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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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(3) no additional building or structure shall be erected in connection with such legally <br /> established nonconforming use of land; and, <br /> (4) a legally established nonconforming use may be changed to a less intense use <br /> permitted within the same district grouping pursuant to Section 21-01.02 (b� <br /> Order of Districts (i.e., from one use permitted in the various districts of <br /> Section 21-03 Commercial/Mixed Use Districts to a less intense use listed within <br /> the various districts of Section 21-03 Commercial/Mixed Use Districts; but not <br /> from a use listed in one of the various districts of Section 21-03 Commercial/ <br /> Mixed Use Districts to a use listed in one of the various districts of Section 21-02 <br /> Residential Districts), provided all other regulations of this Section are complied <br /> with. <br /> � Section III. Chapter 21, Zoning, of the South Bend Municipal Code, Article l, Section 21-01-03 <br /> Non-Conforming Lots, Uses, Buildings, Structures or Signs, is hereby amended by deleting in its <br /> entirety sub-section(h) Discontinuation of Legally Established Nonconforming Uses of Land, and <br /> replacing it with a new subsection(h), as follows: <br /> (h) Discontinuation of Legally Established Nonconforming Uses of Land <br /> (1) If any legally established nonconforming use of land, other than a single family <br /> residence, is: <br /> (A) abandoned for any period of time; or, <br /> (B) discontinued or otherwise vacant for more than twelve(12) consecutive months <br /> (except when a probate related court order or government action impedes access <br /> to the premises), <br /> then any subsequent use of such land shall conform to the provisions of this Ordinance. <br /> (2) Any violation of this subsection shall result in enforcement proceedings under <br /> Section 21-10 of this Ordinance. <br /> Section IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4, Industrial Districts, <br /> Section 21-04.11 General Regulations for Industrial Districts, is hereby amended by adding a new <br /> sub-section(a) (3) (A), and re-lettering the existing sub-sections (a) (3) (A) through (G), as <br /> follows: <br /> (a) (3) <br /> (A) Residential Uses—Accessorv uses buildings or structures provided for any le a�11X <br /> established residential uses located in any Industrial district shall complv with the <br /> provisions of Section 21-02.11 (a�(3)—Additional Development Standards for <br /> Accessory Uses. Buildings or Structures in any Residential District <br /> FA}to� <br />
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