HomeMy WebLinkAboutAmending Chapter 21 Requiring that Proposed Rezonings be Advertized by Common AddressORDINANCE No. 6575 -79
Passed by the Common Council of the City of South Bend, Indiana.
April 9, T^ 79
IRENE K. GAMMON
Presented by me to the Mayor of the City of South Bend, Ind*ana
Approved and signed by
April 10 19-19—
Clerk
Of Common Council
IRENE K. GAMMON
zg
Clerk
Mayor
ORDINANCE NO. 4Slf-79
AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 7, SECTION
21 -120 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND,
INDIANA, BY REQUIRING THAT PROPOSED REZONINGS BE ADVER-
TIZED BY COMMON ADDRESS AND THAT THE PROPERTY HAVE A
PUBLIC NOTICE POSTED THEREON.
STATEMENT OF PURPOSE AND INTENT
Zoning laws are a means of preserving property values, and are
a means of promoting public health, safety, comforts, and public welfare.
Fair and reasonable zoning laws are among the most efficient
ways of improving and preserving our neighborhoods.
The Common Council therefore has determined that it is necessary
to include additional advertising and posting requirements in the
rezoning procedures.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City
of South Bend, Indiana, as follows:
SECTION I. Chapter 21, Article 7, Section 21 -120, of the
Municipal Code of the City of South Bend, Indiana, is hereby amended
by the addition of the following:
(3a) The petition and ordinance to rezone shall include the legal
description and the commonly known address of the property.
(3b) The commo
shall be advertized
(3c) The
of the propose
propert
to the
placard
and sha
and the
Area P1
y for w
public
s avail
ly known street address of the
rior to public hearing.
etitioner shall be required
rezoning in a conspicuous p
- L
ar
le
dates, ti
an Commis s
the rezoning is sought a
ng of said petition. Su
for a nominal fee in the
he existing and requeste,
s, and places of the pub
)osed rezoninc
to post a public notice
ace and manner upon the
least ten (10) days prior
h notice shall be on
Area Plan Commission office
zoning classifications,
is hearings before the
SECTION II. 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
1sr READING Q-12-19
PUBLIC HEARING 41- 9' ?
2nd READING j `q ~71
NOT APPROVED
REFERRED ,r`�'M+��
PASSED '
FILED IN CLERK'S OFFICE
1979
ireri % 'G^
GIY CEERk Soz;y1i Efd x ii6U.
OFFICE OF THE MAYOR
CITY of SOUTH BEND
PETER J. NEMETH, Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601
April 19, 1979
Common Council
County -City Building
South Bend, Indiana 46601
Dear Council Members:
AREA 219 284 - 9261
Please be advised that I am vetoing Ordinance
No. 6575 -79 which requires that proposed rezonings be
advertised by common address and that the property have
a public notice posted thereon.
The ordinance creates more red tape for applicants
for rezoning within the City of South Bend, and it also
creates more visual pollution within our city. In
view of the fact that almost all of the land within the
city limits is already addressed and developed, such an
ordinance would appear to be unnecessary.
PJN /bib
Very truly yours,
Peter J. Nemeth
is i 19 ✓� 9
APP 2
BE 9! D, IND.
9 ARE9PLAN COMMISSION
OF PH COUNTY, IN
Room 1140 County -City Building
The Honorable Common Council
City of South Bend
County -City Building
South Bend, IN 46601
South Bend, Indiana 46601
RICHARD S. JOHNSON
Executive Director
(219) 284 -9571
March 21, 1979
In Re: An ordinance initiated by Mary Chris Adams requiring that proposed
rezonings in the City of South Bend be advertised by common address
and that the property have a public notice posted thereon, City of South Bend
Gentlemen:
The attached ordinance was initiated by Mary Chris Adams and was legally
advertised March 10, 1979. The Area Plan Commission gave it a public hearing on
March 20, 1979, at which time the following action was taken:
"Upon a motion by Earl Ki.me, being seconded by Rene Vandewalle and unanimously
carried, the ordinance initiated by Mary Chris Adams requiring that proposed
rezonings in the City of South Bend be advertised by common address and that
the property have a public notice posted thereon, City of South Bend, %s
returned to the Common Council with an unfavorable recommendation for the
following reasons: the higher residential density of city neighborhoods
usually insures a ripple effect of neighbors notifying one another; the
Area Plan Commission notifies one of the twenty neighborhood groups that a
rezoning petition has been submitted; signs usually do not last long once
on a location; and should the Plan Commission approve this petition, it
should not be an ordinance, but rather a resolution."
The deliberations of the Area Plan Commission and points considered In
arriving at the above decision are shown in 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 Staff Report,
Very truly yours,
Richard Johnson
Executive Director
RSJ /bsj
Attachment
cc: Mary Chris Adams
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN
X0 #4e Townwn Mundt of t4r (li#y of 001d4 Brno:
Your Committee OF THE WHOLE
to whom was referred
A BILL AMENDING CHAPTER 21, ARTICLE 7, SECTION
21 -120 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH
BEND, INDIANA, BY REQUIRING THAT PROPOSED REZONINGS
BE ADVERTISED BY COMMON ADDRESS AND THAT THE PROPERTY
HAVE A PUBLIC NOTICE POSTED THEREON.
Respectfully report that they have examined the matter and that in their opinion THIS BILL BE RECOMMENDED TO
THE COUNCIL FAVORABLE.
FRANK HORVATH
Chairman
FREE PRESS PUBLISHING CO.