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HomeMy WebLinkAboutAmending Article 6.5 of Chapter 21 Historic Preservation • i t A ORDINANCE No. 8002 89 Passed by the Common Council of the City of South Bend,Indiana. August 14, 19-8-9 Attest: Cit y Clerk IRENE K. GAMMON Attest: .414/ ____ / President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana _ August 15, z9-89 e-- City Clerk IRENE K. GAMMON Approved and signed by me August 18 �9 8 9 Mayor • I Substitute Bill No. 37-89 Ordinance No. g0001-E AN ORDINANCE AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, deems it necessary, in order to conserve the value of property in the City and that the public health, safety, comfort, convenience, morals and general welfare may be otherwise permitted in accordance with a well considered and comprehensive plan for the use and development of all property throughout the City to enact certain amendments to Article 6.5 of Chapter 1. The following procedure is recommended for consideration of any proposal to repeal, alter or modify an established Historic Preservation District. 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) , of the Municipal Code of the City of South Bend, Indiana, shall be amended to read as follows: The Historic Preservation Commission shall have the following powers and duties: * * * (d) Survey, identify, plan for and advise the Common Council and the Area Plan Commission concerning the designation of historic landmarks and the establishment of Historic Preservation Districts. 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 established by the Common Council through the passage of an ordinance. Said ordinance shall be initiated in the usual manner: By a member of 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. If any proposed ordinance is introduced to the Common Council for the purpose of creating a new district or landmark, or repealing, altering, or modifying an established Historic Preservation District or an historic landmark, then prior to referral to the Area Plan Commission, the proposed ordinance shall be v...��vv...7 L.‘s wi Ck"nl 4 n t t • 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. * SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor and publication of any required notice. Memb r of Common Council 1st READING 5-44C( PV4IC HEARING g- 3 �y—�� rd 'READING $ I S NOT APPROVED REFERRED PASSED "-Pi"-8 9 aco a/h tic e4.40 . 1 1:12 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 June 21-, 1989 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance of Councilman Stephen Luecke describing powers and duties Of the Historic Preservation Commission - APC *1259-89 Gentlemen: The above referenced ordinance of Councilman Stephen Luecke was legally advertised June 8, 1989 and June 10, 1989. The Area Plan Commission gave it a public hearing on June 20, 1989, at which time the following action was taken: Upon a motion by Joseph Serge, being seconded by Ed Pollock and unanimously carried, the proposed ordinance of Councilman Stephen Luecke describing powers and duties of the Historic Preservation Commission, as amended, is sent to the Common Council with a favorable recommendation. In the Commission's opinion, the Historic Preservation Commission should be involved in modifications to historic districts or landmarks. 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, J Richard . Johnson RSJ:sr Attachment CC: Councilman Stephen Luecke Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN w C 1 1 STAFF REPORT June 12, 1989 Councilman Stephen Luecke 1259-89 City of South Bend REQUESTED ACTION: The purpose of this petition is to provide a procedure to repeal , alter, or modify an historic preservation district. The petition will require the Historic Preservation Commission to hold a public hearing on any proposed modification and deliver a favorable or unfavorable recommendation to the Common Council before it is referred to the Area Plan Commission.