Home-based Studios, Attics, Basements and Garages

Although not specifically outlined in the Zoning Ordinance, artist can have studios in their private residences. What does this mean? You can make art in your space as long as it does not produce or emit any noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, excessive humidity or glare that becomes an unreasonable nuisance to your neighbors.

When using attics and basements for your work needs, it may be necessary to get building permits to update the space so that they meet building code requirements for living and working spaces. See Chapter 14: Chicago Building Code (CBC) for more information on building code requirements for these spaces. If you are interested in updating these spaces to meet your art needs, you should review Chapter 22: Rehabbing Your Space and Chapter 23: Safe and Healthy Spaces.

As for the use of garages, their use as a workspace is not discussed in the Zoning Ordinance as either permitted or prohibited. However, the Zoning Ordinance does define garages as an accessory use building, in Sections 17-9-0201 A to E. Click here to review Zoning Ordinance Sections 17-9-0201 A to E .

Accessory buildings are further discussed in CBC Sections 13-96-380 to 410, which pertains specifically to the use of sheds and shelter sheds. Click here to review CBC Sections 13-96-380 to 410 of the Building Code.

In regards to garages, the CBC defines in Section 13-96-260: Definitions: “A ‘private garage’ is defined as a building, or part of a building, not more than one story high and having an area not exceeding 800 square feet and designed or used for the storage of passenger motor vehicles containing flammable fuel.”

Other boundaries placed on the use of garages by the CBC include:

1. You cannot build a second story onto a garage
   
2. You cannot run a natural gas line into a garage
   
3. You are allowed to have water and electric lines run into your garage
   

In addition, the Zoning Ordinance limits using coach houses as dwelling spaces in Section 17-15-0303. In simple terms, a coach house is a livable garage. Click here for more information on Zoning Ordinance Section 17-15-0303.

So, what does this mean? Legally garages and other types of sheds are meant for storage purposes only, because they do not meet the Zoning Ordinance and Building Code standards to qualify for a habitable space. It also means that legally these spaces can rarely if ever be rehabbed to meet the CBC requirements of a habitable space. By rehabbing these spaces they would no longer be considered, by definition, a garage. Instead, they would now be considered coach houses, which in simple terms are habitable garages. And the construction or creation of new coach houses is not allowed by the Zoning Ordinance.

Now this doesn’t mean you won’t work in your garage - many artists, craftspeople and other do-it-yourselfers do. But, it does mean you need to be mindful of the risk you are taking in using the space and the consequences (fees, fines and other penalties) that may occur if you are caught or someone complains about your activities. To get a better sense for whether or not your activities are considered safe to perform in your garage, read Chapter 14: The Chicago Building Code and Chapter 23: Creating Safe and Healthy Spaces.