HomeMy WebLinkAbout10572-17 Historic Preservation Transition ORDINANCE N 10572-17
Passed by the Common Council of the City of South Bend, Indiana
January 08, 20 18
Attest: City Clerk
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
January 08, 20 18
1A Z,
City Clerk
Approved and signed by me �a� �� 20
Mayor
BILL NO. 87-17
ORDINANCE NO. 1072-17
AN ORDINANCE INITIATED BY THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA,AMENDING CHAPTER 21 OF THE SOUTH BEND
MUNICIPAL CODE, ARTICLE 13 HISTORIC PRESERVATION COMMISSION IN
CONNECTION WITH THE TRANSITION OF HISTORIC PRESERVATION STAFF
TO THE CITY OF SOUTH BEND UNDER AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF SOUTH BEND AND ST. JOSEPH COUNTY.
STATEMENT OF PURPOSE AND INTENT
Pursuant to the Interlocal Agreement dated December 12, 2017, by and between the City
of South Bend (the "City") and St. Joseph County (the "County"), as approved by the executive
and legislative bodies of the City and the County in accordance with law,the City and the County
have agreed to transfer management responsibility for historic preservation matters related to the
Historic Preservation Commission of South Bend and St. Joseph County (the "Commission"),
including the transfer of the employment of certain staff members from the County to the City.
Such transfer will be effective on January 1, 2018. Consistent with the City's acceptance of such
responsibilities and staff members, various changes to Chapter 21, Article 13, of the South Bend
Zoning Ordinance are necessary and appropriate. It is desirable, advantageous, and in the public
interest of the City and its residents to amend the Zoning Ordinance as set forth herein.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana as follows:
SECTION 1. Chapter 21, Zoning, of the South Bend Municipal Code, Article 13 Historic
Preservation Commission, Section 21-13.01(a) is hereby amended to read as follows:
There hereby established and ro,.yeft j+o The Historic Preservation Commission
originally established in 1973 is perpetuated with the fnember-ship ^~a powers and duties
as set forth inthe Interlocal Agreement between St. Joseph County and the City
of South Bend dated December 12 2017 as the same may be amended from time to time
in accordance with the law, a copy of which is available for public inspection in the office
of the South Bend City Clerk, and on the City's website.
SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 13 Historic
Preservation Commission, Section 21-13.01(b) is hereby amended to read as follows:
(b)Membership:
(1) Net later-than thii+. (30)days fter-the off efiye date of n,-a;.,.,.,,e No. 5565 73 a-A
nonpartisan Historic Preservation Commission of nine (9) members shall continue to be
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appointed, all of whom shall be interested and knowledgeable in historic preservation in
the local area. The membership shall be appointed as follows:
(A)_(l
(A) The Mayor and the Common Council of the City of South Bend and the
St. Joseph County Council and Board of Commissioners of St. Joseph County shall
each appoint two (2) at-large-members, designating not more than one (1) member
from any major political party and giving consideration to persons residing in areas
having historic significance; and
(B) The eight(8)members appointed above shall in turn appoint the ninth member,
who shall be an architectural historian.
(2) The Each members of the Historic Preservation Commission shall serve without
compensation for a terms of three (3) years;which terms shall continue to be staggered in
accordance with the original provisions for appointment in effect in 1973 which was then
as follows: provided, however-, that heiirital appointments shall be made for nagger-�
teEms, as follows:
(A) The Mayor and the Common Council of the City of South Bend and the Council
and the Board of Commissioners of St. Joseph County shall each make one
appointment for a term of one(1)year and one appointment for a term of two(2)years;
and
(B) The ninth member shall be appointed for a term of three (3) years.
(3) If a vacancy occurs by resignation or otherwise, the unexpired term shall be filled
within thirty (30) days of such vacancy by the appropriate appointing body.
(4) Whenever a Commissioner fails to attend four(4) consecutive, regularly scheduled
meetings, the Historic Preservation Commission may determine the position to be vacant
and certify to the appropriate appointing body that the position is vacant. Within a
reasonable time after receiving such certification,-an4-the appropriate appointing body
shall, within thi fey«m days after r-eee pt ofne fieo f.,,.Y, the rcn iissier, appoint another
and different Commissioner for the remainder of the unexpired term.
(5) Each member of the Historic Preservation Commission will serve at the pleasure of
his or her appointing body, and may be removed at any time for any reason or no reason.
SECTION III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 13 Historic
Preservation Commission, Section 21-13.02 is hereby renamed "Section 21-13.02 — Procedures
and responsibilities" and amended as follows:
The Historic Preservation Commission shall have the following powers and dutieO
responsibilities within the corporate boundaries of the City of South Bend:
(a) Reserved. Adopt byl .s f=- eaiqFying out the pewer-s and du4ie et f r*>1 in this seetion.
(b) Reserved.
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(c) Reserved. The Gefr...ission shall hell at least F � (4) adyeftise l p b,lie hearings to
4e the publie with an oppeftanity of beeeming awafe of Gonffnission business and
(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.
(1) 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.
(2) 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(50)percent or more of the subject area; or by the Area Plan Commission.
(3) If any proposed ordinance is introduced to the Common Council for the purpose of
creating a new Historic Preservation District , or repealing, altering, or modifying an
established Historic Preservation District , then prior to referral to the Area Plan
Commission, the proposed ordinance shall be referred by the Common Council to the
Historic Preservation Commission which shall hold a public hearing within ninety (90)
days of the referral, unless such public hearing was conducted by the Historic
Preservation Commission prior to introduction of the proposed ordinance which shall
satisfy this requirement of a public hearing. The public hearing before the Historic
Preservation Commission shall be for the purpose of hearing comments on the proposed
ordinance and for the purpose of delivering either a favorable or unfavorable
recommendation to the Common Council. Notice of such hearing shall be given to all
owners of property in the affected Historic Preservation District. Failure of the Historic
Preservation Commission to deliver a recommendation within ninety(90)days following
referral by the Common Council shall be considered a favorable recommendation.
(4) If any proposed ordinance is introduced to the Common Council for the purpose of
creating a new historic landmark , or repealing, altering, or modifying an established
historic landmark , then prior to the Common Council's public hearing, the proposed
ordinance shall be referred by the Common Council to the Historic Preservation
Commission which shall hold a public hearing within ninety (90) days of the referral,
unless such public hearing was conducted by the Historic Preservation Commission prior
to introduction of the proposed ordinance which shall satisfy this requirement of a public
hearing. The public hearing before the Historic Preservation Commission shall be for the
purpose of hearing comments on the proposed ordinance and for the purpose of delivering
either a favorable or unfavorable recommendation to the Common Council. Notice of
such hearing shall be given to all owners of the affected historic landmark. Failure of the
Historic Preservation Commission to deliver a recommendation within ninety (90) days
following referral by the Common Council shall be considered a favorable
recommendation.
(5) (A) Upon the earlier of the reading of a proposal for a historic landmark before
the Historic Preservation Commission or upon the filing of an ordinance before the
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Common Council for the purpose of creating a new historic landmark , the
Commission may declare such proposed new historic landmark to be under interim
protection.
(B) Not more than two (2) working days after declaring a building, structure, or
site to be under interim protection under this section, the Historic Preservation
Commission shall provide the owner of the building, structure or site with a written
notice of declaration by personal delivery or certified mail. The Historic
Preservation Commission shall also notify the Common Council and the St. Joseph
County/South Bend Building Department. In the event the owner cannot be located
after due diligence,the Historic Preservation Commission or the City Department of
Code Enforcement which shall affix a notice of interim protection to the building,
structure, or site. Written notice under this subsection b. must:
i. Cite the authority of the Historic Preservation Commission to put the building,
structure, or site under interim protection under this section;
ii. Explain the effect of putting the building, structure, or site under interim
protection; and
iii. Indicate that the interim protection is for a maximum period of six(6)months.
(C) A building or structure put under interim protection under subsection a.
remains under interim protection for a period of six(6)months,or until an ordinance
designating the landmark is approved or rejected by the Common Council,whichever
occurs first.
(D) While a building, structure, or site is under interim protection under this
section;
i. The building, structure, or site may not be demolished or moved; and
ii. The exterior appearance of the building, structure, or site may not be
conspicuously changed by:
(a) Addition;
(b) Reconstruction; or
(c) Alteration.
(E) The Commission may approve a Certificate of Appropriateness at any time
during the period of interim protection, provided the proposed change meets the
criteria for considering effect of actions on historic buildings in subsection 21-
13.02(e) of this section and any proposed preservation guidelines prepared by the
Historic Preservation Commission for the affected building, structure, or site.
(e) Within "HP" Historic Preservation Districts, or as to historic landmarks, the Historic
Preservation Commission shall have the following pewer-s and dutie° responsibilities:
(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.
Certificates of appropriateness shall be issued in accordance with the stipulations of this
article, and the submission of a certificate of appropriateness shall be accompanied by
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fees as prescribed by the Historic Preservation Commission. A listing of such fees shall
be kept on file in the Office of the Historic Preservation Commission and the City Clerk's
Office. Such listing shall be kept current and shall be available for public inspection
during regular business hours of said offices.
(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 Commissioner 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 Commission deems it necessary, the Commission may
petition the Common Council for a temporary delay in the issuance of the required
permit(s) for proposed construction, reconstruction, alteration, demolition or moving of
a designated historic landmark for the purpose of preparing a preservation plan for said
landmark. Such petition shall be for a specified period of time. The Common Council
shall grant the Commission's petition when it finds:
(A) That such action will not cause the owner of the subject property to suffer
hardship; and
(B) That such delay will not be injurious to the public health, safety or welfare;
and
(C) That in keeping with the intent of this article, such action is necessary and
appropriate.
In no case may the delay granted by the Common Council exceed one (1) year, but the
Commission may petition the Common Council for a continuation of any such delay
granted by the Common Council in accordance with the same procedures set forth above
for the initial petition.
(3) An application for a building permit, demolition permit, sign permit or moving
permit shall also be deemed to be an application for a certificate of appropriateness.
Within five(5)working days of receipt of such application relative to a building,structure
or use in said district, the Building Commissioner shall forward the application to the
Historic Preservation Commission for review and action pursuant to section 21-
13.02(e)(5),below.
(4) Where no other permit is required, an application for a certificate of appropriateness
shall be filed with the Historic Preservation Commission on the form prescribed by the
Commission. Said applicant shall include the following information:
(A) Name, address and telephone number of the applicant
(B) Location of the subject building, structure or use;
(C) Structural drawings and specifications, floor plans, elevations, cross-sectional
plans,renderings, diagrams or other such plans;
(D) Samples of materials to be used, including colors;
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(E) Where the proposed change includes a sign, a scale drawing showing the
location of the sign on the structure or property,the type of lettering, and the method
of illumination; and
(F) Other such information as the Historic Preservation Commission may require
under the provisions of this article.
(5) The Historic Preservation Commission shall consider the application within forty-
five (45) days following its receipt of the application for a certificate of appropriateness,
and shall either:
(A) Issue a certificate of appropriateness stating that the proposed construction,
reconstruction, alteration, demolition, or moving is in conformance with the
provisions of this article and authorize the Building Commissioner to issue a building
permit, demolition permit, sign permit or moving permit if required; or
(B) Deny the application, stating in writing the reason(s) for such denial. Upon
such denial,the applicant may appeal said denial to the Common Council which shall
make a final determination of the application. Failure of the Historic Preservation
Commission to take such action within sixty(60)days after receipt of the application
by the Commission shall constitute approval of the application.
In making such determination, the Historic Preservation Commission shall consider
the following:
i. Appropriateness of the proposed construction, reconstruction, alteration,
demolition or moving to the preservation of the historic landmark, specifically,
and/or the Historic Preservation District, generally;
ii. The detriment to the public welfare if the proposed construction,
reconstruction, alteration, demolition or moving is permitted even though it is
not deemed appropriate; and
iii. The potential hardship that the denial of a certificate of appropriateness would
cause the applicant.
(6) Reserved.
(7) The Historic Preservation Commission may petition the Building Commissioner or
his or her designee and the Department of Code Enforcement to cause the maintenance
and/or repair of any historic landmark or property in Historic Preservation District(s).
All appropriate legal remedies at the state and local levels shall be utilized by such
officials when seeking compliance with standards established for preserving and
protecting historic landmarks and Historic Preservation Districts as further addressed in
subparagraph(f)herein, which are in accordance with the intent of this article.
(8) Within each of the Historic Preservation Districts established in accordance with the
provisions of this article, the Historic Preservation Commission shall establish
Neighborhood Development Committees to advise the Historic Preservation
Commission in matters relative to the district which the Committee represents.
(f) Establish reasonable and just standards for the preservation of historic landmark s and
Historic Preservation Districts, including architectural treatment, site development
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requirements, and provisions concerning construction, reconstruction, alteration, demolition
or removal of any building or structure, or parts thereof. Provided,however,that:
(1) The Historic Preservation Commission may adopt only those standards necessary to
prevent such construction,reconstruction, alteration, demolition, or removal which is not
in keeping with the purpose and intent of this article; and
(2) Such standards shall be applicable only to the exterior features of historic landmarks
and of buildings or structures within Historic Preservation Districts.
(g) Develop historic preservation plans for historic landmarks and districts and, together
with other public or private agencies or officials, assist in the administration and
implementation of such plans.
(h) Promote public interest in historic preservation by initiating and carrying on a public
relations and community education program.
(i) Advise and assist owners of historic landmarks in the preservation of those landmarks.
0) Accept, in the name of the City of South Bend, through gift, grant, legacy, bequest or
endowment, monies and preservation easements in real property for the purpose of the
preservation of historic landmarks and Historic Preservation Districts. Expenditures of such
money, regardless of the source, must be deposited in a special Historic Preservation
Commission account, and receive prior approval from the Common Council before
expenditures may be made.
(k) The provisions of this article shall be enforced as provided by Article 10 of this chapter.
(1) The Historic Preservation Commission,as the local government certified by the Indiana
State Historic Preservation Officer and the Secretary of the Interior of the United States,shall
process National Register of Historic Places Inventory Nomination Forms in accordance
with regulations established by the Historic Preservation Commission consistent with the
Indiana Certified Local Government Regulations.
(m) The Historic Preservation Commission shall receive and accept preservation
easements, determined by the Commission to be appropriate and acceptable, as follows:
(1) The preservation easements shall be created and conveyed in accordance with the
provisions of IC 32-23-5-1 et seq. ("Act");
(2) The Commission shall receive, accept, administer, monitor and enforce the
preservation easements in accordance with the provisions of the Act and rules and
regulations adopted by the Commission;
(3) The Commission may charge any person granting a preservation easement to the
Commission a filing and administration fee reasonably related to the Commission's costs
of processing, recording and periodically reviewing and monitoring the preservation
easement;
(4) The Commission may enforce the terms and provisions of the documents creating
any preservation easement and may collect from the person or persons against whom such
enforcement is sought the Commission's costs of enforcement, including without
limitation court costs and attorneys' fees, and the document creating any preservation
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easement accepted by the Commission shall provide for the payment of such enforcement
costs;
(5) The Commission may accept a preservation easement only if all persons with an
interest in the subject real property at the time that the easement is granted join in the
grant and conveyance of the easement to the Commission; and
(6) As used in this subsection (m), "preservation easement" means a nonpossessory
interest of the Historic Preservation Commission in real property imposing limitations or
affirmative obligations for the purpose of preserving the historical, architectural,
archeological, or cultural aspects of such real property.
SECTION IV. This Ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
Tim Scott, Council President
Member of the Common Council
Attest:
Karee ah N. Fowler, i Clerk
Offic6 of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the 10 day of 2018, at S: 0
o'clock_CA,m.
ar emah N. Fowl&, C' Clerk
Office of the City Clerk
Approved and signed by me on the 1�day of , 2018, at 2- o'clock
m.
Pete Buttigi or
City of S th Bend, Indiana
.:a nom:,.✓. h/ l 2-01 -7
PUB.L;C HEAiw
rd READING
NOT APPROVED
REFERRED 8
PASSED ► Q
SpUTH 8�
° a=iled in Clerk's Office
U d�
PEACE DEC 0 6 2011
�.> 1865 x KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
CITY OF SOUTH BEND
COMMUNITY INVESTMENT
December 6, 2017
Mr. Tim Scott,President
South Bend Common Council
4t'Floor County-City Building
South Bend, IN 46601
RE: Historic Preservation
Dear President Scott:
This ordinance is the second of two necessary Council actions to provide for a smooth transition
of Historic Preservation Commission(HPQ staff from the County to the City, as planned for in
the 2018 budget and the adopted interlocal agreement with the County. This second ordinance
will make conforming amendments to the zoning provisions related to historic preservation that
match the interlocal agreement and will follow the normal process through the Area Plan
Commission.
As you know,the HPC will continue to operate in service of the residents and property owners of
the City and the County through this staffing transition.The mission of the HPC remains to
identify architecturally or historically significant buildings, structures, sites, and objects;to
promote the protection and preservation of the same in a manner that enhances both human and
economic welfare; and to accommodate development and redevelopment in both the City and
County.
Thank you for your consideration. I, along with representatives from the planning team,will
attend the Committee and Council meetings to address any questions that you may have.
Sincerely,
James Mueller
Executive Director
Department of Community Investment
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
1400S County-City Building 1 227 W.Jefferson Bvld.I South Bend,Indiana 466011 p574.235.9371 I www.southbendin.gov