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1 • , ' 1 <br /> BILL NO. 26-95 �i <br /> ORDINANCE NO. $6oD -`7 n, <br /> S <br /> AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, <br /> ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, <br /> INDIANA, AS AMENDED, BY ADDING ZONING REGULATIONS <br /> ADDRESSING GAMBLING GAMES AND RELATED ACTIVITIES. <br /> STATEMENT OF PURPOSE AND INTENT <br /> On November 14, 1994 the South Bend Common Council passed Ordinance No. 8548-94 which <br /> added zoning regulations dealing with wagering, off-track pari-mutuel facilities, race tracks and <br /> other activities authorized by the Indiana Horse Racing Commission. <br /> That Ordinance set forth regulations for such activities in"C" Commercial and"D"Light <br /> Industrial Zoning Districts. Due to the regional markets, the hours of operation, and the amount <br /> and type of vehicular traffic which would be generated, it was determined that additional <br /> development and locational standards over and above those of other commercial uses and industrial <br /> uses would be required and established. <br /> The Common Council,in cooperation with the Area Plan Commission, believes that similar <br /> concerns are raised with regard to casinos and establishments which have gambling games and <br /> their related activates.Accordingly,it is believed that zoning standards cognizant of the highest and <br /> best land usage and their effect on the surrounding neighborhoods are again of paramount public <br /> importance. The City believes that it should promote the public health, safety , and general welfare <br /> of the City through zoning regulations. It is believed that the following zoning regulations meet <br /> those objectives. <br /> 1Ploly, tbtrtfort, bt it ortraitttb by tfpz Common (outtuiU of tilt City of ioutll <br /> WO, Sttbiatta, as follows: <br /> Section I. <br /> Chapter 21,Article 1 Section 21-1 of the Municipal Code of the City of South Bend,Indiana, <br /> is amended by adding the following definition in alphabetical order to that section: <br /> Sec. 21-1. Definitions. <br /> Approved Hotel shall mean a hotel that contains at least two hundred fifty (250)hotel rooms, <br /> or a lesser number established by the Indiana Gaming Commission; indoor public space used for <br /> exhibit space; meeting rooms; banquet rooms:restaurants: lobbies: lounges or bars: show theaters; <br /> parking areas; and shops where gambling games may be conducted. Said definition shall also <br /> include the definition of approved hotel as defined in Indiana Code & 4-33-2-3, as it may be <br /> amended from time to time. <br /> Bingo shall have the definition set forth in Indiana Code & 4-32-6-3, and it and all other <br /> games of chance regulated by Indiana Code & 4-32-1 are not considered gambling games <br /> addressed by this ordinance. <br /> Casino shall mean a building, facility or room where any gambling games as defined herein <br /> are conducted. <br /> Gambling Game shall mean and include any of the activities governed by the Indiana Gaming <br /> Commission as a wagering device set forth in Indiana Code Section 4-33-2-9, as it may be <br /> amended from time to time. <br /> Section II. <br /> Chapter 21,Article 1, Section 21-1 (a) (31)of the Municipal Code of the City of South Bend, <br /> Indiana,is amended to read as follows: <br /> (a) (31) C controlled use means those usages of property which are recognized as having <br /> serious objectionable characteristics,particularly when several of them are concentrated, thereby <br /> having a rdeleterinnc fart nnnn ardiarent areac° and chall in/Am-1p tha fn11nmina• <br />