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 Chapter 21, Article 6.5 entitled "Historic Preservation Commission" of the South Bend Municipal Code ishereby re-numbered as Article 13 and shall be entitled "Historic Preservation Commission. Chapter 21, Article 8 entitled "Subdivisions" of the South Bend Municipal Code is hereby re-numbered as Article 14 and shall be entitled "Subdivisions". Chapter 21, Article 12 entitled "Floodplain Regulations" of the South Bend Municipal Code is not repealed and remains numbered as Article 12 and shall remain entitled "Floodplain Regulations". (g) Separability It is hereby declared to be the intention of the Common Council of the City of South Bend, Indiana, that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any such section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance because the same would have been enacted without the incorporation into this Ordinance of such unconstitutional or invalid section, paragraph, sentence, clause, or phrase. (h) Eminent Domain -United States of America or State of Indiana Owned Property Nothing in this Ordinance or in any rules, regulations, or orders issued pursuant to this Ordinance shall be deemed to restrict or regulate or to authorize any unit of government, legislative body, plan commission, or board of zoning appeals now or hereafter established, to restrict or regulate: (1) United States of America -the exercise of the power of eminent domain by the United States of America or by any department or agency of the United States of America, or the use of property owned or occupied by the United States of America or any department or agency of the United States of America; or, (2) State ofIndiana -the exercise of the power of eminent domain by the State of Indiana or by any agency of the State of Indiana, or the use of property owned or occupied by the State of Indiana or any agency of the State of Indiana. (For reference see Indiana Code 36-7-4-1104). Ord. No: 9495-04