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Bill No. Ordinance No. -17 AN ORDINANCE INITIATED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 3, SECTION 21 -03 OF THE SOUTH BEND MUNICIPAL CODE BY ADDING A NEW SUB -PART 21- 03.06(b)(4)(C) TO INCREASE THE MAXIMUM BUILDING HEIGHT PERMITTED IN CBD DISTRICTS LOCATED BETWEEN THE ST. JOSEPH RIVER AND THE EAST RACE WATERWAY 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 that ordinance, the downtown area of the City of South Bend is experiencing a revitalization on a scale not seen in nearly four decades. The Common Council of the City of South Bend wishes to accommodate and encourage that growth in areas where infrastructure is already in place and able to support shovel -ready development. The Common Council finds that, due to its character and proximity, the "island" of land situated within the corporate boundaries of the City and bounded by the St. Joseph River and the East Race Waterway is a logical extension of downtown South Bend. This area's natural amenities make it an incredibly attractive place for investments in higher- density development and place - making. Accordingly, the Common Council finds that increased development opportunities in the "island" area will promote and enhance the general welfare of the City and has determined that it is appropriate and necessary to enable such development opportunities by increasing the maximum building height permitted in the "island" area. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. Chapter 21, Article 3, Section 21- 03.06(b) (4) (B) of the South Bend Municipal Code is amended to read as follows: (B) CBD Districts Located East of the East Race Waterway: i. Minimum Front Facade Height - in the elevation view from the street frontage, twenty -two (22) feet. ii. Maximum Building Height - the lesser of sixty (60) feet or five (5) stories. Section Il. Chapter 21, Article 3, Section 21- 03.06(b) (4) of the South Bend Municipal Code is amended by adding a new subsection (C) to read as follows: (C) CBD Districts located in the area bounded by the St. Joseph River and the East Race Waterway: i. Minimum Front Facade Height - in the elevation view from the street frontage, twenty -two (22) feet.