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