COMMISSION ON CHICAGO HISTORICAL AND ARCHITECTURAL LANDMARKS (2-120-580 et seq.)

Municipal Code of Chicago tit. 2, ch. 2-120, art. XVII

in effect

Municipal Code of Chicago § 2-120-580 Purpose of provisions.

2-120-580 Purpose of provisions. It is hereby declared necessary for the general welfare of the citizens of the City of Chicago as an exercise of the home rule authority of the City of Chicago under Article VII, Section 6, of the Illinois Constitution, to protect and encourage the continued utilization of areas, districts, places, buildings, structures, works of art, and other similar objects within the City of Chicago eligible for designation by ordinance as "Chicago Landmarks". The purpose of these sections is the following: 1. To identify, preserve, protect, enhance, and encourage the continued utilization and the rehabilitation of such areas, districts, places, buildings, structures, works of art, and other objects having a special historical, community, architectural, or aesthetic interest or value to the City of Chicago and its citizens; 2. To safeguard the City of Chicago's historic and cultural heritage, as embodied and reflected in such areas, districts, places, buildings, structures, works of art, and other objects determined eligible for designation by ordinance as "Chicago Landmarks"; 3. To preserve the character and vitality of the neighborhoods and central area, to promote economic development through rehabilitation, and to conserve and improve the property tax base of the City of Chicago; 4. To foster civic pride in the beauty and noble accomplishments of the past as presented in such "Chicago Landmarks"; 5. To protect and enhance the attractiveness of the City of Chicago to homeowners, home buyers, tourists, visitors, businesses and shoppers, and thereby to support and promote business, commerce, industry, and tourism and to provide economic benefit to the City of Chicago; 6. To foster and encourage preservation, restoration, and rehabilitation of areas, districts, places, buildings, structures, works of art, and other objects, including entire districts and neighborhoods, and thereby prevent future urban blight and in some cases reverse current urban deterioration; 7. To foster the education, pleasure, and welfare of the people of the City of Chicago through the designation of "Chicago Landmarks"; 8. To encourage orderly and efficient development that recognizes the special value to the City of Chicago of the protection of areas, districts, places, buildings, structures, works of art, and other objects designated as "Chicago Landmarks"; 9. To encourage the continuation of surveys and studies of Chicago's historical and architectural resources and the maintenance and updating of a register of areas, districts, places, buildings, structures, works of art, and other objects which may be worthy of landmark designation; and 10. To encourage public participation in identifying and preserving historical and architectural resources through public hearings on proposed designations, building permits, and economic hardship variations. (Prior code § 21-62; Added Coun. J. 3-11-87, p. 40272)

Municipal Code of Chicago § 2-120-590 Commission - Creation, composition and officers.

2-120-590 Commission - Creation, composition and officers. There is hereby created a commission on Chicago landmarks. The commission shall consist of nine members, eight of whom shall be appointed by the mayor by and with consent of the city council of the City of Chicago. The ninth member shall be the commissioner of planning and development or his designee. The members shall serve without compensation. One of the members shall be designated by the mayor as chairman, another as vice-chairman, and another as secretary. For the purposes of this Article XVII, the "commission" means the commission on Chicago landmarks. (Prior code § 21-63; Added Coun. J. 3-11-87, p. 40272; Amend Coun. J. 6-22-88, p. 14547; Amend Coun. J. 12-11-91, p. 10936; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. IX, § 2; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 6)

Municipal Code of Chicago § 2-120-600 Commission membership and meetings.

2-120-600 Commission membership and meetings. A majority of the members of the commission shall constitute a quorum. The commission shall meet on the call of the chairman or of four of its members. The term of each member shall be for four years and until a successor is appointed. Commission members shall be selected from professionals in the disciplines of history, architecture, historic architecture, planning, archaeology, real estate, historic preservation, or related fields, or shall be persons who have demonstrated special interest, knowledge, or experience in architecture, history, neighborhood preservation, or related disciplines. (Prior code § 21-64; Added Coun. J. 3-11-87, p. 40272; Amend Coun. J. 10-16-19, p. 7852, § 1)

Municipal Code of Chicago § 2-120-610 Commission - Powers and duties.

2-120-610 Commission - Powers and duties. The commission shall have and may exercise the following duties, powers, and responsibilities: 1. To conduct an ongoing survey of the City of Chicago for the purpose of identifying those areas, district, places, building, structures, works of art, and other objects of historic or architectural significance; the results of such an ongoing survey shall be carried and transmitted online on the City of Chicago website, and the website identification shall be carried on the City of Chicago TV Public Access Channel. 2. To hold hearings and to recommend that the city council designate by ordinance areas, districts, places, buildings, structures, works of art, and other objects as official "Chicago Landmarks", if they qualify as defined hereunder, and to recommend that such designation include all or some portion of the property or any improvements thereon; 3. To cause plaques to be manufactured and installed that identify the significance of designated landmarks and landmark districts; 4. To prepare and publish maps, brochures, and other descriptive and educational materials about Chicago's landmarks and landmark districts and their designation and protection; 5. To review permit applications for alteration, construction, reconstruction, erection, demolition, relocation, or work of any kind affecting landmarks and structures or unimproved sites in landmark districts and to require the presentation of such plans, drawings, elevations, and other information as may be necessary to review those applications; 6. To advise and assist owners or prospective owners of designated or potential landmarks or structures in landmark districts on technical and financial aspects of preservation, renovation, rehabilitation and reuse, and to establish standards and guidelines therefor; 7. To apply for and accept any gift, grant, or bequest from any private or public source, including agencies of the federal or state government, upon approval by the city council, for any purpose authorized by these provisions; 8. To make recommendations to the city council concerning means to preserve, protect, enhance, rehabilitate and perpetuate landmarks and structures in landmark districts; 9. To adopt, publish, and make available rules of procedure and other regulations for the conduct of commission meetings, hearings, and other business; 10. To prepare and present nominations of landmarks and historic districts to any state or federal registers of historic places; 11. To assume whatever responsibility and duties may be assigned to it by the state under Certified Local Government provisions of the National Historic Preservation Act of 1966, as amended; 12. To cooperate with and enlist the aid of persons, organizations, corporations, foundations, and public agencies in matters involving historic preservation, renovation, rehabilitation and reuse; 13. To advise any city department or agency concerning the effect of its actions, programs, capital improvements or activities on designated or potential landmarks; 14. To consider whether denial of permits affecting landmarks and structures or unimproved sites in landmark district results in economic hardship to property owners; 15. To exercise any other power or authority necessary or appropriate to carry out the purpose of these provisions. (Prior code § 21-65; Added Coun. J. 3-11-87, p. 40272; Amend Coun. J. 5-17-00, p. 32718, § 1)

Municipal Code of Chicago § 2-120-620 Landmarks - Criteria for designation.

2-120-620 Landmarks - Criteria for designation. The commission shall familiarize itself with areas, districts, places, buildings, structures, works of art, and other objects within the City of Chicago which may be considered for designation by ordinance as "Chicago Landmarks", and maintain a register thereof. In making its recommendation to the city council for designation, the commission shall limit its consideration solely to the following criteria concerning such area, district, place, building, structure, work of art, and other objects: 1. Its value as an example of the architectural, cultural, economic, historic, social, or other aspect of the heritage of the City of Chicago, State of Illinois, or the United States; 2. Its location as a site of a significant historic event which may or may not have taken place within or involved the use of any existing improvements; 3. Its identification with a person or persons who significantly contributed to architectural, cultural, economic, historic, social, or other aspect of the development of the City of Chicago, State of Illinois, or the United States; 4. Its exemplification of an architectural type or style distinguished by innovation, rarity, uniqueness, or overall quality of design, detail, materials or craftsmanship; 5. Its identification as the work of an architect, designer, engineer, or builder whose individual work is significant in the history or development of the City of Chicago, the State of Illinois, or the United States; 6. Its representation of an architectural, cultural, economic, historic, social, or other theme expressed through distinctive areas, districts, places, buildings, structures, works of art, or other objects that may or may not be contiguous; 7. Its unique location or distinctive physical appearance or presence representing an established and familiar visual feature of a neighborhood, community, or the City of Chicago. (Prior code § 21-66; Added Coun. J. 3-11-87, p. 40272)

Municipal Code of Chicago § 2-120-630 Landmarks - Preliminary recommendation.

2-120-630 Landmarks - Preliminary recommendation. The commission may, by resolution, make a preliminary landmark recommendation if the commission determines that an area, district, place, building, structure, work of art, or other object: (i) meets two or more of the criteria required for landmark designation, and (ii) has a significant historic, community, architectural or aesthetic interest or value, the integrity of which is preserved in light of its location, design, setting, materials, workmanship, and ability to express such historic, community, architectural or aesthetic interest or value. The commission shall send, by certified mail, return receipt requested, written notice of such recommendation to the owner of the property. The commission shall also notify in writing the alderman of each ward in which the property is located and all relevant city departments. (Prior code § 21-67; Added Coun. J. 3-11-87, p. 40272; Amend Coun. J. 2-26-97, p. 40085)

Municipal Code of Chicago § 2-120-640 Preliminary recommendation - Request for planning report.

2-120-640 Preliminary recommendation - Request for planning report. Upon adoption of a resolution making a preliminary recommendation the commission shall request a report from the commissioner of planning and development which evaluates the relationship of the proposed designation to the Comprehensive Plan of the City of Chicago and the effect of the proposed designation on the surrounding neighborhood. The report shall also include the commissioner's opinion and recommendation regarding any other planning consideration relevant to the proposed designation and the commissioner's recommendation of approval, rejection or modification of the proposed designation. The report shall be submitted to the commission within 60 days of the request, if the proposed designation is of an area, place, building, structure, work of art or other object, or within 90 days, if the proposed designation is a district, and shall become part of the official record concerning the proposed designation. The commission may make such modifications, changes and alterations concerning the proposed designation as it deems necessary in consideration of any recommendation of the commissioner of planning and development. If the commissioner declines or fails to submit a report within the time provided herein, the commission may proceed with designation. (Prior code § 21-68; Added Coun. J. 3-11-87, p. 40272; Amend Coun. J. 12-11-91, p. 10936; Amend Coun. J. 2-26-97, p. 40085; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. IX, § 2; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 6)

Municipal Code of Chicago § 2-120-650 Request for owner consent.

2-120-650 Request for owner consent. The commission shall thereafter, by first-class mail, notify the owner of the property of the reasons for and effects of the proposed designation and request that the owner consent in writing to the proposed designation. The owner shall respond within 45 days from the date of mailing of the request. In the case of the proposed designation of an area, place, building, structure, work of art or other object, an owner may, within the 45-day period, request an extension of time, not to exceed 120 days, to submit a response. In the case of the proposed designation of a district, the alderman of a ward in which the district is wholly or partly located may, within the 45-day period, request an extension of time, not to exceed 120 days, for owners to submit responses. If the owner consents to designation, the commission shall notify the owner of its determination with respect to the proposed designation within 45 days after receipt of the owner's consent and shall forward its recommendation to the city council as provided in Section 2-120-690. If the owner declines or fails to give written consent to the proposed designation within the time specified in this section, the commission shall schedule a public hearing on the proposed designation. (Prior code § 21-69; Added Coun. J. 3-11-87, p. 40272; Amend Coun. J. 10-7-98, p. 78734, § 2)

Municipal Code of Chicago § 2-120-660 Buildings owned or used by religious organizations.

2-120-660 Buildings owned or used by religious organizations. No building that is owned by a religious organization and is used primarily as a place for the conduct of religious ceremonies shall be designated as a historical landmark without the consent of its owner. (Prior code § 21-69.1; Added Coun. J. 3-11-87, p. 40272)

Municipal Code of Chicago § 2-120-670 Public hearing - Notice requirements.

2-120-670 Public hearing - Notice requirements. Prior to conducting a public hearing under this Chapter 2-120, the commission shall give written notice of the date, time, and place of the hearing to any owner of the subject property. The commission shall also cause to be posted, for a period of not less than 15 days immediately preceding the hearing, a notice stating the time, date, place, and matter to be considered at the hearing. The notice shall be prominently displayed on the place, building, object or structure, or on the public ways abutting the property, and, in the case of designation of areas or districts, the notices shall be placed on the principal boundaries thereof. In addition, not less than 15 days prior to the hearing, the commission shall cause a legal notice to be published in a newspaper of general circulation in the City of Chicago setting forth the nature of the hearing, the property, area, or district involved, and the date, time, and place of the scheduled public hearing. (Prior code § 21-70; Added Coun. J. 3-11-87, p. 40272)

Municipal Code of Chicago § 2-120-680 Public hearing - Presentation of evidence.

2-120-680 Public hearing - Presentation of evidence. The commission shall provide a reasonable opportunity for all interested persons to present testimony or evidence under such rules as the commission may adopt governing the proceedings of a hearing. At the hearing, each speaker shall state his name, address, and the interest which he represents. The hearing may be continued to a date certain, and a transcript and record shall be kept of all proceedings. A person, organization, or other legal entity whose use or whose members' use or enjoyment of the area, district, place, building, structure, work of art or other object proposed for designation may be injured by the designation or the failure of the commission to recommend designation, may become a party to a designation proceeding. Any person, organization, or other legal entity whose use or enjoyment of the area, district, place, building, structure, work of art or other object designated as a landmark may be injured by the approval or disapproval of a proposed alteration, construction, reconstruction, erection, demolition or relocation of a proposed or designated landmark, may become a party to a permit application proceeding. The foregoing shall include, without limitation, persons, organizations or other legal entities residing in, leasing or having an ownership interest in real property located within 500 feet of the property line of the proposed or designated landmark or within the proposed or designated landmark district. (Prior code § 21-71; Added Coun. J. 3-11-87, p. 40272)

Municipal Code of Chicago § 2-120-690 Commission recommendation following hearing.

2-120-690 Commission recommendation following hearing. Within 30 days after the conclusion of the public hearing, the commission shall determine whether to recommend the proposed landmark designation to the city council. If the commission makes a determination to recommend a designation to the city council, it shall set forth its recommendation in writing, including finding of fact relating to the criteria for designation in Section 2-120-620 that constitute the basis for its decision and shall transmit its recommendation to the city council, to the owner of the property and to the parties appearing at the public hearing. If 51 percent of the owners of the property in a district responding to the request for consent file written objections to designation, a recommendation of landmark designation of that district must be approved by the affirmative vote of six members of the commission. The commission shall also transmit to the city council the official record of its proceedings concerning the recommended designation. If the proposed designation is of an area, place, building, structure, work of art or other object, the commission shall transmit its recommendation to the city council within 180 days from the date of receipt of the report of the commissioner of planning and development, or if no report has been received, within 240 days from the date of the commission's request for the report. If the proposed designation is of a district, the commission shall transmit its recommendation to the city council within 240 days from the date of receipt of the report of the commissioner of planning and development, or, if no report has been received, within 330 days from the date of the commission's request for the report. If, however, an extension of time has been granted under Section 2-120-650, the time allowed for submission under this section shall be extended by the same number of days. (Prior code § 21-72; Added Coun. J. 3-11-87, p. 40272; Amend Coun. J. 12-11-91, p. 10936; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. IX, § 2; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 6)

Municipal Code of Chicago § 2-120-700 City council consideration of designation - Plaques.

2-120-700 City council consideration of designation - Plaques. The city council shall give due consideration to the findings, recommendations and record of the commission in making its determination with respect to the proposed designation of any area, district, place, building, structure, work of art or other object having a significant historic, community, architectural, or aesthetic interest or value. The city council may, in its discretion, hold public hearings on any such recommended designation. The city council may by ordinance designate an area, district, place, building, structure, work of art or other object: (i) meeting two or more of the criteria stated in Section 2-120-620 hereof, and (ii) having a significant historic, community, architectural or aesthetic interest or value, the integrity of which is preserved in light of its location, design, setting, materials, workmanship, and ability to express such historic, community, architectural or aesthetic interest or value, as a "Chicago Landmark". The city council may direct that a suitable plaque or plaques be created by the commission appropriately identifying said landmark. The plaque may be affixed to private property only if the owner or owners consent in writing. (Prior code § 21-73; Added Coun. J. 3-11-87, p. 40272; Amend Coun. J. 2-26-97, p. 40085)

Municipal Code of Chicago § 2-120-705 Time in which recommendation may be considered.

2-120-705 Time in which recommendation may be considered. If the city council does not take final action upon any landmark recommendation submitted by the commission on Chicago landmarks to the city council within 365 days of the date upon which the recommendation is filed with the city council, landmark designation based upon the recommendation of the commission shall be granted. The city council committee on zoning, landmarks and building standards shall hold timely hearings and report its recommendation to the city council. (Added Coun. J. 3-6-96, p. 17630; Amend Coun. J. 2-26-97, p. 40085; Amend Coun. J. 11-8-12, p. 38872, § 16)

Municipal Code of Chicago § 2-120-710 Preservation easements for landmarks.

2-120-710 Preservation easements for landmarks. The commission may consider and recommend to the city council the adoption of a preservation easement for any designated landmark or for any building, area, district or place which meets the criteria for landmark designation. If an owner of any property proposes to the commission a preservation easement, the commission shall hold a public hearing on the proposal in accordance with Sections 2-120-670 and 2-120-680 prior to recommending that the city council accept the proposed easement. (Prior code § 21-74; Added Coun. J. 3-11-87, p. 40272)

Municipal Code of Chicago § 2-120-720 Landmarks - Notice of designation.

2-120-720 Landmarks - Notice of designation. Immediately following official designation by the city council, the commission shall notify the department of buildings of the City of Chicago of the designation. The commission shall also, within ten days of the official designation, send a notice of the designation and a summary of the effects of designation to the owner of the property by first class mail. The commission shall also file with the recorder of deeds of Cook County, the assessor of Cook County, the bureau of maps and plats of the city of Chicago, and all other relevant city departments, a certified copy of the designation ordinance. (Prior code § 21-75; Added Coun. J. 3-11-87, p. 40272; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 12-11-91, p. 10936; Amend Coun. J. 2-26-97, p. 40085; Amend Coun. J. 9-10-97, p. 50512; Amend Coun. J. 10-7-98, p. 78734, § 2)

Municipal Code of Chicago § 2-120-730 Amendment and recision of designation.

2-120-730 Amendment and recision of designation. Any designation of an area, district, place, building, structure, work of art or other similar object as a "Chicago Landmark" shall only be amended or rescinded in the same manner and procedure as the original designation was made. If the commission votes not to recommend a proposed designation to the city council, or if the city council has refused to designate a proposed "Chicago Landmark", then the commission may reconsider such proposed designation only if: (i) the commission finds that a substantial change in circumstances has occurred or new information becomes available relative to the criteria set forth in Section 2-120-620; or (ii) the owner of the property consents to such reconsideration in writing. (Prior code § 21-76; Added Coun. J. 3-11-87, p. 40272; Amend Coun. J. 10-23-91, p. 6879; Amend Coun. J. 2-26-97, p. 40085)

Municipal Code of Chicago § 2-120-740 Alteration, relocation or demolition of landmarks - Permit review requirements.

2-120-740 Alteration, relocation or demolition of landmarks - Permit review requirements. No permit for alteration, construction, reconstruction, erection, demolition, relocation, or other work, shall be issued to any applicant by any department of the City of Chicago without the written approval of the commission for any area, place, building, structure, work of art or other object for which the commission has made a preliminary recommendation for landmark status or which has been designated as a "Chicago Landmark" in the following instances: (1) where such permit would allow the alteration or reconstruction of or addition to any improvement which constitutes all or a part of a landmark or proposed landmark; or (2) where such permit would allow the demolition of any improvement which constitutes all or a part of a landmark or proposed landmark; or (3) where a permit would allow the construction or erection of any addition to any improvement or the erection of any new structure or improvement on any land within a landmark district; or (4) where a permit would allow the construction or erection of any sign or billboard within the public view which may be placed on, in, or immediately adjacent to any improvement which constitutes all or part of any landmark or proposed landmark. Any city department which receives an application for a permit as defined in this section shall forward the application, including copies of all detailed plans, designs, elevations, specifications, and documents relating thereto, to the commission within seven days of receipt thereof. It shall be a violation of this ordinance for an owner to perform, authorize or allow work or other acts requiring review without a permit. (Prior code § 21-77; Added Coun. J. 3-11-87, p. 40272; Amend Coun. J. 2-26-97, p. 40085)

Municipal Code of Chicago § 2-120-750 Permit review - Preexisting work.

2-120-750 Permit review - Preexisting work. Erection, construction, reconstruction, alteration, or demolition work begun pursuant to a properly issued permit prior to a preliminary recommendation for landmark status shall not be subject to review by the commission unless such permit has expired, been canceled or revoked, or the work is not diligently proceeding to completion in accordance with the Chicago Building Code. (Prior code § 21-78; Added Coun. J. 3-11-87, p. 40272; Amend Coun. J. 2-26-97, p. 40085)

Municipal Code of Chicago § 2-120-760 Application for permit - Preliminary decision by commission.

2-120-760 Application for permit - Preliminary decision by commission. Within 15 days of its receipt of an application for a permit, as defined in Section 2-120-740, the commission shall issue in writing a preliminary decision approving or disapproving the application and shall notify the applicant and the appropriate city department of its preliminary decision. (Prior code § 21-79; Added Coun. J. 3-11-87, p. 40272)

Municipal Code of Chicago § 2-120-770 Application for permit - Preliminary approval by commission.

2-120-770 Application for permit - Preliminary approval by commission. If the commission finds that the proposed work will not adversely affect any significant historical or architectural feature of the improvement or of the district, and is in accord with the Standards for Rehabilitation set forth by the United States Secretary of the Interior at 36 C.F.R. 67, as amended from time to time, as well as the commission's published procedures, the commission shall issue a preliminary approval of the application. Upon receipt of the commission's preliminary approval, the appropriate city department shall proceed in its usual manner with its own review of the application. No substantial change shall be made to the work proposed in the application for the permit after approval by the commission without resubmittal to the commission and approval thereof in the same manner as for the original application. (Prior code § 21-80; Added Coun. J. 3-11-87, p. 40272)

Municipal Code of Chicago § 2-120-780 Application for permit - Preliminary disapproval by commission.

2-120-780 Application for permit - Preliminary disapproval by commission. If the commission finds that the proposed work will adversely affect or destroy any significant historical or architectural feature of the improvement or the district, or is inappropriate or inconsistent with the designation of the structure, area or district, or is not in accordance with the spirit and purposes of this ordinance, or does not comply with the Standards for Rehabilitation established by the Secretary of the Interior, the commission shall issue a preliminary decision disapproving the application for permit; provided, however, that if the construction, reconstruction, alteration, repair or demolition of any improvement is necessary to remedy conditions imminently dangerous to life, health, or property, as determined in writing by the Department of Buildings, or the Department of Public Health, or the Fire Department, the commission shall approve the work notwithstanding other considerations relating to its designation as a "Chicago Landmark" or to the fact that the commission has made a preliminary recommendation for landmark status. (Prior code § 21-81; Added Coun. J. 3-11-87, p. 40272; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 2-26-97, p. 40085; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 12; Amend Coun. J. 2-24-21, p. 27657, Art. II, § 2)

Municipal Code of Chicago § 2-120-790 Preliminary disapproval - informal conference on alternative procedures.

2-120-790 Preliminary disapproval - informal conference on alternative procedures. Within ten days after receiving the commission's notice of preliminary disapproval, the applicant for permit may request in writing an informal conference before the commission for the purpose of securing compromise regarding the proposed work so that the work will not, in the opinion of the commission, adversely affect any significant historical or architectural feature of the improvement or district and will be appropriate and consistent with the spirit and purposes of this ordinance. The commission shall hold such conference within 15 days after receipt of the request. The commission shall consider with the applicant every means for substantially preserving, protecting, enhancing and perpetuating the special historical or architectural feature of the improvement or district, including investigating the possibility of modifying the proposed work, the possibility of any alternative private use of the structure or structures that would substantially preserve its special features, and the possibility of public incentives for enhancing the use of the structure or structures or district involved. If the commission and the applicant for permit reach accord through the informal conference, the commission shall issue its approval of the application for permit as modified and so notify the applicant and the appropriate city departments in accordance with Section 2-120-760 and 2-120-770. (Prior code § 21-82; Added Coun. J. 3-11-87, p. 40272)

Municipal Code of Chicago § 2-120-800 Application for permit - Public hearing.

2-120-800 Application for permit - Public hearing. If within 30 days after the conclusion of an informal conference under Section 2-120-790, the commission and applicant for permit have failed to reach accord or if the applicant fails to request an informal conference within ten days of receiving notice as provided in Section 2-120-790, the commission shall commence a public hearing on the permit application in accordance with Sections 2-120-670 and 2-120-680. The public hearing shall be concluded within 90 days after the commission has disapproved the permit unless the applicant requests or agrees in writing to an extension of time. The commission shall, within 30 days after the conclusion of the hearing, issue a written decision approving or disapproving the permit application. The decision shall contain the findings of fact that constitute the basis for the decision consistent with the criteria in Section 2-120-740. The commission shall send written notice of its decision to the applicant by certified mail, return receipt requested, to the appropriate city departments, to all parties registered at the public hearing, and to the city council. (Prior code § 21-83; Added Coun. J. 3-11-87, p. 40272; Amend Coun. J. 2-26-97, p. 40085)

Municipal Code of Chicago § 2-120-810 Application for permit - Final commission decision.

2-120-810 Application for permit - Final commission decision. Unless the decision is subject to city council review under Section 2-120-825, the written decision of the commission approving or disapproving an application for a permit under Section 2-120-800 shall be on the date it issues a final administrative decision appealable to the Circuit Court of Cook County under the provisions of the Illinois Administrative Review Law, as amended. (Prior code § 21-84; Added Coun. J. 3-11-87, p. 40272; Amend Coun. J. 9-1-99, p. 10907, § 1; Amend Coun. J. 3-31-04, p. 20916, § 4.8)

Municipal Code of Chicago § 2-120-815 Permit fee waivers.

2-120-815 Permit fee waivers. (a) Notwithstanding any other provision of this Code to the contrary, the city council shall, by the passage of an appropriate order, waive any fees charged by the City of Chicago for the issuance of any permit for which approval of the commission is required pursuant to this chapter, provided, however, that this section shall not apply to any permit to be issued in connection with a property that has been classified for tax purposes as a Class L property pursuant to the Cook County Real Property Assessment Classification Ordinance. (b) The Building Commissioner shall waive fees for the issuance of any building permit for which approval of the commission is required pursuant to this chapter in accordance with Section 14A-4-412.5.2. (Added Coun. J. 2-26-97, p. 40048; Amend Coun. J. 6-25-14, p. 83137, § 11; Amend Coun. J. 12-14-22, p. 58278, Art. VII, § 5)

Municipal Code of Chicago § 2-120-820 Expedited consideration of designation and permit.

2-120-820 Expedited consideration of designation and permit. Notwithstanding any other provision in this ordinance, if an owner of an area, parcel within as district, place, building, structure, work of art, or other object for which the commission has made a preliminary recommendation pursuant to Section 2-120-630 applies for a permit, and if the commission issues a preliminary disapproval of the application, pursuant to Sections 2-120-760 and 2-120-780, the commission shall schedule and conduct a public hearing on both the proposed designation and the application for permit and shall notify the city council of its recommendations thereon within 90 days of the date the application for permit is received by the commission. If the commission fails to make its recommendation on designation to the city council within 90 days, then the application for the permit shall be deemed approved by the commission. If the commission submits its recommendation within 90 days and the city council does not pass an ordinance granting the proposed designation within 90 days after the recommendation of the commission, then the application for permit shall be deemed approved by the commission. (Prior code § 21-85; Added Coun. J. 3-11-87, p. 40272; Amend Coun. J. 2-26-97, p. 40085)

Municipal Code of Chicago § 2-120-825 Permits for demolition of landmarks - City council approval required.

2-120-825 Permits for demolition of landmarks - City council approval required. (a) Notwithstanding any other provision of this ordinance to the contrary, except as provided in subsection (c), in the case of any permit application for the demolition of 40 percent or more of any building or other structure designated as a "Chicago Landmark" or located in any district designated as a "Chicago Landmark", the commission's decision approving an application issued under Section 2-120-770, Section 2-120-790 or Section 2-120-800 shall be subject to review by the city council. Upon issuing its decision approving an application, the commission shall forward a recommendation for the approval of the permit application, in writing, to the committee on zoning, landmarks and building standards of the city council. Within 75 days after the receipt of the commission's recommendation, the committee on zoning, landmarks and building standards shall consider the commission's recommendation and vote to recommend that the city council accept or reject the commission's recommendation. At the next regular meeting of the city council following the committee's vote, unless the matter is deferred and published in accordance with state law, the city council shall, by passage of an appropriate order, accept or reject the commission's recommendation. If the matter is deferred and published, the city council shall, by passage of an appropriate order, accept or reject the commission's recommendation at the next regular meeting of the city council following the meeting at which the matter was deferred and published. If the city council does not accept or reject the commission's recommendation within the time specified herein, the commission's recommendation shall be deemed to be accepted. The city council's decision shall be based on whether the proposed demolition will adversely affect any significant historical or architectural feature of the improvement or the district, and is in accord with the Standards for Rehabilitation set forth by the United States Secretary of the Interior at 36 C.F.R. 67, as amended from time to time, as well as the criteria to review demolitions as set forth in the Rules and Regulations of the commission. (b) For purposes of this section, 40 percent or more of a building or structure shall mean 40 percent or more of the significant historical or architectural features identified in the ordinance designating the building or structure or the district in which the building or structure is located a "Chicago Landmark"; provided that, if no significant features were identified in the designation ordinance, the entire building or structure shall be deemed a significant feature for purposes of this section. (c) This section shall not apply to permit applications for the demolition of: (i) any building or structure that is necessary to remedy conditions imminently dangerous to life, health, or property, as determined in writing by the Department of Buildings, Department of Public Health, or the Fire Department; or (ii) auxiliary buildings or structures such as garages. Within 30 days of the commission's decision approving a permit application for a building or structure pursuant to subsection (c)(i) of this section, the commission shall forward to the City Council Committee on Zoning, Landmarks and Building Standards a written report informing the committee of the commission's decision and stating the reasons for its decision. (Added Coun. J. 9-1-99, p. 10907, § 1; Amend Coun. J. 11-8-12, p. 38872, § 17; Amend Coun. J. 2-24-21, p. 27657, Art. II, § 3)

Municipal Code of Chicago § 2-120-830 Economic hardship exception - Application.

2-120-830 Economic hardship exception - Application. Upon final notification from the commission or the city council of a decision to deny an application for a permit to construct, reconstruct, alter, add to, demolish or relocate property given a preliminary recommendation for landmark status or designated as a "Chicago Landmark", the applicant may within 30 days apply to the commission for an economic hardship exception on the basis that denial of a permit will result in the loss of all reasonable and beneficial use or return from the property. The commission shall develop regulations that describe factors, evidence and testimony that will be considered by the commission in making its determination. (Prior code § 21-86; Added Coun. J. 3-11-87, p. 40272; Amend Coun. J. 2-26-97, p. 40085; Amend Coun. J. 9-1-99, p. 10907, § 1)

Municipal Code of Chicago § 2-120-840 Economic hardship exception - Public hearing.

2-120-840 Economic hardship exception - Public hearing. The commission shall schedule and hold a public hearing on the application for an economic hardship exception within 30 days from receipt of the application. Notice of the date, time, place and subject matter of the hearing shall be provided in accordance with Section 2-120-670 and, in addition, shall be provided in writing to all persons who presented testimony at the public hearing on the permit application under Section 2-120-800. The hearing shall be concluded within 90 days after the application for exception has been received by the commission. All interested persons shall be allowed to participate in the hearing as provided in Section 2-120-680. The commission or the hearing officer may solicit expert testimony or relevant information from the applicant. A record of the proceedings shall be kept by the commission. (Prior code § 21-87: Added Coun. J. 3-11-87, p. 40272)

Municipal Code of Chicago § 2-120-850 Economic hardship exception - Commission determination.

2-120-850 Economic hardship exception - Commission determination. Within 60 days following conclusion of the hearing under Section 2-120-840, the commission shall determine whether denial of the permit denies the applicant all reasonable and beneficial use of or return from the property. The determination shall be accompanied by a report stating the reasons for the decision. In the case of a finding of economic hardship, the decision shall also be accompanied by a recommended plan to relieve any economic hardship. This plan may include, but is not limited to, property tax relief, loans or grants from the City of Chicago or other public or private sources, acquisition by purchase or eminent domain, building code modifications, changes in applicable zoning regulations including a transfer of development rights, or relaxation of the provisions of this ordinance sufficient to allow reasonable beneficial use of or return from the property. (Prior code § 21-88; Added Coun. J. 3-11-87, p. 40272)

Municipal Code of Chicago § 2-120-860 Economic hardship exception - Appeal from commission decision.

2-120-860 Economic hardship exception - Appeal from commission decision. The determination by the commission pursuant to Section 2-120-870 approving or disapproving an application for an economic hardship exception shall, on the date it issues, be a final administrative decision appealable to the Circuit Court of Cook County under the provisions of the Illinois Administrative Review Law, as amended. (Prior code § 21-89; Added Coun. J. 3-11-87, p. 40272; Amend Coun. J. 3-31-04, p. 20916, § 4.9)

Municipal Code of Chicago § 2-120-870 Economic hardship exception - Report to city council.

2-120-870 Economic hardship exception - Report to city council. Upon a determination by the commission pursuant to Section 2-120-850 finding an economic hardship, the commission shall forward its decision, report and proposal to the finance committee of the city council. (Prior code § 21-90; Added Coun. J. 3-11-87, p. 40272)

Municipal Code of Chicago § 2-120-880 Economic hardship exception - Finance committee consideration.

2-120-880 Economic hardship exception - Finance committee consideration. The finance committee of the city council shall give prompt consideration to the decision, report, and recommended plan to relieve economic hardship filed by the commission hereinabove provided, and shall recommend to the city council within 60 days after the receipt of said report whether or not said owner relief plan, as modified or not by the finance committee, shall be approved or disapproved. (Prior code § 21-91; Added Coun. J. 3-11-87, p. 40272)

Municipal Code of Chicago § 2-120-890 Economic hardship exception - City council decision.

2-120-890 Economic hardship exception - City council decision. The city council, within 30 days following said finance committee recommendation, shall approve or disapprove by ordinance a plan to relieve economic hardship to the owner. If the city council does not approve a plan to relieve economic hardship within the time specified, the plan to relieve economic hardship shall be deemed to be denied and the permit shall issue. If the city council approves a plan to relieve economic hardship that requires that any action be taken by city departments or agencies, the action shall be initiated within 30 days following passage of the ordinance. (Prior code § 21-92; Added Coun. J. 3-11-87, p. 40272)

Municipal Code of Chicago § 2-120-900 Hearings and hearing officers.

2-120-900 Hearings and hearing officers. In any hearing conducted by the commission pursuant to Sections 2-120-680, 2-120-800 or 2-120-840 hereof; the commission may designate any commission member or members or any other person as hearing officer to hold such hearing and take evidence. No member of the commission absent from the entire hearing shall be eligible to vote on any matter which is the subject of the hearing until such member is provided with transcripts or tapes of the testimony heard and evidence presented at such hearing. The commission, in making its determination, shall take into account any written opinion of the appointed hearing officer, if any, on the evidence presented. (Prior code § 21-93; Added Coun. J. 3-11-87, p. 40272)

Municipal Code of Chicago § 2-120-910 Penalties and remedies for violations.

2-120-910 Penalties and remedies for violations. (a) Definitions. For purposes of this section: "Contributing Acts" means an Owner’s acts or omissions that significantly contribute to damage to a Structure, or any part thereof, to a degree that results in its demolition, or results in a written determination by the Department of Buildings or a tribunal of competent jurisdiction that demolition of the Structure, or any part thereof, is necessary. Indicia of Contributing Acts may include, but are not limited to: (1) An exterior element which is attached in such a manner that it might fall and injure persons or property; (2) A structural element, such as a foundation, floor, wall, column, beam, truss, or rafter, which is: (A) Defective or deteriorated; (B) Insufficient to safely carry imposed loads; or (C) Split, sagging, leaning, listing, or buckling due to defective materials or deterioration. (3) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors; (4) Defective or insufficient weather protection for exterior wall covering, including lack of paint or other protective covering. (5) Any system or feature, intended to protect the building and its occupants from fire and similar hazards, which is either required and absent, or present and inoperable. (6) Work carried out in the absence of, contrary to, or outside the scope of any required permits. "Owner" shall have the definition set forth in Chapter 14A-2 of the Code. "Structure" means a building, structure, work of art, or other object that either is designated as a Chicago Landmark or is located within a district designated as a Chicago Landmark. "Structure" includes buildings, structures, works of art, or other objects that have been preliminarily designated as a Chicago Landmark or are located within a district preliminarily designated as a Chicago Landmark under Section 2-120-630 of the Code. "Zoning lot" shall have the definition set forth in Section 17-17-02197 of the Code. (b) Penalties. Failure to perform any act required by this Article or performance of any action which is prohibited by this Article shall constitute a violation thereof. Every day on which a violation exists shall constitute a separate violation and a separate offense. Any person violating any of the provisions of this Article shall be subject to a fine of not less than $2,000.00 nor more than $4,000.00 for each offense in addition to any other fine, penalty, or remedy provided in this Code. The Commissioner of Planning and Development or his designee may issue a notice of violation for any violation of this Article, and such notice may be prosecuted in either the Department of Administrative Hearings as provided in Chapter 2-14 or in the Circuit Court of Cook County. (c) Deterioration. It shall be a violation of this Article for the Owner of a Structure to allow said Structure to fall into a state of disrepair such that the Structure has become, or is in imminent danger of becoming, structurally compromised based on a written determination by the Department of Buildings. (d) Contributing Acts; Moratorium on New Construction. It shall be a violation of this Article for the Owner of a Structure to demolish a Structure or any part thereof without first obtaining the approvals required in this Article, or to engage in Contributing Acts. While the prosecution of a notice of violation pursuant to this subsection (d) is pending, the Department of Buildings shall not issue a permit for new construction on the zoning lot. If the notice of violation is prosecuted in the Department of Administrative Hearings, the relief sought shall be a determination that the Structure was subjected to Contributing Acts. If a hearing officer makes such a determination, the Department of Administrative Hearings will provide that determination to the Buildings Commissioner, who shall not issue a permit for new construction on the applicable zoning lot for a period of two years, commencing on the date of the determination. If the notice of violation is prosecuted in the Circuit Court of Cook County, the City may seek a judicial determination that the Structure was subjected to Contributing Acts, and an associated order imposing a moratorium on the issuance of a permit for new construction on the applicable zoning lot for a period of up to ten years. (e) Remedies. In addition to any other penalty or remedy provided for in this section, in the event any building or structure is erected, constructed, reconstructed, altered, added to, demolished, or allowed to fall into a state of disrepair in violation of this Article, the City of Chicago may institute appropriate proceedings to prevent or remedy such unlawful erection, construction, reconstruction, alteration, addition, demolition, or state of disrepair. (Prior code § 21-94; Added Coun. J. 3-11-87, p. 40272; Amend Coun. J. 4-18-18, p. 76893, § 1; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 13; Amend Coun. J. 12-16-20, p. 25560, § 1)

Municipal Code of Chicago § 2-120-920 Severability.

2-120-920 Severability. If any provision of this ordinance or application thereof to any person or circumstance is invalid, such invalidation shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. (Prior code § 21-95; Added Coun. J. 3-11-87, p. 40272)

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2603299Fetched: 10/24/2026