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9495-04 Repealing and Replacing Chapter 21, Article 1 though 11 - The City of South Bend Zoning Ordinanace
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9495-04 Repealing and Replacing Chapter 21, Article 1 though 11 - The City of South Bend Zoning Ordinanace
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Last modified
12/13/2010 9:39:33 AM
Creation date
4/17/2008 9:44:31 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
4/12/2004
Ord-Res Number
9495-04
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Section 21-OS <br />Planned Unit Development District <br />which to file for secondary approval, in total or in phases, for approval by <br />the Executive Director. The Executive Director shall review the request <br />for secondary approval for consistency with the preliminary plan <br />approved by the Common Council in connection with the petition for zone <br />map change to the PUD District. If a secondary approval is filed for in <br />phases, each subsequent phase shall be filed for within three (3) years of <br />the approval of the prior phase. <br />In the event that secondary approval is not obtained for all or a portion of <br />the PUD within the time frames outlined above, the preliminary plan shall <br />be deemed to have expired for that portion of the PUD that has not <br />received secondary approval, except for the location and density of <br />proposed land uses depicted on such preliminary plan. Once a <br />preliminary plan has expired for any portion of the PUD, no development <br />shall occur within the expired portions of the PUD until: (i) a new <br />preliminary plan is approved by the Area Plan Commission at a public <br />hearing, notice of which shall be given in the same manner as for a <br />petition for zone map change; and, (i) a secondary approval, as required <br />by this Section, has been obtained. <br />(C) Secondary Approval -Secondary approval authority is hereby delegated <br />to the Executive Director. The Executive Director shall have a period of <br />not more than fifteen (15) business days in which to review the proposed <br />secondary approval application and either: <br />i. Render a decision of approval or denial concerning the secondary <br />approval; or <br />ii. Request, in writing, additional information from the applicant. If <br />additional information is requested, the Executive Director shall <br />have an additional period of fifteen (15) business days to review <br />the information from the date the requested information is <br />received. <br />The Executive Director may seek the advice and comment of the <br />Executive Committee of the Area Plan Commission or other Staff`' <br />members, as deemed appropriate, prior to making a decision. <br />Any decision of the Executive Director under this Article, maybe <br />appealed by any interested party to the Area Plan Commission in <br />accordance with the procedures of Section 21-OS (h), below. <br />Ord. No.: 9495-04 <br />
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