The URL can be used to link to this page

Home My WebLink About85-17 Text Amendment: Transfer of Zoning Administration and Updating Procedures LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith D,puly Di... or q'ARPEAPLLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 II'. JEFFERSON BLVD., ROOM I I+O COUNTY-CITI BUILDING, SOUTH BEND, INDIANA +6601 (57+) 235-9571 December 6, 2017 Honorable Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: Text Amendment RE: Transfer of Zoning Administration and Updating Rezoning Procedures APC#2850-17 Dear Council Members: Enclosed in an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your December 11, 2017 Council meeting, and set it for public hearing at your January 8,2018 Council meeting. The petition is tentatively scheduled for public hearing at the December 19, 2017 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions,please feel free to contact our office. Sincerely, Angela M. Smith Deputy Director Filed in Clerk's Office CC: Bob Palm DEC 06 2017 KAREEMAH FOWLER CITY CLERK.SOUTH BEND,IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T I O S E P H C O U N T Y I N D I A N A.C O M/A R E A P L A N ORDINANCE NO. AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION OF ST JOSEPH COUNTY,AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 9 ADMINISTRATION TO UPDATE PROCEDURES FOR ZONE MAP AMENDMENT,VARIANCES, SPECIAL EXCEPTION USES,AND WRITTEN COMMITMENTS ASSOCIATED WITH AREA BOARD OF ZONING APPEALS APPLICATIOINS; ARTICLE 11 DEFINITIONS TO FURTHER DEFINE THE ZONING ADMINISTRATOR AS THE EXECUTIVE DIRECTOR OF THE AREA PLAN COMMISSION;AND ARTICLE 12 FLOODPLAIN REGULATIONS TO DESIGNATE THE BUILDING COMMISSIONER AS THE FLOODPLAIN ADMINISTRATOR. STATEMENT OF PURPOSE AND INTENT Historically the Building Commissioner has also served as the Zoning Administrator for the City of South Bend, with the Building Department providing the appropriate staff functions associated with these responsibilities. Throughout the state, these responsibilities are usually assigned to the planning staff.The Building Department and Area Plan Commission staffs have worked closely to establish a process and timeline by which these responsibilities will transfer to the Area Plan Commission on January 1, 2018. As such, various changes to the South Bend Zoning Ordinance need to be amended to accurately reflect responsibilities and procedures. 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 9 Administration, Section 21-09.05 (e) Zoning Ordinance Amendment Procedures, subsection (2)Zone Map Amendments, is hereby amended as follows: (A) A proposal for zone map change(s) (a/k/a rezoning petition) shall be eempleted in its entirety it shell be filed in the office of the City Clerk,, Reem 455 County G't Building, South Bend, indi ..., 46601 Area Plan Commission, along with all the required documents as outlined in the application adopted by the Area Plan Commission a-preposed of-rezeni 3g6r-dinanee en 8 1/2" x 11 and eever-lel4er. Said or-dinanee shall eemply with all r-equir-ements as to f; .m ineluding bu + 1' it d to having ., "Ste+e ffle.,t e f Pe a and 111tent " Said Di + t within hi h the ,bjeet p e+.ty is 1.. .,teal The et:t:.. e shall ineludewith said filing, ritte list which nets f f t Fth all „ e names, addresses and tax key number-s ef all pr-epefvy ewfler- (300') ef the petitie South Bend's Neighborhood Based Or-ganizations whose boundaries inelud "`lc ccr d/er are eentlgueus to the subjeet pfopertty. The Dotifie,,o, shall file business size (Ne #10) a elepes with n aid pestage addressed to all r pe ' e ..;thin three hundred feet(300') efthe petitioned ert, ,mod le t;e p (ifs ilable),.,b,ieL drawn to �, � LV ele efthe petit;ened r petty and..,b,ieh ; eludes +root names printed in Q 1 Q" ., 11" f rmat• er e F all pfoposals, t;the Detioner shall file seventeen (1 7) r sed site plans of.,,L.;..1, six (6)will be used by Afea Plan; and the femaining eleven (11) being used by the Geuneil and Gler-Ws Offi6e for-infefmatienal pufpeses eniy. Requests fnr Single Family Distr ets shall be pt ffe filing el: ite plans—The Staff shall prepare an Ordinance for Zone Map Amendment and forward it, along with the petition,to the Clerk. All fees required by the Office of the City Clerk shall be paid at time of filing. (G) Upon the Office of the City Clerk receiving a written certification on a proposed zoning ordinance from the Area Plan Commission pursuant to Indiana Code Section 36-7-4-605,the Office of the City Clerk shall list by Bill Number and commonly known address under- the "Unfinished Business" scetion of on the Common Council's next meeting agenda. The re..,.,men Ceuneil shall then refer said eert;fieetien to the Ce„r,e:l's Zoning�vLlndvAnnexation.,� .,.C^ �..-:,+ee f^V review and x,dtie,. to the full Getine:l and set the publie leafing date for-the SECTION II. Chapter 21,Zoning, of the South Bend Municipal Code,Article 9 Administration, Section 21-09.05 (f) Variance and Special Exception Procedures, is hereby amended as follows: (1) Petitions–Petitions for a variance of development standards or for a special exception use shall be filed in the office of the Zoning Administrator of the City of South Bend, Indiana. The proposal shall be on the form(s)provided, available in the Office of the Building Gemmissiener Zonin Administrator. SECTION III. Chapter 21,Zoning, of the South Bend Municipal Code, Article 9 Administration, Section 21-09.05 (g)Modification or Termination of Commitments, subsection (1) Form of Filing, is hereby amended as follows: (B) In the case of a modification or termination of commitments permitted or required by the Board of Zoning Appeals, such petitions shall be on forms provided by the Building Depetent Zoning Administrator of the City of South Bend. SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code,Article 11 Definitions, Section 21-11.02 Definitions, is hereby amended as follows: Zoning Administrator: The individual designated by the Gem men Go eil i this Or-dinanee as having the responsibility for the interpretation and administration of this Ordinance. The Executive Director of the Area Plan Commission is hereby designated as the Zoning Administrator. SECTION V. Chapter 21, Zoning, of the South Bend Municipal Code,Article 12 Floodplain Regulations, Section 21-12.04 Administration is hereby amended as follows: (1) Designation of Administrator. The Common Council of the City of South Bend, Indiana hereby appoints the oning dministr- to Building Commissioner to administer and implement the provisions of this Article and is herein referred to as the Floodplain Administrator. SECTION VI. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock M. City Clerk Approved and signed by me on the day of 2 at o'clock M. Mayor, City of South Bend, Indiana