HomeMy WebLinkAboutAmending Chapter 21, Article 6.5 - interim protection of proposed historic landmarks prior to final landmark designationORDINANCE No. as~ss
Passed by the Common Council of the Ciry of South Bend, Indiana
March 22. 19 99
Attest:
Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
March 23, 19 99
Approved and signed by me March 23, 19 99
City Clerk
c~.e ~ ~t -~ Mayor
ORDINANCE NO. ~ ~~ l I
AN ORDINANCE AMENDING ARTICLE 6.5
OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE
TO PROVIDE FOR INTERIM PROTECTION OF PROPOSED LOCAL HISTORIC
LANDMARKS PRIOR TO FINAL LANDMARK DESIGNATION AND TO CREATE
SUBPARAGRAPH DESIGNATIONS IN SECTION 21-117.2 (d)
OF ARTICLE 6.5 OF CHAPTER 21
STATEMENT OF PURPOSE AND INTENT
The present version of Article 6.5, Chapter 21, of the
Municipal Code does not provide a means for protecting and
conserving a historic landmark during the land marking process;
consequently, a proposed historic landmark could be altered or
demolished between the time that it is proposed for landmark status
and the time that an Ordinance designating it as a landmark is
adopted. This amended. ordinance will afford proposed landmarks
temporary protection from demolition, alteration, addition or
reconstruction, and it will also serve to clarify Section 21-117.2
(d) of Chapter 1, Article 6.5 of the South Bend Municipal Code by
inserting subsection designations to what was previously one
general paragraph.
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 (d)
is amended to designate subdivisions and to add new language and
subsection ( 5)
(d) Survey, identify, plan for and advise the Common Council
and the Area Plan Commission concerning the establishment of
Historic Preservation Districts. Survey, identify, plan for and
advise the Common Council concerning the designation of historic
landmarks.
~_ The Historic Preservation Commission shall recommend
the designation of historic landmarks and the establishment of
Historic Preservation Districts on the basis of historical and
cultural significance, educational value and suitability for
preservation.
Historic landmarks shall be designated and Historic
Preservation Districts shall be established by the Common Council
through the passage of an ordinance. Said ordinance shall be
initiated in the usual manner: By the Common Council; by a petition
of the owners of fifty percent (50%) or more of the subject area;
or by the Area Plan Commission.
~_ If any proposed ordinance is introduced to the
Common Council for the purpose of creating a new Historic
Preservation District, or repealing, altering, or modifying an
established Historic Preservation District, then prior to referral
to the Area Plan Commission, the proposed ordinance shall be
referred by the Common Council to the Historic Preservation
Commission which shall hold a public hearing within ninety (90)
days of the referral, unless such public hearing was conducted by
the Historic Preservation Commission prior to introduction of the
proposed ordinance which shall satisfy this requirement of a public
hearing. The public hearing before the Historic Preservation
Commission shall be for the purpose of hearing comments on the
proposed ordinance and for the purpose of delivering either a
favorable or unfavorable recommendation to the Common Council,
Notice of such hearing shall be given to all owners of property in
the affected Historic Preservation District. Failure of the
Historic Preservation Commission to deliver a recommendation within
ninety (90) days following referral by the Common Council shall be
considered a favorable recommendation.
~, If any proposed ordinance is introduced to the
Common Council for the purpose of creating a new historic landmark,
or repealing, altering, or modifying an established historic
landmark, then prior to the Common Council's public hearing, the
proposed ordinance shall be referred by the Common Council to the
Historic Preservation Commission which shall hold a public hearing
within ninety (90) days of the referral, unless such public hearing
was conducted by the Historic Preservation Commission prior to
introduction of the proposed ordinance which shall satisfy this
requirement of a public hearing. The public hearing before the
Historic Preservation Commission shall be for the purpose of
hearing comments on the proposed ordinance and for the purpose of
delivering either a favorable or unfavorable recommendation to the
Common Council. Notice of such hearing shall be given to all
owners of the affected historic landmark. Failure of the Historic
Preservation Commission to deliver a recommendation within ninety
(9 0 ) days f of lowing referral by the Common Council shal l be
considered a favorable recommendation.
S5~ (a) Ubon the earlier of the reading of a proposal for a
historic landmark before the Historic Preservation Commission
or uoon the filing of an ordinance before the Common Council
for the purpose of creating a new historic landmark, the
Commission may declare such proposed new historic landmark to
be under interim protection.
Not more than two (2) working davs after declaring a
building, structure. or site to be under interim protection
under this section, the Historic Preservation Commission shall
provide the owner of the building, structure or site with a
written notice of declaration by personal deliverv or
certified mail. The Historic Preservation Commission shall
also notify the Common Council and the St. Joseph County/South
Bend Building Department. In the event the owner cannot be
located after due diligence the Historic Preservation
Commission or the Citv Department of Code Enforcement which
shall affix a notice of interim protection to the building,
structure or site. written notice under this sub-section (b)
must•
S1Z Cite. the authority of the Historic Preservation
Commission to put the building, structure, or site under
interim protection under this section;
~2Z Explain the effect of putting the building,
structure, or site under interim protection; and
~_ Indicate that the interim protection is for a
maximum period of six (6) months.
~ A building or structure put under interim protection
under subsection (a) remains under interim protection for a
period of six (6) months or until an ordinance designating
the landmark is approved or_re~ected by the Common Council,
whichever occurs first.
~_ While a building, structure, or site is under interim
protection under this section;
~_ The building, structure, or site may not be
demolished or moved; and
The exterior appearance of the building, structure,
or site may not be conspicuously chanced bv:
~Z Addition;
~_ Reconstruction: or
~C~ Alteration
~_ The Commission may approve a Certificate of
Appropriateness at anv time during the period of interim
protection provided the proposed change meets the criteria
for considering effect of actions on historic buildings in
Section 21-117.2 (e) of this ordinance and anv proposed
preservation guidelines prepared by the Historic Preservation
Commission for the affected building, structure, or site.
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.
1st READING ~ ~ - ~3 ~ /
PUBLIC HEARING 3_a~.99
3rd READINC3 3-ate-99
NO7 APPR®VE~
REFERRED
«E~; 3_~2-99 As su3sTlTVT~p
C~
Q D
Member of the Common Council
Filed i~ Clerk's agfice
JA;P~ 2 0 1989
IORETTA J. DUDA
CITY CLERK, ~O. Fi~tl'D, Iti.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
104-98 A BILL AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE
SOUTH BEND MUNICIPAL CODE TO PROVIDE FOR INTERIM
PROTECTION OF PROPOSED LOCAL HISTORIC LANDMARKS
PRIOR TO FINAL LANDMARK DESIGNATION AND TO CREATE
SUBPARAGRAPH DESIGNATIONS IN SECTION 21-117.2 (d)
OF ARTICLE 6.5 OF CHAPTER 21
Respectfully report that they have examined the matter and that in their opinion, this bill comes to
the full Council with a favorable recommendation, as substituted.
Charlotte Pfeifer
Chairman
South Bend and St. Joseph County
HISTORIC PRESERVATION COMMISSION
227 WEST JEFFERSON BLVD. RM 1123
SOUTH BEND, IN 46601
219.235.9798 fax: 219.235.9578
John Oxian, President
January 20, 1999
A Certified Local Government
Sean Coleman -President
South Bend Common Council
227 West Jefferson Blvd. RM 455
South Bend IN 46601
Dear Sean:
J. Edward Talley, Director
The Historic Preservation Commission of South Bend and St. Joseph County in co-operation with the
Area Plan Commission of St. Joseph County have made some changes in the wording of the original version of
the Interim Protection Ordinance. These changes have no impact on the intent of the proposed ordinance and
merely act as clarifiers to what could have been vague language. These changes were initiated following the Area
Plan Commission meeting of January 19, 1999.
Please find the substitute version of the Interim Protection Ordinance APC #1896-98 which is humbly
submitted to your respected body of council.
espectfull ,
J. dward Talley, Director
cc: John Oxian, President - HPC
Encl:
INTPRO'I>PUB
Filed in Cierk's office
JAi~ 2 0 199
LORETTA J. DUDA
CRYCLERK, EO. BErtD, Ind.
Saving The History Of South Bend & St. Joseph County By Protecting The Irreplaceable
COMNIISSIONERS
Martha Choitz Catherine Hostetler Jerry Weiner
Adrian Fine Janeanne Petrass Ron Zmyslo
Joann Sporleder