07-25-11 Council Agenda & Packet

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Ordinance No. 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 NON-CONFORMING LOTS, USES,BUILDINGS, STRUCTURES OR SIGNS; AND ARTICLE 4 INDUSTRIAL DISTRIC'T'S, SECTION 21-04.11 GENERAL REGULATIONS FOR INDUSTRIAL . DISTRICTS. 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. One of the intents of the zoning ordinance is to protect legally established nonconforming single-family residences. Accessory structures for these legally established nonconforming single-family homes are allowed in Commercial/Mixed Use Districts but not the Industrial Districts. Further, recent changes in Section 21-01-03 approved by Ordinance## 1 0094-11, caused citation conflicts in sub-sections (f), (i), and (k). It is the purpose and intent of this Ordinance to allow accessory structures in industrial districts, and correct scrivener's errors. 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, Section 21-01-03 Non-Conforming Lots, Uses, Buildings, Structures or Signs, is hereby amended as follows: (f) (2) should such legally established nonconforming building or structure, or legally established nonconforming portion of a building or structure, be damaged or destroyed by any means to the extent that restoration will exceed fifty(50) percent of the cost of construction of the entire building or structure at the time the damage or destruction is reported, as determined pursuant to Section 21-01.03 —Determination of Cost of Construction, below, said building or structure shall not be reconstructed except in conformity with the provisions of this Ordinance; and (i) If any legally established nonconforming use is located within a legally established nonconforming building or structure and such legally established nonconforming building or structure is damaged or destroyed by any means to the extent that restoration will exceed fifty(50) percent of the cost of construction of the entire building or structure at the time the damage or destruction is reported, as determined pursuant to Section 21-01.03 — Determination of Cost of Construction, below, the legally established nonconforming use previously being conducted in such legally established nonconforming building or structure shall be extinguished and no longer permitted.