Amending Ch 21 of the SBMC Article 3 by adding Group Residence to Special Exception uses in CBD; and Section 11 by amending the definitions of dwelling unit, family and group residence

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ORDINANCE NO. 104 5 2 _ � to AN ORDINANCE INITIATED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICPAL CODE, ARTICLE 3 BY ADDING GROUP RESIDENCE TO SPECIAL EXCEPTION USES IN CBD CENTRAL BUSINESS DISTRICT; AND SECTION 11 BY AMENDING THE DEFINITIONS OF DWELLING UNIT, FAMILY AND GROUP RESIDENCE. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance that went into effect on May 7, 2004. Since the adoption of the ordinance, the housing market has continued to change and evolve. The proposed changes recognize the growing popularity of non - traditional housing arrangements. Providing an opportunity for Group Residence within the densely populated Central Business District will allow for the changing trend in housing to be accommodated where the services and infrastructure are already in place. 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 3 Commercial/Mixed Use Districts, Section 21 -03.06 CBD Central Business District, subsection (a) (2) Special Exception Uses, is hereby amended as follows: (H) Residential (in CBD Districts located west of the St. Joseph River): Multifamily Dwellings; Group Residence (1) Residential (in CBD Districts located east of the St. Joseph River): Group Residence (4) SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11 Definitions, Section 21 -11.02 Definitions, is hereby amended as follows: Dwelling Unit: A room or group of rooms designed and equipped exclusively for use as living quarters for only one (1) family , including provisions for sleeping, lawful cooking, and sanitary facilities. The term shall include mobile dwellings, modular dwellings and manufactured dwellings but shall not include recreational vehicles. Family: One (1) or more persons related by blood, legal adoption or marriage, living and cooking together as a single housekeeping unit, exel sive of household ser aftts; ; or, a number of persons, but not exceeding two (2) who are not related by blood, legal adoption or marriage, living and cooking together as a single housekeeping unit, shall be deemed to constitute a family. A person or persons residing with a family as hereinabove defined by reasons of placement by