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ORDINANCE N0. ~1 yU~~~U <br />AN ORDINANCE AMENDING ARTICLE 6.5 <br />OF CHAPTER 21 OF THE MUNICIPAL CODE <br />OF THE CITY OF SOUTH BEND, INDIANA <br />STATEMENT OF PURPOSE AND INTENT <br />---------------------------------------------------------------- <br />The existing Ordinance requires the Historic Preservation <br />Commission (HPC) to act within thirty (30) days following receipt <br />of a certificate of appropriateness; its failure to act within <br />forty-five (45) days of such receipt constitutes approval of a <br />certificate of appropriateness. This time frame is unrealistic <br />because the HPC can receive a certificate of appropriateness the <br />day after its monthly meeting, and the next meeting may occur more <br />than thirty (30) days later. This causes inconvenience to both <br />owner and the HPC because special committee meetings are then <br />required on short notice. Moreover, the HPC frequently receives <br />insufficient information with an application for a certificate of <br />appropriateness, necessarily requiring a delay in evaluating a <br />project from the best perspective of a property owner. The <br />proposed Amendment will cure these problems by extending deadlines <br />by fifteen (15) days, thus assuring to property owners the fullest, <br />fairest consideration of a proposed project within a reasonably <br />prompt time frame. <br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: <br />SECTION I. Chapter 21, Article 6.5, Section 21-117.2(e)(5) <br />shall be amended to read as follows: <br />(5) The Historic Preservation Commission shall consider <br />the application within ~rr~t~-(3-~r forty-five (45) days <br />following its receipt of the application for a <br />certificate of appropriateness, and shall either <br />(a) Issue a certificate of appropriateness stating <br />that the proposed construction, reconstruction, <br />alteration, demolition, or moving is in conformance with <br />the provisions of this article and authorize the Building <br />Commissioner to issue a building permit, demolition <br />permit, sign permit or moving permit if required; or <br />(b) Deny the application, stating in writing the <br />reason(s) for such denial. Upon such denial, the <br />applicant may appeal said denial to the Common Council <br />which shall make a final determination of the <br />