-196-690 (dwelling separations);
(f) Section 13-196-710 (basement ceiling construction); however, if the basement contains a dwelling unit the entire basement ceiling construction is to be wood lath and plaster of half hour construction;
(h) Section 13-196-720 (heating plants); however, basement apartments are to be separated from heating plants with partitions of one hour construction.
(Prior code § 78-72; Amend Coun. J. 6-14-95, p. 2841)

ZONING

17-2-0100 District descriptions.

17-2-0101 Generally. The “R”, residential districts are intended to create, maintain and promote a variety of housing opportunities for individual households and to maintain the desired physical character of the city’s existing neighborhoods. While the districts primarily accommodate residential use types, nonresidential uses that are compatible with residential neighborhoods are also allowed.
17-2-0102 RS, Residential Single-Unit (Detached House) Districts. The primary purpose of the RS districts is to accommodate the development of detached houses on individual lots. It is intended that RS zoning be applied in areas where the land-use pattern is characterized predominately by detached houses on individual lots or where such a land use pattern is desired in the future. The Zoning Ordinance includes three RS districts – RS1, RS2 and RS3 – which are differentiated primarily on the basis of minimum lot area requirements and floor area ratios.
17-2-0103 RT, Residential Two-Flat, Townhouse and Multi-Unit Districts. The primary purpose of the RT districts is to accommodate detached houses, two- flats, townhouses and low-density, multi-unit residential buildings at a density and building scale that is compatible with RS districts. The districts are intended to be applied in area characterized by a mix of housing types. The districts are also intended to provide a gradual transition between RS districts and higher density RM districts. The RT districts are differentiated primarily on the basis of allowed density (minimum lot area per unit) and floor area ratios. The RT4A designation is intended to accommodate and promote multi-unit buildings containing accessible dwelling units. See also Sec. 17-2-0105.

ZONING - USE CHART BY DISTRICT (see PDF attachment)
 
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Imagine a typical Chicago 2-flat with a finished basement, which has a kitchen. It is commonly believed that the kitchen in the basement is illegal. However, I went through the Chicago Municipal Code, Chicago Zoning Ordinance and Land Use Ordinance and Building Code and related excerpts of the Municipal Code of Chicago, available on-line and did not find any proof that the kitchen in the basement is illegal. Does anybody know how the kitchens in the basements in Chicago are regulated?

Only because a kitchen is located in the basement does not make it illegal.

However, it is true that the city does not “like” kitchens in basements as they are often associated with illegal units.

e.g. In your example above, the city will consider the kitchen in the basement illegal if the finished basement is set up (or may function) as a separate dwelling unit (aka in-law unit). Sometimes that is the city inspector’s judgment and we all know their opinions are always unbiased :new_all_coholic:.

17-17-0248 Dwelling Unit. One or more rooms arranged, designed or used as independent living quarters for a single household. Buildings with more than one kitchen or more than one set of cooking facilities are deemed to contain multiple dwelling units unless the additional cooking facilities are clearly accessory and not intended to serve additional households.
 
Certificate of occupancy

See if the owner has a certificate of occupancy. I was surprised to find that on occasion, homeowners were able to provide this to me.

I believe that before listing a property, an agent will go to the city for the certificate if they are uncertain.

My feeling is that is tough to hang your hat on a personal interpretation of Chicago's building and zoning codes unless its very explicit. On the other hand, you might have a number of assignments for a particular lender and will be unlikely to get a certificate of occupancy each time you need it.

If you want a trinket of information to hang your hat on, the Cook County Assessor's record states the number of units, accuracy is uncertain.

Wasn't there an AI course about illegal apartments in the not too distant past?

Anyway, if you get a better answer than those given, please post.

Good luck.
 
See if the owner has a certificate of occupancy. I was surprised to find that on occasion, homeowners were able to provide this to me.

I believe that before listing a property, an agent will go to the city for the certificate if they are uncertain.

My feeling is that is tough to hang your hat on a personal interpretation of Chicago's building and zoning codes unless its very explicit. On the other hand, you might have a number of assignments for a particular lender and will be unlikely to get a certificate of occupancy each time you need it.

If you want a trinket of information to hang your hat on, the Cook County Assessor's record states the number of units, accuracy is uncertain.

Wasn't there an AI course about illegal apartments in the not too distant past?

Anyway, if you get a better answer than those given, please post.

Good luck.
Just for the record

Before listing a property (if uncertain) a RE agent will go to the city to apply for a Certificate of Zoning Compliance (not a Certificate of Occupancy)

A Certificate of Zoning Compliance is required (since approx. 1998) whenever residential property containing five or fewer dwelling units is transferred or sold in the City of Chicago.

Certificate of Occupancy is associated with a building permit

:peace:
 
My $.02 based on my experience, just the presence of a 2nd kitchen does not make an additional dwelling unit, nor does it make the 2nd kitchen illegal.

If Chicago requires an electrical venting of the kitchen 75% of ALL kitchens are out of code. :rof:

I typically include: the 2nd kitchen is not illegal, the unit is additional living space for related family members and is not a legal apartment for rental.

Hope I'm covering myself as I consider this to be accurate. I have known many building inspectors over the years and their answer is: It depends :shrug:
 
Agree with Double P. Very common in our market. I've also seen them as a Kosher kitchen, oy vey.
 
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