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)

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)

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)

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)

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)

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)

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)