Chicago Laws

Cityhealth: Inclusionary Zoning Laws

Question:

Is the developer permitted to build a percentage of units off-site?

Answer:
Yes
This answer is derived from 2 section of law
Citation:
  • citation 1: see full citation
    (2)   Higher income areas. In higher income areas, a developer subject to the provisions of subsection (C) must provide at least 25% of the required affordable units on-site or off-site. The developer may satisfy the balance of its affordable housing obligation through: (a) the establishment of additional on-site or off-site affordable units; (b) payment of a fee in lieu of the establishment of affordable units; or (c) any combination thereof. The amount of the in lieu fee shall be $125,000; provided that, if the developer provides and then sells or leases at least 25% of the required affordable units in the residential housing project to an authorized agency pursuant to subsection (Q), the in lieu fee shall be reduced to $100,000 per unit. If the developer elects to provide affordable units off-site, the off-site affordable units must be located within a two mile radius from the residential housing project and in the same or a different higher income area or downtown district. see full law
  • citation 2: see full citation
    (4)   Downtown districts – Owner-occupied units. In the downtown districts and in planned developments with an underlying downtown district zoning classification, a developer of owner-occupied units subject to the provisions of subsection (C) may establish affordable housing by one or more of the following: (a) the establishment of affordable owner-occupied units as part of the residential housing project; (b) the establishment of off-site affordable owner-occupied units; (c) payment of a fee in lieu of the establishment of on-site or off-site affordable owner-occupied units; or (d) any combination thereof. The amount of the in lieu fee shall be $140,000 per unit through and including the first anniversary of the publication date, and $175,000 per unit thereafter; provided that, if the developer sells or leases at least 25% of the required affordable units in the residential housing project to an authorized agency pursuant to subsection (Q), the in lieu fee shall be reduced to $115,000 per unit through and including the first anniversary of the publication date, and $150,000 per unit thereafter; and provided further that, if the developer elects not to provide a minimum of 25% of the required affordable owner-occupied units either on-site or off-site, the in lieu fee shall be increased to $160,000 per unit through and including the first anniversary of the publication date, and $225,000 per unit thereafter. If the developer elects to provide affordable owner-occupied units off-site, the off-site affordable units may be located anywhere in the City, subject to the Department’s approval. see full law