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

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approval of the revised final site development plan, and distribute copies in the prescribed manner. E. If the Site Plan Committee determines that the revised final site plan does not conform substantially with the approved preliminary site development plan submitted with the petition to rezone, or that the change, modification or amendment involves enlargement or relocation of buildings or uses in such a manner that it will adversely impact surrounding properties, then the Site Plan Committee shall direct the Commission Staff to deny granting approval of the revised final site plan and inform the Area Plan Commission and the petitioner of the denial of approval of the revised final site development plan. The petitioner may not appeal the decision of the Site Plan Committee to the full Area Plan Commission. The petitioner may file a new petition to rezone pursuant to the foregoing procedural requirements. Sec. 21.127 Grounds for withdrawal of approval. A. Approval of rezoning shall be withdrawn, any issued building permit revoked, and the original zoning classification reinstated, if substantial construction, as determined by the Area Plan Commission, pursuant to the final site plan has not commenced within twelve months after the amendment to the zoning ordinance becomes law. However, an extension of time, not to exceed six months, may be granted by the Area Plan Commission; provided, a request for such extension has been petitioned to the Area Plan Commission by the applicant or his successor in title prior to the time rezoning would lapse as defined above in this subsection. The Area Plan Commission must determine and the applicant must prove that diligence has been pursued toward the accomplishment of said project before extension can be granted. B. Any person who fails to conform to the provisions of the rezoning ordinance subject to the site development plan shall be ordered to cease and desist by the Building Commissioner and, failing so to do, shall be required by the Area Plan Commission to show cause, if any, why approval should not be withdrawn, the building permit revoked, or the original zoning classification reinstated. Sec. 21-128. Zoning of Annexed Areas. A. Each area annexed to the City after the effective date of this provision (July 24, 1972) shall be zoned "A" Residence District and "A" Height and Area District as of the date of annexation. B. Where the Area Plan Commission determines that newly annexed areas need to be zoned to a classification other than "A" Residential, "A" Height and Area, the Commission shall within sixty (60) days after notification of the date of annexation of such an area hereafter annexed to the City, submit to the Council a recommended zoning plan for such area. Within forty-five (45) days after receipt of such recommended zoning plan, the Council shall adopt by ordinance a zoning plan for such area. C. No building permit shall be issued by the Building Commissioner and no change in use or bulk of structures existing may occur in any area hereafter annexed to the City until such area has been zoned by the Council, except that for lots of record, building permits may be issued for those uses permitted in the "A" Residential District. (Ord. No. 5409-72, sec. 1; Ord. No. 8059-90, sec. 1; Ord. No. 8368-93, sec. 1) Sec. 21-129. Veto power. The city executive shall have the right to veto any zoning ordinance. (Ord. No. 8059-90, sec. 1) Sec. 21-130. Reserved. Section 3. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and its publication as prescribed by law.