A final City Council vote on legalizing granny flats and coach houses citywide has been teed up after a key committee advanced the measure following a tense debate over the tradition of aldermanic prerogative.
The measure now headed for a council vote would allow for accessory dwelling units, or ADUs, to be built throughout the city without the need to obtain a costly and time-consuming zoning change from City Hall. But the measure now restricts the number of so-called granny flats allowed in neighborhoods dominated by single-family housing.
The Zoning Committee advanced the amended ordinance in a 13-7 vote, but approval in the full City Council is far from certain. A vote is likely to be delayed further if opponents use a parliamentary maneuver to block consideration of the measure when it comes up vote tomorrow.
Advocates argue ADUs produce naturally occurring affordable housing without the need for government subsidies.
"I don't know what alderman in their right mind wants to give up that authority,” said Ald. Anthony Beale, 9th. He voted against the ordinance.
"Why do we get elected if we're not there to protect our community?” he said. “By doing this by-right, without automatic approval, doesn't help me control my community.”
Ald. Brian Hopkins, 2nd, said he supports the policy to build more ADUs, but voted no because “this should be an aldermanic decision.”
"We are elected to make difficult decisions. We are elected to make controversial decisions. We are elected to use our own judgment and represent the often-competing interests within our own ward,” he said.
Mayor Brandon Johnson's administration had delayed a vote for a year while weighing whether to include ADU legalization in a broader package of zoning reforms tied to a proposed settlement with the U.S. Department of Housing & Urban Development. The settlement would resolve a 2018 lawsuit from housing activists who argued that aldermanic control over zoning has contributed to racial segregation in Chicago.
But that agreement has been stalled with the Trump administration taking over HUD and not forcing the issue.
The committee approval came after Johnson and lead sponsor Ald. Bennett Lawson, 44th, made a concession to limit the number of ADUs built in single-family areas. Johnson had previously wanted to allow ADUs across the city without limitations, but was unlikely to win approval.
The city has three zoning designations for single-family homes — RS-1, RS-2 and RS-3 — based on the size of the lot. Only one ADU would be allowed per block in RS-1 districts, two would be allowed in RS-2 and three in RS-3.
Members of the City Council would have the option of eliminating those restrictions on a block-by-block basis, potentially allowing for more ADUs in their wards.
Owners of single-family homes hoping to build an ADU would have to also live in the home.
“This ordinance is a compromise,” said Ald. Byron Sigcho-Lopez, 25th. "Aldermanic prerogative oftentimes has gotten in the way of creating affordable housing. . . .The council today has an opportunity to undo some of the harm of the past.”
In 2021, the City Council approved a test-run of legalizing ADUs, which have been illegal in Chicago since 1957. The return has been limited. Crain’s reported in May that just 373 ADUs had been built in four years, according to an estimate by Chicago Cityscape.
Ahead of the vote, a flood of housing advocates supported the ordinance during public comment.
“ADUs and coach houses are part of the very fabric that makes Chicago’s neighborhoods unique,” said Noah Ayoub, a member of Abundant Housing Illinois. “This proposal is a common-sense change required to tackle our severe housing shortage and build more homes to ensure renters like myself can still afford to call Chicago home.”
