10171-12 Amend Code - Ch 21 Art. 9 Sect. 2-09.05 Development Review Procedures

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Ordinance No. L 0 7 (—( AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 9, ADMINISTRATION, SECTION 21 -09.05 DEVELOPMENT REVIEW PROCEDURES IN ORDER TO ADD NEW SECTION (h) COMBINED PUBLIC HEARING PROCEDURE. 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. One of the sections of the zoning ordinance established development review procedures for rezonings, variances and special exceptions. Recent changes to State Statutes allow the Area Plan Commission to establish procedures for a combined hearing for rezoning, variances, a special exception, and a subdivision plat before the Area Plan Commission. Establishing this procedure could result in making the City more attractive to economic development because variances and subdivisions could be approved and recommendations on rezonings and special exceptions could all be made at one meeting rather than three meetings as is presently required. It is the purpose and intent of this Ordinance to establish a combined public hearing procedure. 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, Section 21- 09.05, Development Review Procedure, is hereby amended by adding the following sub - section: (h) Combined Public Hearing Procedure. (1) The Area Plan Commission may designate a hearing examiner or committee of the commission to conduct a combined hearing relative to developments that require more than one hearing under this Article. (2) The decision to use this procedure shall be made by the applicant. (3) In conducting a combined hearing, the hearing examiner or committee of the Commission may exercise the following: (A) the powers of the Area Plan Commission in making recommendations to the Common Council on rezoning petitions and text amendments under the I.C. 36 -7- 4 -600 series. (B) the powers of the Plat Committee in approving or denying subdivision plats under the I.C. 36 -7 -4 -700 series. (C) the powers of the Board of Zoning Appeals to grant variances and make recommendations on special exceptions under the I.C. 36 -7 -4 -900 series. E: \ORDINANCES\Zoning \South Bend \Drafted Amendments\AMD COMBINED PUBLIC HEARING PROCEDURE.doc