Replacing a New Chapter 21, Article 6, Section 21-06.03 Entitled Northeast Neighborhood Zoning Overlay District

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Ordinance No. L 31R-4 C AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION ON BEHALF OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,REPEALING CHAPTER 21,ARTICLE 6, SECTION 21-06.03 NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT OF THE SOUTH BEND MUNICIPAL CODE, AND REPLACING IT WITH A NEW CHAPTER 21,ARTICLE 6, SECTION 21-06.03 ENTITLED NORTHEAST NEIGHBORHOOD ZONING OVERLAY DISTRICT. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect in May 2004. A subsequent amendment in 2011 established the Northeast Neighborhood Development Area (NNDA) Overlay Zoning District. On November 10, 2014 the Redevelopment Commission adopted Resolution#3255 modifying and confirming a declaratory resolution and amendment to the Development Plan for the Northeast Neighborhood Development Area. Resolution#3255 expanded the NNDA by incorporating adjacent Development Areas, creating the River East Development Area. Section 21-06.03 was only intended to address the original boundaries of the NNDA. In addition, practical applications in the construction of new homes in the NNDA on existing and replated lots has required the need to clarify and update a number of development standards and definitions so as to meet current terminology and lessen confusion. NOW, THEREFORE,be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Overlay and Special Use Districts, Section 21-06.03 Northeast Neighborhood Development Area Overlay Zoning District is hereby repealed in its entirety and replaced with a new Article 6 Overlay and Special Use Districts, Section 21-06.03 Northeast Neighborhood Overlay Zoning District, as follows: Sec.21-06.03 Northeast Neighborhood Overlay Zoning District Notwithstanding any provision elsewhere in the South Bend Zoning Ordinance ("hereafter referred to as "SBZO") to the contrary, all new development within the Northeast Neighborhood Zoning Overlay District("hereafter referred to as "NNZO") shall be subject to the following regulations. In the case of conflict between the provisions of this NNZO and other provisions of the SBZO, the provisions of this NNZO shall control.