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10115-11 Amend Code Chapter 21 Section 21-04.11 Non Conforming Uses
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10115-11 Amend Code Chapter 21 Section 21-04.11 Non Conforming Uses
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10/7/2011 5:52:53 PM
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10/7/2011 5:52:52 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
9/12/2011
Ord-Res Number
10115-11
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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 SOUTH BEND MUNICIPAL CODE, <br /> ARTICLE 1 BASIC PROVISIONS, SECTION 21-01-03 NON-CONFORMING LOTS, <br /> USES,BUILDINGS, STRUCTURES OR SIGNS; AND ARTICLE 4 INDUSTRIAL <br /> DISTRICTS, SECTION 21-04.11 GENERAL REGULATIONS FOR INDUSTRIAL <br /> DISTRICTS. <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. One of the intents of the zoning <br /> ordinance is to protect legally established nonconforming single-family residences. Accessory <br /> structures for these legally established nonconforming single-family homes are allowed in <br /> CommerciaUMixed Use Districts but not the Industrial Districts. Further, recent changes in <br /> Section 21-01-03 approved by Ordinance# 10094-11, caused citation conflicts in sub-sections (�, <br /> (i), and(k). It is the purpose and intent of this Ordinance to allow accessory structures in industrial <br /> districts, and correct scrivener's errors. <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 1, Section 21-01-03 <br />� Non-Conforming Lots, Uses, Buildings, Structures or Signs, is hereby amended as follows: <br /> (� (2) should such legally established nonconforming building or structure, or legally established <br /> nonconforming portion of a building or structure, be damaged or destroyed by any means <br /> to the extent that restoration will exceed fifty(50) percent of the cost of construction of the <br /> entire building or structure at the time the damage or destruction is reported, as determined <br /> pursuant to Section 21-01.03,F�l�11—Determination of Cost of Construction, below, said <br /> buildin'g or structure shall not be reconstructed except in conformity with the provisions of <br /> this Ordinance; and <br /> (i) If any legally established nonconforming use is located within a legally established <br /> nonconformi.ng building or structure and such legally established nonconforming building <br /> or structure is damaged or destroyed by any means to the extent that restoration will exceed <br /> fifty(50)percent of the cost of construction of the entire building or structure at the time <br /> the damage or destruction is reported, as determined pursuant to Section 21-01.03.{�?(11— <br /> Determination of Cost of Construction, below, the legally established nonconforming use <br /> previously being conducted in such legally established nonconforming building or <br /> structure shall be extinguished and no longer permitted. <br />
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