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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 2101.03 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 noncon ormin lot use building, <br />structure or sign, a person who Dams or operates said nonconforming lot, use, building,_ <br />structure or sin 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 />Nonconformin 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 />a completed application, on a form 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: peopegy tax identification number; township <br />assessor property cards; recorded documents such as contracts liens or leases-, <br />EA0RD1NANCES\Zoning\South Bend\Drafted AmendmentslNonConforming Use\AMD -TO- NEW -ORD <br />NON CONF.doc <br />