Loading...
HomeMy WebLinkAboutmending - Zoning ordinance Rezoning ProceduresORDINANCE No. 5409 -72 Passed by the Common Council of the City of South Bend, JULY 24 IRENE K. GAMMON 72 Presented by me to the Mayor of the City of South Bend, JULY 25 Approved and signed by me PLAINTIFF'S ev.. 72 Clerk of Common Council IRENE K. GAMMON Clerk ORDINANCE NO. 5409 -72 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION 1. Article 7 of Chapter 21 of the Municipal Code of the City of South Bend, Indiana, is hereby amended in its entirety to read as follows: "ARTICLE 7. REZONING PROCEDURES "Sec. 21 -118. Rezoning Amendments: how initiated. An amendment may be presented to the Clerk of the Council requesting the rezoning of any area within the jurisdiction of the city by -- 1. The Area Plan Commission (referred to as the Commission in the remainder of this Article), or 2. Petition of the owners of fifty per cent (50 %) or more of the area involved in the petition. 3. A member of the Council. Additionally, the Council may direct the Commission to prepare a rezoning amendment and submit it to public hearing by the Commission within sixty (60) days after formal written request by the Council. "Sec. 21 -119. Amendment proposed by the Area Plan Commission In the case of an amendment proposed and recommended by the Commission, the Council has 60 days in which to adopt or reject said recommendation. If the Council has not adopted or rejected said recommendation within sixty (60) days after the Commission's recommendation, the amendment shall be deemed approved as recommended and the ordinance submitted with the petition shall have the force and effect of law." "Sec. 21 -120. Petition by Property Owners: Procedure In the case of a petition submitted by the owners of fifty per cent (50 %) or more of the area involved in such petition - 1. A petition to rezone shall be first received by the Council. Before any final action is taken by the Council, the petition shall be referred by them to the Commission for hearing, consideration and recommendation. 2. The petitioner should consult informally with the Executive Director of the Commission prior to preparation and submittal of a petition. 3. A petition shall be on the form provided, available in the City Clerk's office, and all petitions for Use Districts, other than "A ", "A -1 ", "B -1" and "C -2" (provision for site plans for these districts are provided for in the section of the zoning ordinance applicable to said use districts) and other than those originated by the Commission, unless they so require, shall be accompanied by an overall site development plan showing, but not limited to: gross acreage, proposed land uses, number, type and location of buildings, building heights, open space allocations, on -site parking provisions and parking ratios, street, setbacks, buffer strips, landscape planting areas, tabulated data giving the proposed number and type of units, proposed land coverage, floor and land areas by use. PACE TWO. 4. Petitions for rezoning to use districts shall be accompanied by the data required herein and subject to the following procedure: A. Five (5) copies of the completed petition to rezone subject to the site development plan shall be filed in the office of the City Clerk. B. The Council shall refer same to the Commission for public hearing and recommendation. After due notice and public hearing, the Commission shall -- 1) recommend approval subject to the site develop- ment plan as tendered, or 2) recommend approval subject to modification of the site development plan as tendered, or 3) recommend approval subject to submission and approval of a final site development plan, as provided herein, or 4) recommend disapproval. In the event the Commission recommends approval of the petition to rezone subject to modification of the site development plan as tendered, such modification must be accepted, and remedied by the petitioner prior to the recommendation by the Commission to the Council. Notice of such modification shall be submitted to the petitioner within five (5) days after action by the Commission. Where approval is recommended by the Commission subject to the site development plan as tendered or modified, the site development plan shall be certified by the seal of the Commission. C. 1) If the Commission does not submit a recommendation to the Council within sixty (60) days after the petition is referred to the Commission, or within ten (10) days after submission of the modified site plan by the petition in the case of modification required by the Commission, whichever comes later, the Council may take final action on the petition without recommendation by the Commission, unless the petitioner requests in writing to the Council and the Commission additional time. 2) If the Council fails to act on a report of the Commission recommending approval of disapproval of a petition within sixty (60) days after such submission by the Commission, such petition shall be deemed approved or disapproved by the Council as recommended by the Commission. D. If the petition to rezone, subject to the approved site development plan certified by the seal of the Commission, is approved by the Council, then a certified copy thereof shall be distributed to each of the following to insure compliance therewith: 1) Common Council 2) City Building Commissioner 3) City Engineer PAGE THREE 4) Area Plan Commission, and 5) Petitioner The Building Commissioner may thereafter issue a building permit only in accordance with the site development plan for the rezoned property. E. 1) If the petition to rezone subject to submission of a final site development plan is approved by the Council, a certified copy of such action shall be provided to the Commission for subsequent final site development plan approval. A copy of such certification shall also be provided the petitioner. 2) For final rezoning approval subject to a final site development plan, the petitioner or his successor in title shall submit to the Commission a final site development plan within one year after the date of the certification of rezoning subject to a final site development plan by the Council. 3) Site Plan Composition - the final site plan must be to scale and must show at least the following: a. The exact location, size and other pertinent data of all land uses on the site including types, location and height of buildings, parking, open areas and landscaping, and b. Dimensioned setback lines from property lines and street right -of -way lines, and c. Adjacent thoroughfares and all curb cuts within 500 feet, including -- (1) Proposed new cut (s) onto public rights -of -way with turning radii, width, material used and slope; and (2) Dimensions of all rights -of -way, and d. Drainage plan to conform with City Engineering Department Standards, and e. Location of all utilities, and f. Tabulated data including at least -- (1) Gross net density of dwelling units, and (2) Parking ratio by either per dwelling unit, per employee, or per square feet of floor area, and (3) Per cent and amount of land coverage by use, and (4) Per cent and amount of floor area by use and by type, and (5) Estimated number of population, and g. Topographical map showing existing and proposed contours and all natural features if development is a parcel over one acre. PAGE FOUR 4) If the Commission determines that final site development plan does not conform substantially or is not consistent with the site development plan submitted with the initial petition, as certified by the Council, said Commission shall inform the Council, and the petitioner of the disapproval of the final site development plan. The petitioner may, within twenty (20) days, appeal the disapproval to the Council. If the petitioner does not appeal the Commission's disapproval or if the Common Council affirms the Commission's disapproval, then the petitioner may file one additional final site plan to the Commission making such corrective revisions as may be required. The Commission shall have sixty (60) days within which to .review and take final action on the second final site plan. If the second final site plan is also disapproved, the petitioner may file a new petition pursuant to the foregoing procedural requirements. 5) If the Commission does not act on a final site plan and notify the petitioner of its action within sixty (60) days after the final site plan is submitted to the Commission, such final site plan shall be deemed approved by the Com- mission, unless the petitioner requests in writing to the Council and the Commission additional time. 6) If the final site development plan is approved by the Commission, by the Council, or if the final site plan becomes effective because of inaction by the Commission within the time specified above, notice of such action accom- panied by the seal of the Commission shall be filed with the following to insure compliance therewith: a. Common Council b. City Building Commissioner C. City Engineer d. Area Plan Commission, and e. Petitioner The Building Commissioner may thereafter issue a building permit for the rezoned property only in accordance with the certified final site development plan. 7) If the petitioner, or his successor in title, is unable to submit a final site development plan to the Commission withon one (1) year after the date of certification of rezoning by the Council, a written request for an extension of time not to exceed one (1) additional year for such submission may be granted by the Commission. F. Approval of rezoning shall be withdrawn, any building permit revoked, and the original zoning classification reinstated if construction, pursuant 'PAGE'-FIVE. to the site development plan certified by the seal of the Commission is not commenced within twelve (12) months after the amendment to the zoning ordinance becomes law; provided, however, an extension of time not to exceed six (6) months may be granted if the Commission determines that the petitioner, or his successor in title, has diligently pursued the project. 5. In the case of a rezoning amendment submitted to the Council by the Commission and in the case of a petition submitted by property owners and recommended by the Commission to the Council for approval, if the Council rejects or amends the ordinance accompanying the amendment or petition then such amendment or petition shall be returned to the Commission for its consideration with a formal notification of and a written statement of the reasons for such rejection or amendment. A. if the Commission approves a Council amendment or fails to submit a report on an amendment within forty -five (45) days after formal notification from the Council, then the amended ordinance shall be effective as of the date of the recording of the Commission's approval or failure to act with the Council. B. If the Commission fails to submit a report on a Council rejection within forty -five (45) days after formal notification from the Council, then the ordinance shall be deemed rejected. C. If the Commission disapproves a Council amend- ment, then the amended ordinance shall be effective only if confirmed by a majority vote of the Council within forty -five (45) days after receipt of the Commission's report by the Council. D. If the Commission disapproves a Council rejection, then the original ordinance shall be deemed effective as law unless, within forty -five (45) days after receipt of the Commission's report by the Council, the Council confirms its rejection by majority vote. 6. The rezoning ordinance subject to the site development plan shall constitute a limitation on the use of the premises therein contained and shall be binding on all persons. 7. Any person who fails to conform to the provisions of the rezoning ordinance subject to the site development plan shall be ordered to cease and desist by the Building Commissioner and failing to do so, shall be required by the Commission to show cause, if any he has, why approval should not be withdrawn, his building permit revoked, and the original zoning classification reinstated. "Sec. 21 -121 Notice and Public Hearing. Before the Commission submits to the Council any petition for rezoning or a report on a proposed rezoning amendment requested by the Common Council, the Commission shall hold a public hearing on the same, notice of which shall be published in a newspaper of general circulation in the City of South Bend, Indiana, at least ten (10) days prior to the date set for such public hearing. Petitioners shall pay such processing and advertising costs as shall be established by the Commission." PAGE 'SIX "Sec. 21 -122. Zoning of Annexed Areas A. Each area annexed to the City after the effective date of this provision shall be zoned "A" Residence District as of the date of annexation. B. Within sixty (60) days after notification of the date of annexation of an area hereafter annexed to the City, the Commission shall 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. C. No building permit may be issued by the Building Commissioner and no change in use or bulk of structures 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 in a recorded subdivision building permits may be issued for single family dwelling units. SECTION 2. This Ordinance shall be in full force and effect from and after its enactment, approval by the Mayor and legal publication. s/ Peter J. Nemeth Member of the Common Council lit b iae R KWW COMMITITE CE TiU3 Tom PUBLIC NEARINQ 31d READING NOT APPROVED. REFERRED PASSED 7- a '/ - ' a 0' Toutwtura eparT JULY 24, 1972 010 14r klommon taounril of tot tang of ftut# Wrad: Your Committee of the Whole to whom was referred AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable as amended. Councilman Nemeth made a motion to amend the ordinance as follows: Section 21 -118 (3) after the words public hearing, insert the words "by the Commission ". Section 21 -119 - Delete. Add a new section as follows: "I,n the case of an amendment proposed and recommended by the Commission, the Council has sixty days in which to adopt or reject said recommendation. If the Council has not adopted or rejected said recommendation within sixth days after the Commission's recommendation, the amendment shall be deemed approved as recommended and the ordinance submitted with the petition shall have the force and effect of law ". Section 21 -120 (4 C. 1) After the words requests in writing to the insert the words "Council and ". Section 21 -120 (4 E. 5) insert after the word Council "and the Commission ". Section 21 -122. Insert after the word Council ", except that for lots of record in a recorded subdivision building permits may be issued for single family dwelling units ". Councilman Parent seconded the motion to amend and it Chairman was carried. Odell Newburn !R[[ IR ERi IURLIRNIN6 <O. AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IND. Peter Nemeth, President Common Council of the City of South Bend County -City Building South Bend, Indiana 46601 HOWARD BELLINGER. EXECUTIVE DIRECTOR ROOM 1219 COUNTY -CITY BUILDING 22l W. JEFFERSON BLVD., SOUTH BEND, INDIANA 48801 (219) 284 -9571 May 24, 1972 In Re: Amendment to Zoning Ordinance of the City of South Bend, Indiana - Article 7, Rezoning Procedures Dear Mr. Nemeth: Please be advised that the Area Plan Commission, on May 16, 1972, held a public hearing on the ordinance amend- ing the Zoning Ordinance of the City of South Bend, Indiana "Article 7, Rezoning Procedures." I have enclosed a copy of the ordinance which includes amendments worked out in earlier conference with you and At- torney Kevin Butler. Please note the amendments have been underlined for your convenience. Following due consideration, a motion was made by Dwight Miller and seconded by Russell Rothermel and unani- mously carried recommending favorably to the Common Council, the subject ordinance with the following recommended re- visions: 1. Sec. 21 -118 -3 This item should read as follows: "(3) A member of the Common 00uncil, to that Council. This is consistent with State Enabling Act, Page 15, #52 Item (1). 2. Sec. 21 -119 This paragraph should read as follows: III the case of an amendment proposed and recommended by the Commission, the Council has 60 days in which to adopt or re- ject said recommendation. If the Council has not adopted or rejected said recommendation within 60 days after the Com- mission's recommendation the amendment shall be deemed ap- proved as recommended and the ordinance submitted with the peti- tion shall have the force and effect of law." 3. Sec. 21- 120- 4.C.1. This item should read as fol- lows: (4.C.1) ... unless the petitioner makes request to the -Com- mission in writing for additional time. Peter Nemeth, Common Council Re: Article 7, Rezoning Procedures Page Two 4. Sec. 21- 120- 4.E.5. This item should also read as follows: (4.E.5.)... unless the petitioner makes request to the Commission in writing for additional time. 5. Sec. 21 -122.0 This item should be extended with the following: (C) ... Except that: For lots of record in a recorded subdivision building permits inay be issued for single family dwelling units. I would appreciate the opportunity to discuss with you and the Council the reasons for the above recommended revisions. Very truly yours, i i HOWARD BELLINGER, Executive Director HB :lad enclosures