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i <br /> ORDINANCE NO. <br /> AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br /> INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, <br /> ARTICLE 2 RESIDENTIAL DISTRICTS TO AMEND AVERAGE FRONT SETBACK <br /> PROVISIONS; ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS TO REMOVE <br /> MAXIMUM AREA REQUIREMENTS FOR OUTDOOR SEATING FOR RESTAURANTS <br /> IN THE O OFFICE DISTRICT, LB LOCAL BUSINESS DISTRICT AND CB <br /> COMMUNITY BUSINESS DISTRICT, AND ADD PROVISION TO ALLOW OUTDOOR <br /> SEATING IN THE GB GENERAL BUSINESS DISTRICT; AND ARTICLE 7 GENERAL <br /> REGULATIONS TO ALLOW REQUIRED LANDSCAPING TO BE PLACED WITHIN <br /> RIGHT-OF-WAY AND EXEMPT THE MU MIXED USE DISTRICT FROM MINIMUM <br /> PARKING REQUIREMENTS. <br /> STATEMENT OF PURPOSE AND INTENT <br /> The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance <br /> that went into effect on May 7, 2004. Since the adoption of the Ordinance, several provisions <br /> have resulted in numerous requests for variances from the development standards. This <br /> ordinance revision addresses items for which variances are frequently granted with little to no <br /> concern from staff agencies or the public. <br /> NOW THEREFORE BE IT ORDAINED by the Common Council of the City of <br /> South Bend, Indiana as follows: <br /> SECTION 1. Chapter 21,Zoning, of the South Bend Municipal Code,Article 2 Residential <br /> Districts, Section 21-02.11(f)(2)Additional Front Setback Provisions, subsection (B)ii, is <br /> hereby amended as follows: <br /> ii. The setback provisions of this Ordinance are subject to the following <br /> modification: <br /> In any block in any residential district contained in this Ordinance in which <br /> an existing front yard setback is established by existing, legally established <br /> meneemArming-buildings or structures en mefe than ^ -Ety pefeent 6004 � <br /> the total number-of le within the same blockface fronting on the same <br /> public street, the minimum front yard setback for any new building, <br /> structure or addition along such block face shall be the average of such <br /> established front yards, if such average dimension is less than the <br /> minimum front yard setback established by this Ordinance. <br /> SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code,Article 3 Commercial/ <br /> Mixed Use District, Section 21-03.03 O Office District, subsection (b)(12)(A) Outdoor <br /> seating for restaurants is hereby amended as follows: <br />