01-28-04 Zoning & Annexation - Laserfiche WebLink

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V Zoning and Annexation Committee January 28, 2004 Page 2 Council Member Coleman noted that it appears that the citation procedure permits more room for settlement and addressing the violation more directly. John Byorni stated that it appears that what is being proposed is that q B and 5 C on page 6 under enforcement be deleted. Ms. Nash then raised concerns with regard to the role of the Board of Zoning Appeals as addressed on page 6 of the draft ordinance, noting that the BZA may interpret but that the courts make decisions, since a violation must be proven in court. Ms. Bruecker noted that she has spoken to the consultant from Baker and Daniels with regard to "trailers"as currently addressed on page 3 under"Enforcement", § 21-10(0(4)(A). She added that Don Fozo may be able to address whether trailers are addressed under the "RV section", but there is no definition of"recreational trailer"and a"utility trailer". Council Member Puzzello questioned the language on page 3, § 21-10 (0(3), regarding "outdoor storage". An example was given of an old school bus having trash stored within it. Ms. Bruecker stated that § 16-53 of the South Bend Municipal Code would address that problem, rather than the zoning code. Ms. Bruecker and Ms. Nash stated that they would meet and send by email their proposed amendments to the Council Attorney for further discussion at the Zoning and Annexation Committee meeting next Monday. Both noted that they would be unable to attend the Monday Committee meeting. Ms. Bruecker noted that she requested that the limitations on garage sales be included in the draft ordinance. She noted that it permits three (3), and suggestion that it be included in light of the many complaints which her department has received. Council Member Kelly noted that he is aware of at least one location where it is almost a continuing garage sale when the weather is good. He noted however that he has not received complaints about it. Council Member Kirsits voiced concerns about the proposed flag regulations in the draft ordinance. He referred to pages 1-2 under"Exempt Signs", § 21-07.03. He stated that it requires a "set of flags". He noted that Holy Cross School is investing $3 million in a new addition. In order for the school to fly a school and/or religious flag, they would first be required to have three (3) separate flag poles for a United States flag, an Indiana State flag, and a City of South Bend flag before they could fly a school and/or religious flag. Council Member Kirsits questioned the wisdom of this entire provision noting that there are many establishments such as the LaSalle Grill and Fiddlers Pub in the downtown who fly many flags which are attractive. He questioned why we would force people to fly all of these flags including a City Flag;noting that the regulations are far too restrictive. He questioned the additional cost which would be involved to install four (4) flag poles in order to fly a school and/or religious flag. Ms. Bruecker noted that she did not have input on the flag regulations and agreed that they are too restrictive as proposed. It was further noted that the small decorative flags which are seen in many neighborhoods are also not exempt from the restrictions, noting that many of These flags have