The URL can be used to link to this page

Home My WebLink About8368-93 Amending Chapter 21 South Bend Municipal Code Zoning ORDINANCE No. 8368-93 Passed by the Common Council of the City of South Bend, Indiana. April 12, 93 - 19 Attest: City Clerk IRENE K. GAMMON / Attest: ! —•// President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— April 13, 93 19 City Clerk IRENE K. GAMMON Approved and signed by me /(7 ig �3 ° Mayor • • ORDINANCE NO. 2.368-93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ZONING" STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 21 of the Municipal Code to delete the requirement of a zoning hearing for those properties that are annexed into the City and do not need to be zoned to a classification other than "A" Residential , "A" Height and Area. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section 1 . Section 21 . 122 Zoning of Annexed Areas. of Article 7, Chapter 21 of the South Bend Municipal Code is amended to read as follows: Sec . 21 .122. (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 , Wwithin sixty (60) days after notification of the date of annexation of such an area hereafter annexed to the City, tire-hem c ssfen-sha++ 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. Sec . 21 . 122. (c) No building permit shall be issued by the Building Commissioner and no change in use or bulk of structure 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 -ffi-a-reeerded-suisel#v-isfeli, building permits may be issued-used-fer-s+figfe-femffy-elwei4 4er4-umi s for those uses permitted in the "A" Residential District . Section 2. This ordinance shall be in full force and effect from and after its passage by the Common Council , approval by the Mayor , and legal publication. Member of the Common Council (tummtttn apart go tit (footman (gamut of tip Qltig of*out ti firm): Your Committee of the Whole to whom was referred BILL NO. 22-93 SECOND READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ZONING" . Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Thomas Zakrzewski 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 March 17 , 1993 Mr . Steven Luecke, President Common Council City of South Bend County-City Building , 4th Floor South Bend , IN 46617 Re : Proposed Amendment to South Bend Zoning Ordinance Dear Mr . Luecke : The attached proposed ordinance was initiated by the Area Plan Commission after discussions with the City 's legal staff . As you are aware, property that is annexed into the City is automatically zoned "A" Residential , "A" Height and Area. The City 's zoning ordinance presently requires that public hearings be held to rezone property even if it is to remain "A" Residential , "A" Height and Area. The attached amendment would do away with the requirement of both the Area Plan Commission and the Common Council having to hold public hearings if annexed property will remain zoned "A" Residential , "A" Height and Area. In addition , the amendment will also allow the Building Department to issue permits on legal lots of record for all of the uses allowed in the "A" Residential District . The Area Plan Commission held its public hearing on this proposal on March 16 , 1993 . We ask that the Council give First Reading to this matter at its March 22 , 1993 , meeting so that a public hearing can be held by the Council on April 12, 1993 . • Sincerely ,., Richard S. Johnson Executive Director Area Plan Commission SR:jwb enc . Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN . gI LL 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 March 16, 1993 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance intitated by the Area Plan Commission amending Chapter 21 of the South Bend Municipal Code entitled Zoning - APC #1508-93 Dear Council Members: The above referenced ordinance Initiated by Area Plan Commission was legally advertised on March 4, 1993. The Area Plan Commission at its public hearing on March 16, 1993, took the following action: Upon a motion by Willie Morgan, being seconded by Gerry Phipps and unanimously carried, the proposed ordinance intitated by the Area Plan Commission amending Chapter 21 of the South Bend Municipal Code entitled Zoning 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 . Sin fly, Richard S. Johnson RSJ:sr Attachment Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN STAFF REPORT March 8, 1993 Area Plan Commission 1508-93 REQUESTED ACTION: This is an Area Plan Commission .initated petition to amend South Bend 's zoning ordinance as it pertains to the zoning of newly annexed property. Currently, when property is annexed it is automatically zoned "A" Residential , "A" Height and Area. However , the Commission is required to submit a rezoning plan for the newly annexed land even if this zoning classification will not be changing. This ordinance would eliminate the need for for the Commission to initiate a rezoning plan if the property is to remain "A" Residential , "A" Height and Area. The current regulations also state that until a zoning plan is adopted by the Common Council , only building permits for single-family dwelling units within recorded subdivisions may be issued. The proposed ordinance would allow permits to be issued for any "A" Residential use on any lot of record annexed into the city.