HomeMy WebLinkAboutAmending Chapter 21 Addressing Powers & Duties of the Historic Preservation Commission ORDINANCE No. 8141-90
Passed by the Common Council of the City of South Bend,Indiana
November 26, 90
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Attest: Cit y Clerk
IRENE K. GAMMON
Attest: , eoz ,--..r. ,vti%< President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
November 27, 90
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4-t-e-.- 4,--,-, City Clerk
IRENE K. GAMMON
Approved and signed by me December 3
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Mayor
Bill No.
Ordinance No. Rly/-90
AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AMENDING
CHAPTER 21, ARTICLE 6.5, SECTION 21-117.2 OF THE MUNICIPAL
CODE OF THE CITY OF SOUTH BEND ADDRESSING POWERS AND DUTIES
OF THE HISTORIC PRESERVATION COMMISSION.
STATEMENT OF PURPOSE AND INTENT
Regulations addressing historic districts are intended for
the purpose of preserving and protecting the "historic or
architecturally worthy buildings, structures, sites,
monuments, streetscapes, squares, and neighborhoods of the
historic districts. " State law provides that the more
restrictive requirements apply if there is ever a conflict
between regulations addressing zoning districts and historic
districts. Furthermore, state law also authorizes Historic
Preservation Commissions to adopt regulations which would
prevent "development, alteration, or demolition in the
historic district obviously incongruous with the historic
district. "
The following bill would empower the Building Commissioner,
his or her designee and the Department of Code Enforcement
to utilize their powers to require compliance to the higher
standards of local historic districts.
It is believed that this ordinance is in the best interest
of preserving and protecting historic districts within the
City of South Bend.
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 (e) (7)
of the Municipal Code of the City of South Bend, Indiana, is
amended to read as follows:
(e) The Historic Preservation Commission may
petition the Building Commissioner to--rue- Rte
legai-neeits--enftriAreaArehm or his 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 sub-paragraph (f) herein, which are
in accordance with the intent of this article.
SECTION II: This Ordinance shall be in full force and
effect from and after its passage by the Common Council,
Approval by the Mayor, and legal publication.
•
•
AREA PLAN COMMISSION RICHARD S. JOHNSON
OF ST. JOSEPH COUNTY, IN Executive Director
Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571
October 17, 1990
The Honorable Common Council '-'
City of South Bend
County-City Bldg. - 4th Floor
South Bend, IN 46601
RE: A proposed ordinance initiated by Councilman Stephen Luecke amending Chapter
21, Article 6.5, Section 21-117.2 of the Municipal Code of the City of South
Bend addressing powers and duties of the Historic Preservation Commission - APC
#1375-90
Dear Council Members:
The above referenced ordinance of Councilman Stephen Luecke was legally
advertised October 4, 1990 and October 6, 1990. The Area Plan Commission at its
public hearing on October 16, 1990, took the following action:
Upon a motion by Joseph Serge, being seconded by Theodessa Earles and
unanimously carried, the proposed ordinance initiated by Councilman Stephen
Luecke amending Chapter 21, Article 6.5, Section 21-117.2 of the Municipal Code
of the City of South Bend addressing powers and duties of the Historic
Preservation Commission is sent to the Common Council with a favorable
recommendation
The deliberations of the Area Plan Commission and points considered in arriving
at the above decision are shown in the minutes of the public hearing, and will
be forwarded to you at a later date to be made a part of this report .
Attached, for your consideration in the review of this matter, is a copy of the
Area Plan Commission's Staff Report .
Sincerely,
Richard S. Johnson
RSJ:sr
Attachment
CC: Councilman Stephen Luecke
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN
•
STAFF REPORT April 9, 1990
Initiated by Councilman Stephen Luecke 1375-90
City of South Bend
REOUESTED ACTION: This ordinance amends Chapter 21 , Article 6.5, Section
21-117.2 of the South Bend Municipal Code, which addresses the powers and duties
of the Historic Preservation Commission. The Historic Preservation Commission,
in conjunction with the Building Commissioner and the Department of Code
Enforcement , would be empowered to require compliance to the higher local
Historic Preservation District regulations within historic districts in order to
preserve and protect historic structures.
•
historic preservation commission
of south bend and st. joseph county
ROOM 1123 COUNTY CITY BUILDING
south bend, indiana 46601 (219)2849798
May 23 , 1990
Common Council
City of South Bend
4th Floor , County/City Bldg .
South Bend , IN 46601
Honorable Council Members:
The Historic Preservation Commission requests that the
Common Council adopt an amendment to the Commission 's
enabling ordinance which would allow the Commission to
petition the Building Department or the Department of Code
Enforcement to cause the maintenance and/or repair of any
building within a local historic district .
Currently, the Historic Preservation Commission may request
and legally enforce the maintenance of any property
individually designated as a local landmark , but the
Commission does not have such legal powers in local
districts. Each local district had design guidelines and
maintenance requirements which must be followed for all
exterior structural or landscape changes made by the owner
at his discretion. Adopting the above-mentioned amendment
would grant the Commission , in cooperation with the Building
Commissioner and Code Enforcement , the power to bring action
against those owners who purposely allow their properties to
fall into a state of disrepair . The Commission would use
such an amendment to prevent the decay and eminent
demolition of these neglected properties, thus preserving
the integrity of South Bend 's historic districts.
Thank you for your consideration of this amendment .
Sincerely,
John H. Oxian, President
Historic Preservation Commission