HomeMy WebLinkAboutAmend Chapter 21, Article 3, Adding Regulations to allow for reconstruction of non-conforming single family homesORDINANCE No.
9146-00
Passed by the Common Cocrncil of the City of South Bend, Indiana
October 9,
Arrest:
Attest:
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20
Presented by me to the Mayor of the Ciry of Sontlt Bend, Indiana
O .tob _r 10. 20 00
Ciry Clerk
President of Common Corcncil
Ciry Clerk
Approved and signed by me October 11, 20 00
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ORDINANCE NO . 1 ~~ -O~
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING ARTICLE 3, NONCONFORMING USES, OF CHAPTER 21,
ZONING, OF THE SOUTH BEND MUNICIPAL CODE BY REVISING AND ADDING
REGULATIONS TO ALLOW FOR RECONSTRUCTION OF NON-CONFORMING SINGLE-
FAMILY HOMES.
STATEMENT OF PURPOSE AND INTENT
The purpose of this ordinance is to amend Chapter 21 of the
Municipal Code to modify the nonconforming use regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section 1. Section 21-37 of Article 3 Chapter 21 of the
South Bend Municipal Code is amended to read as follows:
Sec. 21-37 (c)
~e-ss -___--_`--' -___.. A nonconforming use or structure,
except a single-family dwelling and its accessory buildings,
which is destroyed or damaged by fire or other casualty or
act of God to the extent that the cost of restoration to the
condition in which it was before the occurrence will exceed
fifty percent (50o)of the cost of restoration of the
entire building or structure new, shall not be restored
unless said building or structure and the use thereof,
conforms to all regulations of the district in which it is
located.
(d) Whenever a nonconforming use of a building has been
changed to a more restricted use or to a conforming use,
such use shall not thereafter be changed to a less
restricted use.
Section 2. This ordinance shall be in full force and
effect from and after its passage by the Common Council, approved
by the Mayor, and legal publication.
Member, South Bend mmon Council
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LORBTTA J. DUDl4
CITY CLERM, ~. E3EN0~ 61<i.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
71-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING ARTICLE 3, NONCONFORMING
USES, OF CHAPTER 21, ZONING, OF THE SOUTH BEND
MUNICIPAL CODE BY REVISING AND ADDING REGULATIONS
TO ALLOW FOR RECONSTRUCTION OF NON-CONFORMING
SINGLE-FAMILY HOMES
Respectfully report that they have examined the matter and that in their opinion, this bill is being
recommended to the full Council with a favorable recommendation as substituted.
Andrew Udj ak
Chairman
~" Area Plan Commission of St. Joseph County
1140 County-City Building .
227 West Jefferson Blvd.
South Bend, Indiana 46601
Robert W. Sante John W. Byomi
Executive Director Assistant Director
Phone 219 235-9571 Fax 219 235-9813
September 20, 2000
The Honorable Common Council
City of South Bend
County-City Bldg. - 4th Floor
South Bend, IN 46601
RE: A proposed ordinance initiated by the Common Council of the City of South Bend
amending Article 3, Nonconforming Uses, of Chapter 21, Zoning, of the South Bend
Municipal Code by revising and adding re ulations to allow for reconstruction of
non-conforming single-family homes - AP~ #2020-00
Dear Council Members:
The above referenced ordinance initiated by the Common Council was legally advertised
on September 7, 2000. The Area Plan Commission at its public hearing on September 19,
2000, took the following action:
Upon a motion by John McNamara, being seconded by Karl King and unanimously
carried, the proposed ordinance initiated by the Common Council of the City of South
Bend amending Article 3, Nonconforming Uses: of Chappter 21, Zoning, of the South Bend
Municipal Code by revising and adding regulations to allow for reconstruction of
non-conforming single-fam>~ly homes is sent to the Common Council with a favorable
recommendation. The petition is similar to the County's Ordinance for the reconstruction
of non-conforming single-family homes when destroyed by fire or other casualty or act of
God. Although it is not normally a good idea to allow the reconstruction of
non-conforming uses, in the City of Bend there are many single family areas that are still
improperly zoned commercially or industrial. Many of these areas have been rezoned, but
there are still many areas that need to be rezoned. This ordinance will provide protection
for these single family homes until they can be properly rezoned.
The deliberations of the Area Plan Commission and points considered in arriving at the
above decision are shown in the 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's Staff Report.
Si ~.
G~ ~
o . Sante
RWS:sr
Attachment
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
SFP ~ ~ 2Q00
CITY CLi.:i::, .`. D. ~.r; :a, t"I.
J ~
STAFF REPORT September 11, 2000
Common Council of the City of South Bend 2020-00
Location:
City of South Bend
REQUESTED ACTION: This is a Common Council initiated petition to
update the standards regulating the
reconstruction of nonconforming single-family
homes when destroyed by fire or other casualty
or act of God.
PRELIMINARY
STAFF RECOMMENDATION: Based on information available prior to the
public hearing, the staff recommends that this
petition be sent to the Common Council with a
favorable recommendation. The petition is
similiar to County's Ordinance for the
reconstruction of non-conforming single-family
homes when destroyed by fire or other casualty
or act of God. Although it is not normally a
good idea to allow the reconstruction of
non-conforming uses, in the City of Bend there
are many single family areas that are still
improperly zoned commercially or industrial.
Many of these areas have been rezoned, but
there are still many areas that need to be
rezoned. This ordinance will provide
protection for these single family homes until
they can be properly rezoned.
Office of the City Clerk
Loretta J. Duda, City Clerk
September 11, 2000
Ms. Loretta J. Duda
City Clerk
Room 455, County-City Building
South Bend, IN 46601
Dear Loretta:
In accordance with state statute, Bill No. 71-00 has been submitted as City
Council initiated for purposes of public hearing. This letter serves as notification
that a majority of City Council are aware that Bill No. 71-00 is submitted in
compliance with the statutory requirement for a City Council initiated ordinance.
If you have any questions regarding this bill, please feel free to contact me.
Thank you for your assistance.
Respectfully,
~ Q~
Charlotte Pfeifer
South Bend Common Council President
cc: Area Plan Commission
City Council Members
Mayor Stephen J. Luecke
455 County-City Building • South Bend, Indiana 46601 •219/235-9221 • Fax 219/235-9173 • TDD 219/235-5567
Sandra Parmerlee Janice Talboom Deborah Zupancic
Chief Deputy Deputy Ordinance Violation Clerk