HomeMy WebLinkAbout10109-11 Amend Code - Subdivisions - Chapter 21 Article 9; Section 21-09.03; Article 14, Sections 21-14.04; 21-15.05; 21-14.06; 21-14.09ORDINANCE No. ,o,os -„
Passed by the Common Council of the City of South Bend, Indiana
Attest:
Attest:
August 8, 20 11
Presented by me to the Mayor of the City of South Bend, Indiana
Approved and signed by me
August 9,
August 9
20
11
Z0 11
City Clerk
•esident of Common Council
City Clerk
Mayor
Ordinance No. l v L oLiL
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE,
ARTICLE 9 ADMINISTRATION, SECTION 21 -09.03 BOARD OF ZONING APPEALS
AND ARTICLE 14, SUBDIVISIONS, SECTIONS 21 -14.04 MINOR SUBDIVISIONS, 21-
14.05, MAJOR SUBDIVISIONS, 21- 14.06, SUBDIVISION REPLATS, AND 21- 14.09(b)
VARIANCES.
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. Changes in State Statutes (House
Enrolled Act 13 11) that became effective on July 1, 2011 necessitate amendments to the City's
zoning and subdivision regulations.
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 -09.03 Board of Zoning Appeals, is hereby amended by replacing sub - section (d) with
the following, new sub - section (d), as follows:
(d) Conditions.
The Board of Zoning Appeals, in connection with its making of a favorable
recommendation, unfavorable recommendation or no recommendation to the Common
Council regarding the approval of a special exception use, may recommend that the
Common Council impose certain reasonable conditions as a part of the Common Council's
approval of any special exception use.
Such conditions may include any reasonable site, development, operational standards,
performance standards, requirements, and restrictions (including duration of approval)
deemed necessary to ensure compliance with the Findings of Fact determinations.
The Board o Zoning Appeals, in connection with its approving a variance from the
development standards (such as height, bulk, or areal of the zoning ordinance may impose
reasonable conditions as part of the Board's approval.
Section II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14, Subdivisions,
Section 21- 14.04, Minor Subdivisions, is hereby amended as follows:
(c) Minor subdivision review, appeal and approval procedure
(5) Notice of Committee's action. Within ten (10) five 5 days after the Committee's
action on the subdivision, the Staff shall provide all interested parties with a copy of
the findings of fact and decision signed by the Secretary of the Committee, and notify
them in writing of their right to appeal the Committee's decision to the Commission.
Appeals shall be in writing, state the reason for the appeal and shall be filed within
five (5) days of the date of the notice by the Secretary
(6) If no appeal has been filed:
(A) If the subdivision for which secondary approval has been requested, received
primary approval by the Committee, no appeal has been filed within ten (10) five
U days of the date of the notice of the Committee's action, and all modifications
or conditions placed upon the subdivision by the Committee, if any, have been
complied with or corrected, the Staff shall give secondary approval to the
subdivision and affix the Commission's seal and certificate of approval on the
original drawing and record the subdivision per section 21- 14.04(c(10).
(B) If the subdivision for which secondary approval has been requested, received
primary approval by the Committee, no appeal has been filed within ten (10) five
LQ days of the date of the notice of the Committee's action, and all modifications
or conditions placed upon the subdivision by the Committee, if any, have not been
complied with or corrected within two years, the Staff shall deny secondary
approval to the subdivision. The Staff shall provide written notice to the
subdivider signed by the Secretary of the Committee, which sets forth its reasons
for disapproval, and release the original drawing of the subdivision to the
registered land surveyor who prepared it.
(C) If the subdivision was denied primary approval by the Committee and no appeal
has been filed within 0) five 5 days of the notice of the Committee's action,
the Staff shall release the original drawing of the subdivision to the registered
land surveyor who prepared it.
(7) If an appeal has been filed. If an appeal has been filed within tern (10) five 5 days of
the date of the notice of the Committee's action, the Staff shall announce the date,
time and place of the meeting at which the Commission shall consider the
subdivision, and shall give due notice in writing to all interested parties at least ten
(10) days before the date set for the hearing. The Staff shall prepare a report with a
recommendation for Commission consideration.
Section III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14, Subdivisions,
Section 21- 14.05, Major Subdivisions, is hereby amended as follows:
(d) Major subdivision; primary review, appeal and approval procedure
(5) Notice of Committee's action. Within ten (10) five 5 days after the Committee's
acting on the subdivision, the Staff shall provide the subdivider with a copy of the
findings of fact and decision, signed by the Secretary of the Committee, and notify all
interested parties of the Committee's decision and their right to appeal the
Committee's decision to the Commission. Appeals shall be in writing, state the reason
for the appeal and shall be filed within five (5) days of the date of the Committee's
action on the subdivision.
(6) If no appeal has been filed:
(A) If the subdivision received primary approval by the Committee, and no appeal has
been filed within ten (10) five 5 days of the date of the netiee 0 Committee's
action, the Staff shall affix the Commission's seal and certificate of approval on
the original drawing and one copy of the original drawing. The original drawing
shall then be released to the subdivider's registered land surveyor and the copy of
the original drawing shall be retained in the files of the Commission.
(B) If the subdivision was denied primary approval by the Committee and no appeal
has been filed within ten (10) five 5 days of the nefiee -e€ Committee's action, the
Staff shall release the original drawing of the subdivision to the registered land
surveyor who prepared it.
(7) If an appeal has been filed. If an appeal has been filed within ten (10) five 5 days of
the date of the netiee of Committee's action, the Staff shall place the subdivision on
the agenda of the Commission's first available meeting, mail due notice in writing to
all interested parties at least ten (10) days before the date set for hearing and give
notice of the hearing by publication in accordance with IC 5 -3 -1. The Staff shall
prepare a report with a recommendation for Commission consideration.
Section IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14, Subdivisions,
Section 21- 14.06, Subdivision Replats, is hereby amended as follows:
(c) Subdivision replat; review, appeal and approval procedure
(5) Notice of Committee's action. Within ten (1-0) five 5 days after the Committee's
actions on the subdivision replat, the Staff shall provide all interested parties with a
copy of the findings of fact and decision signed by the Secretary of the Committee,
and notify them in writing of their right to appeal the Committee's decision to the
Commission. Appeals shall be in writing, state the reason for the appeal and shall be
filed within five (5)days of the date of the notice by the Secretary.
(6) If no appeal has been filed:
(A) If the subdivision replat for which secondary approval has been requested,
received primary approval by the Committee, no appeal has been filed within ten
04D) five 5 days of the date of the notice of the committee's action, and all
modifications or conditions placed upon the subdivision replat by the Committee,
if any, have been complied with or corrected, the Staff shall give secondary
approval to the subdivision replat and affix the Commission's seal and certificate
of approval on the original drawing, and record the subdivision replat per section
21- 14.06(c)(10).
(B) If the subdivision replat, for which secondary approval has been requested,
received primary approval by the Committee, no appeal has been filed within ten
f" five 5 days of the date of the notice of the Ceommittee's action, and all
modifications or conditions placed upon the subdivision replat by the Committee,
if any, have not been complied with or corrected, the Staff shall deny secondary
approval to the subdivision replat. The Staff shall provide written notice to the
subdivider signed by the Secretary of the Committee, which sets forth its reasons
for disapproval, and release the original drawing of the subdivision replat to the
registered land surveyor who prepared it.
(C) If the subdivision replat was denied primary approval by the Committee and no
appeal has been filed within ten (10) five 5 days of the notice of the Committee's
action, the Staff shall release the original drawing of the subdivision replat to the
registered land surveyor who prepared it.
(7) If an appeal has been filed. If an appeal has been filed within tell (10) five 5 days of
the date of the notice of the Committee's action, the Staff shall announce the date,
time, and place of the meeting at which the Commission shall consider the
subdivision, and shall give due notice in writing to all interested parties at least ten
(10) days before the date set for the hearing. The Staff shall prepare a report with a
recommendation for Commission consideration.
Section V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14, Subdivisions,
Section 21- 14.09, Administration, is hereby amended as follows:
(b) `mss - Waivers
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Should the subdivider clearly demonstrate that because of peculiar physical
conditions pertaining to his land or particular design considerations to enhance the
development of his land the literal enforcement of one or more of the regulations of
this chapter is impracticable or will exact undue hardship, the Committee or
Commission may permit such waiver or waivers that may be reasonable and within
the general purpose and intent of the rules, rewulations and standards established by
this chapter.
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. �k
Member o e ommon Council
Attest-
`�;ity lerkk
Presented by me to the Mayor of the City of South Bend, Indiana on the_L!!I_day of
2011, at--1 L.w o'clock-P, .-m.
City C&k I ay-4-\
Approved and signed by me on the day of Ulwo , 2011, at
��
' J o'clock. M.
1 St READING 7 - t-S - k k
PUBLIC HEARING ? -rcA�
3 rd READING k
NOT APPROVED
REFERRED
PASSED -�-�`
Mayor of the City/of outh Bend, Indiana
Filed in -off icr
4
JUL 2 0 2ii11
JOHN V0- r•nr
CITY CLERK, SOUTH UF;; 'n
'
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
46 -11 A BILL OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF
THE SOUTH BEND MUNICIPAL CODE, ARTICLE 9
ADMINISTRATION, SECTION 21 -09.03 BOARD OF
ZONING APPEALS AND ARTICLE 14, SUBDIVISIONS,
SECTIONS 21 -14.04 MINOR SUBDIVISIONS, 21- 14.05,
MAJOR SUBDIVISIONS, 21- 14.06, SUBDIVISION
REPLATS AND 21 -14.09 (b) VARIANCES
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 1 140 COUNTY -CITY BLDG. SOUTH BEND. INDIANA 46601 (574) 235 -9571
June 29, 2011
Derek D. Dieter, President
South Bend Common Council
Fourth Floor, County -City Building
227 W. Jefferson Boulevard
South Bend, IN 46601
RE: Area Plan Commission Initiated Petition to Amend the Zoning and Subdivision
Ordinances to Reflect Recent Changes in State Statutes
Dear Mr. Dieter:
The attached ordinance is in response to changes in State Statutes that are effective as of
July 1, 2011.
Section I of the proposed ordinances amends the section of the zoning ordinance that
deals with powers of the Board of Zoning Appeals. The Board now has the right to put
conditions upon the approval of variances.
The remaining sections of the proposed ordinance will amend Article 14 of the zoning
ordinance which is commonly known as the subdivision control ordinance. The new State
Statutes changes the time frame for appealing subdivisions from 10 days to five days.
The new Statutes also allows the Plan Commission the right to grant waivers from some
of the requirements of the ordinance. The Commission previously granted variances.
Please place this item on the Council's July 2-,011 agenda for First Reading. The Area
Plan Commission will schedule this ordinaii;;e for public hearing on July 19, 2011.
If you have any questions, please feel free to contact me.
Sincerely,
"--� w
John W. By J
Filed in Clerk's Office
JILL 2 0 2011
JOHN VOORDE
CITY CLERK, SOUTH BEND, IN
SERVING: ST. JOSEPH COUNTY. SOUTH BEND. LAKEVILLE, NEW CARLISLE. NORTH LIBERTY. OSCEOLA & ROSELAND
www. stjosephcountyindiana .com /Areaplan
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (S74) 235 -9571
July 20, 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 9 Administration, Section 21 -09.03
Board Of Zoning Appeals And Article 14, Subdivisions, Sections 21 -14.04 Minor
Subdivisions, 21- 14.05, Major Subdivisions, 21- 14.06, Subdivision Replats, And 21-
14.09(B) Variances, City of South Bend. - APC# 2598 -11
Dear Council Members:
I hereby Certify that the above referenced ordinance of was legally advertised on Thursday, July
7, 2011 and that the Area Plan Commission at its public hearing on Tuesday, July 19, 2011 took
the following action:
Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously
carried, the proposed ordinance Initiatied by the Area Plan Commission, Amending
Chapter 21 of the South Bend Municipal Code, Article 9 Administration, Section 21-
09.03 Board Of Zoning Appeals And Article 14, Subdivisions, Sections 21 -14.04
Minor Subdivisions, 21- 14.05, Major Subdivisions, 21- 14.06, Subdivision Replats,
And 21- 14.09(B) Variances, City of South Bend is sent to the Common Council with
a favorable recommendation. These amendments are in response to House Enrolled
Bill 1311, which included numerous changes to the state planning and development
statutes.
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,
W 4yFt�.
/�. Byornl
JWB:jsc
Attachment
SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND
www. stjosephcountyindiana .com /Areaplan
Staff Report
APC # 2598 -11
Owner: APC Initiated
Location: Text Amendment
Jurisdiction: City of South Bend
Requested Action:
The requested action is a text change, amending Chapter 21 of the South Bend Municipal Code,
Article 9 Administration, Section 21 -09.03 Board Of Zoning Appeals and Article 14,
Subdivisions, Sections 21 -14.04 Minor Subdivisions, 21- 14.05, Major Subdivisions, 21- 14.06,
Subdivision Replats, and 21- 14.09(B) Variances.
Additional information:
Section I of the proposed ordinance amends the section of the zoning ordinance pertaining to the
powers of the Board of Zoning Appeals. State statutes now give the Board the authority to place
conditions upon the approval of variances.
Sections II, III, and IV change the time frame for appealing subdivisions from 10 days to five
days. Section V authorizes the Plat Committee or the Plan Commission the right to grant waivers
from requirements of the subdivision ordinance.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the
amendments of the City of South Bend Zoning Ordinance be forwarded to the City of South Bend
Common Council with a favorable recommendation.
Analysis:
These amendments are in response to House Enrolled Bill 1311, which included numerous
changes to the state planning and development statutes.
APC Initiated
#2598 -11
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