10557-17 Amending Chapter 21 of the South Bend Municipal Code

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ORDINANCE NO. 06.51 17 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 2 RESIDENTIAL DISTRICTS TO AMEND AVERAGE FRONT SETBACK PROVISIONS; ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS TO REMOVE MAXIMUM AREA REQUIREMENTS FOR OUTDOOR SEATING FOR RESTAURANTS IN THE O OFFICE DISTRICT, LB LOCAL BUSINESS DISTRICT AND CB COMMUNITY BUSINESS DISTRICT, AND ADD PROVISION TO ALLOW OUTDOOR SEATING IN THE GB GENERAL BUSINESS DISTRICT;AND ARTICLE 7 GENERAL REGULATIONS TO ALLOW REQUIRED LANDSCAPING TO BE PLACED WITHIN RIGHT-OF-WAY AND EXEMPT THE MU MIXED USE DISTRICT FROM MINIMUM PARKING REQUIREMENTS. 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 provisions have resulted in numerous requests for variances from the development standards. This ordinance revision addresses items for which variances are frequently granted with little to no concern from staff agencies or the public. 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 2 Residential Districts, Section 21-02.11(f)(2)Additional Front Setback Provisions, subsection (B)ii, is hereby amended as follows: ii. The setback provisions of this Ordinance are subject to the following modification: In any block in any residential district contained in this Ordinance in which an existing front yard setback is established by existing, legally established neneenferming-buildings or structures e than ° *Vy~ nt(6014) „� the tetal number of lots within the same block face fronting on the same public street,the minimum front yard setback for any new building, structure or addition along such block face shall be the average of such established front yards, if such average dimension is less than the minimum front yard setback established by this Ordinance. SECTION II. Chapter 21,Zoning, of the South Bend Municipal Code, Article 3 Commercial/ Mixed Use District, Section 21-03.03 O Office District, subsection (b)(12)(A) Outdoor seating for restaurants is hereby amended as follows: