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

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Section 21-01.02 Zoning Districts and Zone Map (h) Zoning of Newly Annexed Land to the City of South Bend All real property annexed into the City of South Bend after the effective date of this Ordinance shall be considered zoned to the SF1 District of this Ordinance. In those instances in which the Owner of real property proposed for annexation into the City of South Bend desires annexation only if the zoning of the real property is zoned to a district other than SF1, such Owner may file a petition for zone map change which shall identify the real property and the requested district. Said petition shall be filed in compliance with the provisions of this Ordinance and any applicable procedures adopted by the Area Plan Commission. The Area Plan Commission shall consider the petition for zone map change and certify the petition for zone map change to the Common Council with a favorable recommendation, anunfavorable recommendation or no recommendation. The Common Council shall consider the request for annexation and zone map change at a combined hearing and shall determine the annexation question and zone map change under a single combined vote. The Area Plan Commission and Common Council shall have all powers delegated to them by Indiana Code 36-7-4-600 et seg., and this Ordinance in determining the zone map change. The Area Plan Commission shall not be obligated to recommend approval, nor shall the Common Council be obligated to approve a request for zone map change which, in the sole discretion of the Area Plan Commission or Common Council, is not consistent with the Comprehensive Plan, the purpose and intent of this Ordinance, or the requirements for the approval of a zone map change contained in this Ordinance and the Indiana Code. Ord. No.: 9495-04