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HomeMy WebLinkAboutAmending Supplementing Chapter 21 Zoning OrdinanceORDINANCE No. 5987 -76 Passed by the Common Council of the City of South Bend, June 7 ., 76 Clerk IRENE K. GAMMON of Common Council Presented by me to the Mayor of the City of South Bend, June 8 /) IRENE K. GAMMON Approved and signed by me � Ls— - V. Clerk ORDINANCE N0. j q & -] - 7 6 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE CITY CODE OF SOUTH BEND, INDIANA, 1971, ALSO KNOWN AS ORDINANCE NO. 4990 -68, AS APEWDED, AND GENERALLY M7OWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED BY THE COMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION 1. That Section II. 2. b. of Ordinance No. 5565-73, passed by the Common Council on September 10, 1973, which reads as follows: Acquire or accept through purchase, gift, grant, lease, legacy, bequest, or endovrment any real estate, interests in real estate, personal property, or monies for the purpose of historic preservation and, further, to hold, restore, manage, use, sell, lease, rent, or otherwise dis- pose of such property in accordance with the intent of this Ordinance, provided, however, that conditional gifts requiring the expenditure of public funds or the undertaking of contractural obligations involving the City of South Bend, shall require the approval of the Common Council. Further- more, all gifts of personal or real property must be approved by the Common Council of the City of South Bend before delivery of the personal property or acceptance of the deed for the real property. Furthermore, all expenditures of money, regardless of the source of the money, must receive prior approval of the Council before any commitment or expenditure is incurred. is hereby deleted and repealed. SECTION 2. That Section II. 2. e. of Ordinance No. 5565 -73, passed by the Common Council on September 10, 1973, is amended to read as follows: e. Establish reasonable and just standards for keeping with the intent and purpose of this Ordinance, and such standards shall be applicable only to exterior features. SECTION 3. That Section III. of Ordinance Po. 5565 -73, passed by the Common Council on September 10, 1973, is amended to read as folloo:s: That Chapter 21 of the City Code of South Bend, Indiana, 1971, be further amended by adding thereto Article 2, Division 12, which shall also be knovrn as Section 7 -A of Ordinance No. 4990 -63, as amended.: HP" Historic Preservation District All uses permitted in the zoning district which -the "HP " -- Historic Preservation District overlays shall be permitted subject to terms, conditions and standards in that zoning district. Provided, however, that such permitted_ uses shall be subject to the provisions of Ordinance --o. 5565 -73, as amended and supplemented, which Ordinance concerns itself With historic preser- vation and enhar_cement. SECTIa" 4. This Ordinance shall be in full force and effect- from and after its enactment, approval by the Idayor and _le �'al publication. Member of the Common Council - 2 - COMMISSION TH COUNTY, IN Room 1140 County -City Building The Honorable Common Council City of South Bend County -City Building South Bend, IN 46601 7 RICHARD S. JOHNSON Executive Director South Bend, Indiana 46691 (219) 284 -9571 May 19, 1976 In Re: A proposed ordinance initiated by Roger Parent, a City Councilman, amending Ordinance No. 5565 -73 (Historic Preservation Commission), which amends zoning Ordinance No. 4990 -68, City of South Bend Gentlemen: The attached ordinance initiated by Roger Parent was legally advertised May 8, 1976 and May 15, 1976. The Area Plan Commission gave it a public hearing on May 18, 1976 at which time the following action was taken: "Upon a motion by June Stratton, being seconded by Russell Rothermel, and unanimously carried, the ordinance initiated by Roger Parent, a City Council- man, amending Ordinance No. 5565 -73, (Historic Preservation Commission), which amends Zoning Ordinance No. 4990 -68, St. Joseph County, is returned to the City Council with a favorable recommendation, by the APC." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in 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 Staff Report. Very truly yours, Richard S. Johnson, Executive Director RSJ /bsj attach. cc: Historic Preservation Commission Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN STAFF REPORT Proposed Amendment of the Historic Preservation Ordinance Summary of the Proposed Amendment Section 1. It has been determined that the Historic Preservation Commission is not legally empowered to acquire or own property, either real or personal, and Section 1 deletes this from the Commission's powers and duties as outlined in the existing Zoning Ordinance. Section 2. Section 2 is a point of clarification: by definition, _the term "historic landmarks" includes Historic Preservation Districts, and Section 2 of the proposed amendment more clearly states this. Section 3. Section 3 proposes establishing the HP Historic Preserva- tion District as an "overlay" district, rather than as a conventional "use" district. Under the existing Zoning Ordinance, the uses permitted in the HP District include: historic landmarks, accessory buildings, structures and uses, and complementary uses such as antique shops, restaurants, museums, art galleries, or offices. Some of these uses are incompatible in certain zoning districts, e.g. commercial uses in a residential district. The overlay approach provides a means of alleviating the problem. Under the proposed amendment, those uses normally permitted in the zoning district or districts which the HP District overlays continue to be permitted, subject to the provisions of that zoning district. In addition to these, the standards which the Historic Preservation Commission shall have adopted as an element of the Historic Preservation Plan at the time of the area's designation by the legislative body as an HP District would also apply. General Comment The Historic Preservation Commission has been in operation now for two years and has been contemplating the proposed amend- ment for some time as a means of clarifying the Commission's relationship to zoning in general and more particularly, to land use. The preservation of historic landmarks calls for a special - purpose zoning classification, much like the protection and management of flood plains. The overlay approach has proven more workable than the more conventional zoning district classifications in accomplishing both of these objectives.