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Home My WebLink About9917-09 Amending Chapter 21, Article 11 - Definitions to define the BZA as the Area Board of Zoning AppealsORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana April 27, 20 09 Attest: Attest: Presented by me to the Mayor of the Ciry of South Bend, Indiana April 28, Z009 City Clerk President of Common Council City Clerk Approved and signed by me April 2 8 'E 2009 ^"~" C~~u-~' ~-~'- -- Mayer Ordinance No. ~, ~ ~ 1 ~~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE: AMENDING ARTICLE 11-DEFINITIONS TO DEFINE THE BOARD OF ZONING APPEALS AS THE AREA BOARD OF ZONING APPEALS AND THERE BY ESTABLISHING THE AREA BOARD OF ZONING APPEALS AS THE BOARD OF ZONING APPEALS FOR THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on May 7, 2004. The ordinance allowed for the continued existence of the City Board of Zoning Appeals. Now, in an effort to reduce duplicate services and still provide the needed services to City residents, the City, already a member of the Area Plan Commission, desires to join the Area Board of Zoning Appeals. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I, Chapter 21, zoning, of the South Bend Municipal Code, Article 11 Definitions, Section 21-11.02 Definitions, is hereby amended as follows: Board of Zoning Appeals: .The Area Board of Zoning Appeals of St. Joseph County, Indiana. Section II. This Ordinance shall be in full force and effect on May 22, 2009 and after its passage by the Common Council and approval by the Mayor. ember of the Common Council A City Jerk Presented by me to the Mayor of the City of South Bend, Indiana on the ~'~-1~• day of r,` , 2009, at 1~-`~S o'clock ~ ._m. City Clerk, ~9.e.Pa~ _~ Approved and signed by me on the ~ ~ day of ;,~w~Q , 2009, at :~ ` ~ f~ o'clock ~. m. Mayor of the C' of South Bend, Indiana tst READING Z-L3-v`~ PUBLIC HEARING Z,~--~~ 3 rd READING ~_ L~ _O~ NOT APPROV ~t z3to5 REFERRED A PASSED ~-(-Z~ -~~ Filed In Cieriz'e ~Iflce FEg 1 8 2009 JOHN VOORDE C1TY CLSAK, SO.3END, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 15-09 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE: AMENDING ARTICLE 11 -DEFINITIONS TO DEFINE THE BOARD OF ZONING APPEALS AS THE AREA BOARD OF ZONING APPEALS AND THEREBY ESTABLISHING THE AREA BOARD OF ZONING APPEALS AS THE BOARD OF ZONING APPEALS FOR THE CITY OF SOUTH BEND, INDIANA 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. Ann Puzzello Chairperson, Committee of the Whole Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 February 18, 2009 Derek Dieter, President South Bend Common Council Fourth Floor, County-City Building 227 W. Jefferson Boulevard South Bend, IN 46601 RE: Area Plan Commission Initiated Petition to Amend Chapter 21, City of South Bend Zoning Ordinance. Dear Mr. Dieter: Attached is a proposed ordinance being initiated by the Area Plan Commission. The purpose is to perform a text changes in the zoning ordinance to define the Board of Zoning Appeals as the Area Board of Zoning Appeals. Please place this item on the February 23, 2009 Council agenda for First Reading. The Area Plan Commission will schedule this ordinance for public hearing on March 17, 2009. If you have any questions, please feel free to contact me. Sincerely, lv. ~/-~dd'lu~W. B o i Y File l;~ C1w~ ~'~ ~$fi~e FEB 1 8 20C9 JC aF14':~;~gCE CITY CL:;,K, S~. C~~, li`J. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 March 18, 2009 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 ItE: A proposed ordinance initiated by the Area Plan Commission to amend the zoning ordinance of the City of South Bend, to define the Board of Zoning Appeals as the Area Board of Zoning Appeals. - APC# 2504-09 Dear Council Members: I hereby Certify that the above referenced ordinance of was legally advertised on and that the Area Plan Commission at its public hearing on Tuesday, March 17, 2009 took the following action: Upon a motion by John McNamara, being seconded by Dan Brewer and unanimously carried, the proposed ordinance initiated by the Area Plan Commission to amend the zoning ordinance of the City of South Bend, to define the Board of Zoning Appeals as the Area Board of Zoning Appeals is sent to the Common Council with a favorable recommendation. By having one Boazd of Zoning Appeals, it will reduce duplication of filing dates, meeting dates, etc. The effective date of May 22, 2009 will allow time for the City to transition to the Area Boazd of Zoning Appeals with minimal inconvenience to the public. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. 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. Sincerely, LU ~~~~`` ohn W. Byorni JWBar Attachment Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2504-09 Owner: APC Initiated Location: Text Jurisdiction: City of South Bend Requested Action: A proposed ordinance initiated by the Area Plan Commission to amend the zoning ordinance of the City of South Bend, to define the Board of Zoning Appeals as -the Area Board of Zoning Appeals. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: By having one Board of Zoning Appeals, it will reduce the number of filing dates, meeting dates, etc. The effective date of May 22, 2009 will allow time for the City to transition to the Area Board of Zoning Appeals with minimal inconvenience to the public. #2504-09 Page 1 of 1