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, the board of 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 committee on zoning, landmarks and building standards of the city council 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)