HomeMy WebLinkAbout21-13 Nonconformities and EnforcementSOUTH BEND ZONING ORDINANCE 13-1
Article 21-13:
Nonconformities &
Enforcement
Sections
Section 21-13.01: Nonconformities .......................13-1
Section 21-13.02: Enforcement ..........................13-7
Section 21-13.01: Nonconformities
(a) Intent
Within the districts established by this Ordinance, there
exist:
(1) nonconforming lots of record;
(2) nonconforming buildings or structures;
(3) nonconforming uses of land;
(4) nonconforming uses within nonconforming
buildings or structures; and,
(5) nonconforming signs
which were legally established prior to the effective
date of this Ordinance, but which would be prohibited,
regulated, or restricted under the provisions of this
Ordinance. It is the intent of this Ordinance to permit
these legally established nonconforming lots of record,
buildings, structures, uses, and signs to continue until
they are removed, but not to encourage their survival.
It is further the intent of this Ordinance that legally
established nonconforming buildings, structures,
uses, and signs shall not: (a) be enlarged upon,
expanded, or extended except as otherwise expressly
permitted herin; or, (b) be used as grounds for adding
other buildings, structures, uses, or signs which are
prohibited elsewhere in the same district.
Nonconforming lots of record, nonconforming
buildings or structures, nonconforming uses of land,
nonconforming uses within nonconforming buildings
or structures, and nonconforming signs that are either
illegal or not legally established on the effective date of
this Ordinance shall not become legally established by
virtue of the enactment of this Ordinance.
Nonconforming lots of record, nonconforming
buildings or structures, nonconforming uses of land,
nonconforming uses within nonconforming buildings
or structures, and nonconforming signs which are in
full compliance with the regulations of this Ordinance
pertaining to the permitted uses and development
standards of the district to which the real estate is
zoned shall, after the effective date of this Ordinance,
be considered validated as conforming lots of record,
buildings, structures, uses, and signs for the purposes
of interpreting and applying this Ordinance.
(b) Certificate of Legally Established Nonconforming
Use of Land
In order to protect the lawful nonconforming status of
a nonconforming lot, use, building, structure, or sign,
a person who owns or operates said nonconforming
lot, use, building, structure, or sign shall request a
Certificate of Legally Established Nonconforming Use
of Land. The applicant, prior to the issuance of the
Certificate of Legally Established Nonconforming Use
of Land, shall bear the burden of proof to demonstrate
that the lot, use, building, structure, or sign was legally
established per the requirements of this section.
Submitted materials shall be provided in the manner
prescribed by the Plan Commission.
(c) Legally Established Nonconforming Lots
(1) Legally Established Nonconforming Lots of
Record. Any legally established lot recorded or any
legally established platted lot recorded prior to the
effective date of this Ordinance, having less than
the required minimum, or that is larger than the
maximum, lot area, lot width, or lot depth required
by the applicable district regulations of this
Ordinance, shall be deemed a legal nonconforming
lot of record and may be used for any permitted
use within the applicable district in which such
lot is located provided that all other development
standards are met.
13-2 May 20, 2026
21-13.01 NONCONfORmItIEs & ENfORCEmENt
Nonconformities
(2) Legally Established Nonconforming Lot Frontage.
Any legally established lot in which the frontage
of such lot has been reduced below, or increased
above, that which is required by the applicable
district regulations of this Ordinance by the
acquisition of right-of-way or access rights by
a governmental entity shall be deemed a legal
nonconforming lot of record and may be used for
any permitted use within the applicable district in
which such lot is located provided that all other
development standards are met.
(3) Buildable Lots. A legal nonconforming lot of
record may be used as a buildable lot if such legal
nonconforming lot of record complies with one of
the following:
(A) Any lot, in its entirety, of a subdivision that was
recorded in the Recorder's Office prior to the
adoption of this Ordinance; or
(B) A parcel described by a metes and bounds
description, or as lots or any combination of
parts of lots of an unrecorded subdivision;
provided that it complies with all of the
following:
i. Recorded evidence of ownership
evidencing the parcel as being under single
and separate ownership was recorded in
the Recorder's Office prior to June 13, 1949;
ii. The current legal description describes the
parcel as recorded in the Recorder's Office
on or before June 13, 1949; and,
iii. The parcel has frontage along an improved,
dedicated, and accepted public street.
(C) A parcel described by a metes and bounds
description, or as lots or any combination of
parts of lots of an unrecorded subdivision;
provided that it complies with all of the
following:
i. Recorded evidence of ownership
evidencing the parcel as being under
single and separate ownership was
recorded in the Recorder's Office after
June 13, 1949, but on or before December
11, 1961;
ii. The current legal description describes
the parcel as recorded in the Recorder's
Office after June 13, 1949, but on or before
December 11, 1961;
iii. The total area of the parcel consists of at
least 6,000 square feet; and,
iv. The parcel has frontage along an
improved, dedicated, and accepted public
street.
(D) A parcel described by a metes and bounds
description, or as lots or any combination of
parts of lots of an unrecorded subdivision;
provided that it complies with all of the
following:
i. Recorded evidence of ownership
evidencing the parcel as being under
single and separate ownership was
recorded in the Recorder's Office on or
before July 27, 1966;
ii. The current legal description describes the
parcel as recorded in the Recorder's Office
on or before July 27, 1966;
iii. The parcel meets or exceeds the
minimum, and does not exceed the
maximum, lot area, lot width, and lot depth
requirements of the district in which the
parcel is located; and,
iv. The parcel has frontage along an improved,
dedicated, and accepted public street.
(E) A parcel of land described by a metes and
bounds description, or as a lot or lots or any
combination of parts of lots of an unrecorded or
recorded subdivision that does not comply with
any of the above sub-sections of this Article,
and provided that prior to the adoption of this
Ordinance both of the following were met:
i. Recorded evidence of ownership
evidencing the property as being under
single and separate ownership was
recorded in the Recorder's Office; and
ii. A primary building exists or once existed
on the lot.
SOUTH BEND ZONING ORDINANCE 13-3
NONCONfORmItIEs & ENfORCEmENt 21-13.01
Nonconformities
(F) Any of the lots described in sub-sections (1)
through (5), above, which is reduced in lot area
as a result of action by a governmental unit or
entity.
(4) Side Setback Provision for 32' and 33’ Wide Lots.
A legally established lot of record as of January 1,
2020, in a S1, U1, U2, U3, or UF district that has a lot
width of at least 32 feet but less than 34 feet only
shall be required to have a minimum side setback
of 4 feet for residential uses.
(d) Legally Established Nonconforming Buildings or
Structures (Excluding Signs)
Where a legally established nonconforming building or
structure exists on the effective date of this Ordinance
that could not be built under the terms of this Ordinance
by reason of restrictions on: gross floor area; building
coverage; building height limitations; front, corner, side,
and rear setbacks and yards; location on the lot; bulk;
or other provisions of this Ordinance applicable to the
building or structure, such building or structure may
continue to exist so long as it remains otherwise lawful,
subject to compliance with the following provisions:
(1) Except as otherwise expressly permitted herein,
such legally established nonconforming building
or structure may not be enlarged, expanded, or
altered in a way which increases its nonconformity,
provided such building or structure may be altered
so as to decrease the extent of nonconformity;
(2) Should such legally established nonconforming
building or structure, or legally established
nonconforming portion of a building or structure,
be damaged or destroyed by any means to the
extent that restoration will exceed 50 percent of
the cost of construction of the entire building or
structure at the time the damage or destruction
is reported, as determined pursuant to Section
21-13.01(n), said building or structure shall not
be reconstructed except in conformity with the
provisions of this Ordinance; and
(3) Should such legally established building or
structure be moved for any reason for any distance
whatsoever, such legally established building or
structure shall thereafter conform to the provisions
of this Ordinance.
(e) Legally Established Nonconforming Uses of Land
Where legally established nonconforming uses of
land exist on the effective date of this Ordinance
which would not be permitted by the provisions of this
Ordinance, such uses may be continued so long as they
remain otherwise lawful; provided that:
(1) Such legally established nonconforming uses shall
not be enlarged, expanded, increased, or extended
to occupy a greater area of land than was occupied
on the effective date of this Ordinance;
(2) Such legally established nonconforming uses shall
not be moved in whole or in part to any portion of
the lot or parcel other than that occupied by such
uses on the effective date of this Ordinance; and,
(3) No additional building or structure shall be erected
in connection with such legally established
nonconforming use of land.
(f) Discontinuation of Legally Established
Nonconforming Uses of Land
(1) If any legally established nonconforming use of
land, other than a 1 unit dwelling, is abandoned
for any period of time, then any subsequent use
of such land shall conform to the provisions of this
Ordinance. For purposes hereof, “Abandoned” shall
mean an intentional discontinuance of the use by
the property owner with no intention of continuing
the use within the 12-month period following the
date of discontinuance.
(2) Any violation of this sub-section shall result in
enforcement proceedings under Section 21-13.02
of this Ordinance.
(g) Legally Established Nonconforming Uses Within
Legally Established Nonconforming Buildings or
Structures
If any legally established nonconforming use is located
within a legally established nonconforming building or
structure and such legally established nonconforming
building or structure becomes unsafe or unlawful by
reason of physical condition and is razed, the legally
established nonconforming use previously being
conducted in such legally established nonconforming
building or structure shall be extinguished and no
longer permitted.
13-4 May 20, 2026
21-13.01 NONCONfORmItIEs & ENfORCEmENt
Nonconformities
If any legally established nonconforming use is
located within a legally established nonconforming
building or structure and such legally established
nonconforming building or structure is damaged or
destroyed by any means to the extent that restoration
will exceed 50 percent of the cost of construction
of the entire building or structure at the time the
damage or destruction is reported, as determined
pursuant to Section 21-13.01(n), the legally established
nonconforming use previously being conducted in such
legally established nonconforming building or structure
shall be extinguished and no longer permitted.
(h) Repairs and Maintenance of Legally Established
Nonconforming Buildings or Structures (Excluding
Signs)
(1) Ordinary Repairs. On any legally established
nonconforming building or structure, or portion
of a building or structure containing a legally
established nonconforming use, work may be done
on ordinary repairs or on the repair or replacement
of non-bearing walls, fixtures, wiring, or plumbing,
provided that the cubic feet content existing when
the building or structure, or portion of a building
or structure containing a legally established
nonconforming use, became nonconforming shall
not be increased. Nothing herein shall be deemed
to prevent the strengthening, repairing, or restoring
to safe condition of any building or structure, or
part thereof, declared to be unsafe by any official
charged with protecting the public safety, upon
order of such official.
(2) Reconstruction Prohibited. If a legally established
nonconforming building or structure or portions
of a building or structure containing a legally
established nonconforming use becomes unsafe
or unlawful by reason of physical condition and
is razed, such building or structure shall not
thereafter be rebuilt or used except in conformity
with the provisions of this Ordinance.
(3) Remodeling. The gross floor area and the maximum
building height devoted to the legally established
nonconforming use shall not be increased, except
as such increase is required to comply with other
applicable federal, state or local regulations
(i.e., minor enlargements to accommodate ADA
accessibility guidelines or current building codes),
and as permitted in (1) below; and,
(4) Parking Area, Outside Storage Area, or
Outside Operations Area. A legally established
nonconforming parking area, outside storage area, or
outside operations area may be maintained, repaired,
or upgraded by hardsurfacing provided that:
(A) There is no increase in the total area occupied
by the parking area, outside storage area, or
outside operations area;
(B) If, in the discretion of the Zoning Administrator,
the hardsurfacing would serve to reduce
a potential negative impact of the existing
parking area, outside storage area, or outside
operations area on surrounding properties (e.g.,
reduction in fugitive dust emissions, noise,
erosion, etc.); and
(C) Such hardsurfacing shall require an
improvement location permit and shall also be
subject to full review under and compliance
with the storm drainage requirements of the
City of South Bend.
(i) Legally Established Nonconforming Signs
(1) Any legally established nonconforming sign
within the City of South Bend may continue to
exist, including the performance of normal and
routine maintenance, so long as such sign remains
otherwise lawful.
(2) Legally established nonconforming signs may
receive normal and routine repair and maintenance
subject to the following provisions:
(A) A legally established nonconforming sign may
not be enlarged, expanded, or altered in a way
which increases its nonconformity;
(B) A legally established nonconforming sign
erected pursuant to the grant of a variance of
either a previously enacted zoning regulation
or this Ordinance for number of signs, height
of sign, setback of sign, or sign surface area
may be altered so as to decrease the extent
of nonconformity authorized by such grant of
variance;
SOUTH BEND ZONING ORDINANCE 13-5
NONCONfORmItIEs & ENfORCEmENt 21-13.01
Nonconformities
(C) Except as provided for in sub-section (2)(B),
above, the removal of a sign structure or a sign
cabinet shall be deemed definitive evidence
that such sign requires work beyond normal
and routine repair and maintenance, and such
sign shall not be repaired, maintained, or
reconstructed except in conformity with the
provisions of this Ordinance;
(D) If a legally established nonconforming sign
is damaged or destroyed by any means to
the extent that the repair or reconstruction
of the sign exceeds 50 percent of the cost of
construction of the entire sign, determined
pursuant to Section 21-13.01(n), said legally
established nonconforming sign shall not be
reconstructed except in conformity with the
provisions of this Ordinance;
(E) If the cost of normal and routine repair
and maintenance of a legally established
nonconforming sign exceeds 50 percent of
the cost of construction of the entire sign,
determined pursuant to Section 21-13.01(n),
said legally established nonconforming
sign shall not be repaired, maintained, or
reconstructed except in conformity with the
provisions of this Ordinance; and,
(F) Except as provided in sub-section (2)(B), above,
should a legally established nonconforming
sign be moved for any reason for any
distance whatsoever, such legally established
nonconforming sign shall thereafter conform to
the provisions of this Ordinance.
(j) Reconstruction, Remodeling, or Enlargement of a
Legally Established Nonconforming 1 Unit Dwelling
or 2 Unit Dwelling
Notwithstanding any provision of this section to the
contrary, any legally established nonconforming 1 unit
dwelling or 2 unit dwelling may be:
(1) Reconstructed if damaged or destroyed by fire,
natural disaster or for any other reasons; or,
(2) Remodeled or enlarged, provided that such
remodeling or additions comply with the
development standards of the applicable district
related to maximum building coverage, minimum
setbacks (except as set forth in (l) below), maximum
setbacks, and building height.
(k) Reconstruction or Remodeling of a Legally
Established Nonconforming Multi-Unit Dwelling
Notwithstanding any provision of this section to the
contrary, any legally established nonconforming multi-
unit dwelling which contains 4 or fewer dwelling units
may be:
(1) Reconstructed if damaged or destroyed by fire,
natural disaster, or for any other reasons; or,
(2) Remodeled, provided that such remodeling:
(A) Does not increase the height, area, or bulk of
the building (except as set forth in (l) below);
(B) Does not increase the number of dwelling units
in the building; or,
(C) Does not increase the number of bedrooms in
any dwelling unit in the building.
(l) Additions Along a Legally Established
Nonconforming Rear Setback
Acknowledging that the inability to expand or enlarge a
legally established nonconforming building or structure
may create a hardship for rear building additions, and
where the extent of such rear building addition is not so
significant as to have any adverse impacts on adjacent
properties, the minimum rear setback for any legally
established nonconforming building having a rear
setback which is less than that which is required, or the
maximum rear setback that is greater than that which is
required, shall be allowed to expand one time up to an
amount of 20 percent of the total gross floor area of the
building or structure so long as all of the following are
satisfied:
(1) The expansion or enlargement does not result in
the building or structure being nearer to any side
lot line or front lot line;
(2) The new rear setback is not less than 80 percent of
the permitted rear setback; and
(3) All other applicable development standards,
except the rear setback to be expanded upon are
in compliance with the requirements of the district.
13-6 May 20, 2026
21-13.01 NONCONfORmItIEs & ENfORCEmENt
Nonconformities
The provisions of this sub-section shall not
be applicable to any rear setback in which an
additional setback is required due to adjacency to
an S1, S2, U1, U2, U3, or UF district.
(m) Legally Established Planned Unit Development (PUD)
The Planned Unit Development (PUD) district is no
longer included in the zoning districts applicable to this
zoning ordinance. With the adoption of this ordinance,
all projects previously designated PUD have been
assigned to the zoning district that most closely meets
the intent, uses, and development standards of the
approved PUD. Any development standards approved
as part of the PUD that do not meet the development
standards of the district to which it was assigned shall
be considered permissible as legal approvals in a
manner consistent with the grant of a variance. Any use
approved as part of the PUD but not permitted in the
district to which it was assigned shall be considered
permissible as a legal approval in a manner consistent
with the grant of a special exception and shall be
subject to the site development plan associated with
the approved PUD.
(n) Determination of Cost of Construction
In determining the reported cost of construction of a
building or structure (excluding signs) or the cost of
construction of a sign, the Zoning Administrator may
consider the following items:
(1) Building or Structure. Documentation prepared by
and provided by the applicable insurance company
responsible for adjusting the loss;
(2) Sign. Documentation prepared by and provided
by an appraiser licensed by the State of Indiana to
appraise the type of property involved; or,
(3) Other documentary evidence relevant to the
reported cost of construction deemed appropriate
by the Zoning Administrator.
(o) Existing Buildings – Zone Map Amendment, Special
Exception, or Use Variance
In those instances where buildings exist on a lot or
parcel that is subsequently rezoned to another zoning
district (zone map amendment), granted a special
exception, or approved for a use variance, those
buildings shall be exempt from seeking variances from
the required building placement and building form of
the applicable zoning district. Such developments shall
meet the access and parking, building components,
building standards, site development, landscaping, and
sign regulations of the applicable zoning district. All
existing buildings at the time of the rezoning shall be
deemed to be legal nonconforming buildings and shall
comply with all other provisions of this Ordinance from
that point forward.
SOUTH BEND ZONING ORDINANCE 13-7
NONCONfORmItIEs & ENfORCEmENt 21-13.02
Enforcement
Section 21-13.02: Enforcement
(a) Authority
The Building Department, the Department of Code
Enforcement, the Plan Commission, and the Staff of
each department are hereby designated to enforce the
terms and provisions of this Ordinance in accordance
with Indiana law.
(b) Alleged Violations
Whenever Staff receives a complaint or has reason
to suspect that an alleged violation of the terms and
provisions of this Ordinance are occurring, Staff shall
investigate the complaint or suspicion and shall take
whatever action is warranted in accordance with the
provisions of this section.
(c) Responsibility for Violations
The owner, tenant, or occupant of any building or land
or part thereof and any architect, builder, contractor,
agent, or other person who commits, participates in,
assists, directs, creates, or maintains any situation
that is in violation of the terms and provisions of this
Ordinance, may be held responsible for the violation,
suffer the penalties, and be subject to the remedies
herein provided.
(d) Inspection of Property - Right of Entry
Staff may enter upon any building, structure, or land
or part thereof at any reasonable time for the purpose
of inspecting all buildings, structures, or lands located
within the corporate limits of the City of South Bend
for the purpose of carrying out their duties in the
enforcement of this Ordinance. Prior to entering upon
any premises, Staff shall furnish sufficient identification
and information to enable the owner, tenant, or
occupant to determine the purpose of the inspection
and that the person conducting the inspection is an
authorized representative of the City of South Bend.
If entry is denied by the owner, tenant, or occupant of
a premises, Staff may make application to any court
of competent jurisdiction for the issuance of a search
warrant. Such application shall identify the premises
upon which entry is sought and the purpose for which
entry is desired. The application shall state the facts
giving rise to the belief that a condition which is in
violation of this Ordinance exists on the premises, or
that such a violation in fact exists and shall be abated,
and that the condition or violation is not a lawful
nonconforming use to the best of the affiant's belief.
Any warrant issued pursuant to such application shall
order such owner, tenant, or occupant to permit entry
to Staff for the purposes stated therein.
(e) Cease & Desist Order
Staff is empowered to issue a Cease & Desist Order
requiring the suspension of land improvement of any
kind when any of the following circumstances exist:
(1) A site improvement is occurring without an
improvement location permit or any other permit
required by this Ordinance having first been
obtained; or,
(2) A site improvement is occurring in violation of:
(A) The terms, conditions, or provisions of this
Ordinance;
(B) The terms and conditions of an improvement
location permit;
(C) The terms and conditions of any other permit
required as a prerequisite to the issuance of an
improvement location permit;
(D) The terms, provisions, conditions, or
commitments of a variance or special
exception;
(E) The terms of commitments made or conditions
imposed in connection with the approval of a
development plan;
(F) Other approval grant authorized by this
Ordinance; or,
(G) Other applicable federal, state, or local law or
ordinance.
13-8 May 20, 2026
21-13.02 NONCONfORmItIEs & ENfORCEmENt
Enforcement
(3) The Cease & Desist Order shall be posted on
the lot in a conspicuous place, or personally
delivered to the owner, tenant, or occupant of any
building or land or part thereof and any architect,
builder, contractor, agent, or other person who
commits, participates in, assists, directs, creates,
or maintains any situation that is in violation of the
terms and provisions of this Ordinance and state
the conditions under which construction or other
activity may be resumed. Staff shall meet with the
recipient of a Cease & Desist Order upon request to
explain the conditions under which construction or
other activity may be resumed.
(4) In addition to any other remedies available pursuant
to any other applicable law and this Ordinance,
the South Bend Corporation Council, Zoning
Administrator, or appropriate enforcement official
may institute a lawsuit in a court of competent
jurisdiction to enforce the provisions of a Cease &
Desist Order, including, but not limited to, injunctive
relief.
(f) Violations
Subject to the provisions of Section 21-13.01, each
of the following shall constitute a zoning violation
which may be enforced by the Building Department,
Department of Code Enforcement, and the Department
of Community Investment in accordance with the
provisions set forth in Section 21-13.02(g) below:
(1) The failure to obtain an improvement location
permit when one is required by the terms and
provisions of this Ordinance;
(2) The violation of a Cease & Desist Order issued
pursuant to this section;
(3) The outdoor storage of junk, trash, or debris in any
district the provisions of which do not specifically
permit such a use;
(4) The parking or storage, in any district the provisions
of which do not specifically permit such a use, of
any:
(A) Motor vehicle used or designed for use in
pulling, towing, hauling, transporting; or,
(B) Motor vehicle or separate trailer as a temporary
or permanent base, platform, or support for
equipment, machinery, materials, or other
goods (including but not limited to stake body
trucks, dump trucks, trucks or tractors having
dual real wheels or more than two axles, semi-
trailer tractors, semi-trailers, and trailers having
dual real wheels or more than one axle or
having an overall length of more than 12 feet.
However, this provision does not apply to motor
vehicles which do not exceed three-quarter
ton load classification in size and which are
the primary source of transportation for an
individual whose primary place of residence is
the particular dwelling at which the commercial
motor vehicle is parked on a regular basis.
(5) The conduct of any activity that is not specifically
enumerated as a permitted primary or accessory
use in that district, and which activity has not been
legally established by a currently valid special
exception or other approval grant;
(6) The location, erection, or maintenance of any sign
not specifically permitted by this Ordinance;
(7) The outdoor storage or display of merchandise or
goods in any district the provisions of which do not
specifically permit such a use or in violation of the
district development standards regulating such a
use;
(8) Failure to comply with district development
standards, including but not limited to landscaping,
design and paving of parking areas, minimum
loading space requirements, trash container
enclosures, fencing, landscaping, or screening
requirements;
(9) The failure to comply with:
(A) The terms, provisions, conditions, or
commitments of a variance grant or special
exception grant;
(B) The terms of commitments made in connection
with a zoning map change or the approval of a
development plan;
(C) The terms, provisions, or conditions of any
other permit required as a prerequisite to the
issuance of an improvement location permit; or,
SOUTH BEND ZONING ORDINANCE 13-9
NONCONfORmItIEs & ENfORCEmENt 21-13.02
Enforcement
(D) Other approval grant authorized by this
Ordinance; and,
(E) Any other provisions of this Ordinance, or
other applicable federal, state, or local law or
ordinance.
The primary enforcement responsibility for Items (1)
and (2) above shall be the vested with the Building
Department; however, the Department of Code
Enforcement or the Department of Community
Investment may also initiate enforcement of these
matters.
The primary enforcement responsibility for Items (3),
(4), and (5) above shall be vested with the Department
of Code Enforcement; however, the Department of
Community Investment may also initiate enforcement of
these matters.
The Zoning Administrator, as part of the Department
of Community Investment, or his or her designee shall
be responsible for enforcing against all other zoning
violations set forth above; however, the Department of
Code Enforcement and Building Department shall also
be authorized to initiate enforcement at their discretion.
(g) Remedies or Penalties for Violation
Any owner, tenant, or occupant of any building or land
or part thereof and any architect, builder, contractor,
agent, or other person who commits, participates in,
assists, directs, creates, or maintains any situation that is
in violation of the terms and provisions of this Ordinance
as defined in Section 21-13.02(f) above, may be issued a
citation by Staff.
Subject to the provisions of (1) and (2), below, each day
a zoning violation remains uncorrected is a distinct and
separate zoning violation subject to an additional citation
and fine in the amount prescribed in this Ordinance.
(1) Procedures for Initial Notice of Zoning Violation or
Citation.
(A) Staff may issue a notice of zoning violation to
a person (i.e., any owner, tenant, or occupant
of any building or land or part thereof and
any architect, builder, contractor, agent, or
other person) who commits a zoning violation
or allows a zoning violation to be committed
on real estate in which the person has a
possessory interest. The notice of zoning
violation may be served by: personal service;
certified mail, return receipt requested;
registered mail; or, by posting such notice
in a conspicuous place on the lot where the
violation occurs, and shall serve as notice that a
zoning violation has been committed.
(B) No citation shall be issued unless notice as
required by Section 21-13.02(g)(1)(A) has been
provided at least 10 days before the citation is
issued, in order to allow the person receiving
notice an opportunity to correct the violation
and to come into compliance with the terms
and provisions of this Ordinance, provided,
however, the service of a notice of zoning
violation and the provision of time to correct the
zoning violation is not required before issuing a
citation for a violation of a Cease & Desist Order
issued pursuant to Section 21-13.02(e). If upon
re-inspection, the zoning violation remains
unabated, a second notice of zoning violation
may be served, or a citation accompanied by
the fines as specified in Section 21-13.02(h),
below, may be issued.
(2) Action After Second Notice or Citation. A person
(i.e., any owner, tenant, or occupant of any building
or land or part thereof and any architect, builder,
contractor, agent, or other person) who is served
with a second notice of zoning violation or receives
a citation shall have 10 days from service of a
second notice of zoning violation or receipt of
citation to take one of the following actions:
(A) Such person may elect to file a petition for a
permit, zoning map change, variance, special
exception, or development plan approval to
correct such violation, in which case the person
shall indicate the intent to file such a petition
on the served second notice or citation and
return a copy to the Zoning Administrator or
appropriate enforcement official. During the
pendency of said petition, the issuance of
additional notices or citations and additional
monetary fines as prescribed in Section 21-
13.02(h), shall be stayed. A person who files the
13-10 May 20, 2026
21-13.02 NONCONfORmItIEs & ENfORCEmENt
Enforcement
petition within said time period shall pursue
the petition in an expeditious and diligent
manner. If the petition is denied, withdrawn, or
dismissed and the zoning violation continues,
then a lawsuit may be commenced by the
South Bend Corporation Council, Zoning
Administrator, or appropriate enforcement
official as provided by applicable laws.
(B) Such person or any other interested party may
elect to appeal the decision of the enforcement
official pursuant to Section 21-12.03(c) as an
Administrative Appeal before the Board of
Zoning Appeals.
(3) Legal Action for Failure to Correct Violation.
If an owner, tenant, or occupant of any building
or land or part thereof and any architect, builder,
contractor, agent, or other person who is served
with a second notice of zoning violation or receives
a citation fails to either correct the violation or take
such actions to come into compliance within 10
days as set forth in Section 21-13.02(g)(2), above,
then the South Bend Corporation Council, Zoning
Administrator, or appropriate enforcement official
may institute legal action in a court of competent
jurisdiction to enforce the terms and conditions
of this Ordinance, including, but not limited to:
enforcement of a Cease & Desist Order as provided
in Section 21-13.02(e); assessment and collection
of fines as provided in Section 21-13.02(h); or, the
pursuit of injunctive and other equitable relief and
remedies available under Indiana law.
(h) Fines
Monetary fines for zoning violations shall be assessed
as follows:
(1) In a S1, S2, U1, U2, or U3 District.
(A) The monetary fine for the first citation for a
zoning violation shall be not less than Fifty
Dollars ($50.00). The following monetary fines
shall apply for each subsequent citation:
(B) Second Citation - Minimum $100.00
(C) Third Citation - Minimum $200.00
(D) Each additional - Not to exceed a $300.00
increase in the previously assessed monetary
fine, to a maximum monetary fine for each
citation not to exceed Two Thousand Five
Hundred Dollars ($2,500.00).
(E) Each day that a zoning violation remains
uncorrected shall constitute a violation which
may result in the issuance of a subsequent
citation.
(2) In a UF, NC, DT, OS, U, C, or I District.
(A) The monetary fine for the first citation for a
zoning violation shall be not less than Fifty
Dollars ($50.00). The following monetary fines
shall apply for each subsequent citation:
(B) Second Citation Minimum - $100.00 per day
that the zoning violation remains uncorrected.
(C) Third Citation Minimum - $200.00 per day that
the zoning violation remains uncorrected.
(D) Additional Citations - Not to exceed a $300.00
increase in the previously assessed monetary
fine for each day that the zoning violation
remains uncorrected, to a maximum monetary
fine for each zoning violation not to exceed Two
Thousand Five Hundred Dollars ($2,500.00)
per day that the zoning violation remains
uncorrected.
(E) Each day that a zoning violation remains
uncorrected shall constitute a violation which
may result in the issuance of a subsequent
citation.
(3) All fines prescribed by this section for zoning
violations shall be paid as follows:
(A) If enforcement action was initiated by the
Building Department, all fines thus received
shall be deposited with the applicable fund for
fines of the Building Department.
(B) If enforcement action was initiated by the
Zoning Administrator or Department of
Community Investment, all fines thus received
shall be deposited with the applicable fund
for fines of the Department of Community
Investment.
SOUTH BEND ZONING ORDINANCE 13-11
NONCONfORmItIEs & ENfORCEmENt 21-13.02
Enforcement
(C) If enforcement action is initiated by the
Department of Code Enforcement, all fines
thus received shall be deposited in the same
account as fines collected pursuant to Chapter
16, Article 8, Section 16-61 of the South Bend
Municipal Code.
(D) The person making the payment shall receive
a receipt stating the amount and purpose for
which the fine has been paid, a duplicate of
which shall be made a part of the records of
the City of South Bend.
(4) If a person who receives a citation fails to:
(A) Pay the assessed fine within:
i. In a S1, S2, U1, U2, or U3 district - 14 days
after the issuance of a citation; or
ii. In a UF, NC, DT, OS, U, C, or I district - 7
days after the issuance of a citation;
(B) File a petition as prescribed in Section 21-
13.02(g)(2)(A), above; or,
(C) File an appeal as prescribed in Section 21-
13.02(g)(2)(B), above,
The South Bend Corporation Council, Zoning
Administrator, or appropriate enforcement official
may file a lawsuit as provided by applicable law to
enforce the terms and provisions of this Ordinance.
(5) Additional Remedies
(A) Seeking a penalty as authorized in this section
does not preclude the designated enforcement
entity from seeking alternative and additional
relief from the Court in the same action, or from
seeking injunctive relief or any other remedy
in a separate action for the enforcement of this
Ordinance available under applicable Indiana
law.
(B) In the event that a violation of this Ordinance
is determined to exist by a court of competent
jurisdiction, the owner, tenant, or occupant of
any building or land or part thereof and any
architect, builder, contractor, agent, or other
person who commits, participates in, assists,
directs, creates, or maintains any situation that
is in violation of the terms and provisions of this
Ordinance shall be liable to the City of South
Bend for the City’s reasonable attorney fees in
accordance with Indiana law.
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