HomeMy WebLinkAboutCertificate of Legal Non-Conformance1 of 5
CERTIFICATE OF LEGALLY NON CONFORMING USE OF LAND APPLICATION
South Bend Plan Commission
227 W. Jefferson Blvd - 14th Floor County City Bldg
South Bend, IN 46601
574-235-7627
APPLICATION INSTRUCTIONS
1. Call or visit the St. Joseph County Assessor’s Office to:
a. Get copies of all assessor cards from 2019 to now
b. Get copies of all assessor cards prior to 2019 if use was not allowed with previous zoning
2. Visit South Bend Code Enforcement for copies of any violations on the property.
3. Take current photos of property
4. Gather supplemental proof that use has not ceased for 12 months or more since the use
was legally established. Not required for single family use.
5. Gather supplemental proof if to support establishment of the use. If you need building permits
or other information from the Building Department, please contact them at (574) 235-9554
(option #2)
6. Complete application form
7. Have current property owner sign and notarize application form
8. Submit application form along with all other items in the checklist below to the South Bend Plan
Commission for review.
CERTIFICATE OF LEGALLY NON CONFORMING USE OF LAND APPLICATION
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REVIEW AND APPEAL
The Zoning Administrator will review the application, including any and all supporting documentation
provided. A Certificate of Legal Nonconforming Use of Land will be issued where such use has been
determined by the Zoning Administrator to be in compliance with all ordinances.
In review of this application, the Zoning Administrator may also solicit any additional information that may
come to his or her attention such as permits, contacts with existing tenants, and any citizen comments.
Denial of the application by the Zoning Administrator may be appealed to the South Bend Board of Zoning
Appeals.
NOTICE TO PETITIONER
The Certificate of Legal Nonconforming Use, if approved, may be rescinded if the information provided by
the applicant is discovered to be false, or new information is brought forward. In addition, the issuance of
the Certificate does not limit or restrict the right of the Zoning Administrator to initiate zoning enforcement
if the nonconforming use is abandoned, enlarged or otherwise destroyed in a manner recognized by
applicable or State law; or if zoning violations occur upon the real estate.
USEFUL LINKS
• Building Department - southbendin.gov/zoning
• South Bend Plan Commission - southbendin.gov/zoning
• Assessor’s Office - http://www.stjosephcountyindiana.com/departments/SJCAssessor/index.htm
• South Bend Code Enforcement - southbendin.gov/code
• South Bend Zoning Ordinance and Zoning Map- southbendin.gov/zoning
• MACOG GIS Site -
http://maps.macog.com/Html5Viewer/Index.html?configBase=http://maps.macog.com/Geocortex/Essenti
als/Ess443/REST/sites/MACOG_HTML5/viewers/MACOG/virtualdirectory/Resources/Config/
Default& run=MACOG-StJosephParcelSearch
• APRA Information - southbendin.gov/legal
• City of South Bend - southbendin.gov
CERTIFICATE OF LEGALLY NON CONFORMING USE OF LAND APPLICATION
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CHECKLIST
☐ 1. Completed application, signed and notarized by current property owner
☐ 2. Non Refundable Filing fee (confirm the current fee in the most recent fee schedule)
☐ 3. If seeking to certify anything other than the use, provide a site plan showing location of all buildings and structures and
their setbacks, parking spots (if not single family residential), landscaping (if not single family, or duplex). If lot is less
than 3 acres site plan must be to scale.
☐ 4. Assessor property cards from 2019-to now
☐ 5. If use was not allowed in 2019 all available assessor cards prior to 2019. If this is provided the supplemental proof may not
be required.
☐ 6. Current photographs of property
☐ 7. Code Enforcement Records for the property
☐ 8. Supplemental proof – provide at least 1 additional item from the list below that supports a legal non-conforming use of land:
☐ a. Assessor Property Cards.
Assessors have cards from assessments from previous years. Submit cards for all years available. Contact the County
Assessor at (574) 235-9523. This may not be enough supplemental proof.
☐ b. Affidavits. Written affidavits from neighbors, present or past property owners or tenants, or anyone who may
have knowledge of the non-conforming use, may be used to supplement primary evidence. These affidavits must be
legible, include the telephone number and address of the affiant, and must be notarized.
☐ c. Polk Directory / Haines Directory Pages. Reproduce information found in
Polk Directory pages and/or Haines Directory pages pertaining to the address of the property under consideration.
Highlight or underline the information, and include the year.
☐ d. Variance/Rezoning petitions (Zoning History). Information on variances may be obtained through the records of the
South Bend/St. Joseph County Building Department. Information on rezoning petitions may be obtained through the records of
the South Bend Plan Commission.
☐ e. Improvement Location Permits/Building permits. Past permits issued may be obtained at the South Bend/St. Joseph
County Building Department. (Note that permits and associated documents older than 12 years may no longer be
available.)
☐ f. Floor or Building Plan(s). (Original/as-built, historic, current) with verifiable date. Required if therequest for the
Certificate Of Legally Established Non-Conforming Use Of Land is for uses or expansion of uses. (Note that permits
and associated documents older than 12 years may no longer be available.)
☐ g. Historic Preservation Commission documents. For properties within a locally designated Historic Preservation District, the
records and collections of the Commission may provide useful historical information regarding the use of the property or
its improvements.
☐ h. Recorded Documents. Recorded documents are located in the Office of the St. Joseph
County Recorder, 3rd Floor County-City Building. Include any documents that relate to the history of the use of the
property, such as contracts and liens.
☐ i. Sanborn Fire Insurance Maps. The Sanborn maps are available only for properties located within the original city limits of
South Bend. These maps give detailed information about lots and land use. These maps are available in the offices of
the South Bend Plan Commission.
☐ j. Licenses (Liquor, Merchant, etc.). Include any documents that relate to transactions that have occurred on, or in regard to, the affected property at any time since the use began.
☐
k. Business / Financial Records. Such as rent receipts, financial records, tax statements and property insurance statements.
IRS tax filings may be an important source of information. Financial amounts may be blackened out for privacy.
☐ l. Utility Bills (such as utility, construction, etc.). This information may give insight as to when a non-conforming use began
and may be available from utility companies, current or former tenants, or creditors. Financial amounts may be blackened out
for privacy.
☐ m. Photographic evidence. This may include newspapers, periodicals, publications, aerial photographs, or other image
documentation. Photographs have limited value unless a verifiable date is included.
CERTIFICATE OF LEGALLY NON CONFORMING USE OF LAND APPLICATION
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.
APPLICANT INFORMATION
APPLICANT:
Must be current property owner
PHONE: EMAIL:
ADDRESS:
Address City State Zip
PROPERTY INFORMATION If applying for multiple properties in a single application they must all have the same ownership
information, same zoning, same use, be located in the same jurisdiction and be adjacent to each other.
Parcel ID# (e.g. 006-1007-007002) Address City Zip
Legal Description
Parcel ID# (e.g. 006-1007-007002) Address City Zip
Legal Description
Parcel ID# (e.g. 006-1007-007002) Address City Zip
Legal Description
Parcel ID# (e.g. 006-1007-007002) Address City Zip
Legal Description
ZONING For current zoning visit the South Bend Plan Commission web page. For previous zonings contact South Bend Plan Commission
at 245-6022
CURRENT ZONING: ZONING IN 2019: OTHER PREVIOUS ZONING:
VARIANCE, SPECIAL USE/ EXCEPTION APPROVALS ☐ N/A ☐ YES Date of Approval
Description of variance and/or special exception/use
CURRENT USE To verify if the current use is permitted, requires special use/exception approval or is not permitted visit the Area
Plan Commission web page and access the applicable zoning ordinance for the property.
Start Date for
Current Use
Has the use ceased for 12
(twelve) months or more
since the start date?
☐ YES ☐ NO
Has the use ceased for
6 (six) months or more
since the start date?
☐ YES ☐ NO
The Current use is:
☐
PERMITTED IN
CURRENT ZONING
☐
SPECIAL EXCEPTION/USE
IN CURRENT ZONING
☐
NOT PERMITTED IN
CURRENT ZONING
Type of use:
☐ COMMERICAL
(E.G. RETAIL) ☐ BUSINESS
(E.G. OFFICE) ☐ INDUSTRIAL
☐ MULTI-FAMILY ☐ SINGLE
FAMILY ☐ DUPLEX
Describe Use
CERTIFICATE OF LEGALLY NON CONFORMING USE OF LAND APPLICATION
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sq/ft
coverage
CURRENT DEVELOPMENT STANDARDS To verify if the existing development standards meet the zoning requirements visit
the South Bend Plan Commission web page and access the applicable zoning ordinance for the property.
Property Development Date
Meets developments standards for
Set backs ☐ YES ☐ NO Parking ☐ YES ☐ NO Landscaping ☐ YES ☐ NO Building
☐ YES ☐ NO
Building
height ☐ YES ☐ NO Fencing ☐ YES ☐ NO Lot # of
Buildings ☐ YES ☐ NO
Frontage ☐ YES ☐ NO Lot Size ☐ YES ☐ NO OTHER ☐ YES ☐ NO
REQUEST
This application seeks a Certificate of Legally Established Nonconforming Use of Land for (check one only):
Describe
☐ USE ONLY ☐ DEVELOPMENT STANDARDS ONLY ☐ USE AND DEVELOPMENT STANDARDS
Oath: The above information, to my knowledge, is true and correct.
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
I, (print name) , being first duly sworn, deposes
and says that I am the owner of the aforementioned property, and that the information set forth in, and attached to,
this application, is/are true and correct to my best knowledge.
Signature of Affiant(s)
Subscribed and sworn to me before me this day of , 20 .
Date Commission expires Notary Signature
County of Residence Printed Name of Notary
☐ YES ☐ NO