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HomeMy WebLinkAboutAmending Chapter 21 Historic Preservation CommissionORDINANCE No. 71o7 -82 Passed by the Common Council of the City of South Bend, 11 , 19 82 � / /J/ / /'f� IRENE K. GAMMON C ' ac �--_'_ n. Presented by me to the Mayor of the City of South Bend, Approved and signed by me October 12 �9 82 I Clerk of Common Council IRENE K. GAMMON Clerk ORDINANCE NO. 716 -O Q AN ORDINANCE AMENDING SOUTH BEND MUNICIPAL CODE CHAPTER 21, ARTICLE 6.5, ENTITLED HISTORIC PRESERVATION COMMISSION STATEMENT OF PURPOSE AND INTENT: In the operation of the Historic Preservation Commission, pursuant to the current code provisions for that operation, certain changes and addi- tional provisions have become necessary for the effective and efficient oper- ation of that Commission. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF SOUTH BEND THAT: SECTION I. Chapter 21 of Article 6.5 of the Municipal Code of the City of South Bend, Indiana, shall be amended as follows: A. Section 21- 11T'I(b) shall be amended by the addition thereto of the following new sub - section (4): (4) Whenever a Commissioner fails to attend four (4) consecu- tive, regularly scheduled meetings, the Historic Preservation Com- mission may determine the position to be vacant and certify to the appropriate appointing body that the position is vacant and the appropriate appointing body shall, within thirt—y-C-30T days after re- ceipt of notice from the Commission, appoint another and different Commissioner for the remainder of the term. B. Section 21- 117.2(b) shall be deleted in its entirety. C. Section 21- 117.2(e) shall be amended to read as follows: (e) Within ''HP'' historic preservation districts, or as to Historic Landmarks, the Historic Preservation Commission shall have the following powers and duties: (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. This- proeisrert- shat- i- be -in- force- art - the - effective- date -of Ordinance -Ne 7- 5565 7337 Certificates of appropriateness shall be issued in accordance with the stipulations of this article. (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 Commis- sioner 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 essary, the Commission may petition the C porary delay in the issuance of the requi construction, reconstruction, alteration, designated Historic Landmark for the purp vation plan for said Landmark. Such yeti period of time. The tition when it finds a. That such action wil subiect orooerty to Commission ommon Counc red permit demolition ose of prep tion shall deems it nec- 1 for a tem- for proposed or moving of a ring a preser- e for a specif ommission's Pe the owner of the ship: 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 continuance of any such delay granted by the Common Council in ac- cordance 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 approval - prior -to- the - issuance -of -a- permit action pursuant to Section 21- 117.2(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, dia- grams or other such plans; d. Samples of materials to be used, including colors; e. Where the proposed change includes a sign, a scale drawing showing the location of the sign on the struc- ture 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 thirty (30) 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 pro- visions of this article and antherizing authorize and direct the Building Commissioner to issue a building perm t, 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. Fail- ure of the Historic Preservation Commission to take such action within forty -five (45) 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: Appropriateness of the proposed construction, recon- struction, alteration, demolition or moving to the preservation of the historic landmark, specifically -2- and /or the Historic Preservation District, generally; 2. The detriment to the public welfare if the proposed construction, reconstruction, altera- tion, demolition or moving is permitted even though it is not deemed appropriate; and 3• 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 to use the legal means available to him to cause the maintenance and /or repair of any historic landmark in accor- dance with the intent of Ordinance -No -- 5565 -i3 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 De- velopment Committees to advise the Historic Preservation Commission in matters relative to the district which the Committee represents. D. Section 21- 117.2(f) shall be amended to read as follows: (f) Establish reasonable and just standards for the preser- vation of Historic Landmarks and Historic Preservation Districts, including architectural treatment, site development requirements, and provisions concerning construction, reconstruction, alteration, demolition or removal of any building or structure, or parts thereof. Provided however, that no- standards- shai } -be- adopted- that- are - not -in keeping -with- the - intent- and- parpase -e €- this - art }e }e; - and- saeh -stan- dards- sha } } -be- app} ieab }e- on }q- te- exterier- €eatares. (1) The Historic Preservation Commission may adopt only those standards necessary to prevent such construc- tion. reconstruction. alteration. demolition. or ntent of this article: an (2) Such standards shall be applicable only to the exterior features of Historic Landmarks and of buildings or structures within Historic Preservation Districts. E. Section 21 -117.2 shall be amended by the deletion in its entirety of existing sub - section (j) and by the addition thereto of the following new sub - sections (j) and (k): (j) Accept 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 pro- vided by Article 9 of this Chapter. SECTION ll: 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. Passed, as amended, October 11, 1982 Member of the Common Council -3- Tmm utrr Irport Wo the (Oommnn Monnrtl of the (Otto of SoW4 Mend: Your Committee OF THE WHOLE to whom was referred BILL NO. 50 -82 A BILL AMENDING SOUTH BEND MUNICIPAL CODE CHAPTER 21, ARTICLE 6.5, ENTITLED HISTORIC PRESERVATION COMMISSION. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE, as amended: By substitutio:i of a new bill reel .eeu + .neu........ JOHN VOORDE Chairman "AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN Room 1140 County -City Building June 16, 1982 The Honorable Common Council City of South Bend County -City Bldg. - 4th Floor South Bend, IN 46601 South Bend, Indiana 46601 RICHARD S. JOHNSON Executive Director (219) 284 -9571 RE: An ordinance initiated by Councilman Lewis McGann amending the Historic Preservation Commission Sections of the Zoning Ordinance for the City of South Bend Gentlemen: The attached petition initiated by Councilman Lewis McGann was legally advertised June 5, 1982. The Area Plan Commission gave it a public hearing on June 15, 1982, at which time the following action was taken: Upon a motion by Dean Speicher, being seconded by Robert Lehman and unanimously carried, the ordinance initiated by Councilman Lewis McGann amending the Historic Preservation Commission Sections of the Zoning Ordinance for the City of South Bend is tabled for one month. 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 Executive Director RSJ /sr Attachment CC: Councilman Lewis McGann Mr. Kevin Butler Historic Preservation Commission Serving: South Bend, Lakeville, New Carlisle, North liberty, Roseland & St. Joseph, County, /N 1:16�ii77[ •: �� �uu •� - •: This proposed Ordinance amends portions of Article 6.5 of the South Bend Zoning Ordinance, which pertains to the Historic Preservation Commission. Besides amending portions of this Article for purposes of clarity, new provisions have been added which include: 1. Replacing members of the Historic Preservation Commission who are not attending meetings. 2. Extending the powers and duties of the Historic Preservation Commission to Historical Landmarks as well as historic preservation districts. 3. Allowing the Historic Preservation Commission to accept money for the purposes of historical preservation. 4. Providing a penalty clause for violating the provisions of this Article, including new penalty fees which are substantially higher than those relating to the rest of the Zoning Ordinance. 5. Allowing the Historic Preservation Commission to institute injunction procedures to require compliance with this Article, or "to prevent, enjoin, abate or remove any violations under this Article ", if injunction procedures are not Instituted by the City Attorney.