Resolution No. 02-2023 - Solar Panels

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RESOLUTION NO. 02-2023 A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY, INDIANA ESTABLISHING "ADMINISTRATIVE APPROVAL" PROCEDURES AUTHORIZING STAFF TO APPROVE PROJECTS THAT ARE SOLAR PANELS WHICH ARE PARTIALLY VISIBLE FROM THE STREET AND COMPLY WITH THE APPLICABLE STANDARDS AND GUIDELINES WHEREAS, the Historic Preservation Commission of South Bend and St. Joseph County, Indiana (the "Commission") operates pursuant to Article 13 of Chapter 21 of the South Bend Municipal Code, as may be amended from time to time (the "City Ordinance"), Title XV, Chapter 154, §§ 154.245-154.263 of the St. Joseph County Code of Ordinances, as may be amended from time to time (the "County Ordinance"), and the terms of the Interlocal Agreement between the City of South Bend and St. Joseph County dated December 12, 2017, as the same may be amended from time to time (the "Interlocal Agreement"); and WHEREAS, pursuant to the City Ordinance and the County Ordinance, (a) the Commission shall issue a Certificate of Appropriateness (a "COA") before the construction, reconstruction, alteration, demolition, or moving of any exterior feature of any building, structure, or use within historic preservation districts and with respect to historic landmarks, and (b) nothing in this article shall be construed to prevent the ordinary maintenance and repair of any building, structure or use which will not involve a change in exterior features or to prevent the construction, reconstruction, alteration, demolition, or moving of any building, structure or use which the Building Commissioners or other official having such power may certify as required by the public safety because of an unsafe or dangerous condition; and WHEREAS, the Commission desires to establish by this Resolution certain procedures by the City's staff members, including without limitation, the Historic Preservation Administrator and the Historic Preservation Specialist (collectively, for purposes of this Resolution, the "Staff), to authorize Administrative Approval ("AA") with regard to certain projects based on an established process for application for a COA; and NOW, THEREFORE, BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY AS FOLLOWS: I.The Staff, on the Commission's behalf and in accordance with the terms of this Resolution, may qualify and approve any work (whether proposed or completed) as an Administrative Approval if it (a) is a solar panel not visible or partially visible from the street, and (b) consists of a project in compliance with the applicable Standards and Guidelines as applicable in a given case. 2. The Commission hereby instructs the Staff to evaluate the work or conditions potentially constituting Administrative Approval with reference to applicable historic preservation Standards and Guidelines. Staff shall make determinations and follow the procedures laid out in prior Resolutions by the Commission, including Resolution 18-03. 3. This Resolution shall take effect immediately upon its adoption by the Commission.