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Home My WebLink About10094-11 Amend Code Chapter 21 Article 1 Sec. 21-01.03 Non- Conforming Lots Add New Section Defintion Ch.21 Art. 11 O RD I NAN C E N o . 10094-�� Passed by the Common Council of tl:e City of South Bend,Indiana June 13, 20 11 Attest: � Ciry Clerk JOHN VOO Attest: + President of Common Council Presented by me to the Mayor of the Cily of Soutlz Bend, Indiana June 14, 20 11 ` City Clerk JOHN OR Approved and signed by me �u n e 14 20 11 �`�� c,u Maynr r � OrdinanceNo. ��{,�`'�� AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1 BASIC PROVISIONS, SECTION 21-01.03 NONCONFORMING LOTS,USES, BUILDINGS, STRUCTURES OR SIGNS,TO ADD A NEW SECTION TO PROVIDE FOR CERTIFICATION OF LEGAL NONCONFORMING LOTS,USES,BUILDINGS, STRUCTURES OR SIGNS,AND TO AMEND AND ADD CERTAIN RELATED DEFINITIONS IN CHAPTER 21,ARTICLE 11. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the . City of South Bend that went into effect on May 7, 2004.Now that the ordinance has been in use, it has been determined that it is desirable to add a section to the ordinance to provide for certifying legal nonconforming lots, uses, buildings, structures and signs. 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 1, Basic Provisions, Section 21-01.03 Nonconforming Lots,Uses,Buildings, Structures or Signs, is hereby amended by replacing sub-section(b) with the following, new sub-section(b), and re-lettering the remaining sub-sections, as follows: (b) Certificate of Legallv Established Nonconformin�Use of Land. In order to nrotect the lawful nonconformin� status of a nonconforming lot use buildin� structure or sign. a person who owns or operates said nonconforming lot use buildin� structure or siQn shall request a Certificate of Le�ally Established Nonconformin Ug se of Land. The anplicant,prior to the issuance of the Certificate of Le�y Established Nonconformin�Use of Land, shall bear the burden of proof to demonstrate that the lot use buildin.e, structure or sign was le�lv established per the requirements of this section Submitted materials shall include, but not be limited to the followin • � a comnleted annlication on a form�roperlv si�ned and notarized by the owner of the subiect nropertv, and which submittal shall include at a minimum• le al descri�tion of the nropertv; a site location map• propertv tax identification number• townshin assessor nrot�ertv cards: recorded documents such as contracts liens or leases• E:\ORDINANCES�Zoning\South Bend�Drafted Amendments\NonConforming Use�AMD-TO-NEW-ORD NON_CONF.doc z • business records that provide insight into the establishment or continuin�use of the propertv; photo�raphic evidence; Department of Code Enforcement records• and � anv other information deemed appropriate bv the Zoning Administrator to determine the le�al status of the noncon orming lot use building structure or si�n as a lawful nonconforming use, and for the proper administration and enforcement of this Ordinance, such as but not limited to: lease and buildin�histories utilitX bills, citv directory listin�s, historical ads,building�ermits zonin�,and variance histories, affidavits, etc. � a fee, as established in Title 6 of the South Bend Municipal Code• (�)to� . fe}to� (�-}to� (�}to� �€}to� {�to� (�to� (�to� �to� �}to� (�}to� (�to� (�to� i � Section II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 1, Basic Provisions, Section 21-01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs, is hereby amended by deleting in its entirety sub-section(g) Discontinuation of Legally Established Nonconforming Uses of Land, and replacing it with a new subsection(g), as follows: � Discontinuation of Legallv Established Nonconformin�Uses of Land � If any legallv established noncon orming use of land other than a sin�le familX residence, is: �A,� abandoned for an�period of time; or, �B,� discontinued or otherwise vacant for more than twelve (12) consecutive months (excent when a probate related court order or �ovemment action impedes access to the premises), then anv subseauent use of such land shall conform to the provisions of this Ordinance � Anv violation of this subsection shall result in enforcement proceedin s under Section 21-10 of this Ordinance. Section III. Chapter 21, Zoning, of the South Bend Municipal Code,Article 11, Definitions, Section 21-11.02 Definitions, is hereby amended as follows by amending the definition of the term "Use": Use: The purpose or activity for which land , buildings or structures are designed;and arranged, e�-�e�e�or which land, buildings or structures are occupied or maintained. Section IV. Chapter 21, Zoning, of the South Bend Municipal Code,Article 11, Definitions, Section 21-11.02 Definitions, is hereby amended as follows by adding the definition of the term "Vacant": Vacant: A structure or lot that is not occupied or otherwise used for an allowable zoning activi . E:\ORDINANCES�Zoning\South Bend�Drafted Amendments\NonConforming Use�AMD-TO-NEW-ORD NON_CONF.doc . f , 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. Me ber of the Common Council Attes • City erk Presented by me to the Mayor of the City of South Bend,Indiana on the ( `�� day of ��,�,.s� , 2011, at I L"�1� o'clock_�._m. �.w�, C�rnn� Cityj lerk � �� Approved and signed by me on the /`�� day of ' �-�---- , 2011, at � =5�d o'clock�. m. -�t ./c�-r ..c.<<�s------ Mayor of the ' of South Bend, Indiana Fil�d �� I�rk's Office 1 st READ�NG l"� �-`�1 �� Q�� l PJBLIC ��rit�G �-C3_�l 4s S�S�-�� CITYCl�q N VQQRD� i 3rd READWG �-13-�� 4.s su.�s��a� �•��uTMI��t�, r�� NOT A�PROVED REfERRED I��P' (-��L-'"�� PASSED (a_�3—(1 G�S S t,tJ�J�� TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 01-11 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1 BASIC PROVISIONS, SECTION 21-01.03 NONCONFORMING LOTS, USES, BUILDINGS, STRUCTURES OR SIGNS, TO ADD A NEW SECTION TO PROVIDE FOR CERTIFICATION OF LEGAL NONCONFORMING LOTS, USES, BUILDINGS, STRUCTURES OR SIGNS, AND TO AMEND AND ADD CERTAIN RELATED DEFINITIONS IN CHAPTER 21, ARTICLE 11 Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. This bill was heard by the Zoning and Annexation Committee. Timothy Rouse Chairperson, Committee of the Whole � JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM I 140 COUNTY-CITY BLDG. S�UTH BEND.INDIANA 4b601 (574)235-9571 May 18,2011 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend,IN 46601 RE: An Ordinance of the Common Council of the City of South Bend,Indiana, amending Chapter 21 of the South Bend Municipal Code,Article 1 Basic Provisions, Section 21- 01.03 Noncoriforming Lots,Uses,Buildings,Structures or Signs,to add a new section to provide for Certification of Legal Nonconforming Lots,Uses,Building,Structures or Signs and to amend and add certain related defmitions in Chapter 21 Article 11 -APC#2582-11 Dear Council Members: I hereby Certify that the above referenced ordinance of Common Council of the City of South Bend, Indiana was legally advertised on Thursday,May 5,2011 and that the Area Plan Commission at its public hearing on Tuesday,May 17,2011 took the following action: Upon a motion by John McNamara,being seconded by Robert Hawley and unanimously carried, the Ordinance of the Common Council of the City of South Bend,Indiana, amending Chapter 21 of the South Bend Municipal Code,Article 1 Basic Provisions, Section 21-01.03 Nonconforming Lots,Uses,Buildings, Structures or Signs,to add a new section to provide for Certification of Legal Nonconforming Lots,Uses,Building,Structures or Signs and to amend and add certain related definitions in Chapter 21 Article 11,as amended,is sent to the Common Council with a favorable recommendation.This ordinance establishes a formal process for the review and certification of legal non-conforming uses,allowing the Building Department to collect a wide range of information so as to make an informed decision. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading.T'he amended Ordinance was legally advertised and heard by the Area Plan Commission. 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, � . hn W.Byorn' JWB jsc Attachment SERVING:ST.JOSEPH COUNTY,SOUTH BEND.LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,O5CEOLA&ROSELAND � � �wwwst�osephco�ntyindiana.com/Areaplan � Staff Renort APC# 2582-11 Owuer: Common Council of the City of South Bend, Indiana Location: Text Amendment Jurisdiction: City of South Bend Requested Action: An Ordinance of the Common Council of the City of South Bend, Indiana, amending Chapter 21 of the South Bend Municipal Code, Article 1 Basic Provisions, Section 21-01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs, to add a new section to provide for Certification of Legal Nonconforming Lots, Uses, Buildings, Structures or Signs, and to amend and add certain related Definitions in Chapter 21, Article 1 l. Additional information: The proposed amendment esta.blishes a more formalized procedure that determines whether a property can qualify as a legally established nonconforming use of land. The amendment proposes required and suggested submission materials, an application and fee, and the issuance of a certificate, if appropriate. Recommendation: Based on information available prior to the public hearing the staff recommends this petition be sent to the Common Council with a favorable recommendation. Analysis: This ordinance establishes a formal process for the review and certification of legal non- conforming uses, allowing the Building Department to collect a wide range of information so as to make an informed decision. Common Council of the City of South Bend, Indiana #2582-11 Page 1 of 1