8596-95 Amending Chapter 21 Zoning of the City South Bend Delating & Replacing Article 7

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• Bill No. /45 APC No. Ordinance No. Eq6)-66 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, DELETING AND REPLACING ARTICLE 7, REZONING PROCEDURES AND BY ADDING TO AND MAKING CERTAIN OTHER REVISIONS TO THE ZONING ORDINANCE. Whereas, the City of South Bend has endeavored to promote the health, safety and general welfare of the City through zoning regulations; and Whereas, the City of South Bend has determined that in order to promote efficient and orderly land development in the City, and in order to expedite the site plan approval process while at the same time ensuring that the interests of surrounding property owners are adequately protected, and in order to make certain other changes in the Zoning Ordinance in accordance with state statutes, the repeal and replacement of Article 7, Rezoning Procedures, of Chapter 21, Zoning, of the Municipal Code of the City of South Bend along with certain other related revisions is necessary: NOW THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section 1. That CHAPTER 21, ZONING, ARTICLE 1 GENERAL PROVISIONS, Section 21.1 (a) , Definitions, of the Municipal Code of the City of South Bend be amended by adding the following definition to read as follows: Sec. 21-1. (a) . Definitions (101a) Site Plan Committee means the Committee of the Area Plan Commission responsible for determining whether a site plan complies with certain portions of this Chapter. Section 2. ARTICLE 7. REZONING PROCEDURES shall be deleted in its entirety and replaced with a new ARTICLE 7, REZONING PROCEDURES as follows: Sec. 21-118 Zoning Ordinance Amendments, How Initiated. A. The Common Council may, from time to time, upon its own motion or upon the petition of the Area Plan Commission (also referred to as the Commission in the remainder of this Article) , amend or partially repeal the text of this ordinance. Proposals to change the zone maps (rezone) , whether by incorporating an additional map or by amending or deleting a map, incorporated by reference in this ordinance may be initiated by the Common Council, the Area Plan Commission, or by a petition of the owners of property of at least fifty percent (50%) of the area involved in the petition. In either case, the Common Council may act upon such amendment only after a report has been presented by the Area Plan Commission after public notice and hearing and in accordance with the provisions of Chapter 174 of the Acts of Indiana General Assembly 1947, as amended. B. The Common Council may direct the Area Plan Commission to prepare a rezoning amendment and submit it to public hearing by the Commission within sixty (60) days after formal written request by the Council. (Ord. No. 5409-72, sec. 1) . C. The procedure for referral of a proposed amendment to the Area Plan Commission and the time limits for action by the Area Plan Commission and the Common Council shall be as set out in IC 36-7-4-607, et seq. D. The petitioner should consult informally with the Staff of the Commission prior to preparation and submittal of a petition. Sec. 21-119 Rezoning Petition -- Requirements generally.