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• <br /> Zoning and Annexation Committee <br /> October 22, 2003 <br /> Page 2 <br /> to discuss such proposed procedural issues in further detail. She noted that there are several <br /> Indiana communities which permit the legislative body to approve, approve as amended or reject <br /> zone map changes. She will continued to keep the Council updated on those discussion, as <br /> requested to do so by the Council President. <br /> Council Member Pfeifer noted that at a meeting held this week where approximately 30 citizens <br /> were present, it was made known that the proposed zoning ordinance would limit garage sales to <br /> three (3) per year. This prompted much discussion. She noted that Council Members live with <br /> their neighbors and that proposed policy changes like this are important and need to be highlighted <br /> and discussed. She noted that an article provided to the entire Common Council during budget <br /> hearings talked about the City Councils as being the last bastion where citizens have the <br /> opportunity to be heard, noting that it must be a forum to be carefully guarded. She voiced <br /> concern about limiting the role of the Council on zoning issues since they are essentially neighbor <br /> issues also. <br /> Mr. Valanzano stated that there are merits in the proposed system such as looking at whether the <br /> Plan Commission did there job and the new process being a time saver for the City Council to do <br /> other business. <br /> Council President White stated that concerns over enforcement are ongoing and the zoning <br /> ordinance must be a living document which requires time to review it. <br /> Mr. Fozo stated that the enforcement proposed is more solid than that in the current ordinance. <br /> Mr. Valanzano then reviewed the handout entitled "Typical Zoning District Format" (#2 handout <br /> attached). He noted that for each zoning district the format would include the same structure <br /> namely: a statement of intent, permitted uses, and development standards. Under the current <br /> ordinance a new rezoning is required when changing uses within a category. Under the proposed <br /> ordinance a change in use would be permitted with compliance to the proposed guidelines. Mr. <br /> Valanzano noted that commitments could also be used for extra protections, however only the <br /> Area Plan Commission would have the authority to establish what goes into the commitments, and <br /> only the Commission would have the authority to change or terminate the commitment. Mr. <br /> Valanzano noted that the Council could approve a rezoning based on what was certified in the <br /> commitments,however the Area Plan Commission could later terminate the commitment. <br /> Mr. Sante stated that when the new zoning map with the new zoning districts are approved, that <br /> any commitments in place would terminate. He further noted that any site plans currently in place <br /> would also be terminated with the passage of the new ordinance. <br /> Dr. Varner noted that one of the reasons given for proposing the new zoning ordinance is to make <br /> it more developer friendly, which he believes is a good idea. He inquired however about pre- <br /> existing non-conforming uses like the grandmother's apartment which is needed and in place in <br /> one of the homes in the District he represents. <br /> Mr. Sante stated that any legal non-conforming uses will continue, and illegal non-conforming <br /> uses would continue to be illegal. He added that commitments run with the land and are required <br /> to be recorded. <br /> Mr. Sante noted that at yesterday's Area Plan Commission meeting Hope Rescue Mission had a <br />