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Home My WebLink About86-17 Zoning Enforcement LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith D�p.t Direst., q'ARPEAPLLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CIT1" BUILDING, SOUTH BEND, INDIANA +6601 (S7+) 233-9571 December 6, 2017 Honorable Common Council 41h Floor, County-City Building South Bend, IN 46601 RE: Text Amendment RE: Zoning Enforcement APC# 2851-17 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 0 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 J 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 MUNICPAL CODE, ARTICLE 10 ENFORCEMENT BY ADDING THE AREA PLAN COMMISSION TO THE DESIGNATED ENFORCEMENT STAFF. STATEMENT OF PURPOSE AND INTENT Historically the Building Commissioner has also served as the Zoning Administrator for the City of South Bend. The Building Department has provided the appropriate staff functions associated with the responsibilities, including but not limited to Zoning Enforcement. Throughout the state, these responsibilities are usually assigned to the Plan Commission 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. Some enforcement activities may still need to be enforced by the Building Department.As such,various changes to the South Bend Zoning Ordinance need to be amended to appropriately 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 10 Enforcement, Section 21-10(a) Authority, is hereby amended as follows: The Building Department of the City of South Bend,the Department of Code Enforcement of the City of South Bend, the Area Plan Commission of St. Joseph County, and the Staff of Beth each departments are hereby designated to enforce the terms and provisions of this Ordinance in accordance with Indiana law. SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 10 Enforcement, Section 21-10(f)Violations, is hereby amended as follows: Subject to the provisions of Section 21-01.03 —Nonconforming Lots, Uses, Buildings, Structures or Signs, each of the following shall constitute a zoning violation which may be enforced by the Building Department, the Area Plan Commission or the Department of Code Enforcement in accordance with the provisions set forth in Section 21-10 (g) below: SECTION III. Chapter 21,Zoning, of the South Bend Municipal Code, Article 10 Enforcement, Section 21-10(f) Violations, is hereby amended as follows: The primary enforcement responsibility for Items (2)and (8)above shall be the vested with the Building Department, provided however,the Department of Code Enforcement or the Area Plan Commission may also initiate enforcement of these matters. The primary enforcement responsibility for Items (3), (4) and (6) shall be vested with the Department of Code Enforcement, provided however,the Building DepaFtffient or-.4rea Plan Commission may also initiate enforcement of these matters. The f t responsibility f;ar-items it) icy (7) (9) an (1 0)shall be vested in hAth the Buildiflg D «t. t the 710pa ft,� t Cede 1 F t a l� tL Z_ °cpzcrcrncir�cn��cPurcmcircvrcvc�cziirvi-ccirr°circucrcr-oozcr yr depaFtment may initiate enfer-eement ef these matter-s. The Zoning Administrator and his or her designee shall be responsible for enforcing against all other zoning violations set forth above; provided, however,that the Department of Code Enforcement and Building Department shall also be authorized to initiate enforcement, at their discretion. SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code,Article 10 Enforcement, Section 21-10(h) Fines, subsection(4), is hereby amended by adding a new subsection(B) as follows: (B) If enforcement action was initiated by the Area Plan Commission, all fines thus received shall be deposited with the applicable fund for fines of the Area Plan Commission. Section V. 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 LAWRENCE P. MAGLIOZZI 1:XECU'nVL DIRLCIOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON LVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (S 74) 235-9571 December 6, 2017 Honorable Common Council 41h Floor, County-City Building South Bend, IN 46601 RE: Text Amendment RE: Zoning Enforcement APC# 2851-17 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 CC: Bob Palm SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.ST]O S E P H C O U N T Y I N D I A N A.C O M I A R E A PLAN ORDINANCE NO. AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICPAL CODE, ARTICLE 10 ENFORCEMENT BY ADDING THE AREA PLAN COMMISSION TO THE DESIGNATED ENFORCEMENT STAFF. STATEMENT OF PURPOSE AND INTENT Historically the Building Commissioner has also served as the Zoning Administrator for the City of South Bend. The Building Department has provided the appropriate staff functions associated with the responsibilities, including but not limited to Zoning Enforcement. Throughout the state, these responsibilities are usually assigned to the Plan Commission 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. Some enforcement activities may still need to be enforced by the Building Department.As such,various changes to the South Bend Zoning Ordinance need to be amended to appropriately 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 10 Enforcement, Section 21-10(a) Authority, is hereby amended as follows: The Building Department of the City of South Bend,the Department of Code Enforcement of the City of South Bend, the Area Plan Commission o St. Joseph County, and the Staff of beth each departments are hereby designated to enforce the terms and provisions of this Ordinance in accordance with Indiana law. SECTION II. Chapter 21,Zoning, of the South Bend Municipal Code,Article 10 Enforcement, Section 21-10(f)Violations, is hereby amended as follows: Subject to the provisions of Section 21-01.03—Nonconforming Lots, Uses, Buildings, Structures or Signs, each of the following shall constitute a zoning violation which may be enforced by the Building Department,the Area Plan Commission, or the Department of Code Enforcement in accordance with the provisions set forth in Section 21-10 (g) below: SECTION III. Chapter 21,Zoning, of the South Bend Municipal Code,Article 10 Enforcement. Section 21-10(f)Violations, is hereby amended as follows: The primary enforcement responsibility for Items (2)and (8) above shall be the vested with the Building Department, provided however,the Department of Code Enforcement or the Area Plan Commission may also initiate enforcement of these matters. The primary enforcement responsibility for Items (3), (4) and (6) shall be vested with the Department of Code Enforcement,provided however, the Building Papa tfnent^r Area Plan Commission may also initiate enforcement of these matters. Th +r-espensibility for items it) (5) (7) (9) an t-rim shall be V@stea ;n b8th the Building DepaAfnefit,the DepaAment of Code Enfer-eement and both depat4ment may initiate enfereement of these mattefs, of eithef The Zoning Administrator and his or her designee shall be responsible for enforcing against all other zoning violations set forth above; provided, however,that the Department of Code Enforcement and Building Department shall also be authorized to initiate enforcement, at their discretion. SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code,Article 10 Enforcement, Section 21-10(h) Fines, subsection (4), is hereby amended by adding a new subsection (B)as follows: (B) If enforcement action was initiated by the Area Plan Commission, all fines thus received shall be deposited with the applicable fund for fines of the Area Plan Commission. (B)_LQ (q�m Section V. 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 LAWRENCE P. MAGl. IOZZI G SE('UT1VC DIRPC I'bl( Angela M. Smith D,putp Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. IF:FFF.RSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH REND, INDIANA 46601 (574)235-9571 Wednesday,December 20,2017 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: An Ordinance initiated by the Area Plan Commission of St.Joseph County amending Chapter 21 of the South Bend Municipal Code,Article 10 Enforcement by adding the Area Plan Commission to the designated enforcement staff. -APC#2851-17. Dear Council Members: I hereby Certify that the above referenced ordinance of the Area Plan Commission was legally advertised on December 10,2017 and that the Area Plan Commission at its public hearing on December 19,2017 took the following action: Upon a motion by John McNamara, being seconded by Robert Hawley and unanimously carried,a proposed ordinance initiated by the Area Plan Commission is sent to the Common Council with a FAVORABLE recommendation. Updating the ordinance to allow the Area Plan Commission to enforce the Zoning Ordinance is consistent with the duties and responsibilities of the Zoning Administrator. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely, Lawrence P. Magliozzi 7 Attachment SERVING ST. JOSEPH COUNTY, SOUTH REND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND W W W.SIC 1 N DI AN A.0 0 M 1106111 e.-P1- Staff Report 12/5/2017 APC# 2851-17 Owner: Initiated by the Area Plan Commission Location: TEXT AMENDMENT Jurisdiction: City of South Bend Public Hearing Date: 12/19/2017 Requested Action: A proposed text amendment initiated by the Area Plan Commission to add the Area Plan Commission as an enforcement agent within the City of South Bend. Staff Comments: The proposed changes to Chapter 21,Article 10 Enforcement are proposed: • Update subsections (a) and(f)to include the Area Plan Commission as an authorized enforcement agency; • Update subsection (f)to transfer primary enforcement responsibility of several types of violations to the Area Plan Commission as the Zoning Administrators and remove the Building Department from some responsibilities • Retains enforcement provisions of the Department of Code Enforcement • Allows the Area Plan Commission to collect fines associated with zoning violations Recommendation: Based on information available prior to the public hearing,the staff recommends this text amendment be sent to the Common Council with a favorable recommendation. Analysis: Updating the ordinance to allow the Area Plan Commission to enforce the Zoning Ordinance is consistent with the duties and responsibilities of the Zoning Administrator. APC 9 2851-17 Page 1 of 1