Amend Chapter 21, Article 7 - Zoning - the inclusion of new Section 21-130 entitled Use or Development written commitments

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BILL NO. ORDINANCE NO. g4~~,-Q~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 7, OF CHAPTER 21, ZONING, OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 21-130 ENTITLED USE OR DEVELOPMENT WRITTEN COMMITMENTS Statement of Purpose and Intent The purpose of this ordinance is to allow the Area Plan Commission to permit or require the owner of a parcel of real property to make a written commitment concerning the use or development of that parcel. Pursuant to Indiana Code 36-7-4-613 and 615, the Area Plan Commission is empowered to adopt rules which govern the creation, form, recording, modification, enforcement, notice and termination of commitments; and which would designate affected persons and classes of specially affected persons who would be entitled to enforce such commitments. The Common Council of the City of South Bend, Indiana, believes that it is necessary to make the proposed changes in order to promote efficient and orderly development of land throughout the City. NOW THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Article 7, Chapter 21, Zoning, of the South Bend Municipal Code is amended by the inclusion of new Section 21-130 entitled Use or Development Written Commitments which shall read in its entirety as follows: Section 21- 130 Use or Development Written Commitments. (a) The Area Plan Commission may permit or require the owner of a parcel of real property to make a written commitment concerning the use or development of that parcel pursuant to Indiana Code 36-7-4-608 et seq., when changes to the zoning map are proposed; and also when a PUD district ordinance is affected.