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Ordinance No.
<br />AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
<br />INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE,
<br />ARTICLE 1 BASIC PROVISIONS, SECTION 21 -01.03 NONCONFORMING LOTS, USES,
<br />BUILDINGS, STRUCTURES OR SIGNS, TO ADD A NEW SECTION TO PROVIDE FOR
<br />CERTIFICATION OF LEGAL, NONCONFORMING LOTS, USES, BUILDINGS,
<br />STRUCTURES OR SIGNS.
<br />STATEMENT OF PURPOSE AND INTENT
<br />The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City
<br />of South Bend that went into effect on May 7, 2004. Now that the ordinance has been in use, it has been
<br />determined that it is desirable to add a section to the ordinance to provide for certifying legal
<br />nonconforming lots, uses, buildings, structures and signs.
<br />NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as
<br />follows.:
<br />Section I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 1, Basic Provisions, Section
<br />21 -01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs, is hereby amended as follows by
<br />replacing sub - section (b) with the following, new sub - section (b), an re- lettering the remaining sub-
<br />sections:
<br />(b) Certificate of Nonconforming Use.
<br />In order to protect the lawful nonconforming status of a nonconforming lot, use, buildings
<br />structure or sjo, a person who owns or operates said noncon ormin lot use buildin structure
<br />or sign may request a Certificate of Nonconforming Use from the Zoning Administrator on forms
<br />available in the St. Joseph County / South Bend Building Department. The applicant shall bear the
<br />burden of proof to demonstrate that the use is a lawful nonconforming use prior to the issuance of
<br />the Certificate of Nonconformina Use. Submitted materials shall include, but not be Iimited to the
<br />following:
<br />(1) an application, on a form established by the Zoning, Administrator,
<br />(2) a fee, as established in Title 6 of the South Bend Municipal Code,
<br />(3) proof of continuous use per Section 21- 01.03(8), including but not limited to: leases, tax
<br />records dated photographs, utility bills efty directoCy listings, historical ads building
<br />permits, etc —and any other information deemed appropriate by the Zoning Administrator to
<br />determine the use as a lawful nonconforming use, and for the proper administration and
<br />enforcement of this Ordinance.
<br />E:IORDINANCESIZoninglSouth BendlDrafted AmendmentslAMD -TO- NEW -ORD NON_CONF.doc
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