9772-07 Rezoning Angela Edison Napolean - District 4

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Eddy Street Commons Planned Unit Development 20. Administration. a. Parcel by Parcel Determination of Permitted Uses and Development Standards. (1) Similar and Comparable Uses - It is recognized that the permitted use provisions of this Preliminary Plan may require interpretation to assign all permitted land uses to the appropriate Areas. Therefore, any land use which is not specifically set forth in this Preliminary Plan shall be reviewed by the Executive Director for consistency with the intent set forth for each Area and for compatibility with land use characteristics typical of land uses permitted within those Areas. The Executive Director shall then determine if the proposed use is appropriate for the Area in question. (2) Uses Not Specified - If it is determined by the Executive Director that a particular use is not permitted in any Area provided for in this Preliminary Plan, then such use shall be deemed to require a new petition for zone map change. (3) Uses From Other Areas -The Area Plan Commission may authorize additional uses within an individual Area other than those specifically designated for such Area, provided that the use requested is a use which is permitted in another Area of Eddy Street Commons. (4) Appeal of Executive Director Determination of Permitted Uses -Any determination by the Executive Director maybe appealed to the Area Plan Commission by any person claiming to be adversely affected by that order, requirement, decision or determination. The procedures for such an appeal shall be as set forth in Section 21-OS (h) (1) of the South Bend Zoning Ordinance. b. Alternate Development Standards. In order to encourage innovative building and site designs capable of enhancing the quality of the Eddy Street Commons built environment, an applicant may propose alternate development standards for: yards and building setbacks; use of minimum yards and residential bufferyards; maximum building height; maximum gross floor area; parking; loading; outdoor operations; architecture; landscaping; lighting; or, signs, subject to approval by the Area Plan Commission. Application for such alternate development standards shall be in the form of a Secondary Approval referred to the Area Plan Commission for determination. c. Final Site Plan Submittal Process (Secondary Approval). Final Site Plan submissions or Secondary Approvals shall be filed in compliance with the provision of Section 21-OS (c) (5) of the South Bend Zoning Ordinance. 22 of 24 BDDB01 4715241v10 Exhibit A