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08-08-11 Council Agenda & Packet
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08-08-11 Council Agenda & Packet
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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 SOU'T'H BEND MUNICIPAL CODE, <br /> ARTICLE 9 ADMINISTRATION, SECTION 21-09.03 BOARD OF ZONING APPEALS <br /> AND ARTICLE 14, SUBDIVISIONS, SECTIONS 21-14.04 MINOR SUBDIVISIONS,21- <br /> 14.05, MAJOR SUBDIVISIONS, 21-14.06, SUBDIVISION REPLATS, AND 21-14.09(b) <br /> VARIANCES. <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. Changes in State Statutes (House <br /> Enrolled Act 1311) that became effective on July 1, 2011 necessitate amendments to the City's <br /> zoning and subdivision regulations. <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 9, Administration, <br /> Section 21-09.03 Board of Zoning Appeals, is hereby amended by replacing sub-section(d) with <br /> the following, new sub-section (d), as follows: <br /> (d) Conditions. <br /> The Board of Zoning Appeals, in connection with its making of a favorable <br /> recommendation, unfavorable recommendation or no recommendation to the Common <br /> Council regarding the approval of a special exception use, may recommend that the <br /> Common Council impose certain reasonable conditions as a part of the Common Council's <br /> approval of any special exception use. <br /> Such conditions may include any reasonable site, development, operational standards, <br /> performance standards, requirements, and restrictions (including duration of approval) <br /> deemed necessary to ensure compliance with the Findings of Fact determinations. <br /> The Board of Zoning Appeals, in connection with„its pproying a variance from the <br /> development standards (such as height, bulk, or area) of the zoning ordinance, maimpose <br /> reasonable conditions as art of the Board's approval. <br />
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