HomeMy WebLinkAboutAmending Chapter 40 Section 40-8ORDINANCE NO. 4828 -66
Passed by the Common ;Council of the City of South Bend,
Clerk
of Common Council
Presented by me to the Mayor of the City of South Bend,
Approved and signed by
February 15. i9 66
Clerk
IDEALPREEE
FILED IN CLERK'S OFFICE
19 1966
ORDINANCE NO. l
IF KATHRYN L. BLOUGH
CITY CLERK, SOUTH BEND, IND.
AN ORDINANCE ENDING CHAPTER 40,
SECTION 40 -8 F THE MUNICIPAL CODE
OF SOUTH BEND, INDIANA
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA:
I Section l:
2
3 That the Municipal Code of South Bend, Indiana shall be
4 amended so that Chapter 40, Section 40 -8, all be and read
5 as follows: (a
6
7
9 SECTION 40 -8
10 (a) Any petition or ordinance for amendment, supplement, change
11 or repeal of the Zoning Ordinance or any part thereof not origin -
12 ating in the Area Plan Commission shall be referred to the plan
13 commission for consideration and report before any final action
14 is taken by the City Council.
15
16 It is suggested that the petitioner consult informally with
17 the Executive Director of the Area Plan Commission prior to the
18 preparation of the rezoning petition.
19
20 A rezoning petition shall be on the form provided, available
21 in the City Clerk's Office and all petitions for Use Districts
22 other than "A" "A_ '+ " ++ , 1 , A -2 , and 11C-211 and other than those
23
24 originated by the Area Plan Commission, shall be accompanied by
25 an overall site development plan showing, but not limited to;
26 proposed land uses, number, type and location of buildings, build -
27 ing heights, open space allocations, on site parking provisions
28 and parking ratio, streets, setbacks, buffer strips, landscape
29 planting areas, tabulated data giving the proposed number and
30 type of units, gross acreage, proposed land coverage, floor and
31 land areas by use.
32 Rezoning to use districts other than "A". "A-1111 "A-211)
33 34 and "C -2" shall be accompanied by the data required herein and
35 subject to the following procedure:
37 1. Four copies of the completed petition to rezone subject
to the site development plan, shall be filed in the office of
30 the City Clerk.
-2-
2. The City Council shall refer same to the Area Plan
Commission for public hearing and recommendation. After public
hearing the Area Plan Commission shall:
a. Recommend approval as tendered; or
b. Recommend approval subject to modification; or
C. Recommend disapproval
of the petition to rezone, subject to the site development plan.
In the event the Area Plan Commission desires to recommend
approval subject to modification, such modification must be
accepted by the petitioner prior to recommendation by the Am a
Plan Commission to the City Council. Where approval is
recommended by the Area Plan Commission, the site development
plan shall be certified by the seal of the Area Plan Commission.
3. The City Council will act on the proposed petition to
rezone subject to the site development plan.
4. If the petition to rezone subject to the site develop-
ment plan is approved by the City Council, a certified copy
thereof shall be distributed to each of the following to insure
compliance therewith:
a. Area Plan Commission,
b. Building Commissioner of South Bend,
c. The petitioner.
The Building Commissioner is thereafter authorized to issue a
building permit in accordance with the site development plan
for the rezoned property.
5. For any change, modification or amendment to the site
development plan, the petitioner shall submit a request in
writing to the Area Plan Commission setting same forth in
detail. Where the change, modification or amendment involves
enlargement or relocation of buildings or uses, or where the
Area Plan Commission in its sole discretion believes it advis-
able, the petitioner must file a new petition to rezone subject
to the changed, modified or amended site development plan and
same will be determined in accordance with the procedure here to-
fore set forth.
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.
-3-
90 7. Approval shall be withdrawn, any issued building permit
91 revoked and the original zoning classification reinstated if
92 construction pursuant to the site development plan is not
93 commenced within 12 months after the amendment to the zoning
94 ordinance becomes law.
95
96 The petitioner, or his successor in title, shall, within
97 24 months after the amendment to the zoning ordinance becomes
98 law, file with the Area Plan Commission a declaration. under
99 oath that the construction pursuant to the site development
100 plan has been completed or shall file a declaration under oath
101 to the fact that the construction pursuant to the site develop -
102 ment plan has not been completed and shall state the reasons
103 why said construction has not been completed. If the Area Plan
104 Commission determines that the petitioner, or his successor in
105 title, has failed to diligently pursue completion pursuant to
106 the site development plan after construction is commenced, then
107 it may withdraw approval, revoke any building permit that has
108 been issued and order that the original zoning classification
109 be reinstated. If the Area F"an Commission determines that the
110 petitioner, or his successor in title, has diligently pursued
III completion pursuant to the site development plan after construc-
112 tion is commenced, then the Area Plan Commission may grant the
113 petitioner, or his successor in title, a six (6) month exten-
114 sion, or such period of time beyond six (6) months as may be
115 requested by the petitioner or at the Plan Commission's own
116 motion, to complete the constuction pursuant to the site
117 development plan.
118
119 Any person who fails to conform to the provisions of the
1210 rezoning ordinance subject to the site development plan shall
1I— be ordered to cease and desist by the Building Commissioner
122 and failing so to do, shall be required by the Area Plan Com-
123 mission to show cause, if any he has, why approval should not
124 be withdrawn, his building permit revoked or the original
i25 zoning classification reinstated.
126
127 Section 2:
128
129 This Ordinance shall be in full force and effect from and
130
131 after its passage, approval by the Mayor, and legal publication.
Iat & 2nd READING
COVMTTEE OF THE WHOLE
PUBLIC HEARING a y 66 G4
3rd READING a -/ ber of the Co on Council of
-6� t�y City of South Bend, Indiana
NOT APPROVED
REFERRED
PASSED
AREA PLAN COMMISSION
OF ST. JOSEPH COUNTY, IND.
January 19, 1966
12S W. COLFAX AVENUE, SOUTH BEND, INDIANA 46601
FILED IN CLERK'S OFFICE
JAiq 191966
KATHRYN L. BLOUGH
CITY CLERIC, SOUTH BEND, IND.
The Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
The attached ordinance amending Chapter 40, Section 40 -8
of the Municipal Code of South Bend, Indiana was legally
advertised under date of January 8, 1966 and given public
hearing on January 18, 1966. The following action was
taken:
After due consideration it was moved by
Mr. Lehman, seconded by Mr. Sharp and
unanimously carried that the ordinance
be recommended favorably to the Council.
The deliberations of the Area Plan Commission are shown
in the excerpts of the minutes attached hereto and made
a part of this report..
Very truly yours,
G
John K. Wilson,
Executive Director
JKW /caf
Attach.
EXCERPTS OF THE MINUTES OF THE AREA PLAN COMMISSION MEETING
ON JANUARY 18, 1966.
2. A proposed ordinance amending Section 23 -(a) of the
Zoning Ordinance of the City of South Bend, Ordinance
No. 3702, (Chanter 40, Section 40 -8 of the Municipal
Code of the City of South Bend, Indiana) which amend-
ment would require a proposed site development plan to
accompany and be approved as part of any rezoning for
all use districts except "A" "A -1" "A -2" and "C -2"
Mr. John K. Wilson, Executive Director of the Area
Plan Commission now indicated to the members of the
Commission that the purpose of the proposed amendment
is to provide greater control over land which is being
rezoned; that said amendment would require a person
requesting a rezoning in all but the exempted catagories
to submit a site development plan to be approved as
part of the rezone. Once this site development plan
is approved the petitioner and /or any future title holder
will be bound by same. The proposed amendment would
also set a time limit during which constract16n_:must
begin and be completed.
No one appeared in remonstrance.
After due consideration it was moved by Mr. Lehman,
seconded by Mr. Sharp and unanimously carried that
the ordinance be recommended favorably to the Council.
February 14, 1966
fbAtttritilfeP IFpDtTf
i1v tot TiOumwn Moumil of * e4 of Omd# lenD:
Your Committee of the Whole
to whom was referred "AN ORDINANCE AMENDING CHAPTER 40, SECTION 40 -8 (a)
OF THE MUNICIPAL CODE 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.
65.� / Chairman