mending - Zoning ordinance Rezoning Procedures

Home Browse Search

'PAGE'-FIVE. to the site development plan certified by the seal of the Commission is not commenced within twelve (12) months after the amendment to the zoning ordinance becomes law; provided, however, an extension of time not to exceed six (6) months may be granted if the Commission determines that the petitioner, or his successor in title, has diligently pursued the project. 5. In the case of a rezoning amendment submitted to the Council by the Commission and in the case of a petition submitted by property owners and recommended by the Commission to the Council for approval, if the Council rejects or amends the ordinance accompanying the amendment or petition then such amendment or petition shall be returned to the Commission for its consideration with a formal notification of and a written statement of the reasons for such rejection or amendment. A. if the Commission approves a Council amendment or fails to submit a report on an amendment within forty -five (45) days after formal notification from the Council, then the amended ordinance shall be effective as of the date of the recording of the Commission's approval or failure to act with the Council. B. If the Commission fails to submit a report on a Council rejection within forty -five (45) days after formal notification from the Council, then the ordinance shall be deemed rejected. C. If the Commission disapproves a Council amend- ment, then the amended ordinance shall be effective only if confirmed by a majority vote of the Council within forty -five (45) days after receipt of the Commission's report by the Council. D. If the Commission disapproves a Council rejection, then the original ordinance shall be deemed effective as law unless, within forty -five (45) days after receipt of the Commission's report by the Council, the Council confirms its rejection by majority vote. 6. The rezoning ordinance subject to the site development plan shall constitute a limitation on the use of the premises therein contained and shall be binding on all persons. 7. Any person who fails to conform to the provisions of the rezoning ordinance subject to the site development plan shall be ordered to cease and desist by the Building Commissioner and failing to do so, shall be required by the Commission to show cause, if any he has, why approval should not be withdrawn, his building permit revoked, and the original zoning classification reinstated. "Sec. 21 -121 Notice and Public Hearing. Before the Commission submits to the Council any petition for rezoning or a report on a proposed rezoning amendment requested by the Common Council, the Commission shall hold a public hearing on the same, notice of which shall be published in a newspaper of general circulation in the City of South Bend, Indiana, at least ten (10) days prior to the date set for such public hearing. Petitioners shall pay such processing and advertising costs as shall be established by the Commission."