HomeMy WebLinkAboutAmending Chapter 21 Proposed Rezonings be Advertized by Common AddressPassed by the Common Council of the City of South Bend, Indiana
January 22 z079
IRENE K. GAMMON
C/�, U:
Presented by me to the Mayor of the City of South Bend, Indiana
Januar 23 zg 7g
Clerk
Of Common COundl
/< City Clerk
IRENE K. GAMMON
Approved and signed by me
ig
Mayor
ORDINANCE NO. (ag Y7 ?o?
AN ORDINANACE 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 petiti.on.and ordinance to rezone shall include the legal
description and the commonly .known address of the property. .
(3b) The commonly known street address-of--the proposed rezonin
shall De advertized prior to public.hearinf;�.
(3c) The petitioner shall be required to post a public notice
the proposed rezoning in a conspicious place and manner upon the
perty for which the rezoning is sought at least ten (10) days prior
.area r1
Uivii. oucn notice sna11 be on
ee in the Area Plan Commission office
requested zoning classifications,
f the public 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.
N.
Membef of the Common Council
FILED 11, CLFR' 'S OFFICE
1979
1st READING 0 " SP - % �► _ . . .
PUBLIC NEARING 9,)T
2nd READING /- ,,?,� • �y
NOt APPROVED QTY CLERK, SOUTH SEND, IND,
REFERRED
PASSED
CITY OF SOUTH BEND
COMMON
COUNCIL
JOSEPH T. SERGE
First District
WALTER M. SZYMKOWIAK
Second District
TERRY S. MILLER
Third District
ROGER O. PARENT
Fourth District
ROBERT G. TAYLOR
Fifth District
WALTER T. KOPCZYNSKI
Sixth District
MARY CHRISTINE ADAMS
At Large
RICHARD C. DOMBROWSKI
At Large
FRANK HORVATH
At Large
CITY OF SOUTH BEND
South Bend, Indiana 46601
January 2, 1979
The South Bend Common Council
Council Chambers
South Bend, Indiana 46601
Dear Councilmen:
AREA 219 284 -9321
441 COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601
The attached bill would amend the Rezoning
Procedures of the Municipal Code.
In light of the need to provide better information
and notice to the public on proposed rezonings;
the bill contains two basic provisions:
(1) It would require that both the legal
description and the commonly known street address
of the proposed rezoning be advertized.
(2) It would require that the property to
be rezoned have a public notice posted on it
listing the existing and requested zoning classi-
fications, and the dates, times, and places of
the public hearings before the Area Plan Com-
mission and the Common Council.
I believe the proposed amendments would be in the
best interest of the City, and I seek your favor-
able support.
MCA /vld
Sincerely,
Mar Christine Adams
(Ionwturt Stport
(To toe Mommon (IIounri[ of t4c (XIng of ootd4 joena:
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 001,93PO PUBLISHING CO.
OFFICE OF THE MAYOR
CITY of
PETER J
COUNTY -CITY BUILDING
SOUTH BEN D
NEMETH, Mayor
SOUTH BEND, INDIANA 46601
February 2, 1979
Mrs. Mary,Christine Adams
South Bend Common Council
County -City Building
South Bend, Indiana 46601
AREA 219 284 - 9261
In Re: Ordinance No. 6547 -79, amending Chapter 21 of the
Municipal Code by requiring that proposed rezonings
be advertised by common address and that the
property have a public notice posted thereon
Dear Mrs. Adams:
Inasmuch as you were the sponsor of the above
captioned ordinance, I am writing this letter to advise you
that I have decided to veto said ordinance for the following
reasons:
1. The ordinance creates more red tape for appli-
cants 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. .
2. Any amendment of the city zoning ordinance must
be referred to the Area Plan Commission for its recommenda-
tion prior to adoption by the City Council. Inasmuch as you
failed to have this matter referred to the Area Plan
Commission, this ordinance was passed illegally and I,
therefore, have no choice but to veto it.
VWry s,
PJN /bjb
cc: Common Council Members
Irene K. Gammon
Area Plan Commission