Amending Chapter 21, Article 6.5 - interim protection of proposed historic landmarks prior to final landmark designation

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ORDINANCE NO. ~ ~~ l I AN ORDINANCE AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE FOR INTERIM PROTECTION OF PROPOSED LOCAL HISTORIC LANDMARKS PRIOR TO FINAL LANDMARK DESIGNATION AND TO CREATE SUBPARAGRAPH DESIGNATIONS IN SECTION 21-117.2 (d) OF ARTICLE 6.5 OF CHAPTER 21 STATEMENT OF PURPOSE AND INTENT The present version of Article 6.5, Chapter 21, of the Municipal Code does not provide a means for protecting and conserving a historic landmark during the land marking process; consequently, a proposed historic landmark could be altered or demolished between the time that it is proposed for landmark status and the time that an Ordinance designating it as a landmark is adopted. This amended. ordinance will afford proposed landmarks temporary protection from demolition, alteration, addition or reconstruction, and it will also serve to clarify Section 21-117.2 (d) of Chapter 1, Article 6.5 of the South Bend Municipal Code by inserting subsection designations to what was previously one general paragraph. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. Chapter 21, Article 6.5, Section 21-117.2 (d) is amended to designate subdivisions and to add new language and subsection ( 5) (d) Survey, identify, plan for and advise the Common Council and the Area Plan Commission concerning the establishment of Historic Preservation Districts. Survey, identify, plan for and advise the Common Council concerning the designation of historic landmarks. ~_ The Historic Preservation Commission shall recommend the designation of historic landmarks and the establishment of Historic Preservation Districts on the basis of historical and cultural significance, educational value and suitability for preservation. Historic landmarks shall be designated and Historic Preservation Districts shall be established by the Common Council through the passage of an ordinance. Said ordinance shall be initiated in the usual manner: By the Common Council; by a petition of the owners of fifty percent (50%) or more of the subject area; or by the Area Plan Commission.