What is a Setback Variance, and When Do You Need One in Chicago?

Setback requirements in Chicago zoning law determine how far a building must be from property lines, and while they’re designed to ensure light, air, and privacy, they don’t always align with real-world site constraints or development goals. That’s where a setback variance comes in.

Whether you’re planning a home addition, a new construction project, or adapting a commercial space, understanding when and how to request a variance can be the key to unlocking your property’s full potential while staying compliant with city regulations.

What is a Setback Requirement?

Setback requirements are zoning regulations that dictate the minimum distance required between a structure and the property lines. In Chicago, setbacks are specified in the Chicago Zoning Ordinance and vary depending on the zoning district where your property is located.

These requirements serve several important purposes:

• Creating consistent streetscapes and neighborhood character
• Ensuring adequate light, air, and open space between buildings
• Reducing fire hazards and promoting safety
• Providing space for landscaping and stormwater management
• Maintaining privacy between neighboring properties

Types of Setback Requirements in Chicago

Chicago’s zoning ordinance establishes several types of setbacks that apply to properties throughout the city:

Front Setback

The front setback is measured from the front property line (typically adjacent to a street) to the nearest point of the building. In residential districts, front setbacks help maintain a uniform appearance along the street and provide space for front yards.

In Chicago’s RS1, RS2, and RS3 residential districts, the minimum front setback is typically 20 feet, though this can vary based on the established setback of neighboring properties. In denser districts like RT3.5, RT4, and RM, front setbacks may be reduced to 15 feet or less.

Rear Setback

Rear setbacks create space between the back of your structure and the rear property line. In most Chicago residential districts, the rear setback is 30% of lot depth or 50 feet, whichever is less (with a minimum of 30 feet in RS1-RS3 districts). In business and commercial districts, rear setbacks often range from 16 to 30 feet when adjacent to residential districts.

Side Setback

Side setbacks determine how close you can build to the side property lines. In Chicago’s RS districts, side setbacks are typically calculated based on lot width, with combined side setbacks often equaling 20-30% of lot width (with minimums for each side).

For example, in an RS3 district with a 30-foot-wide lot, you might need a minimum combined side setback of 6 feet (20% of lot width), with at least 2 feet on each side.

What is a Setback Variance?

A setback variance is a formal request to the Chicago Zoning Board of Appeals (ZBA) seeking permission to build closer to a property line than what the zoning ordinance normally allows. It’s essentially asking for an exception to the established setback rules.

For example, if your zoning district requires a 5-foot side setback but you need to build 3 feet from the property line, you would need to apply for a 2-foot side setback variance.

When Do You Need a Setback Variance in Chicago?

You may need a setback variance in Chicago in several common scenarios:

1. Building on Narrow or Irregularly Shaped Lots

Chicago has many narrow lots, particularly in older neighborhoods. If your lot is narrower than the standard lot in your zoning district, strict adherence to side setback requirements might leave insufficient space for a reasonably sized home.

For example, if you own a 25-foot-wide lot in a district requiring 3-foot side setbacks on each side, you’d be limited to a 19-foot-wide house. A setback variance might allow you to build a wider structure.

2. Additions to Existing Non-Conforming Structures

Many older Chicago buildings were constructed before current zoning regulations were in place and do not comply with today’s setback requirements. These “non-conforming structures” are generally allowed to remain, but if you want to expand or add to them, you may need a variance to maintain the existing setback line.

3. Unique Topography or Site Conditions

Properties with unusual physical features like steep slopes, unusual lot configurations, mature trees worth preserving, or other constraints might qualify for setback variances if these conditions make it difficult to comply with standard requirements.

4. Porches, Decks, and Exterior Features

One of the most common setback variance requests in Chicago involves front porches, decks, stairs, and balconies. Even on properties that otherwise conform to zoning requirements, these features often extend into required setbacks and need variances.

5. Garage Placement

Chicago’s alley system means many garages are located at the rear of properties. When rebuilding or relocating a garage, setback variances may be needed, especially on smaller lots.

The Process of Obtaining a Setback Variance in Chicago

If you determine that you need a setback variance, here’s what the process typically looks like in Chicago:

1. Initial Zoning Consultation

The process begins with the Department of Planning and Development’s Zoning office. You’ll need to present your plans, and if they confirm you need a variance, they’ll provide a written denial of zoning certification that becomes part of your variance application.

2. Prepare and File the Variance Application

Your variance application to the ZBA must include:

• The official variance application form
• Detailed site plans showing existing and proposed structures
• The specific variance(s) requested and their dimensions
• A plat of survey
• Photographs of the property
• Architectural drawings
• Written findings of fact explaining why you meet the criteria for the variance
• Application fee (typically $525+ for residential variances)

3. Notification Requirements

You must notify all property owners within 250 feet of your property boundaries about your variance request at least 15 days before the hearing. This notification must be sent by certified mail with return receipt requested, and you must provide proof of this notification to the ZBA.

4. Public Hearing

The ZBA holds public hearings on the third Friday of each month. At your hearing, you’ll need to present your case and explain why your request meets the standards for a variance. Neighbors and other interested parties can speak in support of or in opposition to your request.

5. ZBA Decision

Based on the evidence presented, the ZBA will either approve, approve with conditions, or deny your variance request. For approval, you’ll need three concurring votes from ZBA commissioners.

Standards for Granting a Setback Variance in Chicago

Chicago’s Zoning Board of Appeals evaluates variance requests against specific criteria outlined in the zoning ordinance. To obtain a setback variance, you must demonstrate that:

1. Practical difficulties or particular hardship would result from the strict application of the zoning regulations
2. The hardship is due to unique circumstances related to your specific property and is not generally applicable to other properties in the same district
3. The variance, if granted, will not alter the essential character of the neighborhood
4. The hardship was not created by the property owner
5. The variance is the minimum necessary to alleviate the hardship

Importantly, economic considerations alone are not sufficient grounds for a variance. Financial impact may be considered, but there must also be physical or other non-economic hardships.

How a Zoning Attorney Can Help With Your Setback Variance

Chicago’s variance process can be challenging for property owners unfamiliar with zoning procedures. An experienced zoning attorney can:

Evaluate Your Case

A zoning attorney will assess whether your situation meets the legal standards for a variance and help develop the strongest possible arguments for your application.

Prepare a Compelling Application

The success of variance requests often depends on how well you articulate your hardship and demonstrate compliance with variance standards. A skilled attorney knows how to frame your request effectively.

Represent You at the Hearing

Having professional representation at your ZBA hearing can significantly improve your chances of success. An attorney familiar with the ZBA can anticipate questions, address concerns, and present your case persuasively.

Negotiate with Neighbors

If your neighbors have concerns about your project, an attorney can help negotiate acceptable compromises that address their issues while still meeting your development goals.

Find Alternative Solutions

Sometimes, a variance isn’t necessary. An experienced attorney might identify alternatives, such as administrative adjustments or different design approaches that require less zoning relief.

Next Steps If You Need a Setback Variance

If you believe your Chicago property development project might require a setback variance:

1. Review your zoning district requirements on the City of Chicago’s online zoning map to confirm the applicable setbacks
2. Consult with an architect or surveyor to determine exactly how your plans deviate from the requirements
3. Consider alternative designs that might reduce or eliminate the need for a variance
4. Contact a zoning attorney with experience in Chicago variance cases to evaluate your situation
5. Prepare for a 3-4 month process from application to final decision

Remember that setback variances are evaluated on a case-by-case basis. What worked for another property may not apply to yours, as each variance request is judged on its own merits.

Get Help With Your Chicago Setback Variance

At Birchwood Law, we help Chicago property owners successfully navigate the setback variance process. Our attorneys understand the technical requirements, procedural nuances, and strategic considerations that can make the difference between approval and denial.

If you’re considering a construction project that might require a setback variance in Chicago, contact Birchwood Law today for a consultation. We’ll help you evaluate your options and develop a strategy to achieve your development goals.

Disclaimer: This content is for informational purposes only. It is not considered legal advice on any subject matter. The information provided here does not create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon this information without seeking advice from an attorney licensed in your state or country.