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06-11-12 Council Agenda & Packet
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06-11-12 Council Agenda & Packet
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Ordinance No. <br /> AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, <br /> AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, <br /> ARTICLE 9,ADMINISTRATION,SECTION 21-09.05 DEVELOPMENT REVIEW <br /> PROCEDURES IN ORDER TO ADD NEW SECTION(h)COMBINED PUBLIC HEARING <br /> PROCEDURE. <br /> STATEMENT OF PURPOSE AND INTENT <br /> The Common Council of the City of South Bend, Indiana,adopted a new zoning ordinance for the City of <br /> South Bend that went into effect on May 7, 2004. One of the sections of the zoning ordinance established <br /> development review procedures for rezonings, variances and special exceptions. Recent changes to State <br /> Statutes allow the Area Plan Commission to establish procedures for a combined hearing for rezoning, <br /> variances,a special exception, and a subdivision plat before the Area Plan Commission. Establishing this <br /> procedure could result in making the City more attractive to economic development because variances and <br /> subdivisions could be approved and recommendations on rezonings and special exceptions could all be <br /> made at one meeting rather than three meetings as is presently required. It is the purpose and intent of this <br /> Ordinance to establish a combined public hearing procedure. <br /> NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as <br /> follows: <br /> Section I. Chapter 21,Zoning, of the South Bend Municipal Code,Article 9, Section 21-09.05, <br /> Development Review Procedure, is hereby amended by adding the following sub-section: <br /> (h) Combined Public Hearing Procedure. <br /> (1) The Area Plan Commission may designate a hearing examiner or committee of the <br /> commission to conduct a combined hearing relative to developments that require more than <br /> one hearing under this Article. <br /> (2) The decision to use this procedure shall be made by the applicant. <br /> (3) In conducting a combined hearing,the hearing examiner or committee of the Commission <br /> may exercise the following: <br /> (A) the powers of the Area Plan Commission in making recommendations to the <br /> Common Council on rezoning petitions and text amendments under the I.C. 36-7- <br /> 4-600 series. <br /> (B) the powers of the Plat Committee in approving or denying subdivision plats under <br /> the I.C. 36-7-4-700 series. <br /> (C) the powers of the Board of Zoning Appeals to grant variances and make <br /> recommendations on special exceptions under the I.C. 36-7-4-900 series. <br /> E:IORDTNANCES1ZoninglSouth BendlDrafted AmendmentslAMD COMBINED PUBLIC HEARING <br /> PROCEDURE-doe <br />
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