73-17 Text Amendments- Engineering Standards

Home Browse Search

ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1 BASIC PROVISIONS TO REVISE CLEAR SIGHT AREA REQUIREMENTS AND PRIVATE STREET WIDTHS, ARTICLE 2 RESIDENTIAL DISTRICTS TO REVISE GRADE LEVEL IMPROVEMENT STANDARDS, AND ARTICLE 3 COMMERCIAL/ MIXED USE DISTRICTS TO REVISE DRIVE-THROUGH FACILITY STANDARDS 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. Experience in using the ordinance has shown that several of its engineering-related standards have led to the overbuilding of paved surfaces, poor urban design outcomes, and frequent variance requests. This ordinance would revise Clear Sight Area Requirements, reduce minimum pavement width requirements for private streets and alleys,permit driveways in a rear yard, and amend drive-through stacking requirements. 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 1 Basic Provisions, Section 21-01.01 (t) Clear Sight Area Requirements, is hereby deleted and replaced with a new Section 21-01.01 (t) as follows: (t) Clear Sight Area Requirements (1) Except in the CBD Central Business District, no building,structure or improvement, including landscaping, shall be erected,placed,planted or maintained so as to interfere with a Clear Sight Area located between the heights of three (3) feet and ten (10) feet above the crown of a street, driveway or alley. A Clear Sight Area shall be established for all streets, whether public or private. (2) The Clear Sight Area is the triangular area formed by the street right-of-way line; another street right-of-way line, alley right-of-way line, or driveway surface edge; and a line connecting points ten(10) feet from the intersection of said lines (See Figure 21-01.01 A). In the case of a round or corner-cut right-of-way, the measurement shall be taken from the intersection of the right-of-way lines extended.