10-09-00 Council Meeting Minutes

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REGULAR MEETING OCTOBER 9.2000 Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, advised that this bill was initiated by the Area Plan Commission to add zoning districts to the location requirements of adult uses in the City zoning ordinance. The Area Plan Commission at its Public Hearing held on September 19, 2000, sent this petition to the Council with a favorable recommendation. He noted that this ordinance adds in the City's zoning code the "IP" Industrial Park district to those districts where adult uses have to be at least five hundred (500) feet away from the district. The City already has residential districts, office districts, business park and professional health care districts in this section of the ordinance. The bill also adds the County zoning districts "A" Agricultural districts, "O "office district, "O/B" Office/Business and `B" Business. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 71 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 3, NONCONFORMING USES, OF CHAPTER 21, ZONING, OF THE SOUTH BEND MUNICIPAL CODE BY REVISING AND ADDING REGULATIONS TO ALLOW FOR RECONSTRUCTION OF NON - CONFORMING SINGLE - FAMILY HOMES Councilmember Aranowski made motion to hear the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, advised that this bill was initiated by the Common Council to update the standards regulating the reconstruction of nonconforming single - family homes when destroyed by fire or other casualty or act of God. Mr. Byorni noted that based on information available prior to the Area Plan Commission Public Hearing, the staff recommended that this petition be sent to the Council with a favorable recommendation. The petition is similar to the County ordinance for the reconstruction of non- conforming single - family homes when destroyed by fire or other casualty or act of God. Although it is not normally a good idea to allow the reconstruction of non - conforming uses, in the City of South Bend there are many single family areas that are still improperly zoned commercial or industrial. Many of these areas have been rezoned, but there are still many areas that need to be rezoned. This ordinance will provide protection for these single family homes until they can be properly rezoned. Additionally, the Area Plan Commission, at its Public Hearing held on September 19, 2000, sends this bill to the Council with a favorable recommendation. Mr. Byorni noted that this ordinance is similar to the County ordinance and he feels that it is necessary and would eliminate the need for individuals to have to rezone in order to sell or secure mortgages. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this