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"Should" is defined as an expression of obligation, something that ought to be done but that is open to compromise.
<br />L THE ENVIRONMENT
<br />A. THE DISTRICT ENVIRONMENT •
<br />Required
<br />Distinctive existing features such as parks, gardens, streetlights, fences, signs, benches, walkways, streets, alleys and building setbacks shall
<br />be retained. New plant materials, fencing, walkways, streetlights, signs and benches shall be compatible with the character of the
<br />neighborhood in size, scale, materials and color. The riverfront neighborhood character of the District shall be retained.
<br />Recommended
<br />Whenever possible, the original features should be restored Plant materials and trees in close proximity to buildings, sidewalks or streets
<br />that are causing deterioration to those elements should be removed. If erosion control efforts become necessary to preserve the riverbank,
<br />they should involve processes and materials consistent with the natural beauty of the riverbanks. The development of boatlandings, access
<br />points, scenic overlooks or terraces should be done in such a way so as to avoid obstructing the view of the river and its banks (refer to
<br />Appendix A). When new streetlights are installed, an effort should be made to use reproduction, turn -of -the -century lights.
<br />Prohibited
<br />Existing relationships of buildings and their environments shall not be destroyed through widening existing streets, changing paving material
<br />or by introducing inappropriately located new streets or parking lots incompatible with the character of the neighborhood. Signs,
<br />streetlighting, benches, new plant materials, fencing, walkways and paving materials which are out of scale or would alter the
<br />relationship of the houses and the river shall be prohibited In erosion control efforts to preserve the riverbank, poured concrete, concrete
<br />slabs, concrete buildings or blocks or unsightly materials shall not be used.
<br />B. BUILDING SITE, LANDSCAPING AND ACCESSORIES
<br />Individual properties in the district are characterized by a house located in the center of a long, narrow lot which extends from Lincolnway to
<br />the alley just north of the railroad tracks. The front yards, most of which have sloping embankments to the sidewalk along Lincolnway, are
<br />divided by concrete sidewalks to the front porches. A few of the properties have gravel driveways, while most are concrete and some are
<br />shared driveways between two lots. All of the properties have trees, many have trimmed shrubbery and hedges. All of the houses conform to
<br />a uniform setback line; the buildings in the 1300 block angle to conform to the curve in the street.
<br />Required
<br />Existing plants, trees, fencing, walkways, streetlights, signs and benches which reflect the properties' history and development shall be
<br />retained.
<br />Recommended
<br />New site work should be based upon actual knowledge of the past appearance of the property found in photographs, drawings and
<br />newspapers. New site work should be appropriate to existing surrounding site elements in scale, type and appearance. Plant materials in
<br />close proximity to the building that are causing deterioration to the building's historic fabric should be removed. •
<br />Prohibited
<br />No changes may be made to the appearance of the site by removing old plants, trees, fencing, walkways, outbuildings and other elements
<br />before evaluating their importance to the property's history and development. Front yard areas shall not be transformed into parking lots,
<br />paved, blacktopped or fenced
<br />VI. ENFORCEMENT PROCEDURES
<br />Enforcement of the preservation guidelines for the historic district is made possible in the Zoning Ordinance of South Bend, ordinance No.
<br />5565-73. The Historic Preservation Commission shall issue a Certificate of Appropriateness before commencement of any construction,
<br />reconstruction, alteration, demolition or moving of any house or structure within the historic district boundaries (see Appendix A). This
<br />ordinance, however, does not prevent the ordinary maintenance and repair of any building or structure which does not involve a change in
<br />any exterior feature, nor does it prevent the reconstruction, alteration, demolition or moving of any building or structure which the Building
<br />Commissioner or other official has determined to be a hazard to public safety.
<br />The Historic Preservation Commission will accept applications for Certificates of Appropriateness only from the property owner. Property
<br />owners wishing to do, or have done, any work affecting the exterior of their building or land must apply directly to the Historic Preservation
<br />Commission on the form prescribed by the Commission (see Appendix A). The Commission will review the application and either issue a
<br />Certificate of Appropriateness or else deny the application, stating in writing the reasons for such denial. Upon such denial, the applicant
<br />may appeal to the Common Council.
<br />In making its determination, the Historic Preservation Commission shall consider three factors: first, appropriateness of the proposed work to
<br />the preservation of the building and district; second, the detriment to the public welfare if the proposed work is permitted even though it is
<br />not deemed appropriate; third, the potential hardship that the denial of the Certificate of Appropriateness would cause the applicant.
<br />Where the Historic Preservation Commission deems it necessary, the commission may petition the Common Council for a temporary delay in
<br />the issuance of the required permit(s) for proposed construction, reconstruction, alteration, demolition or moving for the purpose of preparing
<br />an historic preservation plan for a building or district. Such a request shall be for a specified period of time. In no case may the delay
<br />granted by the Common Council exceed one (1) year, but the commission may petition the Common Council for a continuance of any such
<br />delay in accordance with the same procedure as for the initial petition. The Historic Preservation Commission may petition the Building
<br />Commissioner to use the legal means available to him / her to force the maintenance and / or repair of any building or structure within the
<br />historic district in accordance with the intent of this ordinance. 40
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