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Home My WebLink AboutAmend Chapter, Article 6.5, to provide a fee schedule for issuance of certificates of appropriatenessORDINANCE No. 9193-01 Passed by the Common Coiurcil of the City of South Bend, Indiana February 12, Attest: Attest:. Presented by me to the Mayor of the City of South Bend, Indiana Februat~%13T 20 _Q1 LORETTA J. D Approved and signed by sne February 14, 20 0l Ciry Clerk President of Common Corcncil Ciry Clerk Mayor 20 01 ORDINANCE NO. 1 ~ 1 ~ ~~ ` AN ORDINANCE AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE A FEE SCHEDULE FOR ISSUANCE OF CERTIFICATES OF APPROPRIATENESS STATEMENT OF PURPOSE AND INTENT Among the powers of the Historic Preservation Commission of South Bend and St. Joseph County (HPC) is to issue a certificate of appropriateness to an owner of a historic landmark or of property in a historic district whenever the owner desires to construct, reconstruct, alter, move, or demolish the exterior feature of any building, structure, or use. (South Bend Municipal Code § 21-117.2 (e) (1). Issuance of a certificate of appropriateness involves cost, time, and expense to the HPC in that at least one site inspection of the property is required. If the work proposed by the owner is not in-kind or if it is problematic, and requires full HPC approval, then additional work is necessary, including preparation of a report and retrieval of historic data concerning the structure in question. At this time the South Bend Municipal Code contains no reference to fees for certificates of appropriateness and this Ordinance will enable the HPC to formally adopt a fee schedule for certificates of appropriateness to owners of historic landmarks and property within a historic 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 (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: T-the construction, reconstruction, alteration, demolition or moving of any exterior feature of any building, structure, or use Certificates of appropriateness shall be issued in accordance with the stipulations of this article- and the submission of a certificate of appropriateness shall be accompanied by fees as prescribed by the Historic Preservation Commission. A listing of such fees shall be kept on file in the Office of the Historic Preservation Commission and the City Clerk's Office. Such listing shall be kept current and shall be available for public inspection durin>? regular business hours of said offices. 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. ~Q e Member of the Common C ncil lZ_~g,oo `` t sr READING ~ 0.S Sa~S~~-*~R.~ -~" ~~~~ PUBLIC HEARING ~L'\Z- ~ b ,~~~~~ 3rd READING Z'\Z-~\ 0.~ S U_ S -~ ,~Q, NOT APPROVED ~ ~ _ Q 0 REFERRED A'~' l1'' PASSEfl 'L - 1'L-~\ 0.S Sub S~'t'~,~ V~ ~-~ '~ ~"^~`~ ~' _,_..m._._.__. _ _- , ~°, ~~ ~. k E _ C4 f 1~i~4~i 4 'eo vrl. eF:::t.~~ e:~~~ t COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 132-00 A BILL AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE A FEE SCHEDULE FOR ISSUANCE OF CERTIFICATES OF APPROPRIATENESS Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted and amended as follows: A listing of such fees shall be kept on file in the Office of the Historic Preservation Commission and the City Clerk's Office. Such listing shall be kept current and shall be available for public inspection during regular business hours of said offices. Andrew Udj ak Chairman Area Plan Commission of St. Joseph County • 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. 8yorni Executive Director Assistant Director Phone 219 235-9571 Fax 219 235-9813 January 17, 2001 The Honorable Common Council City of South Bend County City Bldg. - 4th Floor SouthBend, IN 46601 RE: A proposed ordinance initiated by the Common Council of the City of South Bend amending Article 6.5 of Chapter 21 of the South Bend Municipal Code to provide a fee schedule for issuance of Certificates of Appropriateness - APC #2050-00 Dear Council Members: The above referenced ordinance initiated by the Common Council was le ally advertised on January 4, 2001. The Area Plan Commission at its public hearing on~anuary 16, 2001, took the following action: Upon a motion by John McNamara, being seconded by Robert Hawley and unanimously carried, the proposed ordinance initiated by the Common Council of the City of South Bend amendmg Article 6.5 of Cha ter 21 of the South Bend Municipal Code to provide a fee schedule for issuance of Certificates of Appropriateness is sent to the Common Council with a favorable recommendation PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was the Ordinance legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in amving at the above decision are shown in the minutes of the publ;<c 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. Sin rel , /CG~~ o e ' . Sante RWSar ', v~ .,_~ ,.. ~_-__...._.M .~. -; Attachment 7 .~ ~ ~ ~ J~i~ i r.Ol~r --.. __ Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT January 8, 2001 Initiated by the Common Council of the City of South Bend 2050-00 Location: City of South Bend REQUESTED ACTION: This is a Common Council initiated petition to amend Article 6.5 of Chapter 21 of the South Bend Municipal code to provide a fee schedule for issuance of certificates of appropriateness to the City's Zoning Ordinance. PRELIMINARY STAFF RECOMMENDATION: Based on information available prior to the public hearing, the staff recommends that this petition, as amended, be sent to the Common Council with a favorable recommendation. 1400 COUN'CY-CITY BUILDING $OIII'H BEND, INDIANA 46601-1830 PHONE 219/ 235-9241 Fax 219/235-9892 TDD 219/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW JOHN E. BRODEN ALADEAN M. DEROSE CrIYATTORNEY December 8, 2000 CHIEF ASSISTANTCIIYATTORNEY Honorable Charlotte Pfeifer President, South Bend Common Council 4`h Floor County-City Building ~ ~ ~~~ ~ ~ _ /`~ South Bend, IN 46601 1 v Re: Historic Preservation Commission -Fee Ordinance Dear Ms. Pfeifer: This will clarify my letter to you of December 4, 2000 regarding the Historic Preservation Fee Ordinance. This ordinance was originally submitted to the Council earlier this year and was withdrawn by the HPC in September, 2000 in order "to place it under the City's Fee Ordinance rather than the Zoning Ordinance." Because the South Bend Code does not yet have a separate section for City-wide fees, the HPC is re-introducing the same ordinance and requesting the Council's favorable consideration. My letter of December 4 mentioned "prior correspondence" which I neglected to include. Enclosed is a copy of a memo from the HPC to City Clerk Loretta Duda explaining the Certificate of Appropriateness fee. Sincerelx, '~ Aladean M. DeRose Chief Assistant City Attorney AMD/cw Enclosure ~l~~C~ OG % ~~£~~~~~m3°~---~-o..~ ~ 1~~~ DEC 0 B 2000 LQR~7~ d. DS1D THOMAS L. BODNAR CHERYLA. GREENS FRANK E. SCRAPPER JEFFREY M. JANKOWSK[ ROBERT C. ROSENFELD ANN-CAROL NASH South Bend and St. Joseph County HISTORIC PRESERVATION COMMISSION 227 WEST JEFFERSON BLVD. RM 1123 SOUTH BEND, IN 46601 Phone:219-235-9798 Fax:219-235-9578 E-Mail: historic(a~michiana.org John Oxian, President Date: November 5, 1999 To: Loretta J. Duda, City Clerk A Certified Local Government MEMO From: Rhonda Saunders, Assistant Director " Historic Preservation Commission Re: Current Fees and Charges J. Edward Talley, Director The Historic Preservation Commission established a flat fee of $3.00 for Certificate of Appropriateness applications in 1973. The Historic Preservation Commission then raised the fee, effective October of 1999, to $5.00 for staff approved applications and $10.00 for any application that goes before the Commission. The Commission felt that an increase in the application fee was necessary even though this fee in some situations does not adequately cover services provided. The topic of fees and other income which would solely support the services provided by this office have been under discussion for several years. The topic of income which would support services provided by this office remains under discussion. cc: J. Edward Talley, Director HPC John Oxian, President HPC . ----~ DEC 0 g 20~p ~vLOFiiT(~i J. [Y~J R2 Saving The History Of South Bend & St. Joseph County By Protecting The Irreplaceable COMMISSIONERS Martha Choitz Richard Helmus Jerry Weiner Adrian Fine (Secretary) Catherine Hostetler (Vice-President) Ron Zmyslo (Treasurer) Kari Gallagher Joann Sporleder (Historic Architect) Aladean DeRose (Attorney) 1400 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 PHONE 219/ 235-9241 FAx 219/235-9892 TDD 219/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW JOHN E. BRODEN ALADEAN M. DEROSE CrrYATTORNEY December 4, 2000 CHIEF ASSISTANTCITYATTORNEY Ms. Charlotte Pfeifer President, South Bend Common Council 4`h Floor County-City Building South Bend, IN 46601 Re: Historic Preservation Commission -Fees for Certificates of Appropriateness Dear Ms. Pfeifer: Several months ago the Historic Preservation Commission of South Bend and St. Joseph County (HPC) submitted an Ordinance regarding fees for Certificates of Appropriateness. The Ordinance was not then enacted due (I believe) to some discussion about placing this in a separate fee section of the Municipal Code. We are asking that you again reconsider the original Ordinance which I enclose along with copies of prior correspondence regarding this matter. The idea to adopt a separate fee schedule section for the Municipal Code is a good one, but in the interim, it is beneficial for the public to know the fees the HPC can charge through reference to the Municipal Code. The proposed location in the South Bend Code for the HPC fees best serves the citizen user of HPC services because that is the most likely place he/she would look to determine fees. Thank you for your consideration. Sincerely, ladean M. DeRose Chief Assistant City Attorney AMD/CW k i9.~'E:: SLY. ~~'~~::3~ ee~-. `~:.'~5~M~.° { I cc: John Oxian, Interim Director ` ~r:~' ~ ~ ~ii~ci L`.?~'j'4~"a.~'a i i r w ~ ....... .........,~ y..,.,...,,. _ ..... _ .. THOMAS L. BODNAR CHERYLA. GREENE PRANK E. SCHAFFER JEFFREY M. JANKOWSKI RO$ERT C. ROSENFELD ANN-CAROL NASH Charlotte Pfeifer President City of South Bend Common Council County-City Building .South Bend, Indiana 46601 James Aranowski Vice-President Andrew Ujdak December 19, 2000 Chairperson, Committee of the Whole (219)235-9321 Fax (219)235-9173 TDD (219) 235-5567 James Aranowski First District Ms. Loretta J. Duda Charlotte Pfeifer City Clerk Second District Room 455, County-City Building South Bend, IN 46601 Roland Kelly Third District Dear Loretta: Karl King Fourth District In accordance with state statute, Bill No. 132-00 has been submitted as City Council initiated for purposes of public hearing. This letter serves as notification David Varner that a majority of City Council are aware that Bill No. 132-00 is submitted in Fifth District compliance with the statutory requirement for a City Council initiated ordinance. Andrew Ujdak If you have any questions regarding this bill, please feel free to contact me. Sixth District Thank you for your assistance. Sean Coleman At Large Respectfully, Al 'Buddy" Kirsits ,~(~ At Large ~ ~~ V -~~t~~ Karen L. White Charlotte Pfeifer At Large South Bend Common Council President Kathleen Cekanski-Ferrand Council Attorney cc: Area Plan Commission City Council Members Mayor Stephen J. Luecke