Commission on Chicago Landmarks designation process and criteria;
Landmark District Freq. Asked Questions. Landmark
Districts in Hyde Park?
History and Preservation home. Historic Preservation in Depth. Development and Public Policy. Zoning Reform. Useful Tax and related Information for Seniors. Preservation Beat. Preservation Bulletins and Hot/Quick Topics. Hyde Park Historical Society website
For links to organizations
providing services and advice- see History- Preservation.
Peer-reviewed landmarks Illinois online guide, Illinois Restoration Resources: http://www.landmarks.org/restoration_resources
[March 11 2009 the city appealed the Appellate Court ruling, joined by the Illinois State Preservation Agency, several other cities and villages (some outside Illinois), and both local and national preservation advocacy organizations, citing an overwhelming number of contrary rulings nationwide.
We also received clarification that the Commission can continue to recommend and the Cityh Council continue to desigate landmarks. GO]
On January 30, 2009, the Illinois Appellate Court issued a decision, in the case of Hanna v. City of Chicago, that the Chicago Landmark Ordinance is unconstitutional because it's too vague. While the decision did not overturn the ordinance, it did send shock waves through the preservation community while drawing promise from property rights advocates. Landmarks Illinois has received numerous inquiries regarding the impact of this ruling. Below, we address the most commonly asked questions.
Has the Chicago Landmarks Ordinance been overturned? No. The Appellate Court's ruling sends the case back to the trial court that had previously dismissed the case. Before the case returns to trial court, however, the City is expected to appeal the Appellate Court's decision to the Illinois Supreme Court. In the meantime, whether the Illinois Supreme Court hears the case or not, all designated Chicago Landmarks adn properties in Chicago Landmark Districts remain protected. The Commission on Chicago Landmarks will continue to conduct business, reviewing building permits and studying other potential properties for local landmark designation.
How long will it be until there is a final decision in the case? whether the case is next heard by the Illinois Supreme Court or the trial court, it will be a minimum of four to 12 months before the trial court hears it again. The duration of a trial, and whether there are further appeals, means the cast is not expected to be settled in less than a year-and-a-half.
How likely will the Chicago Landmarks Ordinance be ruled unconstitutional? At this point, based on national case law, it is unlikely the ordinance will be ruled unconstitutional. The Chicago Landmarks Ordinance has functioned constitutionally fo 40 years adn contains language commonly seen in landmark ordinances nationwide. In 1978, the U.S. Supreme Court ruled New York City's landmarks ordinance was valid, upholding a municipality's authority to regulate the protection of historic properties and rejecting a challenge to the ordinance based upon the vagueness argument. In the same way that municipalities have the right to determine appropriate zoning, a landmarks ordinance enables a community to protect the character of neighborhoods, as well as protect individual historic properties.
What is Landmarks Illinois doing to help? Landmarks Illinois' legal advisors will continue to monitor the status of the case. When the City files an appeal to the Illinois Supreme Court, we will provide a letter of support if the city deems it appropriate. Landmarks Illinois also is contacting other interested organizations, both local and national, to support this appeal process. Updates on the case progress will be made available via our website: www.Landmarks.org_news.htm.
Support Our Efforts. Landmarks Illinois is now accepting donations for a fund that will support potential legal fees regarding this issue. Please send a check to Landmarks Illinois, 53 W. Jackson Blvd., Suite 1315, Chicago, Ill. 60604.
Note what happens in case of owner objection. Promontory Point, for example has been determined to be eligible, but its listing is blocked until there should be a concurrence by the Chicago Park District. The City (Planning and Landmarks Commission) also has the right to comment- comments by such certified local governments are generally decisive where there is any question.
The building board cited below found it advisable to engage a professional facilitator. Building board members and residents also spent long hours researching the building's history and records. As a result, following the requisite hearings in Springfield, the Narragansett, 1640 E. 5oth Street, was recommended by the State Officer and was under final consideration in Washington as of winter, 2005. This website gives its congratulations for hard work and for recognition of a building important to the history and fabric of our neighborhood.
Story of the Narragansett, see Preservation Hot page. Process info contact.
Winter 2005 Conference Reporter.
"Creating a Hyde Park landmark district has been talked about for almost three decades to no avail...Nearly 220 survey-rated buildings sit in a proposed Hyde Park landmark district outlined for the Chicago Landmarks Commission in 1986." Hyde Park Herald, 10/27/04
The following [IHPA] guidelines were used by the board of the Narragansett in seeking landmark status. David Guyer, Narraganset Board President
Historic places are nominated to the National Register by the State Historic Preservation officer (SHPO) of the state in which the property is located. Any individual can prepare a nomination to the National Register. Nomination forms are documented by property owners, local governments, citizens, or the SHPO staff. Nominations by states are submitted to a state review board, composed of professionals in American history, architecture, prehistoric and historic archeology, and related disciplines. The review board recommends to the SHPO either to approve the nomination if, in the board's opinion, it meets the National Register criteria, or to disapprove the nomination if it does not.
During the time the proposed nomination is reviewed by the SHPO, property owners and local officials are notified of the intent to nominate and public comment is solicited. Owners of private property are given an opportunity to concur in or object to the nomination. If the owner of a private property (or the majority of private property owners for a property or district with multiple owners) objects to the nomination, the historic property cannot be listed in the National Register. In that case, the SHPO may forward the nomination to the National Park Service only for a determination of eligibility. If the historic property is listed or determined eligible, then the Advisory Council on Historic Preservation must be afforded the opportunity to comment on any Federal project that may affect it.
The SHPO forwards nominations to the National Park Service to be considered for registration if a majority of private property owners has not objected to listing. During the National Register's evaluation, another opportunity for public comment is provided by the publication of pending nominations in the Federal Register.
Note: The National Register of Historic Places is a federal program, and all applicants go through similar procedures. Except on federal or tribal lands, applications are initiated in the state in which the property is located.
Steps in the application process
Step 1: The applicant reviews information about the National Register from materials received from the Illinois Historic Preservation Agency (IHPA), Preservation Services Division.
Step 2: The applicant sends information to the staff for advice about the suitability of a place for listing in the National Register. This information will assist us in determining whether or not your property or neighborhood may merit National Register listing.
Step 3: The applicant receives an advisory staff opinion and full application materials if the staff believes the place to be a likely candidate for the National Register. If the applicant receives a negative staff opinion, but wishes to prepare a nomination form, they can request the full application materials. The points in the staff's advisory letter will deserve special attention in the nomination form. The points raised by the staff anticipate difficult questions that will likely be raised by subsequent reviewers. Applicants with properties within a Certified Local Government (CLG) community may be required to provide additional documentation.
Step 4: The applicant must return a complete nomination form (required information including maps, photographs and slides). If the information is incomplete or incorrect, the applicant will receive an explanation of the additional required information.
Step 5: If the property is within a CLG community (Chicago is a CLG) the community has the authority to comment on the eligibility of the property for listing on the National Register. The form will be forwarded to the local government to review and submit its opinion to this office. The applicant should bd aware of an additional 60-day review period for properties within Certified Local Government communities. Applicants with properties within a CLG are encouraged to contact the local historic preservation commission at an early stage in the nomination process. Applicants with properties NOT in a CLG may skip this step.
Step 6: The complete and correct nomination form will be scheduled for the next meeting of the Illinois Historic Sites Advisory Council. There are deadlines throughout the year for the Council meetings. The owner of the property and the relevant local government are notified of the Council's pending consideration and are given at least 30 days before the Council's meeting to comment on the proposed designation. In cases where there are more than 50 owners within a proposed historic district, owners will be given general notice by newspaper legal notice. At the Council meeting, the applicant and other interested parties can address the Council relative to the proposed designation, according to the Council By-Laws.
Step 7: If the Council advises for designation of the property, the nomination will be forwarded to the State Historic Preservation Officer of the Illinois State Preservation Agency, who evaluates the place and can nominate it to the National Register.
Step 8: The Keeper of the National Register, Washington, D.C., who has the final authority to designate a place, will review the nominated place. All interested parties will have an opportunity to comment on the proposed designation. If the nomination is approved, the place is designated in the National Register of Historic Places.
Components of the Application
Submitted on a separate piece of paper [consists of:]
Provide the street address or legal location of the property. For districts or sites, provide t he boundaries of the area.
Indicate the type of property--is it a residence? Commercial building? Barn? Include other structures on the property that may also be significant (a garage that was constructed at the same time as the house, or a silo that was built during the farm's period of significance). If describing a district or site, include what type (residential district, park, farmstead, etc.). Give and estimated number of properties within a district.
Indicate the date built. If unknown, give an approximate date. For districts, give a range of dates, beginning with the earliest known date of construction (i.e.: 1925-1998).
Indicate the historic use(s) of the property.
Describe the property as originally constructed. For districts, give an indication of how many properties have basically maintained their original appearance.
Indicate whether new materials, such as vinyl or aluminum siding, have been installed. For districts, give an estimate on the number of properties that have new materials.
Indicate whether interior or exterior alterations (new windows, porches, remodeling) or additions have been made to the property. Include dates. Also indicate if any materials, features, etc. have been removed since its construction. For districts, indicate how many properties have significantly altered their original appearance.
Statement of Significance
Association with events,
activities, or patterns
Did a historic event occur there? Was the building used by the community for education, government, social, or business?
Association with important
Is the site important because historic figures lived or worked there?
characteristics of design, construction, or form
Does the property or site represent certain architectural styles or building types? Is it the work of one or more important architects? Builders? Artists? Planners?
Potential to yield
Does the property or site have any archaeological significance?
Additional Supporting Documentation
For individual properties, include photographs of al exterior sides and all rooms on all floors. For larger structures (hotels, apartments, etc.), submit representative photographs of similar rooms (offices, hotel rooms, etc.) but include interior photographs of the rooms on the main level. For historic districts, include photographs of representative views, streetscapes, and vistas. Photographs should be no smaller than 3" x 5" and can be color, black and white, or digital. Be sure to label all photographs.
Floor Plan/Site Plan
Include floor plans of individual properties and key photographs to the floor plans. For districts and sites, include site plans
Include a map showing he location of the property or site.
Financial Benefits of Listing on the National Register
Individuals who participate in this program will accrue significant property tax savings during the period for which the Certificate of Rehabilitation is in effect. Individuals participating in the program will remain eligible for both the homeowner's exemption and the senior citizen exemption offered by the Cook County Assessor's Office. This can result in substantial tax savings over a period of several years.
The Required Procedure and Result to obtain the Certificate of Rehabilitation and tax benefits:
information on the National Register process may be obtained from Amy Easton
at (217) 785-0315 (or email at firstname.lastname@example.org).
The mailing address is:
Amy Easton, Assistant Survey and National Register Coordinator
Illinois Historic Preservation Agency
1 Old State Capitol Plaza
Springfield, IL 60701
Department of Housing and Planning [or Housing and Development],
Commission on Chicago Landmarks contacts
33 North LaSalle Street, Suite 1600. Also given as 121 N. LaSalle (Suite 1000?)
Chicago, IL, 60602
312 744-3200, TDD 312 744-2958
Reach website from www.cityofchicago.org/
To contact concerning Commission dates, location of meetings, and agenda: Terry Tatum, 312 744-9147. The Commission generally meets on the first Thursday, 12:45.
[Ed.- To reference applicable Municipal Code sections, visit Jackson Park/Statute of the Republic (Designation Document) and South Shore Cultural Center/SS landmark criteria. Or visit the Commission in the city's site.]
In reviewing a building or district for landmark designation, the commission on Chicago Landmarks (a nine-member board appointed by the Mayor) considers seven criteria, as outline in the Municipal Code of Chicago:
Set of questions #1
Q. What are the
restrictions on designated landmarks?
A. When a property is proposed for Chicago Landmark status, and after its designation, all building permit applications are evaluated to determine whether the work will affect what are called "significant historical and architectural features" of the proposed landmark; work on these features must be approved by the Commission on Chicago Landmarks. For all proposed designations, those significant features are defined at the beginning of the designation process and codified in the designation ordinance adopted by the City Council. For landmark districts, the significant features typically are the exterior building elevations visible from the public right-of-way.
Q. When is a building
permit required and for what kind of work?
A. No additional City permits are required for Landmark buildings. The Commission simply reviews permits as part of the normal building permit process. The Commission annually review more than 900 permits for Landmark properties, most of which are approved in one day. Routine maintenance work, such as painting and minor repairs, does not require a building permit. Under the City's Rehabilitation Code, there is also a special provision that allows for greater flexibility in applying the Building Code to designated landmarks in order to preserve significant features of such buildings. More information on getting a permit is available from the Landmarks Division.
Q. How does the
Commission evaluate proposed changes to existing buildings or the design of
A. The Commission has established criteria to evaluate permit applications for both renovations and new construction. These criteria and the Commission's review procedures are published a part of the Rules and Regulations of the Commission of Chicago Landmarks (pages 11 through 10). The basis for the criteria is the U.S. Secretary of the Interior's Standards for Rehabilitation. The Commission also has adopted policies regarding many aspects of rehabilitation work, and these policies are detailed in Guidelines for Alterations to Historic Buildings and New Construction, available from the Landmarks Division.
Q. Does the Commission
have jurisdiction over zoning?
A. The Commission has no jurisdiction over zoning. The Commission can, however, recommend reductions in the depth of required setbacks in certain instances to ensure that the character of a Landmark District is maintained.
Q. How does landmark
designation affect property values: Will landmark designation affect property
A. Both of the above are frequently asked questions. As far as the value of property is concerned, the factors affecting value are quite varied and depend on the individual property, its location, etc.; in the eyes of some buyers, landmark designation is regarded as an asset, and both real estate advertisements and real estate agents often tout this as a selling point. Studies on the effect of landmark designation on property values have generally shown that it does not have a negative impact on property values. As for real estate taxes are concerned, neither the valuation of property by the Cook County Assessor's Office nor the tax rate is affected directly by landmark designation.
Q. What are the
Advantages of landmark designation?
A. Landmark status can enhance a building's prestige, increase the value of property and help stabilize and entire neighborhood. There are also specific benefits available under federal and local economic incentive programs. Additional information about these incentive programs is available from the Landmarks Division.
Question set #2, General Landmarking Questions, being distributed to small meetings of residents in the potential Hyde Park District
RENOVATION, HOME IMPROVEMENT, DECORATING
PERMITS AND LEGAL ISSUES
FINANCIAL (PROPERTY VALUES, TAXES, INSURANCE)
Note: The Narragansett, 1640 E. 50th, is among the latest to file for facade rebate. Meticulous research was done, a state IHPA hearing was held, a favorable recommendation to Washington was made, where status was granted.
Rental only. Chicago Landmark Districts contrib'g, National Registry contrib'g get 20% Federal Rehabilitation Tax Credit ($ for $ credit to 20% of cost, cost must = 100% of purchase minus land and depreciation plus prior improvements.)
Owner-occupied only. Landmark, District, or National Reg. contrib'g. get Property Tax Freeze for 12 years for all kinds of owner-occupied bldgs. up to 6 units. Minimum investment 20% market value.
Also: Facade Easement Donation, a one-time charitable Federal income tax deduction equal to appraised value of the easement. (Easement: legal agreement giving right of review and approval of alteration to qualified non-profit (here: LPCI).
Also: Permit Fee Waiver
Commercial and Industrial Buildings, Offices and Hotels
Class-L Property Tax Incentive. Reduces property tax rate for 12 years. Must be Class 3, 4, 5a/5b use. Min. investment 50% of assessed value land-subtracted.
20% Federal Rehabilitation Tax Credit. As per residential.
10% Federal Rehabilitation Tax Credit. Similar but for income-producing but non-residential building constructed prior to 1936 but not on the National Register or a Chicago Landmark District. Same investment requirements.
Facade Easement Donation. As per residential
Facade Rebate Program. Certain qualifying buildings: 30% or 50% of approved costs up to $5,000 for storefront or $10,000 for industrial unit.
Permit Fee Waiver.
Check out also other economic development and assistance programs: ITF, Enterprise Zone, Vintage Homes Program, Rental Chicago Business Assistance programs. Plus special allowances from some building code requirements. Technical assistance expertise, free.