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10109-11 Amend Code - Subdivisions - Chapter 21 Article 9; Section 21-09.03; Article 14, Sections 21-14.04; 21-15.05; 21-14.06; 21-14.09
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10109-11 Amend Code - Subdivisions - Chapter 21 Article 9; Section 21-09.03; Article 14, Sections 21-14.04; 21-15.05; 21-14.06; 21-14.09
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9/12/2012 8:35:31 AM
Creation date
8/19/2011 12:50:18 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
8/8/2011
Ord-Res Number
10109-11
Bill Number
46-11
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Ordinance No. l v L oLiL <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 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 13 11) 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 o Zoning Appeals, in connection with its approving a variance from the <br />development standards (such as height, bulk, or areal of the zoning ordinance may impose <br />reasonable conditions as part of the Board's approval. <br />
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