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HomeMy WebLinkAbout8596-95 Amending Chapter 21 Zoning of the City South Bend Delating & Replacing Article 7 ORDINANCE No. 8596-95 Passed by the Common Council of the City of South Bend, Indiana. May 22, 1995 t: City Atres . y Clerk IRENE K. GAMMON Attest: `me - ��% President of Common Council / Presented by me to the Mayor of the City of South Bend, Indiana— May 23, 1995 City Clerk IRENE K. GAMMON Approved and signed by me S,.z`� 1995 ufG`- Mayor • Bill No. /45 APC No. Ordinance No. Eq6)-66 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, DELETING AND REPLACING ARTICLE 7, REZONING PROCEDURES AND BY ADDING TO AND MAKING CERTAIN OTHER REVISIONS TO THE ZONING ORDINANCE. Whereas, the City of South Bend has endeavored to promote the health, safety and general welfare of the City through zoning regulations; and Whereas, the City of South Bend has determined that in order to promote efficient and orderly land development in the City, and in order to expedite the site plan approval process while at the same time ensuring that the interests of surrounding property owners are adequately protected, and in order to make certain other changes in the Zoning Ordinance in accordance with state statutes, the repeal and replacement of Article 7, Rezoning Procedures, of Chapter 21, Zoning, of the Municipal Code of the City of South Bend along with certain other related revisions is necessary: NOW THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section 1. That CHAPTER 21, ZONING, ARTICLE 1 GENERAL PROVISIONS, Section 21.1 (a) , Definitions, of the Municipal Code of the City of South Bend be amended by adding the following definition to read as follows: Sec. 21-1. (a) . Definitions (101a) Site Plan Committee means the Committee of the Area Plan Commission responsible for determining whether a site plan complies with certain portions of this Chapter. Section 2. ARTICLE 7. REZONING PROCEDURES shall be deleted in its entirety and replaced with a new ARTICLE 7, REZONING PROCEDURES as follows: Sec. 21-118 Zoning Ordinance Amendments, How Initiated. A. The Common Council may, from time to time, upon its own motion or upon the petition of the Area Plan Commission (also referred to as the Commission in the remainder of this Article) , amend or partially repeal the text of this ordinance. Proposals to change the zone maps (rezone) , whether by incorporating an additional map or by amending or deleting a map, incorporated by reference in this ordinance may be initiated by the Common Council, the Area Plan Commission, or by a petition of the owners of property of at least fifty percent (50%) of the area involved in the petition. In either case, the Common Council may act upon such amendment only after a report has been presented by the Area Plan Commission after public notice and hearing and in accordance with the provisions of Chapter 174 of the Acts of Indiana General Assembly 1947, as amended. B. The Common Council may direct the Area Plan Commission to prepare a rezoning amendment and submit it to public hearing by the Commission within sixty (60) days after formal written request by the Council. (Ord. No. 5409-72, sec. 1) . C. The procedure for referral of a proposed amendment to the Area Plan Commission and the time limits for action by the Area Plan Commission and the Common Council shall be as set out in IC 36-7-4-607, et seq. D. The petitioner should consult informally with the Staff of the Commission prior to preparation and submittal of a petition. Sec. 21-119 Rezoning Petition -- Requirements generally. Ordinance applicable to these zoning districts) , and other than those originated by the Area Plan Commission or the Common Council unless they so require, shall be accompanied by six (6) copies of an overall site development plan showing, but not limited to: 1. Proposed land uses; 2. Number, type and location of buildings; 3. Building heights; 4. Open space allocations; 5. On-site parking provisions and parking ratio; 6. Streets; 7. Setbacks; 8. Buffer strips; 9. Landscape planting areas; 10. Tabulated data giving the proposed number and type of units; 11. Gross acreage; 12. Proposed land coverage, and 13. Floor and land areas by use. Sec. 21.120 Zoning Ordinance Amendment--Public Hearing and recommendation by Area Plan Commission. The Common Council shall refer a petition for a zoning ordinance amendment to the Area Plan Commission for public hearing and recommendation. A. In the case of a petition for a zoning ordinance amendment which does not require a site development plan, after public hearing the Area Plan Commission shall: 1. Recommend approval; or 2. Recommend approval subject to modification; or 3. Recommend disapproval. B. In the case of a petition for a zoning ordinance amendment which requires a site development plan, after public hearing the Area Plan Commission shall: 1. Recommend approval subject to the site development plan, as tendered; or 2. Recommend approval subject to modification; or 3. Recommend approval subject to submission and approval of a final site development plan, as provided in this chapter; or 4. Recommend disapproval. C. In any case whereby the Common Council approves a petition for rezoning after either no recommendation or a recommendation for disapproval by the Area Plan Commission, this action of the Common Council shall be subject to submission of final site plan as set forth in this Chapter. Sec. 21.121 Rezone--Final site development plan---Required. A. For final rezoning approval subject to a final site development plan, the petitioner or his successor in title shall submit to the Commission a final site development plan within one (1) year after the date of the certification of rezoning subject to a final site development plan by the Council. Approval of rezoning shall be withdrawn, and the original zoning classification reinstated, if the final site development plan is not submitted within the required time period. B. If the petitioner, or his successor in title is unable to submit a final site development plan to the Commission within one (1) year after the date of certification of rezoning by the Council, a written request for an extension of time not to exceed one (1) additional year for such submission may be granted by the Commission; provided, a request for such extension has been petitioned to the Area Plan Commission by the applicant or his successor in title prior to the time the rezoning would lapse as defined 'above in this subsection. C. The rezoning ordinance subject to the site development plan shall constitute a limitation on the use of the premises therein contained and shall be binding on all persons. Sec. 21.122 Rezone--Final site development plan--Composition. The B. Dimensioned setback lines from property lines and street right-of-way lines; C. Adjacent thoroughfares including: 1. Proposed new cut(s) onto public rights-of-way with turning radii, width, material used and slope; and 2. Dimensions of all rights-of-way; D. Drainage plan to conform with City Engineering Department standards; E. Tabulated data including at least: 1. Gross net density of dwelling units if applicable; and 2. Parking ratio by either per dwelling unit, per employee, or per square feet of floor area, as required; and 3. Percent and amount of land coverage by use; and 4. Percent and amount of floor area by use and by type; and 5. Estimated number of population; F. Topographical map showing existing and proposed contours and all natural features if development is a parcel over one acre. Sec. 21.123 Rezone--Final site development plan--Approval and Disapproval Procedures. A. If the Commission Staff determines that the final site development plan conforms with the provisions of this Chapter and conforms substantially with the preliminary site development plan submitted with the petition to rezone, the Commission Staff shall affix the seal of the Area Plan Commission, inform the petitioner of the approval of the final site development plan, and distribute copies in the prescribed manner. B. If the Commission Staff determines that the final site development plan does not conform with the provisions of this Chapter, the Commission Staff shall deny granting approval of the final site plan and shall inform the Area Plan Commission and the petitioner of the denial of approval of the final site development plan. The petitioner may then file a new final site plan which does conform with the provisions of this Chapter if the new site plan is filed within the time period allowed under Section 21.121. C. If the Commission Staff determines that the final site development plan conforms with the provisions of this Chapter but does not conform substantially with the preliminary site development plan submitted with the petition to rezone, the Commission Staff shall deny granting approval of the final site plan and shall inform the Area Plan Commission and the petitioner of the disapproval of the final site development plan. The Commission Staff shall also inform the petitioner of his right to appeal the decision of the Commission Staff and of his right to file a new site plan within the time period allowed under Section 21.121. D. The petitioner may, within ten days of the date of the notice of the Commission Staff's action, appeal the disapproval to the Area Plan Commission. If the petitioner does not appeal the disapproval within the prescribed time period the petitioner may file a new petition pursuant to the foregoing procedural requirements. E. If the Area Plan Commission staff does not act on the final site plan or revised final site plan within forty-five days after said site plan is submitted to the Area Plan Commission and so notify the petitioner of its action, such final site plan shall be deemed approved by the Commission Staff unless the petitioner requests in writing to the Area Plan Commission additional time. Sec. 21.124 Rezone--Final site development plan--Appeal Procedure. A. If, as a result of an appeal by the petitioner, the Area Plan Commission determines that the final site development plan conforms with the provisions of this Chapter and conforms substantially with the preliminary site development plan submitted with the petition to rezone, the Area Plan Commission shall grant approval and the Commission Staff shall affix the seal of the Area Plan Commission, inform the petitioner of the approval of the final site development plan, and distribute copies in the prescribed manner. The Area Plan Commission may only grant approval of the final site development B. If, as a result of an appeal by the petitioner, the Area Plan Commission determines that the final site development plan does not conform with the provisions of this Chapter or does not substantially conform with the preliminary site development plan submitted with the initial petition, the Area Plan Commission shall deny granting approval of the final site develop- ment plan and the Commission Staff shall inform the petitioner of the dis- approval of the final site development plan. The petitioner may file a new petition pursuant to the foregoing procedural requirements. C. If, as a result of an appeal by the petitioner, the Area Plan Commission does not act on the final site plan within sixty days after the final site plan is submitted to the Area Plan Commission and so notify the petitioner of its action, such final site plan shall be deemed approved by the Area Plan Commission unless the petitioner requests in writing to the Area Plan Commission additional time. Sec. 21.125 Rezone--Final site development plan--Filing upon certification. If the final site development plan is approved by the Commission Staff, by the Area Plan Commission, or if the final site plan becomes effective because of inaction by the Commission Staff or the Area Plan Commission within the specified time, notice of such action accompanied by the seal of the Area Plan Commission shall be filed with the City Clerk for distribution to the following to insure compliance therewith: A. Common Council; B. City Building Commissioner; C. City Engineer D. Area Plan Commission; and E. Petitioner. The Building Commissioner may thereafter issue a building permit for the rezoned property only in accordance with the certified final site development plan. Sec. 21.126 Change, modification or amendment to site development plan. A. For any change, modification or amendment to the site development plan, the petitioner shall submit a request in writing to the Area Plan Commission setting same forth in detail. If the Commission Staff determines that the change, modification or amendment to the final site development plan conforms with the provisions of this Chapter, conforms substantially with the approved preliminary site development plan submitted with the petition to rezone, and that the property in question is in substantial compliance with the current final site development plan, the Commission Staff shall grant approval, affix the seal of the Area Plan Commission, inform the petitioner of the approval of the revised final site development plan, and distribute copies in the prescribed manner. B. If the Commission Staff determines that the revised final site development plan does not conform with the provisions of this Chapter, or that the property in question is not in substantial compliance with the current final site development plan, the Commission Staff shall deny granting approval of the revised final site plan and shall inform the Area Plan Commission and the petitioner of the denial of approval of the revised final site development plan. The petitioner may then file a new revised final site plan which does conform with the provisions of this Chapter. C. If the Commission Staff determines that the revised final site development plan conforms with the provisions of this Chapter but does not conform substantially with the approved preliminary site development plan submitted with the petition to rezone; and where the change, modification or amendment involves enlargement or relocation of buildings or uses in such a manner that in the staff's opinion the change will adversely impact surrounding properties, then the Commission Staff shall forward the revised final site plan to the Site Plan Committee of the Area Plan Commission for review. D. If the Site Plan Committee determines that the revised final site plan conforms substantially with the approved preliminary site development approval of the revised final site development plan, and distribute copies in the prescribed manner. E. If the Site Plan Committee determines that the revised final site plan does not conform substantially with the approved preliminary site development plan submitted with the petition to rezone, or that the change, modification or amendment involves enlargement or relocation of buildings or uses in such a manner that it will adversely impact surrounding properties, then the Site Plan Committee shall direct the Commission Staff to deny granting approval of the revised final site plan and inform the Area Plan Commission and the petitioner of the denial of approval of the revised final site development plan. The petitioner may not appeal the decision of the Site Plan Committee to the full Area Plan Commission. The petitioner may file a new petition to rezone pursuant to the foregoing procedural requirements. Sec. 21.127 Grounds for withdrawal of approval. A. Approval of rezoning shall be withdrawn, any issued building permit revoked, and the original zoning classification reinstated, if substantial construction, as determined by the Area Plan Commission, pursuant to the final site plan has not commenced within twelve months after the amendment to the zoning ordinance becomes law. However, an extension of time, not to exceed six months, may be granted by the Area Plan Commission; provided, a request for such extension has been petitioned to the Area Plan Commission by the applicant or his successor in title prior to the time rezoning would lapse as defined above in this subsection. The Area Plan Commission must determine and the applicant must prove that diligence has been pursued toward the accomplishment of said project before extension can be granted. B. Any person who fails to conform to the provisions of the rezoning ordinance subject to the site development plan shall be ordered to cease and desist by the Building Commissioner and, failing so to do, shall be required by the Area Plan Commission to show cause, if any, why approval should not be withdrawn, the building permit revoked, or the original zoning classification reinstated. Sec. 21-128. Zoning of Annexed Areas. A. Each area annexed to the City after the effective date of this provision (July 24, 1972) shall be zoned "A" Residence District and "A" Height and Area District as of the date of annexation. B. Where the Area Plan Commission determines that newly annexed areas need to be zoned to a classification other than "A" Residential, "A" Height and Area, the Commission shall within sixty (60) days after notification of the date of annexation of such an area hereafter annexed to the City, submit to the Council a recommended zoning plan for such area. Within forty-five (45) days after receipt of such recommended zoning plan, the Council shall adopt by ordinance a zoning plan for such area. C. No building permit shall be issued by the Building Commissioner and no change in use or bulk of structures existing may occur in any area hereafter annexed to the City until such area has been zoned by the Council, except that for lots of record, building permits may be issued for those uses permitted in the "A" Residential District. (Ord. No. 5409-72, sec. 1; Ord. No. 8059-90, sec. 1; Ord. No. 8368-93, sec. 1) Sec. 21-129. Veto power. The city executive shall have the right to veto any zoning ordinance. (Ord. No. 8059-90, sec. 1) Sec. 21-130. Reserved. Section 3. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and its publication as prescribed by law. flromtntnn &pori Uhl the Motown &Council of the Mtn of emu* Bend: of the Whole Your Committee to whom was referred BILL NO. 21-95 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, DELETING AND REPLACING ARTICLE 7, REZONING PROCEDURES AND BY ADDING TO AND MAKING CERTAIN OTHER REVISIONS TO THE ZONING ORDINANCE Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable. Cleo Washington, Chairman AREA PLAN COMMISSION of ST. JOSEPH COUNTY, IN RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director / 1140 COUNTY-CITY BUILDING, SOUTH BEND, IN. 46601 (219)235-9571 FAX(219) 235-9813 April 19, 1995 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance, initiated by the Area Plan Commission, amending and supplementing Chapter 21, Zoning of the Municipal Code of the City of South Bend, Indiana, as amended, by deleting and replacing Article 7, rezoning procedures and by adding to and making certain other revisions to the Zoning Ordinance, thereby providing for Staff approval of site plans. - APC #1667-95 Dear Council Members: The above referenced ordinance initiated by the Area Plan Commission was legally advertised on April 6, 1995. The Area Plan Commission at its public hearing on April 18, 1995, took the following action: Upon a motion by Charles Landesman, being seconded by Bruce Huntington and unanimously carried, the proposed ordinance, initiated by the Area Plan Commission, amending and supplementing Chapter 21, Zoning of the Municipal Code of the City of South Bend, Indiana, as amended, by deleting and replacing Article 7, rezoning procedures and by adding to and making certain other revisions to the Zoning Ordinance, thereby providing for Staff approval of site plans, is sent to the Common Council with a favorable recommendation. 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. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. 77r y, /� Robert W. San e RSJ:sr Attachment Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN STAFF REPORT April 10, 1995 Initiated by the Area Plan Commission - 1667-95 Location: City of South Bend REQUESTED ACTION: This is an Area Plan Commission initiated petition to amend the City Zoning Ordinance with regard to rezoning procedures by deleting and replacing Article 7, rezoning procedures so as to simplify and streamline the final and revised final site plan approval procedures. Presently, the Area Plan Commission must approve final and revised final site plans. This proposed revision would permit the Staff of the Area Plan Commission to approve both final and revised final site plans, thus reducing the delay in approval presently occuring due to the necessity to wait until the monthly Plan Commission meeting.