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Home My WebLink About8363-93 Amending Article 3 of Chapter 6 Development Design Review ORDINANCE No. 8363-93 Passed by the Common Council of the City of South Bend, Indiana March 22, z 93 Attest: City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana March 23, 93 19 City Clerk IRENE K. GAMMON Approved and signed by me a 19 g.3 �`` � — Mayor • ORDINANCE NO. k..962- 93 AN ORDINANCE OF THE COMMON COUNCIL. OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 3 OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE ENTITL "DEVELOPMENT DESIGN REVIEW" STATEMENT OF PURPOSE AND INTENT The. South Bend. Common Council in 1989,. by Ordinance No. 7960-89, designated a certain portion of downtown South Bend, known as the South Bend Central Development. Area, as a Development Design Area. The purpose of this designation was to strengthen the Area as. an attractive place to work, live and shop, and to protect the investment of time., energy, and money made within the Area, by the South. Bend. Redevelopment Commission and the merchants and. other business people located within the Area. The Ordinance provided for the furthering of these goals by the creation of a Redevelopment. Design Review Committee charged with the reviewing and consideration of applications to improve the exterior of buildings and structures. within the Area for compliance. with Development Design. Guidelines to be adopted by the Committee. Since then, the Development Design Review Ordinance has been amended to designate additional redevelopment areas as Development Design. Areas... The Development Design Review procedures and requirements have proven successful., but there is now a desire to facilitate private investment and development within the Development Design. Area by streamlining procedures. in. order to react to plans in a more timely fashion. The Common Council has, therefore, determined that it is in. the best interest of the City and its citizens that the development design review and consideration process be converted to a. staff process and that the Design. Development Review Committee serve as the. appeal body for such staff determinations.. NOW, THEREFORE, BE IT ORDAINED BY THE. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. Section 6-7 .1 of the South Bend Municipal Code shall be, and hereby is, amended as follows: Sec. 6-7.1. Development Design Review Committee. (a) A Development Design Review Committee is established. with the membership, powers, and duties, as set forth in this article.. (b) The Development Design Review Committee shall be composed of nine (9) members as follows: The. Director of the Division of Redevelopment, who shall serve as chairperson; the City Engineer; the City Building Commissioner; the Director of the St. Joseph County Area Plan Commission; and. five ( 5) other members, to be appointed by the South Bend Redevelopment Commission. The five (5) members appointed by the South Bend Redevelopment Commission each shall serve a term of two ( 2) years and shall serve at. the pleasure of the South Bend Redevelopment Commission. The other. four ( 4) members shall. serve while they hold their desi_cmated nuhlic_ offices. Five (a) members shall Redevelopment of the City of South Bend is designated the. Development Design Administrator for purposes_ of carrying out development design review as contemplated herein. The Development Design Administrator shall have the, following powers: ( 1) To review and approve, modify and approve, or disapprove applications for work on any building, structure, or other real property or appurtenances. within a. development design area; provided, however, that such review and action shall..relate solely to. compliance or noncompliance of the proposed work with design guidelines for the specific development design area. adopted by reference at section 6-7. (2) To adept recommend to the Development Design Committee such rules and procedures as are necessary or convenient for carrying out its-peweis-and-ditties the. purposes of this Article. (d) The Development Design Review Committee of the City of South. Bend shall_ adopt such rules and procedures as are necessary to carry out its powers and duties and for carrying out the purposes of this. Article.. SECTION II. Section. 6-7.2 of the South Bend. Municipal_ Code shall be, and. hereby is amended as follows: Sec. 6-7.2. Appeal. Any decision of the. Development Design. Review-eemm ttee Administrator of. the City of South. Bend may be appealed to the Set th-Bend-Redeveiegmerit-eeam slag Development Design. Review Committee. The decision of the South-Bend Redeveiepment-eemmissea Development Design Review Committee shall be the final administrative action for the purpose of judicial review. SECTION I.II. Section 6-8 of the South Bend. Municipal Code.. shall be, and hereby is, amended as follows: Sec.. 6-8. Application_ (a) An application for any permit issued under authority of the. South Bend. Municipal Code shall also be deemed to be an application for Development Design Review under this. Article. by the. Development Design Review-eemmittee Administrator when the site of the proposed work is within a development design area and the proposed work would affect exterior appearance of a property or its appurtenances located within that area. Where no other permit is required, an application for Development Design Review-eemmittee. approval shall be filed with the Building Commissioner on the form to be prescribed by the Development Design Review Committee. (b) Within five (5) working days of receipt of such application, the. Building Commissioner shall forward the application to the Development Design Review-eemmittee Administrator for review and action. (c) The Development Design Review-eemmsittee Administrator shall consider any application and within thirty-448* fifteen ( 151 days of its receipt shall annrove. modify and. • receiving the application shall constitute approval thereof.. (d) The Development Design Review-eemmittee Administrator . shall., forward in writing its his action on the application to the Building Commissioner. (e) The Building Commissioner shal.l not issue a permit for any work which will affect the exterior appearance of property located within a development design area. unless. the. application has been approved by the. Development Design Review-eemmittee Administrator . Where the Development Design Review-eeittee Administrator has modified and approved an application, the Building Commissioner may issue a building permit for the work as modified by the Development Design.. Review-eemmittee Administrator. Sec. 6-8.1 . Modification or deletion of other requirements. Nothing herein shall be deemed to modify or delete any other requirements; of this. Code for any proposed: work within a. development design area. Sec. 6-8.2. Reserved.. SECTION IV. This ordinance shall be in full force and.. effect from and afterr its passage by the Common. Council _ and_ approval. by the Mayor. r Member, S ith Bend Common. Council UTi \\\\ --=1-50 '/'\ ;�t rO iI 1 �I ''�� I el% City of South Bend t Vt;, � i dpi �l1 sA ti, -- ,)I,�.a Joseph E. Kernan, Mayor 11014,0/..:..:,.�_ .ia+' Cl‘ ' 1865 Department of Economic Development Jon.R. Hunt Ann E. Kolata Executive Director Deputy Executive Director March 3, 1993 Mr. Stephen Luecke, President. South Bend Common Council 4th. Floor, County-City Building South. Bend, Indiana 46601 Re: An Ordinance of the Common Council of the. City of South Bend, Indiana Amending Article 3 of Chapter 6. of the South Bend Municipal Code Entitled "Development Design Review" Dear Steve_: I am attaching for filing an ordinance amending Article 3 of Chapter 6 of the South Bend. Municipal Code. The South. Bend Common Council in 1989, by Ordinance No. 7960-89, designated a certain portion of downtown South Bend, known as. the South Bend Central Development Area, as a Development Design Area.. The purpose of this designation was. to strengthen the Area as an. attractive place to work., live and shop, and. to protect the investment of time, energy, and. money made within the Area, by the South. Bend Redevelopment Commission and the merchants and other business people. located. within the Area. The Ordinance provided for the furthering of these goals by the creation of. a Redevelopment Design. Review Committee charged_ with the reviewing and consideration. of applicati onn_ to improve the exterior of buildings cl i ngs and structures within, the Area for compliance with Development. Design Guidelines to be adopted by the Committee.. Since then, the Development Design. Review Ordinance has been amended to designate additional redevelopment areas as Development Design. Areas.. The Development Design Review procedures and. requirements have proven. successful, but there is now a desire to facilitate private investment and development, within the Development Design Area by 1200 County-City Building • South Bend, Indiana 46601 • 219/284-9371 Fax 219/284-9021 Redevelopment Economic Development Housing Rehabilitation Financial & Program Human Rights Planning Ann Kolata & Business Assistance Kathryn Baumgartner Management Cynthia Love-Bush David Roos • 284-9371 Donald Inks 521 Eclipse Place Elizabeth Leonard 284-9355 284-9449 284-9335 284-9475 284-9335 • Mr. Steve Luecke Page Two March 3, 1993 streamlining procedures in order to react to plans in a more timely fashion. Your favorable consideration is respectfully requested. Sincerely, /i , R. HuntaY- yDirector JRH/j1 Attachment ORDIRES4:11XECKE (tntntntttrr itrpnrt go the Town= Mounrtt of the QIttg of#oath rnd: Your Committee of the Whole to whom was referred BILL NO. 17-93 SECOND READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 3 OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "DEVELOPMENT DESIGN REVIEW. " Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Thomas Zakrzewski Chairman FREE PRESS PUBLISHING CO.