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Home My WebLink About10570-17 Transfer of Zoning Administration and Updating Procedures ORDINANCE No . 10570-17 Passed by the Common Council of the City of South Bend, Indiana January 08, 20 18 Attest: City Clerk Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 08, 20 18 City Clerk Approved and signed by me J 20 i �/ Mayor BILL NO. 85-17 ORDINANCE NO. 10570-17 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 1. 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 efAil=e*y. Tom-it shall be filed in the office of the City ciCii, Room 455 County Civy Building South Bend, t„dia.,a 46601 Area Plan Commission, along with all the required documents as outlined in the application adopted by the Area Plan Commission a-pFopesed4orm of re$ d;.,,a., o .. 8 1/2" x � 1r " paper-, and ee o e le4en Said d' h 11 1 th all re t� to f el„di. h„t vrLzxrxiffrcc�zicrrcvrizpr`j-=drrcrr-cclrrcq'air°cirr°cirro-c�i�cv-zvrm�in eluding .,.,.. not limited t$haviirg a"Statement i of Purpose ei#.”Said knevin address h of the „h; et property, well as the Co .,.il Distfict within vAi:ie1, the subjeetpr6pei4y is leeatod The petit;. ne f shall inel„de with said filing aATitten lint< .hieh sets fn.•th all ofth V1L11{All Vl L11V addresses and+w, key,, ,,,be-s of all p pe fty o ,t l t ,1 , ,;thif thfee hundred feet (300') of the petifie e 1 pr-opefy. Notiee shall be given by the Ar .Plan r,,,. mis,ion to any „� inel> and/or are eent}gueuste the subJee#prepeA The not;tione shall file business size (No. #10) envelopes with pro paid postage >7 d,a a to 11 ..+ within+b, a a feet(300') of th-e petitioned p pelt ; and a laeation map (-'ref m,ailable) whieh is .1...,<.,,,. to sea4e of the petitioned 1 eAy and,„b,ie , elude street names p pAe a in 4 1/2” . 11" f;�.�t >~`.,,-all ,•o ,1s the Pefiti ner-shall file + (1 7) .1 site plans,--of (6) ,•11 be used b,!, Area Plan; and the remaining eleven(11) being used by the Gouneil xrr�c-vcncc �ccrsi� , cn�r��oTviirry and Clerk's Offlee f infefmational p ses ..„ly. Dequest� F Single Family Dis4iets shall be exempt ffem filing y site 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 "Unfinished Business"- seetion a on the Common Council's next meeting agenda. The Gon:unen C 1 b, 11 t-hten refer-said ,-t•f• fi to the G eil's the f;641 Couneil, and set the publie hearing date fer-the same, SECTION H. 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 Buil6fing Gommissiene Zonin Administrator of the City of South Bend, Indiana. The proposal shall be on the form(s)provided, available in the Office of the Zoning 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 Depai4me 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 Genu'^" Couneil in this Ordinanee 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 Zening Administfato 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. Tim Scott, Counci dent Member of the Common Council Attest: 0141�7- lem�� Karee N. Fowler, ity Jerk Office of the City Clerk Presented by me,the un&rsigned Clerk of the City of South Bend,to the Mayor of the City of South Bend, Indiana on the Uh day of 10-A IOky , 2018, at S,(30 o'clock m. K eemah N. Fowler, Ch Clerk Office of the City Clerk Approved and signed by me on the day of JOAUag4 2018, at Z o'clock 7�.m. Pete Buttigi , yor l l`'4-017 City of S th Bend,Indiana l�g�2ol� PASSED /�� LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith D,P,,Iy Di..� � qpREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 11+0 COUNTY-CITY 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 0 b 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 I A R E A P L A N