9495-04 Repealing and Replacing Chapter 21, Article 1 though 11 - The City of South Bend Zoning Ordinanace

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Section 21-01.01 Provisions of Common Applicability (i) Interpretation of this Ordinance !Conflict with other Ordinances In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the health, safety, comfort, morals, convenience, and the general welfare of the public. In the case of any conflict or inconsistency between two or more provisions of this Ordinance (e.g., the restrictions set forth in an overlay district versus the restrictions set forth in a primary district) or any other ordinance of the City of South Bend, the provision which imposes the greater or higher or more restrictive standard of performance shall control. (j) Jurisdiction of this Ordinance Upon: (i) adoption of this Ordinance by the Common Council of the City of South Bend; and, (ii) the effective date of this Ordinance, the Area Plan Commission of St. Joseph County, Indiana shall be the duly authorized plan commission for the incorporated areas of the City of South Bend pursuant to the Area Planning Law of the Indiana Code, and the Ordinance shall apply to all real property located within the corporate boundaries of the City of South Bend. (k) Subdivision of Land The subdivision of land may occur in any and all districts established by this Ordinance. Whenever a subdivision occurs, the rules, regulations and procedures of the City of South Bend Subdivision Regulations (Chapter 21, Article 8 entitled "Subdivisions" of the South Bend Municipal Code renumbered by this Ordinance to Article 14 and entitled "Subdivisions"), or any subsequently adopted replacement Subdivision Control Ordinance for the City of South Bend or St. Joseph County, Indiana, shall apply. (1) Scope and Application of this Ordinance Except as expressly provided otherwise in this Ordinance: (1) No person may use or occupy any land, building, structure or improvement or authorize or permit the use or occupancy of any land, building, structure or improvement under their control except in accordance with the applicable provisions of this Ordinance. (2) No land, building, structure or improvement shall be used and no building, structure or improvement shall be erected, reconstructed or structurally altered, which is arranged, intended or designed to be used for any purpose other than a use which is permitted in the district in which such land, building, structure or improvement is located. 4 Ord. No: 9495-04