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HomeMy WebLinkAboutAmending Chapter 21 Generally known as the Zoning Ordinance Duties of the Historic Preservation CommissionORDINANCE No. 6050 -76 Passed by the Common Council of the City of South Bend, Indiana October 11 �9 76 IRENE K. GAMMON Presented by me to the Mayor�of the City of South Bend, Indiana Clerk Of Common Council Clerk IRENE K. GAMMON Approved and signed by me C9 �*'•J... , / t` I � g ORDINANCE NO. AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE CITY CODE OF SOUTH BEND, INDIANA, 1971, ALSO KNOWN AS ORDINANCE NO. 4990 -68, AS AMENDED, AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED RELATIVE TO THE POWERS AND DUTIES OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY WHEREAS, Article 6.5 Sec. 21 -117.2 (e) (6) of the City Code of South Bend, Indiana, 1971, Supplement No. 1 -76, also known as Section II.2.d. (6) of Amendment No. 5565 -73 to Ordinance No. 4990 -68 provides that within an HP- Historic Preservation District the Historic Preservation Commission may petition the Legislative Body for a temporary delay, not to exceed one year, on proposed construction, reconstruction, alteration, demolition, or moving of a structure for the purpose of preparing a preservation plan for said structure; and WHEREAS, such provision should be applicable to designated historic landmarks located other than in HP Districts, as well; now, therefore, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section I. That Article 6.5 Sec. 21- 117.2. (e) (6) of the City Code of South Bend, Indiana, 1971, Supplement No. 1 -76, also known as Section II.2.d. (6) of Amendment No. 5565 -73 to Ordinance No. 4990 -68 be deleted in its entirety and be rewritten as Article 6.5 Sec. 21- 117.2. (j) of the City Code of South Bend, Indiana, 1971, Supplement No. 1 -76, also to be known as Section II.2.i. which shall read as follows: Article 6.5 Sec. 21- 117.2. (j) (Section 2.2.i.) Where the Historic Preservation Commission deems it necessary, the Commission may petition the Legislative Body for a temporary delay on pro- posed construction, reconstruction, alteration, demolition, or moving of a designated historic landmark for the purpose of preparing a preser- vation plan for said landmark. Such request shall be for a specified period of time, and in no case shall the request exceed one year. The Legislative Body shall grant the Commission's request when it finds: That such action will not cause the owner of the subject property to suffer hardship; That such delay will not be injurious to the public health, safety, or welfare; and That in keeping with the intent of this Ordinance, such action is necessary and appropriate. Section II. That this Ordinance shall be in full force and effect from and after its enactment, approval by the Mayor, and legal publication. 4e of the C ommon ouncil - 2 - Pi to III ff REA PLAN COMMISSION F ST. JOSEPH COUNTY, IN �6 RICHARD S. JOHNSON Executive Director Room 1140 County -City Building South Bend, Indiana 46601 (219) 284.9571 September 22, 1976 The Honorable Common Council City of South Bend County -City Building South Bend, IN 46601 In Re: A proposed ordinance initiated by Richard Dombrowski, a City Councilman, to amend Ordinance No. 5565 -73, amendment to zoning Ordinance No. 4990 -68, relative to Historic Preservation, City of South Bend Gentlemen: The attached ordinance initiated by Richard Dombrowski, a City Councilman, was legally advertised on September 11, 1976. The Area Plan Commission gave it a public hearing on September 21, 1976, at which time the following action was taken: "Upon a motion by Russell Rothermel, being seconded by Joseph Serge and unanimously carried, the petition initiated by Richard Dombrowski, a City Councilman, to amend Ordinance No. 5565 -73, amendment to zoning Ordinance No. 4990 -68, relative to Historic Preser- vation, City of South Bend, is returned to the Common Council with a favorable recommendation, by the Area Plan Commission." 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. FILED IN CLERK'S OFFICE RSJ /bsj Irma (;ammon attach, CITY CLERK, SOUTH BEND, IND. Very truly yours, Richard Johnson, Executive Director cc:j Historic Preservation Commission Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, /N STAFF REPORT 8/18/76 PROPOSED AMENDMENT OF THE HISTORIC PRESERVATION ORDINANCE Summary of the Proposed Amendment The Historic Preservation Ordinance (Ordinance No. 5565 -73, amending the Zoning Ordinance of the City of South Bend, and Amendment No. 154A -1973 amending the St. Joseph County Zoning Ordinance) provides that within HP Historic Preservation Districts, the Historic Preservation Commission may, where the Commission deems it necessary, petition the Legislative Body for a moratorium on proposed construction, reconstruction, alteration, demolition, or moving of a designated historic landmark. The purpose of such a delay is to allow the Commission •.the time in which to prepare a plan for the landmark and /or the HP District in which it is located. a, The Legislative Body may approve the Commission's petition for a specified period of time, not to exceed one year, in accordance ..i• with the standards set forth in the Zoning Ordinance. The proposed amendment,_ Mkes this provision applicable to designated historic landmarks located other than in HP Districts. General Comment The moratorium issue was raised when the Historic Preservation Comission proposed extending the moratorium to a period of five years. Recognizing the possible ramifications of such a provision, the Commission requested that the proposed amendment be withdrawn. In the course of discussion surrounding the issue, it was brought to the Commission's attention that the existing provision is applicable only to designated historic landmarks located within HP Historic Preservation Districts. As a result of the completion of a survey of St. Joseph County, the Commission has proposed that a number of structures be designated as historic landmatks by the County Council. In order to provide some measure of protection to these structures, it has become apparent that the moratorium provision should be applicable to designated historic landmarks located other than in HP Historic Preservation Districts. A similar need may arise in the City of South Bend as well, and the proposed amendments amends both the County and City Zoning Ordinances.