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

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B. If, as a result of an appeal by the petitioner, the Area Plan Commission determines that the final site development plan does not conform with the provisions of this Chapter or does not substantially conform with the preliminary site development plan submitted with the initial petition, the Area Plan Commission shall deny granting approval of the final site develop- ment plan and the Commission Staff shall inform the petitioner of the dis- approval of the final site development plan. The petitioner may file a new petition pursuant to the foregoing procedural requirements. C. If, as a result of an appeal by the petitioner, the Area Plan Commission does not act on the final site plan within sixty days after the final site plan is submitted to the Area Plan Commission and so notify the petitioner of its action, such final site plan shall be deemed approved by the Area Plan Commission unless the petitioner requests in writing to the Area Plan Commission additional time. Sec. 21.125 Rezone--Final site development plan--Filing upon certification. If the final site development plan is approved by the Commission Staff, by the Area Plan Commission, or if the final site plan becomes effective because of inaction by the Commission Staff or the Area Plan Commission within the specified time, notice of such action accompanied by the seal of the Area Plan Commission shall be filed with the City Clerk for distribution to the following to insure compliance therewith: A. Common Council; B. City Building Commissioner; C. City Engineer D. Area Plan Commission; and E. Petitioner. The Building Commissioner may thereafter issue a building permit for the rezoned property only in accordance with the certified final site development plan. Sec. 21.126 Change, modification or amendment to site development plan. A. For any change, modification or amendment to the site development plan, the petitioner shall submit a request in writing to the Area Plan Commission setting same forth in detail. If the Commission Staff determines that the change, modification or amendment to the final site development plan conforms with the provisions of this Chapter, conforms substantially with the approved preliminary site development plan submitted with the petition to rezone, and that the property in question is in substantial compliance with the current final site development plan, the Commission Staff shall grant approval, affix the seal of the Area Plan Commission, inform the petitioner of the approval of the revised final site development plan, and distribute copies in the prescribed manner. B. If the Commission Staff determines that the revised final site development plan does not conform with the provisions of this Chapter, or that the property in question is not in substantial compliance with the current final site development plan, the Commission Staff shall deny granting approval of the revised final site plan and shall inform the Area Plan Commission and the petitioner of the denial of approval of the revised final site development plan. The petitioner may then file a new revised final site plan which does conform with the provisions of this Chapter. C. If the Commission Staff determines that the revised final site development plan conforms with the provisions of this Chapter but does not conform substantially with the approved preliminary site development plan submitted with the petition to rezone; and where the change, modification or amendment involves enlargement or relocation of buildings or uses in such a manner that in the staff's opinion the change will adversely impact surrounding properties, then the Commission Staff shall forward the revised final site plan to the Site Plan Committee of the Area Plan Commission for review. D. If the Site Plan Committee determines that the revised final site plan conforms substantially with the approved preliminary site development