10094-11 Amend Code Chapter 21 Article 1 Sec. 21-01.03 Non- Conforming Lots Add New Section Defintion Ch.21 Art. 11

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r � OrdinanceNo. ��{,�`'�� AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1 BASIC PROVISIONS, SECTION 21-01.03 NONCONFORMING LOTS,USES, BUILDINGS, STRUCTURES OR SIGNS,TO ADD A NEW SECTION TO PROVIDE FOR CERTIFICATION OF LEGAL NONCONFORMING LOTS,USES,BUILDINGS, STRUCTURES OR SIGNS,AND TO AMEND AND ADD CERTAIN RELATED DEFINITIONS IN CHAPTER 21,ARTICLE 11. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the . City of South Bend that went into effect on May 7, 2004.Now that the ordinance has been in use, it has been determined that it is desirable to add a section to the ordinance to provide for certifying legal nonconforming lots, uses, buildings, structures and signs. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 1, Basic Provisions, Section 21-01.03 Nonconforming Lots,Uses,Buildings, Structures or Signs, is hereby amended by replacing sub-section(b) with the following, new sub-section(b), and re-lettering the remaining sub-sections, as follows: (b) Certificate of Legallv Established Nonconformin�Use of Land. In order to nrotect the lawful nonconformin� status of a nonconforming lot use buildin� structure or sign. a person who owns or operates said nonconforming lot use buildin� structure or siQn shall request a Certificate of Le�ally Established Nonconformin Ug se of Land. The anplicant,prior to the issuance of the Certificate of Le�y Established Nonconformin�Use of Land, shall bear the burden of proof to demonstrate that the lot use buildin.e, structure or sign was le�lv established per the requirements of this section Submitted materials shall include, but not be limited to the followin • � a comnleted annlication on a form�roperlv si�ned and notarized by the owner of the subiect nropertv, and which submittal shall include at a minimum• le al descri�tion of the nropertv; a site location map• propertv tax identification number• townshin assessor nrot�ertv cards: recorded documents such as contracts liens or leases• E:\ORDINANCES�Zoning\South Bend�Drafted Amendments\NonConforming Use�AMD-TO-NEW-ORD NON_CONF.doc