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05-23-11 Council Agenda & Packet
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05-23-11 Council Agenda & Packet
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5/19/2011 1:13:20 PM
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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,AND TO AMEND AND ADD CERTAIN RELATED <br /> .DEFINITIONS IN CHAPTER 21, ARTICLE 11. <br /> STATEMENT OF PURPOSE AND INTENT <br /> The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the <br /> City of South Bend that went into effect on May 7, 2004. Now that the ordinance has been in use, <br /> it has been determined that it is desirable to add a section to the ordinance to provide for certifying <br /> legal nonconforming lots, uses, buildings, structures and signs. <br /> NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, <br /> as follows: <br /> Section I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 1, Basic Provisions, <br /> Section 21-01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs, is hereby amended by <br /> replacing sub-section(b) with the following, new sub-section (b), and re-lettering the remaining <br /> sub-sections, as follows: <br /> b Certificate of Legally Established Nonconforming Use of Land. <br /> In order to protect the lawful nonconforming status of a nonconforming lot, use, buildiyZ <br /> structure or sign, a person who owns or operates said nonconform!iUg lot use building <br /> structure or si n shall request a Certificate of Legally Established Nonconforming Use of <br /> Land. The applicant,prior to the issuance of the Certificate of Legally Established <br /> Nonconforming Use of Land, shall bear the burden of proof to demonstrate that the lot, use, <br /> building structure or sign was legally established per the requirements of this section. <br /> Submitted materials shall include but not be limited to the following: <br /> W a completed application, on a forth properly signed and notarized by the owner of the <br /> subject property, and which submittal shall include at a minimum: legal description of <br /> the property_;._a site location map_property tax identif cation number,township <br /> assessor VMpegy cards; recorded documents such as contracts liens or leases; <br /> E:I0RD1NANCES1ZoninglSouth Bend0rafted AmendmentslNonConfortning UselAMD-TO-NEW-ORD <br /> NON_CONF.doe <br />
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