(310 ILCS 67/40)
Nonresidential development as part of an affordable housing
(a) An affordable housing developer who applies to develop property that
contains nonresidential uses in a nonresidential zoning district must designate
either at least 50% of the area or at least 50% of the square
footage of the development for residential use.
Unless adjacent to a residential development, the nonresidential zoning
district shall not include property zoned industrial. The applicant
bears the burden of proof of demonstrating that the purposes of a
nonresidential zoning district will not be impaired by the construction of
housing in the zoning district and that the public health and safety of the
residents of the affordable housing will not be adversely affected by
nonresidential uses either in existence or permitted in that zoning district.
The development should be completed simultaneously to the extent possible and
shall be unified in design.
(b) For purposes of subsection (a), the square footage of the residential
portion of the development shall be measured by the interior floor area of
dwelling units, excluding that portion that is unheated. Square footage of the
nonresidential portion shall be calculated according to the gross leasable
(Source: P.A. 93-595, eff. 1-1-04.)