(65 ILCS 5/Art. 11 Div. 48.2 heading) DIVISION 48.2.
PRESERVATION OF HISTORICAL
AND OTHER SPECIAL AREAS
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(65 ILCS 5/11-48.2-1) (from Ch. 24, par. 11-48.2-1)
Sec. 11-48.2-1.
It is hereby found and declared that in all municipalities
the movements and shifts of population and the changes in residential,
commercial, and industrial use and customs threaten with disappearance
areas, places, buildings, structures, works of art and other objects having
special historical, community, or aesthetic interest or value and whose
preservation and continued utilization are necessary and desirable to sound
community planning for such municipalities and to the welfare of the
residents thereof. The granting to such municipalities of the powers herein
provided is directed to such ends, and the use of such rights and powers
for the preservation and continued utilization of such property is hereby
declared to be a public use essential to the public interest.
(Source: Laws 1965, p. 957.)
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(65 ILCS 5/11-48.2-1A) (from Ch. 24, par. 11-48.2-1A)
Sec. 11-48.2-1A.
(1) The development rights of a landmark site are the rights granted
under applicable local law respecting the permissible bulk and size of
improvements erected thereon. Development rights may be calculated in
accordance with such factors as lot area, floor area, floor area ratios,
height limitations, or any other criteria set forth under local law for
this purpose.
(2) A preservation restriction is a right, whether or not stated in the
form of a restriction, easement, covenant or condition, in any deed, will
or other instrument executed by or on behalf of the owner of the land or in
any order of taking, appropriate to the preservation of areas, places,
buildings or structures to forbid or limit acts of demolition, alteration,
use or other acts detrimental to the preservation of the areas, places,
buildings or structures in accordance with the purposes of the Division.
Preservation restrictions shall not be unenforceable on account of lack of
privity of estate or contract, or of lack of benefit to particular land or
on account of the benefit being assignable or being assigned.
(3) A transfer of development rights is the transfer from a landmark
site of all or a portion of the development rights applicable thereto,
subject to such controls as are necessary to secure the purposes of this
Division. The transfer of development rights pursuant to sound community
planning standards and the other requirements of this Division is hereby
declared to be in accordance with municipal health, safety and welfare
because it furthers the more efficient utilization of urban space at a time
when this objective is made urgent by the shrinking land base of urban
areas, the increasing incidence of large-scale, comprehensive development
in such areas, the evolution of building technology and similar factors.
(4) A development rights bank is a reserve into which may be deposited
development rights associated with publicly and privately-owned landmark
sites. Corporate authorities or their designees shall be authorized to
accept for deposit within the bank gifts, donations, bequests or other
transfers of development rights from the owners of said sites, and shall be
authorized to deposit therein development rights associated with (i) the
sites of municipally-owned landmarks and (ii) the sites of privately-owned
landmarks in respect of which the municipality has acquired a preservation
restriction through eminent domain or purchase. All transfers of
development rights from the development rights bank shall be subject to the
requirements of Sections 11-76-1 through 11-76-6 of the Municipal Code of
Illinois, and all receipts arising from the transfers shall be deposited in
a special municipal account to be applied against expenditures necessitated
by the municipal landmarks program.
(5) The term, public easement, shall have the same meaning and effects
herein as it has in Article IX, Section 3 of the Illinois Constitution of
1870 and Article IX, Section 4(c) of the Illinois Constitution of 1970.
This amendatory Act of 1971 does not apply to any municipality which is a
home rule unit.
(Source: P.A. 77-1372.)
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(65 ILCS 5/11-48.2-2) (from Ch. 24, par. 11-48.2-2)
Sec. 11-48.2-2.
The corporate authorities in all municipalities shall have the power to
provide for official landmark designation by ordinance of areas, places,
buildings, structures, works of art and other objects having a special
historical, community, or aesthetic interest or value; and in connection
with such areas, places, buildings, structures, works of art or other
objects so designated by ordinance, whether owned or controlled privately
or by any public body, to provide special conditions, to impose regulations
governing construction, alteration, demolition and use, and to adopt other
additional measures appropriate for their preservation, protection,
enhancement, rehabilitation, reconstruction, perpetuation, or use, which
additional measures may include, but are not limited to, (a) the making of
leases and subleases (either as lessee or lessor of any such property) for
such periods and upon such terms as the municipality shall deem
appropriate; (b) inducing, by contract or other consideration, the creation
of covenants or restrictions binding the land; (c) the acquisition by
purchase or eminent domain of a fee or lesser interest, including a
preservation restriction, in property so designated; the deposit, as
appropriate, in a development rights bank of the development rights
associated with said property; and the reconstruction, operation or
transfer by the municipality of any such property so acquired or the
transfer of any development rights so acquired, all in accordance with such
procedures and subject to such conditions as are reasonable and appropriate
to carrying out the purposes of this Division; (d) appropriate and
reasonable control of the use or appearance of adjacent and immediately
surrounding private property within public view; (e) acquisition by eminent
domain or by other contract or conveyance of immediately surrounding
private property, or any part thereof or interest therein, the alteration
or clearance of which is important for the proper preservation,
reconstruction or use of the designated property; (f) cooperative
relations, including gifts, contracts and conveyances appropriate to the
purposes of this Division, by and between the municipality and any other
governmental body or agency and by and between the municipality and
not-for-profit organizations which have as one of their objects the
preservation or enhancement of areas, places, buildings, structures, works
of art or other objects of special historical, community or aesthetic
interest or value; (g) acceptance and administration by the municipality of
funds or property transferred on trust to the municipality by an
individual, corporation or other governmental or private entity for the
purpose of aiding, either in general or in connection with some specific
designated property, the preservation or enhancement of areas, places,
buildings, structures, works of art or other objects designed by law under
the provisions hereof; (h) issuance of interest bearing revenue bonds,
pursuant to ordinance adopted by the corporate authorities, payable from
the revenues to be derived from the operation of any one or more areas,
places, buildings, structures, works of art or other objects designated by
ordinance and acquired by the municipality under the provisions hereof,
such bonds to mature at a time not exceeding 50 years from their respective
dates of issue and to be in such form, carry such registration privileges,
be executed in such manner, be offered for sale in such manner and be
payable at such place or places and under such conditions and terms as may
be provided in the ordinance or in any subsequent ordinance adopted
pursuant hereto for the purpose of refunding or refinancing any bonds
issued hereunder; and the holder or holders of any such bonds may by mandamus,
injunction or other civil action compel the municipality to perform any covenant
or duty created by the ordinance authorizing their issuance; and (i)
establishment of procedures authorizing owners of designated property to
transfer development rights in such amount and subject to such conditions
as are appropriate to secure the purposes of this Division.
Any such special conditions, regulations, or other measures, shall, if
adopted in the exercise of the police power, be reasonable and appropriate
to the preservation, protection, enhancement, rehabilitation,
reconstruction, perpetuation, or use of such areas, places, buildings,
structures, works of art, or other objects so designated by law, or, if
constituting a taking of private property, shall provide for due and just
compensation. This amendatory Act of 1971 does not apply to any
municipality which is a home rule unit.
(Source: P.A. 83-345.)
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(65 ILCS 5/11-48.2-3) (from Ch. 24, par. 11-48.2-3)
Sec. 11-48.2-3.
The foregoing purposes and powers may be administered by
such special commission, board, department or bureau of the municipality or
by such one or more existing commissions, boards, departments or bureaus of
the municipality, or by any combination thereof or division of functions
thereamong, as may be provided by ordinance adopted by the corporate
authorities, and the words "the municipality" as used in reference to the
administration of this division include any commission, board, department,
bureau, officer, or other agency of the municipality given any such
administrative powers by ordinance adopted by the corporate authorities.
(Source: Laws 1963, p. 2420.)
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(65 ILCS 5/11-48.2-4) (from Ch. 24, par. 11-48.2-4)
Sec. 11-48.2-4.
No action taken by the municipality under this section
directing a private owner to do or refrain from doing any specific thing,
or refusing to permit a private owner to do some specific thing he desires
to do, in connection with property designated by ordinance hereunder, shall
be taken by the municipality except after due notice to such owner and
opportunity for him to be heard at a public hearing, and if such action is
taken by administrative decision as defined in Section 3-101 of the Code
of Civil Procedure, it shall be subject to
judicial review pursuant to the provisions of the Administrative
Review Law and all amendments and modifications thereof and rules adopted
pursuant thereto.
(Source: P.A. 82-783.)
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