Amending Chapter 21 Historic Preservation Commission

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ORDINANCE NO. 716 -O Q AN ORDINANCE AMENDING SOUTH BEND MUNICIPAL CODE CHAPTER 21, ARTICLE 6.5, ENTITLED HISTORIC PRESERVATION COMMISSION STATEMENT OF PURPOSE AND INTENT: In the operation of the Historic Preservation Commission, pursuant to the current code provisions for that operation, certain changes and addi- tional provisions have become necessary for the effective and efficient oper- ation of that Commission. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF SOUTH BEND THAT: SECTION I. Chapter 21 of Article 6.5 of the Municipal Code of the City of South Bend, Indiana, shall be amended as follows: A. Section 21- 11T'I(b) shall be amended by the addition thereto of the following new sub - section (4): (4) Whenever a Commissioner fails to attend four (4) consecu- tive, regularly scheduled meetings, the Historic Preservation Com- mission may determine the position to be vacant and certify to the appropriate appointing body that the position is vacant and the appropriate appointing body shall, within thirt—y-C-30T days after re- ceipt of notice from the Commission, appoint another and different Commissioner for the remainder of the term. B. Section 21- 117.2(b) shall be deleted in its entirety. C. Section 21- 117.2(e) shall be amended to read as follows: (e) Within ''HP'' historic preservation districts, or as to Historic Landmarks, the Historic Preservation Commission shall have the following powers and duties: (1) The Historic Preservation Commission shall issue a certificate of appropriateness before any one of the following actions is taken: the construction, reconstruction, alteration, demolition or moving of any exterior feature of any building, structure, or use. This- proeisrert- shat- i- be -in- force- art - the - effective- date -of Ordinance -Ne 7- 5565 7337 Certificates of appropriateness shall be issued in accordance with the stipulations of this article. (2) 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 any exterior features or to prevent the construction, reconstruction, alteration, demolition, or moving of any building, structure or use which the Building Commis- sioner or other official having such power may certify as required by the public safety because of an unsafe or dangerous condition. Where the Historic Preservation essary, the Commission may petition the C porary delay in the issuance of the requi construction, reconstruction, alteration, designated Historic Landmark for the purp vation plan for said Landmark. Such yeti period of time. The tition when it finds a. That such action wil subiect orooerty to Commission ommon Counc red permit demolition ose of prep tion shall deems it nec- 1 for a tem- for proposed or moving of a ring a preser- e for a specif ommission's Pe the owner of the ship: and b. That such delay will not be injurious to the public health, safety or welfare; and