Amending Chapter 21, Article 7, various sections - Rezoning Procedures to clarify final site plan rejection requirements

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ORDINANCE NO. U ~U~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 21, ARTICLE 7, REZONING PROCEDURES, OF THE SOUTH BEND MUNICIPAL CODE BY CLARIFYING FINAL SITE PLAN REJECTION REQUIREMENTS STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to clarify the South Bend Zoning Ordinance and to make it easier for the Area Plan Commission to monitor and record final site plans. The Common Council of the City of South Bend finds that it is desirable to make certain amendments to the final site plan requirements of the City's Zoning Ordinance. Now, Therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Article 7, Section 21-123 (e) is amended by adding the underlined words in the following section: (e) If the Area Plan Commission staff does not act on the final site plan or revised final site plan that meets all of the requirements for approval within forty-five (45) days after said site plan is submitted to the Area Plan Commission and so notify the petitioner of its action, such final site plan shall be deemed approved by the Commission staff unless the petitioner requests in writing to the Area Plan Commission additional time. Section II. Chapter 21, Article 7, Section 21-121 be amended by adding the following new section (c) and relettering the subsequent section accordingly: ~) If a final site plan that was submitted to the Area Plan Commission staff prior to the expiration date of the rezoning does not meet the requirements for approval within thirty (301 days of the date of expiration of the rezoning, then the rezoning shall be deemed to have expired. Anew rezoning_petition must be filed if the petitioner wishes to obtain final site plan approval. Section III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 1st READING ' -~~ ~ p1 I PUBLIC HEARING' S~ 1 9 3rd READING3~~,9 / NOT APPROVED REFERRED G PASSEC3 8~ % 9 ggn,~1 /Nl1_ Member of the Common Council Fited to Clerk's office JAPE 1 4 1959 LOAETfA J. pUDA CRY CLEAt;, v0.8EtdC, Itti.