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 (3) Special Exception Use, Variance of Development Standazds Any application before the Board of Zoning Appeals (i.e., special exception use or variance of development standards) which has been filed with Board of Zoning Appeals of the City of South Bend and which application is full and complete under the provisions of the South Bend Zoning Ordinance (Chapter 21 of the South Bend Municipal Code, as amended) prior to the effective date of this Ordinance shall be allowed to continue to be processed to completion pursuant to the terms and conditions of the South Bend Zoning Ordinance (Chapter 21 of the South Bend Municipal Code, as amended), provided, however: (A) if such application is no longer required by the terms of this Ordinance, such application shall be considered dismissed for lack of jurisdiction; or, (B) if the proposed use or development requires additional approvals from the Board of Zoning Appeals pursuant to the terms and conditions of this Ordinance (and which additional approvals from the Board of Zoning Appeals were not required by the terms and conditions of the South Bend Zoning Ordinance (Chapter 21 of the South Bend Municipal Code, as amended), such application shall be deemed amended to include only those additional approvals which aze minimally required and within the jurisdiction of the Board of Zoning Appeals to approve for the proposed use or site plan for the development. (q) Amendments to this Ordinance In its continuing administration of the purposes set forth in Section 21-01.01 (c) above, the Common Council of the City of South Bend may find it reasonable and necessary to propose and adopt amendments to the text of this Ordinance or determine changes to the Zone Maps incorporated into this Ordinance. All such amendments shall be considered and adopted in compliance with Indiana Code 36-7-4-600 et sec ., the provisions of this Ordinance, and any applicable Rules of Procedure subsequently adopted by the Area Plan Commission or the Common Council of the City of South Bend governing such procedures. (r) Compliance Required for Use and Development of Real Property Compliance with the terms and provision of this Ordinance shall be a prerequisite for the use and development of real property within the City of South Bend. Failure to comply with the terms and provisions of this Ordinance shall be deemed to be a civil zoning violation enforceable by the Zoning Administrator, as provided for in Indiana Code 36-7-4 et sec ., and Section 21-10 -Enforcement of this Ordinance. Ord. No: 9495-04