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)

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)

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)

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)

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)

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)

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)

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)

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)