8548-94 Amending Chapter 21 Zoning Adding certain Wagering Facilities

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BILL NO. APC NO. ORDINANCE NO. &3qg_qq AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING CERTAIN WAGERING FACILITIES AS AN EXCEPTION IN THE "C" COMMERCIAL AND "D" LIGHT INDUSTRIAL ZONING DISTRICTS, AND MAKING CERTAIN OTHER RELATED REVISIONS. WHEREAS, Indiana State law regulates pari - mutual wagering on horse racing in the State to ensure that such wagering will be conducted with the highest standards and the greatest level of integrity; WHEREAS, the City of South Bend, Indiana, believes that the zoning standards cognizant of the highest and best land usage and their effect on the surrounding neighborhoods are of paramount public importance; WHEREAS, the City of South Bend has endeavored to promote the health, safety and general welfare of the City through zoning regulations; and WHEREAS, the City is of the opinion that off -track pari - mutual wagering facilities are unique land use activities such that special development standards are required to lessen their impact. NOW THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: STATEMENT OF PURPOSE AND INTENT The purpose and intent of this ordinance is to the allow off -track pari - mutual wagering facilities in "C" Commercial, and "D" Light Industrial zoning districts as an "Exception" subject to the approval of the Board of Zoning Appeals and the Common Council. Due to the unique characteristics of wagering establishments, their regional markets, hours of operation, and the amount and type of vehicle traffic generated, additional development and locational standards over and above those of other commercial uses are required and established. Section 1: Section 21 -1 (a) (112) is hereby amended to read: (a) (112) Reserved Wagering, off -track pari- mutual facility means a location, other than a racetrack, authorized by the Indiana Horse Racing Commission at which pari- mutual wagering is conducted. Section 21 -1 (a) (31) is hereby amended to read: (a) (31) Controlled use means those uses of property which are recognized as having serious objectionable characteristics, particularly when several of them are concentrated, thereby having a deleterious effect upon the adjacent areas; and shall include the following: a. Adult business;