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HomeMy WebLinkAboutAmending Chapter 21 City Code Relztive to Historic PreservationORDINANCE No. 5565 -73 Passed by the Common Council of the City of South Bend, SEPTEMBER 10, x9-73_ Attest; 3) /, 0 7. - City Clerk IRENE K. GAMMON /1 Presented by me to the Mayor of the City of South Bend, Approved and signed by SEPTEMBER 11, 191 IRENE K. of Common Council Clerk ORDINANCE NO. 5565 -73 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, BY ADDING PROVISIONS RELATIVE TO HISTORIC PRESERVATION. WHEREAS, the Common Council of the City of South Bend declares that the research, protection, maintenance, restoration, rehabilitation, reconstruction, or development of historic landmarks is in the public interest; and WHEREAS, it is the intent of this amendment to implement a comprehensive program of historic preservation by the appointment of an Historic Preservation Commission in accordance with the provisions set forth below, now therefore; BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section I. That Section 21 -1 of the City Code of South Bend, Indiana, 1971, also known as Section 1 of Ordinance No. 4990 -68, as amended, be amended by adding thereto the following definitions: County: St. Joseph County, Indiana. Exterior features: the arrangement and general design of a building, structure, or use, including the architectural style, scale, or form, architectural details, such as windows, doors, light fixtures, fences, walls, steps, or other appurtenances, the color, type or texture of building materials, signs, natural features, such as trees, rocks, or rock formations, or bodies of water. Historic landmark: a building, structure, object, district, land use, area, or site of historical significance and designated as an historic landmark on the Historic Preservation Plan. Historic preservation: the research, protection, maintenance, restoration, rehabilitation, reconstruction, or development of historic landmarks. For purposes of this Ordinance, this definition shall apply to the preservation of exterior features only. Historic Preservation Commission: the Historic Preservation Commission established under the provisions of this Ordinance. Historic Preservation Plan: a comprehensive plan, including maps, surveys, or studies, prepared by the Historic Preservation Commission for the preservation of an historic landmark and subsequently approved by the Area Plan Commission and officially adopted by the Common Council of the City of South Bend. Neighborhood Development Committee: an advisory committee to the Historic Preservation Commission established under the provisions of this Ordinance. Section II. That Chapter 21 of the City Code of South Bend, Indiana, 1971, be further amended by adding thereto Article 6 -A, which shall also be known as Section 18 -A of Ordinance No. 4990 -68, as amended: -2- Historic Preservation Commission There is hereby established an Historic Preservation Commission with the membership and powers and duties as set forth in this Ordinance. 1. Membership a. Not later than 30 days after the effective date of this Ordinance, a non - partisan Historic Preservation Commission of nine (9) members shall be appointed, all of whom shall be interested and knowledgeable in historic preservation in the local area. The membership shall be appointed as follows: The Mayor and the Common Council of the City of South Bend and the Council and Board of Commissioners of St. Joseph County shall each appoint two (2) at- large members, designating not more than one (1) member from any major political party and giving consideration to persons residing in areas having historic significance; and The eight (8) members appointed above shall in turn appoint the ninth member, who shall be an architectural historian. b. The members of the Historic Preservation Commission shall serve without compensation for terms of three (3) years, provided, however, that the initial appointments shall be made for staggered terms, as follows: The Mayor and the Common Council of the City of South Bend and the Council and the Board of Commissioners of St. Joseph County shall each make one (1) appointment for a term of one (1) year and one (1) appointment for a term of two (2) years; and The ninth member shall be appointed for a term of three years. C. If a vacancy occurs by resignation or otherwise, the unexpired term shall be filled within 30 days of such vacancy by the appropriate appointing body. 2. Powers and Duties The Historic Preservation Commission shall have the following powers and duties: a. Adopt by -laws for carrying out the powers and duties set forth in this section. b. Acquire or accept through purchase, gift, grant, lease, legacy, bequest, or endowment 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 under - taking of contractual obligations involving the City of South Bend, shall require the approval of the Common Council. Furthermore, all gifts of personal or real -3- 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. The Commission shall also prepare and submit for approval an annual budget which the Common Council must approve or deny. All personnel hired by the Commission on a full -time or part -time basis shall be approved by the Common Council. The Commission shall hold at least four (4) advertised public hearings to provide the public with an opportunity of becoming aware of Commission business and to make their views known. c. 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 recommend the designation and the establishment of Districts on the basis of significance, educational for preservation. Commission shall of historic landmarks 3istoric Preservation historical and cultural value, and suitability 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 50 percent or more of the subject area; or by the Area Plan Commission. d. Within "HP" Historic Preservation Districts, 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 construc- tion, reconstruction, alteration, demolition, or moving of any exterior feature of any building, structure, or use. This provision shall be in force on the effective date of this Ordinance. Certificates of Appro- priateness shall be issued in accordance with the stipulations of this Ordinance. (2) Nothing in this Ordinance 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, altera- tion, demolition, or moving of any building, structure, or use which the Building Commissioner or other official having such power may certify as required by the public safety because of an unsafe or dangerous condition. -4- (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. (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 application shall include the following informa- tion: Name, address, and telephone number of the applicant; Location of the subject building, structure, or use; Structural drawings and specifications, floor plans, elevations, cross sectional plans, renderings, diagrams, or other such plans; Landscaping plans; Samples of materials to be used, including colors; Where the proposed change includes a sign, a scale drawing showing the location of the sign on the structure or property, the type of lettering, and the method of illu- mination; and Other such information as the Historic Preservation Commission may require under the provisions of this Ordinance. (5) The Historic Preservation Commission shall consider the application within 30 days following receipt of the application, and shall either: Issue a Certificate of Appropriateness stating that the proposed construction, reconstruction, alteration, demolition, or moving is in conformance with the provisions of this Ordinance and author- izing the Building Commissioner to issue a Building Permit, Demolition Permit, Sign Permit, or Moving Permit if required; or Deny the application, stating in writing the reason(s) for such denial. Upon such denial, applicant may appeal said denial to the Common Council which shall make a final determination of the application. -5- Failure of the Historic Preservation Commission to take such action within 45 days shall constitute approval of the application. In making such determination, the Historic Preservation Commission shall consider the following: Appropriateness of the proposed construction, reconstruction, alteration, demolition, or moving to the preservation of the historic landmark, specifically, and /or the Historic Preservation District, generally; The detriment to the public welfare if the proposed construction, recon- struction, alteration, demolition, or moving is permitted even though it is not deemed appropriate; and The potential hardship that the denial of a Certificate of Appro- priateness would cause the applicant. (6) Where the Historic Preservation Commission deems it necessary, the Commission may petition the Common Council for a temporary delay on proposed construction, reconstruction, alteration, demoli- tion, or moving, for the purpose of preparing an historic preservation plan for the historic land- mark and /or the district in which it is located. Such request shall be for a specified period of time, and in no case shall the request exceed one year. The Common Council shall grant said 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. (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 accordance with the intent of this Ordinance. (8) Within each of the Historic Preservation Districts established in accordance with the provisions of this Ordinance, the Historic Preservation Commission shall establish Neighborhood Development Committees to advise the Historic Preservation Commission in matters relative to the district which the Committee represents. e. Establish reasonable and just standards for the preservation of historic landmarks, including architectural treatment, site development requirements, and maintenance provisions, provided that: The Historic Preservation Commission shall adopt only those standards necessary for the purpose of preventing anything that is not in keeping with the intent of this Ordinance; and Such standards shall be applicable only to the exterior features of historic landmarks. f. Develop historic preservation plans for historic landmarks and districts and, together with other public or private agencies or officials, assist in the administration and implementation of such plans. g. Promote public interest in historic preservation by initiating and carrying on a public relations and community education program. h. Advise and assist owners of historic landmarks in the preservation of those landmarks. Section III. That Chapter 21 of the City Code of South Bend, Indiana, 171 be further amended by adding thereto Article 2, Division 12, which shall also be known as Section 7 -A of Ordinance No. 4990 -68, as amended: "HP" Historic Preservation District In the "HP" Historic Preservation District, buildings and premises may be used and buildings may be erected or structurally altered for the following uses only: a. Historic landmarks b. Accessory buildings, structures, and uses C. Uses complementary to the Historic Preservation District(s) such as: antique shops, restaurants, museums, art galleries, residential uses, or offices, subject to approval by the Historic Preservation Commission. Section IV. This Ordinance shall be in full force and effect from and after its enactment, approval by the Mayor and legal publication. —1- C' Member of the Co n C i Passed September 10, 1973, as amended. CITY OF SOUTH BEND South Bend, Indiana 46601 Jerry J. Miller Mayor Ms. Irene Gammon City Clerk 4th Floor County -City Building South Bend, Indiana Dear Ms. Gammon: September 17, 1973 Re: Ordinance No. 5565 -73 Historical Preservation I have signed and approved the Historical Preservation Ordinance and this letter transmits the signed Ordinance to the City Clerk. It is legally effective as of the date of my signature. I do have reservations about Paragraph 2b which reserves certain fiscal responsibility for the City Council. I think the City Council and the County Commissioners should appoint a joint committee to draft an amendment that would reserve for the appropriate body the minimum control that is necessary. For example, the County may desire the Commission to obtain their approval before the Commission: 1. Accepts a gift of a home in the County, or 2. Commits to a contract in excess of $5, 000. Furthermore, the Commission should be required to submit a budget for the moneys to be spent on the preservation of buildings in the County and /or the City, reserving to each Legislative Body the budget approval for their respective responsibility. This joint committee could work out an amendment agreeable to the City and the County, and each Legislative Body could then pass the new amendment. I believe the Commission should have the sole authority to hire personnel without subsequent approval by either the City or the County. AMENDMENTS TO ORDINANCE MADE IN COMMITTEE OF THE WHOLE PORTION OF THE MEETING: Section II, 1. Membership to read as follows: a. Not later than 30 days after the effective date of this Ordinance, a non - partisan Historic Preservation Commission of nine (9) members shall be appointed, all of whom shall be interested and knowledgeable in his- toric preservation in the local area. The membership shall be appointed as follows: The Mayor and the Common Council of the City of South Bend and the Council and Board of Commissioners of St. Joseph County shall each appoint two (2) at -large members, designating not more than one (1) member from any major political party and giving consideration to persons residing in areas having historic significance; and The eight (8) members appointed above shall in turn appoint the ninth member, who shall be an architectural historian. b. The members of the Historic Preservation Commission shall serve without compensation for terms of three (3) years, provided, however, that the initial appointments shall be made for staggered terms, as follows: The Mayor and the Common Council of the City of South Bend and the Council and the Board of Commissioners of St. Joseph County shall each make one (1) appointment for a term of one (1) year and one (1) appointment for a term of two (2) years; and The ninth member shall be appointed for a term of three (3) years. C. If a vacancy occurs by resignation or otherwise, the unexpired term shall be filled within 30 days of such vacancy by the appropriate appointing body. Delete the word "architectural" as it relates to renderings on appli- cations under Section II, 2. Powers and Duties, paragraph d (4). Delete the number "90" as it relates to failure of the commission to take action under Section II, 2. Powers and Duties, paragraph d (5) and insert, in its place, the number "45 ". Delete the word "extreme" as it relates to hardship under Section II, 2. Powers and Duties, paragraph d (6). AMENDMENTS TO ORDINANCE MADE IN THE COMMON COUNCIL PORTION OF THE MEETING: Under Section II, 2. Powers and Duties, insert the following after paragraph b: Furthermore, 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. The Commission shall also prepare and submit for approval an annual budget which the Common Council must approve or deny. All personnel hired by the Commission on a full -time or part -time basis shall be approved by the Common Council. The Commission shall hold at least four (4) advertised public hearings to provide the public with an opportunity of becoming aware of Commission business and to make their views known. Under Section II, 2. Powers and Duties, insert the following after the third paragraph in paragraph d (5): Upon such denial, applicant may appeal said denial to the Common Council which shall make a final determination of the application. OFFICE OF THE MAYOR SOUTH BEND, INDIANA Ms. Irene Gammon Page 2 September 17, 1973 It is my hope that the City and County can demonstrate that it is possible to cooperate in a mutual effort to preserve the fine historical elements of our community. Sincerely,� h. Miller cc: Common Council Members County Commissioners AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IND. The Honorable Common Council City of South Bend City- County Building South Bend, Indiana 46601 HOWARD DELLINGER, EXECUTIVE DIRECTOR ROOM 1219 COUNTS -CITY DUILDING 227 W. JEFFERSON BLVD., SOUTH BEND, INDIANA 48901 (219) 284 -9541 April 18, 1973 In Re: 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, by adding provisions relative to historic preservation Gentlemen: The attached Amendment to the Zoning Ordinance was given a public hearing by the Area Plan Commission April 17 1973 after being advertised April 7, and April 14, 1973. At that public hearing, the following action was taken: "A motion by Dwight Miller was seconded by Robert Lehman and unanimously carried favorably recommending the Historic Preservation Amend- ment to the Zoning Ordinance, to the Common Council of the City of South Bend." "The Area Plan Commission wishes to go on record that this Historic Preservation Amendment has been considered by the Plan Commission with respect to the planning, police powers and policy aspects only and the Common Council might want to consider the financial responsibility and con- demnation considerations as the Plan Commission did not deal with these factors." The deliberations of the points considered in arriving at shown in excerpts of the minutes you at a later date to be made a HB:lari Area Plan Commission and the above decision are which will be forwarded to part of this report. VerY Yours, , Howard Bellinger, Executive Director Tommitfee r#►ur 010 09 (IIomm u (IIounrd of H1e Tuy of *out# 1grud: Your Committee of the Whole to whom was referred 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, BY ADDING PROVISIONS RELATIVE TO HISTORIC PRESERVA- TION. Respectfully report that they have examined the matter and that in their opinion the Ordinance Should go to the Council as favorable, as amended on the attached sheets. Odell Newburn Chairman PI1H[ !P [!6 lU9LIONINO CO.