74-17 Text Amendments- Pyramiding Uses

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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 BY ALLOWING USES PERMITTED IN A LESS INTENSE DISTRICT TO BE PERMITTED IN A MORE INTENSE DISTRICT 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, several properties have had to seek rezoning to a less intense zoning district to permit certain uses, even though those uses are less intense than and are compatible with the uses found in their existing zoning district. This ordinance would add a provision to permit non-residential uses allowed in a less intense zoning district to be permitted in a more intense zoning district under certain circumstances without having to seek a rezoning. 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 21-01.02 Zoning Districts and Zone Maps, is hereby amended as follows: (c) Use Permitted in More Intense Districts Other than residential uses, any use permitted as a primary use in a"less intense" district shall also be interpreted to be a primary use permitted in a"more intense" district. Any use that is only permitted as a special exception use in any "less intense" district shall be interpreted to be a special exception use in a"more intense"district unless it is permitted as a primary use in the"more intense" district. Because of the unique characteristics of the CBD Central Business District,this provision shall not be used to p.famid permitted uses into or out of that district. (e)to (d) ()tom (e)toM (4)to(g) (0 toLhh) ( to 01 { tom