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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
COUNTIES (55 ILCS 5/) Counties Code. 55 ILCS 5/5-29006
(55 ILCS 5/5-29006) (from Ch. 34, par. 5-29006)
Sec. 5-29006.
Certificate of county clerk.
The contents of county
ordinances, the date of passage, and the date of publication or posting,
where required, may be proved by the certificate of the county clerk.
Whenever county ordinances are printed in book or pamphlet form, and purport
to be published by authority of the county board, such book or pamphlet
shall be prima facie evidence of the contents, passage, and legal publication
of such ordinances, as of the dates mentioned in such book or pamphlet, in
all courts and administrative tribunals.
(Source: P.A. 86-962.)
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55 ILCS 5/5-29007
(55 ILCS 5/5-29007) (from Ch. 34, par. 5-29007)
Sec. 5-29007.
Public review and inspection; sale.
The duly approved
county code shall be made available for public review and inspection in the
office of the county clerk. The county board may authorize the county
clerk to sell copies of the code to the public and may establish an
appropriate fee for that purpose.
(Source: P.A. 86-962.)
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55 ILCS 5/5-29008
(55 ILCS 5/5-29008) (from Ch. 34, par. 5-29008)
Sec. 5-29008.
Republication of code.
The county code shall be updated
and republished annually or more frequently as the county board may direct.
The county board may authorize the State's attorney, or any person or
persons deemed by the county board to be qualified, to update the county code.
The county clerk shall cooperate fully with the person or persons designated
by the county board to update the county code.
(Source: P.A. 86-962.)
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55 ILCS 5/5-29009
(55 ILCS 5/5-29009) (from Ch. 34, par. 5-29009)
Sec. 5-29009.
Binding and effective as adopted by the county
board. Where ordinances or regulations are intentionally or inadvertently
omitted from the county code, such ordinances and regulations shall still
be binding and effective as adopted by the county board. However, when
ordinances and regulations are included in the county code, provisions of
the county code shall be binding and effective.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 5-30
(55 ILCS 5/Div. 5-30 heading)
Division 5-30.
County Historic Preservation
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55 ILCS 5/5-30001
(55 ILCS 5/5-30001) (from Ch. 34, par. 5-30001)
Sec. 5-30001.
Subtitle.
This Division shall be subtitled the
"Illinois County Historic Preservation Law".
(Source: P.A. 86-962.)
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55 ILCS 5/5-30002
(55 ILCS 5/5-30002) (from Ch. 34, par. 5-30002)
Sec. 5-30002.
Declaration of purpose.
The purpose of
this Division is to identify, protect, preserve, and provide for the
restoration, rehabilitation and continued use of buildings, structures,
objects, areas, sites, and landscapes that are of historic, archaeological,
architectural or scenic significance; to foster education, interest and
pride in the beauty and accomplishments of the past; to promote economic
development through protection and enhancement of resources important to
tourism and business; to conserve and improve the value of real property
and the property tax base; to insure orderly, efficient and harmonious
development; to encourage cooperation between municipalities and counties;
and to promote the general welfare.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30003
(55 ILCS 5/5-30003) (from Ch. 34, par. 5-30003)
Sec. 5-30003.
Definitions.
As used in this Division, the
following terms shall have the meanings ascribed to them as follows:
"Alteration". Any act or process that changes
one or more historic, architectural or physical features of an area, site,
landscape, place or structure, including, but not limited to, the erection,
construction, reconstruction, or removal of any structure; the expansion
or significant modification of agricultural activities; surface mining;
and clearing, grading or other modification of an area, site or landscape
that changes its current or natural condition.
"Architectural significance". Embodying the distinctive characteristics
of a type, period, style or method of construction or use of indigenous
construction, or representing the work of an important builder, designer,
architect, or craftsman who has contributed to the development of the
community, county, State or country.
"Archaeological significance". Importance as an area, site, place or
landscape that has yielded or is likely to yield information concerning
past patterns of human settlement, or artifacts or information concerning
previous cultures in Illinois or previous periods of the present culture.
Areas, sites or landscapes of archaeological significance may include, but
are not limited to, aboriginal mounds, forts, earthworks, burial grounds,
historic or prehistoric ruins, locations of villages, mine excavations or
tailings, or other locations.
"Building". Any structure designed or constructed for residential,
commercial, industrial, agricultural or other use.
"Certificate of Appropriateness". A certificate issued by a preservation
commission indicating its approval of plans for alteration, construction,
demolition, or removal affecting a nominated or designated landmark or property
within a nominated or designated preservation district.
"Certificate of Economic Hardship". A certificate issued by a Preservation
Commission authorizing an alteration, construction, removal or demolition
even though a Certificate of Appropriateness has previously been denied
or may be denied.
"Commissioners". Members of a Preservation Commission.
"Conservation Right". A term that includes easements, covenants, deed
restrictions or any other type of less than full fee simple interest as
that term is defined in Section 1 of "An Act relating to conservation
rights in real property", approved September 12, 1977, as amended.
"Construction". The act of adding an addition to a structure or the erection
of a new principal or accessory structure on a lot or property.
"Demolition". Any act or process which destroys in part or in whole a
landmark or a building or structure within a preservation district.
"Design Criteria". A standard of appropriate activity that will preserve
the historic, architectural, scenic or aesthetic character of a landmark
or preservation district.
"Development Rights". The development rights of a landmark or of a property
within a preservation district as defined in Section 11-48.2-1A of the Illinois
Municipal Code.
"Development Rights Bank". A reserve for the deposit of development rights
as defined in Section 11-48.2-1A of the Illinois Municipal Code.
"Exterior Architectural Appearance". The architectural character and general
composition of the exterior of a building or structure, including but not
limited to the kind, color and texture of the building material and the
type, design and character of all windows, doors, light fixtures, signs
and appurtenant elements.
"Historic Significance". Character, interest or value as part of the
development, heritage, or culture of the community, county, State or
country; as the location of an important local, county, State or national
event; or through identification with a person or persons who made
important contributions to the development of the community, county,
State or country.
"Landmark". A property or structure designated as a "Landmark" by ordinance
of a county board, pursuant to procedures prescribed herein, which is worthy
of rehabilitation, restoration, or preservation because of its historic or
scenic or architectural significance.
"Landscape". A natural feature or group of natural features such as, but
not limited to, valleys, rivers, lakes, marshes, swamps, forests, woods,
or hills; or a combination of natural features and buildings, structures,
objects, cultivated fields, or orchards in a predominantly rural setting.
"Object". Any tangible thing, including any items of personal property,
including, but not limited to, wagons, boats, and farm machinery, that may
be easily moved or removed from real property.
"Owner of Record". The person or corporation or other legal entity in whose
name the property appears on the records of the County Recorder.
"Preservation District". An area designated as a "preservation district"
by ordinance of a county board and which may contain within definable
geographic boundaries one or more landmarks and which may have within its
boundaries other properties, areas, sites, landscapes or structures which,
while not of such historic or architectural or scenic significance to be
designated as landmarks, nevertheless contribute to the overall visual
characteristics of the landmark or landmarks located within the district.
"Preservation Ordinance". An ordinance enacted by a county board pursuant
to this Division that provides for the nomination, designation,
and protection of landmarks or preservation districts, and that contains,
at a minimum, the elements required by Section 5-30009.
"Removal". Any relocation of a structure, object or artifact on its site
or to another site.
"Repair". Any change that is not construction, alteration, demolition,
or removal and is necessary or useful for continuing normal maintenance
and upkeep.
"Scenic Significance". Importance as a result of appearance or character
that remains relatively unchanged from and embodies the essential appearance
related to a culture from an earlier historic or prehistoric period; as
a result of a unique location, appearance, or physical character that creates
an established or familiar vista or visual feature; or as a geologic or
natural feature associated with the development, heritage or culture of
the community, county, State or nation.
"Site". The traditional, documented or legendary location of an event,
occurrence, action or structure significant in the life or lives of a
person, persons, group, or tribe, including but not limited to, cemeteries,
burial grounds, campsites, battlefields, settlements, estates, gardens,
groves, river crossings, routes, trails, caves, quarries, mines or
significant trees or other plant life.
"Structure". Anything constructed or erected, the use of which requires
permanent or temporary location on or in the ground, including (but without
limiting the generality of the foregoing) barns, smokehouses, advertising
signs, billboards, backstops for tennis courts, bridges, fences, pergolas,
gazebos, radio and television antennae, solar collectors, microwave
antennae, including supporting towers, roads, ruins or remnants (including
foundations), swimming pools or walkways.
"Survey". The systematic gathering of information on the architectural,
historical, scenic, and archaeological significance of buildings, sites,
structures, areas, or landscapes through visual assessment in the field
and historical research, for the purpose of identifying landmarks or districts
worthy of preservation.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30004
(55 ILCS 5/5-30004) (from Ch. 34, par. 5-30004)
Sec. 5-30004. Authority to protect and preserve landmarks and
preservation districts. The county board of each county
shall have the following authority:
(1) to establish and appoint by ordinance a | | preservation study committee and to take any reasonable temporary actions to protect potential landmarks and preservation districts during the term of an appointed preservation study committee;
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(2) to establish and appoint by ordinance a
| | preservation commission upon recommendation of a preservation study committee;
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(3) to conduct an ongoing survey of the county to
| | identify buildings, structures, areas, sites and landscapes that are of historic, archaeological, architectural, or scenic significance, and therefore potential landmarks or preservation districts;
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(4) to designate by ordinance landmarks and
| | preservation districts upon the recommendation of a preservation commission and to establish a system of markers, plaques or certificates for designated landmarks and preservation districts;
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(5) to prepare maps showing the location of landmarks
| | and preservation districts, publish educational information, and prepare educational programs concerning landmarks and preservation districts and their designation and protection;
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(6) to exercise any of the powers and authority in
| | relation to regional planning and zoning granted counties by Divisions 5-12 and 5-14, for the purpose of protecting, preserving, and continuing the use of landmarks and preservation districts;
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(7) to nominate landmarks and historic districts to
| | any state or federal registers of historic places;
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(8) to appropriate and expend funds to carry out the
| | purposes of this Division;
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(9) to review applications for construction,
| | alteration, removal or demolition affecting landmarks or property within preservation districts;
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(10) to acquire by negotiated purchase any interest
| | including conservation rights in landmarks or in property within preservation districts, or property immediately adjacent to or surrounding landmarks or preservation districts;
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(11) to apply for and accept any gift, grant or
| | bequest from any private or public source, including agencies of the federal or State government, for any purpose authorized by this Division;
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(12) to establish a system for the transfer of
| | development rights including, as appropriate, a mechanism for the deposit of development rights in a development rights bank, and for the transfer of development rights from that development rights bank in the same manner as authorized for municipalities by Section 11-48.2-2 of the Illinois Municipal Code. All receipts arising from the transfer shall be deposited in a special county account to be applied against expenditures necessitated by the county program for the designation and protection of landmarks and preservation districts. Any development rights acquired, sold or transferred from a development rights bank, shall not be a "security" as that term is defined in Section 2.1 of the Illinois Securities Law of 1953, and shall be exempt from all requirements for the registration of securities.
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(13) to establish a loan or grant program from any
| | source of funds for designated landmarks and preservation districts and to issue interest bearing revenue bonds or general obligation bonds pursuant to ordinance enacted by the county board, after compliance with requirements for referendum, payable from the revenues to be derived from the operation of any landmark or of any property within a preservation district;
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(14) to abate real property taxes on any landmark or
| | property within a preservation district to encourage its preservation and continued use or to provide relief for owners unduly burdened by designation;
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(15) to advise and assist owners of landmarks and
| | property within preservation districts on physical and financial aspects of preservation, renovation, rehabilitation, and reuse;
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(16) to advise cities, villages, or incorporated
| | towns, upon request of the appropriate official of the municipality, concerning enactment of ordinances to protect landmarks or preservation districts;
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(17) to exercise within the boundaries of any city,
| | village, or incorporated town any of the powers and authority granted counties by this Division so long as the corporate authorities by ordinance or by intergovernmental agreement pursuant to the Intergovernmental Cooperation Act, or pursuant to Article VII, Section 10 of the Constitution of the State of Illinois have authorized the county preservation commission established by authority of this Division to designate landmarks or preservation districts within its corporate boundaries, and such county preservation commission shall have only those powers, duties, and legal authority provided in this Division;
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(18) to exercise any of the above powers to preserve
| | and protect property owned by any unit of local government including counties, or to review alteration, construction, demolition, or removal undertaken by any unit of local government including counties that affect landmarks and preservation districts.
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(19) to exercise any other power or authority
| | necessary or appropriate to carrying out the purposes of this Division, including those powers and authorities listed in Sections 5-30010 and 5-30011.
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(Source: P.A. 101-81, eff. 7-12-19.)
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55 ILCS 5/5-30005
(55 ILCS 5/5-30005) (from Ch. 34, par. 5-30005)
Sec. 5-30005.
Appointment of preservation study committee.
Prior to
the establishment of a preservation commission the county board shall by
ordinance or resolution appoint from nominations submitted by the chief
executive officer of the county board a preservation study committee to
investigate the power and authority that can be given to a preservation
commission, and to prepare a report to the county board including a
recommendation concerning the need for a preservation ordinance.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30006
(55 ILCS 5/5-30006) (from Ch. 34, par. 5-30006)
Sec. 5-30006.
Composition and term of preservation study committee.
The preservation study committee shall consist of from 5 to 9 members who
shall be residents of the county or of any incorporated municipality within
it. Among the members of the study committee shall be at least one
representative of the county historical museum, if any; one representative
of a volunteer historical society or organization concerned with
preservation in unincorporated areas in the county; one member from an
existing municipal landmark or historic preservation commission, if any, in
the county; and a representative of the county regional planning
commission, if any. The chief executive officer of the county board shall
appoint a chairman from among the members of the study committee, and shall
make every reasonable effort to nominate persons with a demonstrated
interest in prehistory, history, or architecture as the remaining members
of the study committee. The preservation study committee shall be
appointed for a reasonable period of time not to exceed one year.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30007
(55 ILCS 5/5-30007) (from Ch. 34, par. 5-30007)
Sec. 5-30007.
Compensation, expenses and funds.
The county board may
compensate the study committee on a per diem or per meeting basis with a
mileage allowance for travel, and may appropriate to the study committee
from any funds under its control and not otherwise appropriated, such sum
as the county board may deem proper to fulfill the work of the study committee.
The study committee shall have the authority:
(1) to employ such planning, legal or other assistance as it may deem
necessary;
(2) with the concurrence of the county board to accept, receive and expend
funds, grants and services from the federal government, or its agencies;
from departments, agencies and instrumentalities of the State and local
governments; from private or public foundations; or from other sources;
(3) to contract with respect to any funds, grants or services from whatever
sources derived;
(4) to provide such information and reports as may be necessary to secure
financial aid.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30008
(55 ILCS 5/5-30008) (from Ch. 34, par. 5-30008)
Sec. 5-30008.
Authority of preservation study committee.
The
study committee shall have the following authority:
(1) to review and evaluate any existing State, county or local surveys
and to undertake a preliminary survey of incorporated and unincorporated
portions of the county in order to determine generally the number, type
and location of potential landmarks and historic districts;
(2) on the basis of the survey, to determine the need for establishment
of a preservation commission to recommend the designation of landmarks or
preservation districts, and to review construction, alteration, demolition
and removal affecting designated landmarks and preservation districts;
(3) upon a determination and recommendation that a preservation commission
should be established, to either recommend specific landmarks and preservation
districts that should be designated by an ordinance establishing a preservation
commission, or recommend a process for continuous and systematic survey
of the county to identify and designate landmarks and preservation districts
as part of an ordinance to establish a preservation commission;
(4) to prepare or cause to be prepared, an ordinance for the
establishment of a preservation commission and for the designation and
protection of landmarks and preservation districts;
(5) to recommend incentives to encourage the preservation, rehabilitation,
restoration, and continued use of landmarks or property within preservation
districts;
(6) to report to the county board within a reasonable period of time
concerning these and any other matters affecting the preservation of
buildings, structures, areas, sites and landscapes that are of historic,
archaeological, architectural, or scenic significance.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30009
(55 ILCS 5/5-30009) (from Ch. 34, par. 5-30009)
Sec. 5-30009.
Presentation of preservation study committee
report; termination of committee. The report and
recommendations of the study committee,
including the proposed preservation ordinance upon a recommendation that a
preservation commission should be established, shall be submitted for
review and comment to the county board; the county regional planning
commission, if any; the county historical museum, if any; each existing
municipal landmark or historic preservation commission
in the county; and the Department of Natural Resources. Copies of the
report shall be available at the county courthouse and offices of the county
board and county regional planning commission. The county board, or the
study committee or the county regional planning commission upon authorization
of the county board, shall, within 60 days after submission, hold public
hearings in at least 2 locations within the county and shall afford all
persons interested an opportunity to be heard. Notice of each hearing shall
be published at least 15 days in advance thereof in a newspaper of general
circulation in the county. Such notice shall state the time and place of
the hearing and the place where copies of the report and recommendations
will be available for examination. Within 45 days after the final adjournment
of such hearings the study committee shall make a final report and
recommendations and submit the final proposed preservation ordinance to the
county board. The county board after reviewing the report, recommendations
and proposed preservation ordinance shall within 60 days take one of the
following steps: (1) accept the report and enact the ordinance without
major substantive changes; (2) refer the report and proposed ordinance back
to the study committee with suggestions for further amendments and
revisions for consideration by the preservation study committee and a
further report and recommended ordinance within 60 days; or (3) reject the
report, recommendations and proposed ordinance by resolution stating its
reasons for such action.
The preservation study committee shall cease to exist following the
completion, presentation or filing of its final report and recommendations
with the county board and final action by the board upon the report and
recommendations.
(Source: P.A. 89-445, eff. 2-7-96.)
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55 ILCS 5/5-30010
(55 ILCS 5/5-30010) (from Ch. 34, par. 5-30010)
Sec. 5-30010.
Minimum content of preservation ordinance.
Every
preservation ordinance proposed by a preservation study
committee and enacted by a county board pursuant to this Division is
required, at a minimum, to contain the following elements:
(1) Establishment of a preservation commission;
(2) Standards or criteria for determining the historic archaeological,
architectural, or scenic significance of buildings, structures, objects,
areas, sites or landscapes; and procedures for recommending designation by
ordinance of landmarks or preservation districts;
(3) Definitions of important words and phrases used in the ordinance;
(4) Procedures for the appointment of officers and the succession of
preservation commission members;
(5) Procedures for review by the preservation commission of proposed zoning
amendments, variations and special use applications submitted to a county
regional planning commission or board of appeals;
(6) Procedures and general criteria for review by the preservation
commission of significant alteration, construction, demolition and removal
that affects pending and designated landmarks and preservation districts
and for the issuance of certificates of appropriateness;
(7) Procedures for establishing guidelines interpreting the general criteria
for review of actions required by paragraph (6) above as those criteria
relate to specific designated landmarks or categories of designated landmarks,
and to designated preservation districts;
(8) Procedures and standards for a property owner to demonstrate the
economic hardship from the denial of an application for an alteration,
construction, demolition or removal, and for lessening the effect of any
denial determined by a preservation commission or a county board to deny a
property owner all reasonable use of, or a return on, a landmark or
property within a preservation district;
(9) Fees for the filing of any nomination or application and penalties
for the violation of any provisions of the preservation ordinance.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30011
(55 ILCS 5/5-30011) (from Ch. 34, par. 5-30011)
Sec. 5-30011.
Authority of preservation commission.
Every preservation commission established by ordinance of the county board
pursuant to the report and recommendations of the preservation study
committee shall have the following powers and authority:
(1) To conduct an ongoing survey of the county to identify buildings,
structures, areas, sites and landscapes that are of historic, archaeological,
architectural, or scenic significance, and therefore potential landmarks
or preservation districts;
(2) To hold public hearings and recommend to the county board the
designation of landmarks or preservation districts identified in the survey;
(3) To compile information concerning and prepare descriptions of, the
landmarks or preservation districts identified and recommended for designation,
and the characteristics that meet the standards for designation;
(4) To prepare, keep current, and publish a map or maps showing the
locations and exact boundaries of both proposed and designated landmarks
and preservation districts, and, if the preservation commission so chooses,
the locations and boundaries of designated State or federal landmarks or
districts;
(5) To keep a register of all designated landmarks and preservation
districts;
(6) To establish an appropriate system of markers or plaques for all
designated landmarks and preservation districts, and for streets, roads and
highways leading from one landmark or preservation district to another and
to confer recognition upon the owners of landmarks or property within
preservation districts by means of certificates, plaques or markers;
(7) To nominate landmarks and historic districts to any state or federal
registers of historic places;
(8) To advise and assist owners of landmarks and property
within preservation
districts on physical and financial aspects of preservation, renovation,
rehabilitation and reuse, and on procedures for inclusion on any state or
federal register of historic places;
(9) To inform and educate the citizens of the county concerning the
historic, archaeological, architectural, or scenic heritage of the county
by publishing appropriate maps, newsletters, brochures and pamphlets, and
by holding programs and seminars;
(10) To hold public hearings and to review applications for construction,
alteration, removal or demolition affecting landmarks or property within
preservation districts and issue or deny certificates of appropriateness
for such actions;
(11) To consider applications for certificates of economic hardship that
would allow the performance of work for which a certificate of appropriateness
may be, or has been denied;
(12) To develop specific criteria and guidelines for the proper alteration,
construction, demolition or removal of landmarks, or of property within
preservation districts;
(13) To review proposed amendments to zoning regulations, applications
for special uses or applications for zoning variations that affect any landmark
or preservation district. Proposed zoning amendments, applications for special
use or zoning variations that affect any landmark or preservation district
as defined in the ordinance establishing the preservation commission shall
be transmitted to the preservation commission for review and comment prior
to the date of the hearing by the county regional plan commission or zoning
board of appeals;
(14) To administer on behalf of the county board any property, or full
or partial interest in real property, including a conservation right, which
the county may have or accept as a gift or otherwise, upon designation by
the county board;
(15) To accept and administer on behalf of the county board such gifts,
grants and money or other personal property as may be appropriate for the
purposes of this Division. Such money may be expended for
publishing maps and brochures, or for hiring staff persons or consultants
or performing otherwise appropriate functions for the purpose of carrying
out the duties and powers of the preservation commission and the purposes
of this Division;
(16) To administer any system established by the county board for the
transfer of development rights;
(17) To call upon available county agencies and staff members as well
as other experts for technical advice;
(18) To retain such specialists or consultants, or to appoint such citizen,
neighborhood or area advisory committees, as may be required from time to time;
(19) To testify before all boards and commissions including any county
regional plan commission, and the zoning board of appeal on any matter
affecting potential or designated landmarks or preservation districts;
(20) To periodically review any county comprehensive plan and to develop
a preservation component in any comprehensive plan of the county and to
recommend it to the county regional plan commission and the county board;
(21) To periodically consult with the county zoning administrator and
review any county zoning ordinance and building code
and to recommend to the county regional plan commission and the county
board any amendments appropriate for the protection and continued use of
landmarks or property within preservation districts;
(22) To adopt rules and procedures for operation of the preservation
commission and the conduct of hearings and meetings;
(23) To undertake any other action or activity necessary or appropriate
to the implementation of its powers and duties, or to implementation of
the purposes of this Division.
(Source: P.A. 90-655, eff. 7-30-98.)
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55 ILCS 5/5-30012
(55 ILCS 5/5-30012) (from Ch. 34, par. 5-30012)
Sec. 5-30012.
Appointment of preservation commission.
The county board may by ordinance appoint a preservation commission
from names submitted by the presiding officers of the county board. The
preservation commission shall consist of at least five members. All members
shall be residents of the county and may be residents of incorporated cities,
villages and towns within the county. The chief executive officer of the
county board shall make every reasonable effort to nominate to the preservation
commission at least one attorney, one historian or architectural historian,
one architect/engineer and one real estate professional knowledgeable in
preservation, and the other members shall be persons with a demonstrated
interest in pre-history, history, or architecture. Terms of the initial
members shall be staggered so that at least five serve respectively for the
following terms: one for one year; one for two years; one for three years;
one for four years; and one for five years. Any additional initial members
shall also serve terms staggered in the same sequence. Successors to
initial members so appointed shall serve for five year terms. One of the
members so appointed shall be named as chairman at the time of appointment
and other officers may be elected by the preservation commission. Vacancies
shall be filled by the county board from names submitted by the presiding
officer of the county board. Any preservation commission member may be
removed by the county board for cause, after public hearing.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30013
(55 ILCS 5/5-30013) (from Ch. 34, par. 5-30013)
Sec. 5-30013.
Meetings of preservation commission.
Meetings of a preservation commission shall be held monthly,
except in those months when no business is pending, and shall
be held at such times and places within the county as the
preservation commission shall decide. All meetings shall be
open to the public. The preservation commission shall keep
minutes of its proceedings, showing the vote of each member
upon every question, or if absent or failing to vote, and
shall also keep records of its official actions.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30014
(55 ILCS 5/5-30014) (from Ch. 34, par. 5-30014)
Sec. 5-30014.
Nomination of landmarks and preservation
districts. The preservation commission or any
person may propose landmarks of preservation districts for designation by
the county board by filing a nomination with the preservation commission
and it shall contain all information required by the ordinance establishing
a county preservation commission. The preservation
commission shall schedule a hearing on the nomination within 60 days of its
receipt. Notice of the public hearing shall be published at least 15 days
in advance thereof in a newspaper of general circulation in the county.
Individual notice including a copy of the nomination form shall be given
by mail to all owners of record of property nominated as a landmark. Every
effort shall be made to give notice to owners of record of property within
a preservation district and to owners of property adjacent and immediately
surrounding a landmark or preservation district affected by the process for
the application for, and review of,
a certificate of appropriateness. The newspaper and any individual or general
notice shall state the date, time, place, and purpose of the public hearing.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30015
(55 ILCS 5/5-30015) (from Ch. 34, par. 5-30015)
Sec. 5-30015.
Conduct of public hearing.
Oral or written testimony
shall be taken at the public hearing from any person concerning the
nomination. The preservation commission may solicit expert testimony or
present its own evidence regarding the historic, archaeological,
architectural, or scenic significance of a proposed landmark or of any
property within a proposed preservation district. The owner of any proposed
landmark or of any property within a proposed preservation district shall
be allowed reasonable opportunity to present evidence regarding historic,
archaeological, architectural or scenic significance and shall be afforded
the right of representation by counsel and reasonable opportunity to cross
examine expert witnesses. The hearing shall be closed upon completion of
testimony.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30016
(55 ILCS 5/5-30016) (from Ch. 34, par. 5-30016)
Sec. 5-30016.
Recommendation of preservation commission.
Within 60
days following close of the public hearing, the preservation commission
shall make its determination upon the evidence whether the proposed
landmark or preservation district does or does not meet the criteria for
designation. A recommendation to the county board that the proposed
landmark or preservation district does or does not meet the criteria for
designation and should or should not be designated shall be passed by
resolution of the preservation commission, and such a recommendation shall
be accompanied by a report stating the findings of the preservation
commission concerning the historic, archaeological, architectural or scenic
significance of the proposed landmark or preservation district.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30017
(55 ILCS 5/5-30017) (from Ch. 34, par. 5-30017)
Sec. 5-30017.
Designation by ordinance; publication of map.
The county board, upon a recommendation
from the preservation commission that the proposed landmark or preservation
district should be designated, shall review the report and recommendations
of the preservation commission. The county board may schedule a public
hearing concerning the proposed designation and shall provide notice of any
public hearing in the same manner as provided in Section 5-30014 and
conduct the public hearing in the same manner as provided
in Section 5-30015. The county board after reviewing
the report and recommendation shall within 90 days from receipt of the
recommendation of the preservation commission take one of the following
steps: (1) designate the landmark or preservation district by ordinance;
(2) refer the report and recommendation back to the preservation commission
with suggestions for revisions and a further report and recommendation
stating its reason for such action. Notice of the action of the county
board including a copy of the ordinance designating the landmark or
preservation district shall be sent by regular mail to each owner of record
of a landmark or property within a preservation district and to owners of
adjacent and immediately surrounding property affected by the process for
the application for, and review of, a certificate of appropriateness. A map
showing the location of all designated landmarks and preservation districts
shall be published and amended upon each designation. Copies of the map
shall be available to the public at the office of the preservation
commission and at the same location and in the same manner as any county
zoning map.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30018
(55 ILCS 5/5-30018) (from Ch. 34, par. 5-30018)
Sec. 5-30018.
Certificate of appropriateness.
A certificate of
appropriateness from a preservation commission established pursuant to this
Division shall be required before any significant alteration, construction,
demolition or removal that affects pending or designated landmarks and
preservation districts is undertaken. Such a certificate is required for
all such actions from the date a nomination in proper form for designation
is submitted to the preservation commission. The preservation ordinance
enacted by the county board shall give the preservation commission one or
the other of the following powers:
(1) final authority to deny a certificate of appropriateness upon a finding
that the proposed action will adversely affect the historic, archaeological,
architectural, or scenic significance of a landmark or preservation
district; or (2) authority to delay the issuance of a certificate of
appropriateness for a reasonable period of time while negotiations between
the property owner and the preservation commission are undertaken to lessen
the effect of the proposed action on the historic, archaeological,
architectural, or scenic significance of the landmark or preservation
district. The preservation commission may hold a public hearing on an
application for a certificate of appropriateness in the same manner as
provided in Section 5-30014, and conduct the hearing
on appropriateness in the same manner as provided in Section 5-30015.
(Source: P.A. 86-962.)
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