Amending Chapter 40 Section 40-8

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-2- 2. The City Council shall refer same to the Area Plan Commission for public hearing and recommendation. After public hearing the Area Plan Commission shall: a. Recommend approval as tendered; or b. Recommend approval subject to modification; or C. Recommend disapproval of the petition to rezone, subject to the site development plan. In the event the Area Plan Commission desires to recommend approval subject to modification, such modification must be accepted by the petitioner prior to recommendation by the Am a Plan Commission to the City Council. Where approval is recommended by the Area Plan Commission, the site development plan shall be certified by the seal of the Area Plan Commission. 3. The City Council will act on the proposed petition to rezone subject to the site development plan. 4. If the petition to rezone subject to the site develop- ment plan is approved by the City Council, a certified copy thereof shall be distributed to each of the following to insure compliance therewith: a. Area Plan Commission, b. Building Commissioner of South Bend, c. The petitioner. The Building Commissioner is thereafter authorized to issue a building permit in accordance with the site development plan for the rezoned property. 5. For any change, modification or amendment to the site development plan, the petitioner shall submit a request in writing to the Area Plan Commission setting same forth in detail. Where the change, modification or amendment involves enlargement or relocation of buildings or uses, or where the Area Plan Commission in its sole discretion believes it advis- able, the petitioner must file a new petition to rezone subject to the changed, modified or amended site development plan and same will be determined in accordance with the procedure here to- fore set forth. 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.