mending - Zoning ordinance Rezoning Procedures

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ORDINANCE NO. 5409 -72 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION 1. Article 7 of Chapter 21 of the Municipal Code of the City of South Bend, Indiana, is hereby amended in its entirety to read as follows: "ARTICLE 7. REZONING PROCEDURES "Sec. 21 -118. Rezoning Amendments: how initiated. An amendment may be presented to the Clerk of the Council requesting the rezoning of any area within the jurisdiction of the city by -- 1. The Area Plan Commission (referred to as the Commission in the remainder of this Article), or 2. Petition of the owners of fifty per cent (50 %) or more of the area involved in the petition. 3. A member of the Council. Additionally, the Council may direct the Commission to prepare a rezoning amendment and submit it to public hearing by the Commission within sixty (60) days after formal written request by the Council. "Sec. 21 -119. Amendment proposed by the Area Plan Commission In the case of an amendment proposed and recommended by the Commission, the Council has 60 days in which to adopt or reject said recommendation. If the Council has not adopted or rejected said recommendation within sixty (60) days after the Commission's recommendation, the amendment shall be deemed approved as recommended and the ordinance submitted with the petition shall have the force and effect of law." "Sec. 21 -120. Petition by Property Owners: Procedure In the case of a petition submitted by the owners of fifty per cent (50 %) or more of the area involved in such petition - 1. A petition to rezone shall be first received by the Council. Before any final action is taken by the Council, the petition shall be referred by them to the Commission for hearing, consideration and recommendation. 2. The petitioner should consult informally with the Executive Director of the Commission prior to preparation and submittal of a petition. 3. A petition shall be on the form provided, available in the City Clerk's office, and all petitions for Use Districts, other than "A ", "A -1 ", "B -1" and "C -2" (provision for site plans for these districts are provided for in the section of the zoning ordinance applicable to said use districts) and other than those originated by the Commission, unless they so require, shall be accompanied by an overall site development plan showing, but not limited to: gross acreage, proposed land uses, number, type and location of buildings, building heights, open space allocations, on -site parking provisions and parking ratios, street, setbacks, buffer strips, landscape planting areas, tabulated data giving the proposed number and type of units, proposed land coverage, floor and land areas by use.