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)

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)

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)

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)

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)

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)

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)