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HomeMy WebLinkAbout9495-04 Repealing and Replacing Chapter 21, Article 1 though 11 - The City of South Bend Zoning OrdinanaceORDINANCE No. sass-~a Passed by the Common Council of the City of Soutlt Bend, Indiana April 12, Attest: Attest: ~~~ 20 04 Ciry Clerk Vice President of Common Council Presented by me to the Mayor of the Ciry of Soutlt Bend, India~ia April 20, 04 20 City Clerk Approved and signed by me April 21, 20 04 ~' vi~~~t~-~ ~'~-4-e ~- Mayes ORDINANCE NO. l ~ ~ s ~"~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING AND REPLACING THE FOLLOWING PROVISIONS OF THE SOUTH BEND MUNICIPAL CODE, NAMELY CHAPTER 21, ARTICLES 1 THROUGH 11, EXCLUDING ARTICLES 6.5 AND 8, WITH THOSE ARTICLES NOT REPEALED BEING RENUMBERED, AND THE INCLUSION OF NEW ZONING MAPS, ALL OF WHICH SHALL BE ENTITLED "THE CITY OF SOUTH BEND ZONING ORDINANCE" STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend recognizes its duty to maintain a zoning ordinance which: reflects current trends in development; encourages orderly development for the benefit of the city; provides for a better quality of development; and, promotes the general health, welfare and safety of residents and businesses of the City of South Bend. To that end, the Common Council has given reasonable consideration to, among other things: the comprehensive plan; current conditions and the character of current structures and uses in each district; the most desirable use for which the land in each district is adapted; the conservation of property values throughout the City of South Bend; and, responsible development and growth of the City of South Bend. The Common Council of the City of South Bend, Indiana, further recognizes that since July 2002 a Steering Committee made up of representatives of the Area Plan Commission staff, the South Bend Common Council, the Department of Community and Economic Development, the Public Works Department, and the Building Department has been meeting to work on updating the South Bend Zoning Ordinance. Now, therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I: Chapter 21, Article 6.5 entitled "Historic Preservation Commission" of the South Bend Municipal Code is hereby re-numbered as Article 13 and shall be entitled "Historic Preservation Commission". Section II: Chapter 21, Article 8 entitled "Subdivisions" of the South Bend Municipal Code is hereby re-numbered as Article 14 and shall be entitled "Subdivisions". Section III: Chapter 21, Article 12 entitled "Floodplain Regulations" of the South Be~ul Municipal Code is not repealed and remains numbered as Article 12 and shall remain entitled "Floodplain Regulations". Section IV: The remaining portions of Chapter 21, Articles 1 through 11, except for Article 6.5 and Article 8 which shall re-numbered as set forth in Sections I and II respectively, of the South Bend Municipal Code, are hereby repealed and replaced in their entirety as follows: Table of Contents City of South Bend Zoning Ordinance TABLE OF CONTENTS Chapter 21 Article 1 Basic Provisions 21-01.01 Provisions of Common Applicability 21-01.02 Zoning Districts and Zone Maps 21-01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs Article 2 Residential Districts 21-02.01 SF1-Single Family and Two Family District 21-02.02 SF2 -Single Family and Two Family District 21-02.03 MF1-Urban Corridor Multifamily District 21-02.04 MF2 -High Density Multifamily District 21-02.05 through 21-02.10 Reserved 21-02.11 General Regulations for Residential Districts 21-02.12 Development Incentives for the SF1 District Article 3 Commercial /Mixed Use Districts 21-03.01 OB -Office Buffer District 21-03.02 MU -Mixed Use District 21-03.03 O -Office District 21-03.04 LB -Local Business District 21-03.05 CB -Community Business District 21-03.06 CBD -Central Business District 21-03.07 GB -General Business District 1 Ord. No.: 9495-04 Table of Contents 21-03.08 through 21-03.10 Reserved 21-03.11 General Regulations for Commercial /Mixed Use Districts Article 4 Industrial Districts 21-04.01 Light Industrial 21-04.02 General Industrial 21-04.03 through 21-04.09 Reserved 21-04.11 General Regulations for Industrial Districts Article 5 Planned Unit Development District Article 6 Ove rlay and Special Use Districts 21-06.01 HP -Historic Preservation Overlay District (Reserved) 21-06.02 U -University District Article 7 Gen eral Regulations 21-07.01 Landscape Regulations 21-07.02 Lighting Regulations 21-07.03 Sign Regulations 21-07.04 Parking Regulations 21-07.05 Loading Regulations Article 8 Special Regulations 21-08.01 Special Regulations for Wireless Telecommunications Facilities 21-08.02 Special Regulations for Controlled Uses 21-08.03 Special Regulations for Residential Facilities for the Mentally Ill 2 Ord. No.: 9495-04 Table of Contents Article 9 Administration 21-09.01 Common Council 21-09.02 Area Plan Commission (a) Establishment (b) Membership, Qualifications and Terms (c) Duties and Powers (d) Commitments 21-09.03 Board of Zoning Appeals (a) Establishment and Jurisdiction (b) Membership, Qualifications and Terms (c) Duties and Powers (d) Conditions (e) Amendments (f) Commitments (g) Rules (h) Variance of Development Standards (i) Special Exceptions (j) Other Powers 21-09.04 Staff Agencies (a) Establishment (b) Administration of Planning and Zoning Authority (c) Duties and Powers of the Executive Director and Zoning Administrator (d) Staff 3 Ord. No.: 9495-04 Table of Contents 21-09.05 Development Review Procedures (a) Improvement Location Permits (b) Compliance With Other Laws, Ordinances, Rules or Regulations. (c) Application Form and Plan Requirements. (d) Development Plan Application Process and Requirements (e) Zoning Ordinance Amendment Procedures (f) Variance and Special Exception Procedures (g) Modification or Termination of Commitments Article 10 Enforcement Article 11 Definitions Article 12 Floodplain Regulations Article 13 Historic Preservation Commission Article 14 Subdivisions Exhibit "A" APC Commitments Exhibit "B" APC Commitments Modification Exhibit "C" BZA Commitments Exhibit "D" BZA Commitments Modification Exhibit "E" Limited Power of Attorney 4 Ord. No.: 9495-04 Section 21-01.01 Provisions of Common Applicability ARTICLE 1 BASIC PROVISIONS SECTION 21-01 BASIC PROVISIONS REGULATIONS Section 21-01.01 Provisions of Common Applicability. Note: This Chapter of the South Bend Municipal Code contains various word(s) and/or phrase(s) which appeaz in italics. Such type style indicates that such word(s) and/or phrase(s) aze defined in Section 21-11 of this chapter. (a) Title This Ordinance shall hereinafter be known and cited as "City of South Bend Zoning Ordinance", and hereinafter referred to as the "Ordinance". (b) Statutory Authority (1) This Ordinance is adopted pursuant to the authority contained in Indiana Code 36-7-4 et seg. (2) Whenever any provision of this Ordinance refers to or cites a section of the Indiana Code and that section is later amended or superseded, this Ordinance shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section. (c) Purpose of this Ordinance In adopting this Ordinance, the Common Council of the City of South Bend has given reasonable consideration to, among other things: the comprehensive plan; current conditions and the character of current structures and uses in each district; the most desirable use for which the land in each district is adapted; the conservation of property values throughout the City of South Bend; and, responsible development and growth of the City of South Bend, and hereby adopts this Ordinance for the purpose of: (1) securing adequate light, air, convenience of access, and safety from fire, flood, and other danger; (2) lessening or avoiding congestion in public ways; (3) promoting the public health, safety, comfort, morals, convenience, and general welfaze; (4) guiding the future development of the City of South Bend; Ord. No: 9495-04 Section 21-01.01 Provisions of Common Applicability (5) ensuring that residential areas provide healthful surroundings for family life; (6) ensuring that the needs of business and industry be recognized in future growth; (7) ensuring that growth be commensurate with and promotive of the efficient and economical use of public funds; and (8) otherwise accomplishing the purposes of Indiana Code 36-7-4 et seg. (d) Findings for Adoption of this Ordinance The Common Council of the City of South Bend, in adopting this Ordinance, finds that the Ordinance has paid reasonable regard to: (1) the general policies and patterns of development set out in the Comprehensive Plan for the City of South Bend, Indiana; (2) current conditions and the character of current structures and uses in each district; (3) the most desirable use for which the land in each district is adapted; (4) the conservation of property values throughout the City of South Bend; and, (5) the responsible development and growth of the City of South Bend. (e) Effective Date of Ordinance This Ordinance shall be effective at 12:01 a.m., on the 1st day of , 200_. (f) Repealer of Prior or Conflicting Ordinances The following sections of the Municipal Code of the City of South Bend St. Joseph County, Indiana (commonly referred to as the South Bend Zoning Ordinance), as adopted by the City of South Bend Common Council on the 12th day of March, 1968, and all amendments thereto, are repealed as of the effective date of this Ordinance: Chapter 21, Article 1-General Provisions; Chapter 21, Article 2 -Use District Regulations; Chapter 21, Article 3 -Nonconforming Uses; Chapter 21, Article 4 -Height and Area Districts Regulations; Chapter 21, Article 5 -Off-Street Parking and Loading Facilities; Chapter 21, Article 6 -Board of Zoning Appeals; Chapter 21, Article 7 -Rezoning Procedures; Chapter 21, Article 9 -Penalties; Chapter 21, Article 10 -Sign Regulations; and, Chapter 21, Article 11 -Installation, Siding and Roofing Standards for Manufactured Homes, Type A. Ord. No: 9495-04 Section 21-01.01 Provisions of Common Applicability Chapter 21, Article 6.5 entitled "Historic Preservation Commission" of the South Bend Municipal Code ishereby re-numbered as Article 13 and shall be entitled "Historic Preservation Commission. Chapter 21, Article 8 entitled "Subdivisions" of the South Bend Municipal Code is hereby re-numbered as Article 14 and shall be entitled "Subdivisions". Chapter 21, Article 12 entitled "Floodplain Regulations" of the South Bend Municipal Code is not repealed and remains numbered as Article 12 and shall remain entitled "Floodplain Regulations". (g) Separability It is hereby declared to be the intention of the Common Council of the City of South Bend, Indiana, that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any such section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance because the same would have been enacted without the incorporation into this Ordinance of such unconstitutional or invalid section, paragraph, sentence, clause, or phrase. (h) Eminent Domain -United States of America or State of Indiana Owned Property Nothing in this Ordinance or in any rules, regulations, or orders issued pursuant to this Ordinance shall be deemed to restrict or regulate or to authorize any unit of government, legislative body, plan commission, or board of zoning appeals now or hereafter established, to restrict or regulate: (1) United States of America -the exercise of the power of eminent domain by the United States of America or by any department or agency of the United States of America, or the use of property owned or occupied by the United States of America or any department or agency of the United States of America; or, (2) State ofIndiana -the exercise of the power of eminent domain by the State of Indiana or by any agency of the State of Indiana, or the use of property owned or occupied by the State of Indiana or any agency of the State of Indiana. (For reference see Indiana Code 36-7-4-1104). Ord. No: 9495-04 Section 21-01.01 Provisions of Common Applicability (i) Interpretation of this Ordinance !Conflict with other Ordinances In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the health, safety, comfort, morals, convenience, and the general welfare of the public. In the case of any conflict or inconsistency between two or more provisions of this Ordinance (e.g., the restrictions set forth in an overlay district versus the restrictions set forth in a primary district) or any other ordinance of the City of South Bend, the provision which imposes the greater or higher or more restrictive standard of performance shall control. (j) Jurisdiction of this Ordinance Upon: (i) adoption of this Ordinance by the Common Council of the City of South Bend; and, (ii) the effective date of this Ordinance, the Area Plan Commission of St. Joseph County, Indiana shall be the duly authorized plan commission for the incorporated areas of the City of South Bend pursuant to the Area Planning Law of the Indiana Code, and the Ordinance shall apply to all real property located within the corporate boundaries of the City of South Bend. (k) Subdivision of Land The subdivision of land may occur in any and all districts established by this Ordinance. Whenever a subdivision occurs, the rules, regulations and procedures of the City of South Bend Subdivision Regulations (Chapter 21, Article 8 entitled "Subdivisions" of the South Bend Municipal Code renumbered by this Ordinance to Article 14 and entitled "Subdivisions"), or any subsequently adopted replacement Subdivision Control Ordinance for the City of South Bend or St. Joseph County, Indiana, shall apply. (1) Scope and Application of this Ordinance Except as expressly provided otherwise in this Ordinance: (1) No person may use or occupy any land, building, structure or improvement or authorize or permit the use or occupancy of any land, building, structure or improvement under their control except in accordance with the applicable provisions of this Ordinance. (2) No land, building, structure or improvement shall be used and no building, structure or improvement shall be erected, reconstructed or structurally altered, which is arranged, intended or designed to be used for any purpose other than a use which is permitted in the district in which such land, building, structure or improvement is located. 4 Ord. No: 9495-04 Section 21-01.01 Provisions of Common Applicability (3) No building, structure or improvement shall be placed, erected, moved or structurally altered with respect to height, area, bulk, or setback except in compliance with the regulations of this Ordinance (m) Private Provisions The provisions of this Ordinance are not intended to nullify, abolish or repeal any easement, covenant or other private agreement or restriction. (n) Determination of Land Uses Not Listed in this Ordinance It is recognized that this Ordinance may require interpretation to assign all possible uses to individual districts. Therefore, any use which is not specifically set forth in this Ordinance shall be reviewed by the Zoning Administrator for consistency with the intent set forth in each district and for compatibility with use characteristics typical of uses permitted within those districts. Based upon this review, the Zoning Administrator shall determine the appropriate district for any use which is not specifically set forth herein. In case of disagreement with the determination of the Zoning Administrator in assigning a use to an appropriate district, any aggrieved party may file an appeal with the Board of Zoning Appeals pursuant to the provisions of Section 21-09.03 -Board of Zonin A eals of this Ordinance. If it is: (i) determined by the Zoning Administrator that a particular use is not permitted in any residential, commercial /mixed use, industrial or other district provided for in this Ordinance and no appeal of the Zoning Administrator's decision is filed with the Board of Zoning Appeals pursuant to the provisions of Section 21-09.03 -Board of Zoning. Appeals of this Ordinance; or, (ii) determined upon appeal that a particular use is not permitted in any residential, commercial /mixed use, industrial or other district provided for in this Ordinance, then such use shall be deemed to require the PUD District and shall be considered to be a permitted use only in a PUD District in which such use is specifically included and described in the PUD District Ordinance. (o) Saving Provision for Pending Enforcement Actions Except as shall be expressly provided for in this Ordinance, the adoption of this Ordinance shall not: (i) nullify or make void any action pending under, or by virtue of, any prior zoning ordinance or subdivision control ordinance; (ii) discontinue, nullify, void, abate, modify or alter any penalty accruing or about to accrue under, or by virtue of, any prior zoning ordinance or subdivision control ordinance; (iii) affect the liability of any person, firm, or corporation under, or by virtue of, any prior zoning ordinance or subdivision control ordinance; (iv) waive any right of the City of South Bend under any section or provision of any prior zoning ordinance or subdivision control ordinance; or, (v) vacate or annul any rights obtained by any person, firm, or corporation by lawful action of the City of South Bend under, or by virtue of, any prior zoning ordinance or subdivision control ordinance. 5 Ord. No: 9495-04 Section 21-01.01 Provisions of Common Applicability (p) Transition Rules (1) Final Site Development Plan /Building Permits Any application for a Final Site Development Plan approval by the Area Plan Commission or application for a building permit which has been filed with the Zoning Administrator and which application is full and complete under the provisions of the South Bend Zoning Ordinance (Chapter 21 of the South Bend Municipal Code, as amended) prior to the effective date of this Ordinance shall continue to be processed to completion pursuant to the terms and conditions of the South Bend Zoning Ordinance (Chapter 21 of the South Bend Municipal Code, as amended). In the case of a Final Site Development Plan, an application for a building permit shall be filed with the Zoning Administratortyithin one (1) year after Final Site Development Plan Approval by the Area Plan Commission or such Final Site Development Plan Approval shall be deemed null and void, provided, however, a one time extension of up to one (1) year maybe granted by the Zoning Administrator for good cause shown. Such application for an improvement location permit shall be full and complete under the provisions of the South Bend Zoning Ordinance (Chapter 21 of the South Bend Municipal Code, as amended). (2) Zone Map Amendments Any application for zone map amendment which has been filed with the Common Council and which application is full and complete under the provisions of the South Bend Zoning Ordinance (Chapter 21 of the South Bend Municipal Code, as amended) prior to the effective date of this Ordinance shall be allowed to continue to be processed to completion pursuant to the terms and conditions of the South Bend Zoning Ordinance (Chapter 21 of the South Bend Municipal Code, as amended), provided, however: (A) if the proposed use would no longer be permitted in the proposed district as a result of changes to that district resulting from the adoption of this Ordinance, such application shall be deemed amended to request the district of this Ordinance in which the proposed use is first permitted; or, (B) if the proposed district would no longer be in existence as a result of the adoption of this Ordinance, such application shall be deemed to be amended to request the district of this Ordinance which is most comparable to zoning classification requested in such application for zone map amendment. Ord. No: 9495-04 Section 21-01.01 Provisions of Common Applicability (3) Special Exception Use, Variance of Development Standazds Any application before the Board of Zoning Appeals (i.e., special exception use or variance of development standards) which has been filed with Board of Zoning Appeals of the City of South Bend and which application is full and complete under the provisions of the South Bend Zoning Ordinance (Chapter 21 of the South Bend Municipal Code, as amended) prior to the effective date of this Ordinance shall be allowed to continue to be processed to completion pursuant to the terms and conditions of the South Bend Zoning Ordinance (Chapter 21 of the South Bend Municipal Code, as amended), provided, however: (A) if such application is no longer required by the terms of this Ordinance, such application shall be considered dismissed for lack of jurisdiction; or, (B) if the proposed use or development requires additional approvals from the Board of Zoning Appeals pursuant to the terms and conditions of this Ordinance (and which additional approvals from the Board of Zoning Appeals were not required by the terms and conditions of the South Bend Zoning Ordinance (Chapter 21 of the South Bend Municipal Code, as amended), such application shall be deemed amended to include only those additional approvals which aze minimally required and within the jurisdiction of the Board of Zoning Appeals to approve for the proposed use or site plan for the development. (q) Amendments to this Ordinance In its continuing administration of the purposes set forth in Section 21-01.01 (c) above, the Common Council of the City of South Bend may find it reasonable and necessary to propose and adopt amendments to the text of this Ordinance or determine changes to the Zone Maps incorporated into this Ordinance. All such amendments shall be considered and adopted in compliance with Indiana Code 36-7-4-600 et sec ., the provisions of this Ordinance, and any applicable Rules of Procedure subsequently adopted by the Area Plan Commission or the Common Council of the City of South Bend governing such procedures. (r) Compliance Required for Use and Development of Real Property Compliance with the terms and provision of this Ordinance shall be a prerequisite for the use and development of real property within the City of South Bend. Failure to comply with the terms and provisions of this Ordinance shall be deemed to be a civil zoning violation enforceable by the Zoning Administrator, as provided for in Indiana Code 36-7-4 et sec ., and Section 21-10 -Enforcement of this Ordinance. Ord. No: 9495-04 Section 21-01.01 Provisions of Common Applicability (s) Exemptions for Transportation, Communication, and Utility Lines Service easements, including but not limited to those providing for: roadways; raikoad lines; pipelines; electric power lines, conduits or systems; telephone lines, conduits or systems; cable television lines, conduits or systems; water mains, lines valves or fire hydrants; sanitary sewer mains, lines, laterals, manhole structures or lift stations; drainage or storm sewer inlets, pipes or roof drains; and, similar and comparable utility services and facilities, shall be exempt from the provisions of this Ordinance. Bus stations, park and ride facilities, railway terminals, gas storage tanks, power stations, utility substations, water treatment plants, pumping stations, water towers, sewage treatment plants and other facilities which generate, create or process such transportation, communication, or utility services, shall be subject to all use and development standards regulations of this Ordinance. (t) Clear Sight Area Requirements 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, in one of the following manners: (1) At the intersection of streets, Clear Sight Area are formed at each corner by the street right-of--way lines and a line connecting points on the right-of--way lines located twenty-five (25) feet away from the intersection of such street right-of--way lines. 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; or, CLEAR I SIGHT AREA CLEAR w ~ SIGHT ~ AREA ~RNV i-CURB STREET Ord. No: 9495-04 Section 21-01.01 Provisions of Common Applicability (2) At the intersection of a street with a driveway or alley, Clear Sight Area shall be formed by the intersection of the street right-of--way line and the driveway surface edge or the right-of--way of the alley and a line connecting points ten (10) feet from the intersection of such street right-of--way line and the driveway surface edge or alley right-of--way. ~ I m CLEAR a CLEAR SIGHT ~ 1 ~ SIGHT AREA 3 AREA o ~ o - _ _ ~ ~ ~ ~ R/V1l 10' H10' ~-CURB STREET (u) Requirements for All Private Streets and Private Alleys. All private streets and private alleys, when specifically authorized for use by the City of South Bend through grant of a variance, development incentive, plat or subdivision waiver, shall be developed to the following standards: (1) Pavement Width for Private Streets -Minimum pavement width for that portion of a private street available for through traffic (i.e., exclusive of parking spaces): (A) Residential Districts: i. 1 way traffic - 12' ii. 2 way traffic - 24' (B) Commercial /Mixed Use Districts or Industrial Districts: i. 1 way traffic -18' ii. 2 way traffic - 36' (2) Pavement Width for Private Alleys -Minimum pavement width for that portion of a private alley available for through traffic (i.e., exclusive of parking spaces): (A) Residential Districts -12' (B) Commercial /Mixed Use Districts or Industrial Districts -16' 9 Ord. No: 9495-04 Section Z1-01.01 Provisions of Common Applicability (3) Depth and Materials -Minimum pavement depth and materials for that portion of a private street or private alley available for through traffic as noted above, shall be as required by the City of South Bend for public streets or public alleys. Cwb sections shall be as required by the City of South Bend for public streets or public alleys. (4) Emergency Vehicles -The geometric design of private streets or private alleys shall provide for the through movement or turn-around of emergency vehicles. Turn-around design may include cul-de-sac, hammerhead or other design approved by the Board of Public Works. (5) Maintenance /Services - Prior to the issuance of an improvement location permit or obtaining secondary plat approval, the developer or subdivider shall file documentary assurances with the Board of Public Works that all lots served by the private streets or private alleys shall be provided with the following services: regular trash pick-up; leaf pick-up; snow removal; daily mail delivery service; roadway maintenance and repair, including, but not limited to, driving surface, roadway subgrade, subsurface drainage, roadside drainage, cwbs, sidewalks, street lights, street name signs, traffic control signs, and traffic control signals; and, powers to enforce speed control and pazking regulations. Such services shall be provided in accordance with the specifications approved by the Board of Public Works, which shall include the establishment of a maintenance fund or escrow account by the developer or subdivider, which maybe supplemented by regulaz or special assessments against each lot owner provided such assessments are at reasonable and non-discriminatory rate of chazge. Such documentary assurances shall be incorporated into the applicable final plat that is recorded in the Office of the Recorder of St. Joseph County, Indiana, or otherwise provided for through legally binding perpetual agreements as approved by the Board of Public Works. (v) Exemption for Anti-Terrorism Devices and Portable Towers Sensors and special devices specifically designed to monitor air quality and to alert governmental authorities of biological, chemical or nuclear attack(s) shall be allowed on any building or structure, including telecommunications towers, subject to the final review of the Zoning Administrator. Integrated portable tower systems, which aze specifically designed to monitor air quality and which may alert governmental authorities of biological, chemical or nuclear attack(s) may be permitted on an emergency basis, subject to the final review of the Zoning Administrator with regazd to location(s) and duration. 10 Ord. No: 9495-04 Section 21-01.02 Zoning Districts and Zone Map Section 21-01.02 Zoning Districts and Zone Maps. (a) Establishment of Districts (1) Districts -The following districts are hereby established for the corporate limits of the City of South Bend, and land within said areas shall be designated on the Official Zone Map by the following symbols: GENERAL USE DISTRICTS SYMBOL Residential Districts Single Family and Two Family SF1 Single Family and Two Famil SF2 Multifamil -Urban Corridor MF1 Multifamil - Hi Densi MF2 Commercial /Mixed Use Districts Office Buffer OB Mixed Use MU Office O Local Business LB Communi Business CB Central Business District CBD General Business GB Industrial Districts Light Industrial LI General Industrial GI Planned Unit Developments Overla and S ecial Use Districts PUD ~~ U (2) Overlay Districts -Overlay Districts are hereby established for the City of South Bend as set forth in Section 21-06 -Additional Special Use Districts & Overlay Districts of this Ordinance. (b) Order of Districts. The districts listed in Section 21-01.02, (a) - Establishment of Districts, above, are ranked in the order from the "least intense" district on the top, through each successively "more intense" district as the list progresses to the bottom, except for the Planned Unit Development district and the Overlay and Special Use Districts which shall not be considered part of such progression. PUD's shall be ranked individually based upon the permitted uses authorized in each PUD and the district in which such permitted uses would otherwise be allowed as a matter of right. Ord. No.: 9495-04 Section 21-01.02 Zoning Districts and Zone Map (c) Official Zone Map In order to carry out the purpose of this Ordinance and to allow a variety of uses in different districts which are appropriate in location, arrangement, and density to the character of the individual districts and the establishment of a well considered pattern of development for the City of South Bend, all real property located within the corporate boundaries of the City of South Bend are hereby divided into districts as shown on the Official Zone Map which, together with all explanatory matter, is incorporated by reference and declared to be a part of this Ordinance. (d) Identification of the Official Zone Map An Official Zone Map for the City of South Bend shall be maintained by the Executive Director. The Official Zone Map shall be maintained by the Executive Director as a paper hard copy or in electronic format. If the Official Zone Map is maintained as a paper hard copy, the Official Zone Map may be identified by the signature of the President of the Common Council and the signature of the Executive Director under the following words: "This is to certify that this is the Official Zone Map of the City of South Bend, Indiana", together with the date of adoption of this Ordinance. If the Official Zone Map is maintained in electronic format, the Executive Director shall be the custodian of the electronic format Official Zoning Map. The Executive Director may depict the Official Zone Map, in total or in part, in various formats and scales as appropriate to the need. (e) Official Zone Map Changes If, after adoption of the Official Zone Map, the Common Council, in accordance with the provisions of this Ordinance and the Indiana Code 36-7-4-600 et se4., changes any of the district boundaries or other matter portrayed on the Official Zone Map, such changes shall be entered by staff'as follows: if hard copy, changes shall be depicted on a Working Copy of the Official Zone Map; or, if electronic format, changes shall be entered to the electronic format Official Zone Map, which is maintained in the office of the Area Plan Commission. If the Official Zone Map is a hard copy, the Working Copy of the Official Zone Map shall be maintained as an interim representation of the actual zoning changes approved by the Common Council since the most recent adoption of an Official Zone Map. The Working Copy of the Official Zone Map, or, if maintained in electronic format, a hard copy depiction of the Official Zone Map, shall be available for public inspection and reference during all normal business hours. In case of discrepancy between changes noted on the Working Copy of the Official Zone Map and the official printed record of the Common Council, the official printed record of the Common Council shall control. Ord. No.: 9495-04 Section 21-01.02 Zoning Districts and Zone Map In the event that the Official Zone Map becomes worn, damaged, destroyed, lost, or difficult to interpret, staff shall, on an as needed basis, prepare a revised Official Zone Map for review and recommendation by the Area Plan Commission to the Common Council at a Public Hearing for which proper notice has been provided. A revised Official Zone Map shall incorporate all official actions of the Common Council related to matters depicted on the Official Zone Map since the adoption of the prior Official Zone Map. A revised Official Zone Map may also include revisions to correct drafting errors and changes in the base information related to subdivision plats or streets. The Area Plan Commission shall certify its recommendation of such revised Official Zone Map to the Common Council for official adoption by the Common Council. Any such revised Official Zone Map shall be identified as described above with the addition of the phrase "As amended to and including the Common Council agenda of No change of any nature shall be made in the Official Zone Map, or matter shown thereon, except in conformity with the amendment procedures set forth in this Ordinance. (f) Retention and Preservation of Record Unless the prior Official Zone Map has been lost or completely destroyed, the prior Official Zone Map, along with all available records pertaining to its adoption or amendment, shall be retained and preserved in the office of the Area Plan Commission. (g) Interpretation of the Official Zone Map Where uncertainty exists with respect to the boundaries of districts shown on the Official Zone Map, the following rules shall apply to the interpretation of those boundaries: (1) Boundaries indicated as approximately following the center lines of thoroughfares, highways, streets or alleys shall be construed to follow the center lines. (2) Boundaries indicated as approximately following platted lot lines shall be construed to follow the platted lot lines. (3) Boundaries indicated as approximately following the corporate boundary of the City of South Bend shall be construed as following such corporate boundary of the City of South Bend. (4) Boundaries indicated as approximately following railroad lines shall be construed to be midway between the main tracks. Ord. No.: 9495-04 Section 21-01.02 Zoning Districts and Zone Map (5) Boundaries indicated as approximately following the along a public right-of--way which is subsequently vacated shall be construed to follow the center line of the vacated public right-of--way. (6) Boundaries indicated as approximately following the center lines of streams, rivers, lakes or other bodies of water shall be construed as following the center lines of such bodies of water. (7) Boundaries indicated as approximately following floodplain lines shall be construed to follow the floodplain lines. If the floodplain lines are changed, either naturally or as permitted bylaw, and such floodplain line changes are documented and concurred with by the City Engineer, such boundary shall be construed as moving with such change. (8) Boundaries indicated as following the contours of certain elevations or soils of a particular type shall be construed as following the actual height or soil contour as determined by accepted surveying practices. (9) Boundaries indicated as parallel to or extensions of features indicated in the subsections above shall be so controlled. (10) Distances not specifically indicated on the Official Zone Map shall be determined by the scale of the map. (11) Where a discrepancy exists between the depictions on the Official Zone Map and the text of a legal description accompanying an ordinance for zone map change duly adopted by the Common Council, the text of the legal description shall control. (12) Where physical or cultural features existing on the ground do not agree with those shown on the Official Zone Map, or in other circumstances not covered above, the Executive Director shall interpret the boundaries. Any party dissatisfied with the interpretation of the Executive Director may appeal such interpretation to the Board of Zoning Appeals. 4 Ord. No.: 9495-04 Section 21-01.02 Zoning Districts and Zone Map (h) Zoning of Newly Annexed Land to the City of South Bend All real property annexed into the City of South Bend after the effective date of this Ordinance shall be considered zoned to the SF1 District of this Ordinance. In those instances in which the Owner of real property proposed for annexation into the City of South Bend desires annexation only if the zoning of the real property is zoned to a district other than SF1, such Owner may file a petition for zone map change which shall identify the real property and the requested district. Said petition shall be filed in compliance with the provisions of this Ordinance and any applicable procedures adopted by the Area Plan Commission. The Area Plan Commission shall consider the petition for zone map change and certify the petition for zone map change to the Common Council with a favorable recommendation, anunfavorable recommendation or no recommendation. The Common Council shall consider the request for annexation and zone map change at a combined hearing and shall determine the annexation question and zone map change under a single combined vote. The Area Plan Commission and Common Council shall have all powers delegated to them by Indiana Code 36-7-4-600 et seg., and this Ordinance in determining the zone map change. The Area Plan Commission shall not be obligated to recommend approval, nor shall the Common Council be obligated to approve a request for zone map change which, in the sole discretion of the Area Plan Commission or Common Council, is not consistent with the Comprehensive Plan, the purpose and intent of this Ordinance, or the requirements for the approval of a zone map change contained in this Ordinance and the Indiana Code. Ord. No.: 9495-04 Section 21-01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs Section 21-01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs. (a) Intent Within the districts established by this Ordinance, there exist: (1) nonconforming lots of record; (2) nonconforming buildings or structures; (3) nonconforming uses of land; (4) nonconforming uses within nonconforming buildings or structures; and, (5) nonconforming signs which were legally established prior to the effective date of this Ordinance, but which would be prohibited, regulated or restricted under the provisions of this Ordinance. It is the intent of this Ordinance to permit these legally established nonconforming lots of record, buildings, structures, uses and signs to continue until they are removed, but not to encourage their survival. It is further the intent of this Ordinance that legally established nonconforming buildings, structures, uses and signs shall not: (a) be enlarged upon, expanded or extended; or, (b) be used as grounds for adding other buildings, structures, uses or signs which are prohibited elsewhere in the same district. Nonconforming lots of record, nonconforming buildings or structures, nonconforming uses of land, nonconforming uses within nonconforming buildings or structures, and nonconforming signs that are either illegal or not legally established on the effective date of this Ordinance shall not become legally established by virtue of the enactment of this Ordinance. Nonconforming lots of record, nonconforming buildings or structures, nonconforming uses of land, nonconforming uses within nonconforming buildings or structures, and nonconforming signs which are in full compliance with the regulations of this Ordinance pertaining to the permitted uses and development standards of the district to which the real estate is zoned shall, after the effective date of this Ordinance, be considered validated as conforming lots of record, buildings, structures, uses and signs for the purposes of interpreting and applying this Ordinance. Ord. No.: 9495-04 Section 21-01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs (b) Incompatibility of Legally Established Nonconforming Uses Legally established nonconforming uses are declared by this Ordinance to be incompatible with permitted uses in the district in which such legally established nonconforming use is located. A legally established nonconforming use of a building or structure, or a legally established nonconforming use of land, shall not be extended, expanded or enlarged after the effective date of this Ordinance. (c) Avoidance of Undue Hardship To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans for or construction of any building, structure or sign, or the designation of use of any building or structure, for which an improvement location permit has been properly issued prior to the effective date of this Ordinance; provided that: (1) the construction of such building or structure (excluding signs) is commenced within six (6) months of such effective date, or the construction of any such sign is commenced within thirty (30) days of such effective date; (2) construction of such building, structure or sign is diligently prosecuted to completion; and, (3) construction of such building or structure (excluding signs) shall be completed within two (2) years of the issuance of said improvement location permit, or construction of such sign shall be completed within ninety (90) days of the issuance of said improvement location permit. (d) Legally Established Nonconforming Lots (1) Legally Established Nonconforming Lots of Record Any legally established lot recorded or any legally established platted lot recorded prior to the effective date of this Ordinance, having less than the required minimum lot area or minimum lot width required by the applicable district regulations of this Ordinance, shall be deemed a permitted exception to such minimum lot area or minimum lot width and may be used for any permitted use within the applicable district in which such lot is located provided that all other development standards are met. Ord. No.: 9495-04 Section 21-01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs (2) Legally Established Nonconforming Lot Frontage Any legally established lot in which the frontage of such lot has been reduced below that which is required by the applicable district regulations of this Ordinance by the acquisition ofright-of--way or access rights by a governmental entity, shall be deemed a permitted exception to such minimum frontage requirements and maybe used for any permitted use within the applicable district in which such lot is located provided that all other development standards are met. (3) Buildable Lots A nonconforming lot of record shall be deemed a legally established nonconforming lot of record maybe used as a buildable lot if such nonconforming lot of record complies with one (1) of the following: (A) Any lot, in its entirety, of a subdivision that was recorded in the Recorder's Office prior to the adoption of this Ordinance. (B) A parcel described by a metes and bounds description, or as lots or any combination of parts of lots of an unrecorded subdivision provided that all of the following provisions are complied with: i. Recorded evidence of ownership describing the parcel as a single and separate ownership was recorded in the Recorder's Office prior to June 13, 1949; ii. The current legal description describes the parcel as recorded in the Recorder's Office on or before June 13, 1949; and, iii. The parcel has frontage along an improved, dedicated, and accepted public street. (C) A parcel described by a metes and bounds description, or as lots or any combination of parts of lots of an unrecorded subdivision provided that all of the following provisions are complied with: i. Recorded evidence of ownership describing the parcel as a single and separate ownership was recorded in the Recorder's Office after June 13, 1949, but on or before December 11, 1961; ii. The current legal description describes the parcel as recorded in the Recorder's Office after June 13, 1949, but on or before December 11, 1961; Ord. No.: 9495-04 Section 21-01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs iii. The parcel consists of at least six thousand (6,000) square feet; and, iv. The parcel has frontage along an improved, dedicated, and accepted public street. (D) A parcel described by a metes and bounds description, or as lots or any combination of parts of lots of an unrecorded subdivision provided that all of the following provisions are complied with: i. Recorded evidence of ownership describing the parcel as a single and separate ownership was recorded in the Recorder's Office on or before July 27, 1966; ii. The current legal description describes the parcel as recorded in the Recorder's Office on or before July 27, 1966; iii. The parcel meets or exceeds the lot area and lot width requirements of the district in which the parcel is located; and, iv. The parcel has frontage as required by the zoning ordinance along an improved, dedicated, and accepted public street. (E) A parcel of land described by a metes and bounds description, or as a lot or lots or any combination of parts of lots of an unrecorded or recorded subdivision that does not comply with any of the above sub-sections of this Section 21-01.03 (d) (3) and provided that prior to the adoption of this Ordinance the following were met: i. Recorded evidence of ownership describing the property as a single and separate ownership was recorded in the Recorder's Office; and ii. A primary building existed on the property. (F) A lot of record as defined in sub-sections (A) through (E), above, which is reduced in lot area as a result of action by a governmental unit or entity. (e) Legally Established Nonconforming Buildings or Structures (Excluding Signs) Where a legally established nonconforming building or structure exists on the efJ'ective date of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on: gross floor area; lot coverage; building height limitations; front, side and rear setbacks and yards; location on the lot; bulk; or other provisions of this Ord. No.: 9495-04 Section 21-01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs Ordinance applicable to the building or structure, such building or structure may continue to exist so long as it remains otherwise lawful, subject to compliance with the following provisions: (1) such legally established nonconforming building or structure may not be enlarged, expanded or altered in a way which increases its nonconformity, provided such building or structure maybe altered so as to decrease the extent of nonconformity; (2) should such legally established nonconforming building or structure, or legally established nonconforming portion of a building or structure, be damaged or destroyed by any means to the extent that restoration will exceed fifty (50) percent of the cost of construction of the entire building or structure at the time the damage or destruction is reported, as determined pursuant to Section 21-01.03, ,(k) - Determination of Cost of Construction, below, said building or structure shall not be reconstructed except in conformity with the provisions of this Ordinance; and (3) should such legally established building or structure be moved for any reason for any distance whatsoever, such legally established building or structure shall thereafter conform to the provisions of this Ordinance. (f) Legally Established Nonconforming Uses of Land Where legally established nonconforming uses of land exist on the effective date of this Ordinance which would not be permitted by the provisions of this Ordinance, such uses maybe continued so long as they remain otherwise lawful provided that: (1) such legally established nonconforming uses shall not be enlarged, expanded, increased or extended to occupy a greater area of land than was occupied on the effective date of this Ordinance; (2) such legally established nonconforming uses shall not be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses on the effective date of this Ordinance; (3) no additional building or structure shall be erected in connection with such legally established nonconforming use of land; and, (4) a legally established nonconforming use may be changed to a less intense use permitted within the same district grouping pursuant to Section 21-01.02 (b,L Order of Districts (i.e., from one use permitted in the various districts of Section 21-03 Commercial /Mixed Use Districts to a less intense use listed within the various districts of Section 21-03 Commercial /Mixed Use Districts; Ord. No.: 9495-04 Section 21-01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs but not from a use listed in one of the various districts of Section 21-03 Commercial /Mixed Use Districts to a use listed in one of the various districts of Section 21-02 Residential Districts), provided all other regulations of this Section are complied with. (g) Discontinuation of Legally Established Nonconforming Uses of Land If any legally established nonconforming use of land is: (1) abandoned for any period of time; or, (2) discontinued for more than twelve (12) consecutive months (except when a probate related court order or government action impedes access to the premises), any subsequent use of such land shall conform to the provisions of this Ordinance. (h) Legally Established Nonconforming Uses Within Legally Established Nonconforming Buildings or Structures If any legally established nonconforming use is located within a legally established nonconforming building or structure and such legally established nonconforming building or structure becomes unsafe or unlawful by reason of physical condition and is razed, the legally established nonconforming use previously being conducted in such legally established nonconforming building or structure shall be extinguished and no longer permitted. If any legally established nonconforming use is located within a legally established nonconforming building or structure and such legally established nonconforming building or structure is damaged or destroyed by any means to the extent that restoration will exceed fifty (50) percent of the cost of construction of the entire building or structure at the time the damage or destruction is reported, as determined pursuant to Section 21- 01.03, (k) - Determination of Cost of Construction, below, the legally established nonconforming use previously being conducted in such legally established nonconforming building or structure shall be extinguished and no longer permitted. A legally established nonconforming use within a legally established nonconforming building or structure maybe changed to a less intense use pursuant to Section 21-01.02 (bl - Order of Districts (i.e., within Section 21-03 Commercial /Mixed Use Districts or within Section 21-04 Industrial Districts, but not from Section 21-03 Commercial / Mixed Use Districts to Section 21-02 Residential Districts), provided all other regulations of this Section are complied with. Ord. No.: 9495-04 Section 21-01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs (i) Repairs and Maintenance of Legally Established Nonconforming Buildings or Structures (Excluding Signs) (1) Ordinary Repairs - On any legally established nonconforming building or structure, or portion of a building or structure containing a legally established nonconforming use, work maybe done on ordinary repairs or on the repair or replacement ofnon-bearing walls, fixtures, wiring or plumbing, provided that the cubic feet content existing when the building or structure, or portion of a building or structure containing a legally established nonconforming use became nonconforming shall not be increased. Nothing herein shall be deemed to prevent the strengthening, repairing or restoring to safe condition of any building or structure, or part thereof, declared to be unsafe by any official charged with protecting the public safety, upon order of such official. (2) Reconstruction Prohibited - If a legally established nonconforming building or structure or portions of a building or structure containing a legally established nonconforming use becomes unsafe or unlawful by reason of physical condition and is razed, such building or structure shall not thereafter be rebuilt or used except in conformity with the provisions of this Ordinance. (3) Remodeling -The gross floor area and the maximum building height devoted to the legally established nonconforming use shall not be increased, except as such increase is required to comply with other applicable federal, state or local regulations (i.e., minor enlargements to accommodate ADA accessibility guidelines or current building codes); and, (4) Parking Area, Outside Storage Area Or Outside Operations Area - A legally established nonconforming parking area, outside storage area or outside operations area may be maintained, repaired or upgraded by hardsurfacing with asphalt or concrete provided that: (A) there is no increase in the total area occupied by the parking area, outside storage area or outside operations area; and, (B) if, in the discretion of the Zoning Administrator, the hardsurfacing would serve to reduce a potential negative impact of the existing parking area, outside storage area or outside operations area on surrounding properties (e.g., reduction in fugitive dust emissions, noise, erosion, etc.). In case of disagreement with the determination of the Zoning Administrator, any aggrieved party may file and appeal with the Board of Zoning Appeals pursuant to the provision of Section 21-09.03 -Board of Zoning Appeals of this Ordinance. Such hardsurfacing shall require an improvement location permit and shall also be Ord. No.: 9495-04 Section 21-01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs subject to full review under and compliance with the storm drainage requirements of the City of South Bend. (j) Legally Established Nonconforming Signs. (1) Any legally established nonconforming sign within the City of South Bend may continue to exist, including the performance of normal and routine maintenance, so long as such sign remains otherwise lawful. (2) Legally established nonconforming signs may receive normal and routine repair and maintenance subject to the following provisions: (A) a legally established nonconforming sign may not be enlazged, expanded or altered in a way which increases its nonconformity; (B) a legally established nonconforming sign erected pursuant to the grant of a variance of either a previously enacted zoning regulation or this Ordinance for number of signs, height of sign, setback of sign or sign surface area maybe altered so as to decrease the extent of nonconformity authorized by such grant of variance; (C) except as provided for in sub-Section (2) (b), above, the removal of a sign structure or a sign cabinet shall be deemed definitive evidence that such sign requires work beyond normal and routine repair and maintenance, and such sign shall not be repaired, maintained or reconstructed except in conformity with the provisions of this Ordinance; (D) if a legally established nonconforming sign is damaged or destroyed by any means to the extent that the repair or reconstruction of the sign exceeds fifty (50) percent of the cost of construction of the entire sign, determined pursuant to Section 21-01.03, (k) - Determination of Cost of Construction, below, said legally established nonconforming sign shall not be reconstructed except in conformity with the provisions of this Ordinance; (E) if the cost of normal and routine repair and maintenance of a legally established nonconforming sign exceeds fifty (50) percent of the cost of construction of the entire sign, determined pursuant to Section 21-01.03, (k) -Determination of Cost of Construction, below, said legally established nonconforming sign shall not be repaired, maintained or reconstructed except in conformity with the provisions of this Ordinance; and, Ord. No.: 9495-04 Section 21-01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs (F) should a legally established nonconforming sign be moved for any reason for any distance whatsoever, such legally established nonconforming sign shall thereafter conform to the provisions of this Ordinance. (3) Amortization ofOff-Premise Signs (i.e., Billboards). (A) Intent and Purpose Attractive and integrated urban design features tend to improve the image of the community, raise property values within the community, attract new business and residents to the community, and improve the overall quality of life of the community. Attention to urban design features, therefore, is determined by the Common Council of the City of South Bend to be in the best economic interest of the citizens and business owners of the City of South Bend. Signs, due to their inherent visibility and incursion upon the urban landscape, represent a prominent urban design feature. The regulations contained in Section 21-07.03 -Sign Regulations of this Ordinance were prepazed in recognition of the impact of signs as a prominent urban design feature. The intent the Sign Regulations of this Ordinance is, in part: to encourage the effective use of signs as a means of communication in the City of South Bend; to create a more attractive economic and business climate; to minimize the possible adverse effects of signs on neazby public and private property; to foster and improve the economic vitality of the community by enhancing and protecting the physical appearance of the community; and, to promote the public health, safety and general welfaze of the community. The purpose of the regulations contained in this Section 21-01.03 (j) (31- Amortization ofNonconforming Off Premise Signs aze intended to implement the intent set forth above. (B) Impact of Off-Premise Signs It is hereby declazed by the Common Council of the City of South Bend that off-premise signs have the greatest potential of all signs to have a significant negative impact on the urban design features of the City of South Bend and the public health, safety and general welfaze of the community due to: sign surface area in relation to lot area; sign surface area in relation to size of buildings; sign surface area in relation to the sign surface area permitted for on premise business signs; sign surface area in relation to the sign surface area of traffic control signs; inherent 9 Ord. No.: 9495-04 Section 21-01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs needs for high visibility; and, predominantly being located along highly traveled thoroughfares. (C) Declaration of Nonconforming Off-Premise Signs By operation of law, any off-premise sign which is in existence on the effective date of this Ordinance and which does not comply with the provisions of Section 21-07.03 - Si~egu_lations of this Ordinance are either nonconforming off-premise signs or legally established nonconforming off-premise signs. (D) Declaration of Legally Established Off-Premise Signs A nonconforming off-premise sign shall be deemed to be a legally established nonconforming o~premise sign relative to both use and development standards if the following conditions apply: a. the off-premise sign existed prior to January 1, 1992; b. the off-premise sign has continued to exist from January 1, 1992 to the present; c. the o, fJ~premise sign has not been abandoned; and, d. the sign surface of the off-premise sign has not been left blank for a period ofthree-hundred and sixty-five (365) consecutive days. ii. A nonconforming off-premise sign shall be deemed to be a legally established nonconforming off-premise sign relative to both use and development standards if the off-premise sign was erected between January 1, 1992 and December.31, 1992 in conformance with a permit which was issued prior to January 1, 1992 and which permit was still valid at the time of construction. iii. A legally established nonconforming off-premise sign shall either: a. comply with the conditions listed in Section 21-01.03, (e), (3), D., i., above; b. comply with the conditions listed in Section 21-01.03, (e), , (3), D., ii., above, or, 10 Ord. No.: 9495-04 Section 21-01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs have been issued a valid permit from the City of South Bend on or after January 1, 1992 for the construction and placement of said off-premise sign, which permit was issued in full compliance with all applicable regulations of the City of South Bend Zoning Ordinance in effect at the time of issuance of such permit, and the off-premise sign was constructed, completed and maintained in full compliance with all applicable regulations of the City of South Bend Zoning Ordinance in effect at the time of issuance of such permit. (E) Removal of Nonconforming Off-Premise Signs Any nonconforming off-premise sign (i.e., anoff-premise sign which was not in compliance with applicable sign regulations or grant of variance at the time of the construction, erection or placement of such sign) shall be subject to immediate enforcement pursuant to Section 21-10 - Enforcement of this Ordinance. (F) Registration of Legally Established Nonconforming Off-Premise Signs The owner of any lot which includes a legally established nonconforming off-premise sign, or the owner of the legally established nonconforming off-premise sign, shall register such legally established nonconforming off- premise sign with the City of South Bend within six (6) months of the effective date of this Ordinance. (G) Failure to Register A legally established nonconforming off-premise sign which is not registered with the City of South Bend within six (6) months of the effective date of this Ordinance shall be deemed to be a nonconforming off-premise sign and shall become subject to the provisions ofsub-Section (E), above, regarding removal. (H) Removal of Legally Established Nonconforming Off-Premise Signs Any legally established nonconforming ofj=premise sign which: (i) is not brought into compliance with the terms and conditions of Section 21- 07.03 - Simon Regulations of this Ordinance; or (ii) does not obtain the variance(s) necessary to establish such sign as a permitted sign under this Ordinance, shall be removed within five (5) years of the effective date of this Ordinance. 11 Ord. No.: 9495-04 Section 21-01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs Any off-premise sign which becomes a legally established nonconforming off-premise sign by virtue of: any future amendment of this Ordinance; any future zone map amendment; or, any annexation of lands into the corporate jurisdiction of the City of South Bend, which: (i) is not brought into compliance with the terms and conditions of Section 21-07.03 - Simon Regulations of this Ordinance (as such regulations maybe amended from time to time); or (ii) does not obtain the variance(s) necessary to establish such sign as a permitted sign under this Ordinance, shall be removed within five (5) years of the such amendment or annexation. Removal shall include the removal of the sign surface and any sign structure (including any sign cabinet, pole, base, foundation, support, tie rods, upright, bracing or framework) which supports or is capable of supporting such sign surface. (I) Maintenance of Legally Established Nonconforming Off-Premise Signs Legally established nonconforming off-premise signs shall be subject to the provisions of sub-Section 21-01.03 (j} (2) above, regarding maintenance. (k) Determination of Cost of Construction. In determining the reported cost of construction of a building or structure (excluding signs) or the cost of construction of a sign, the Zoning Administrators may consider the following items: (1) Building or structure -documentation prepared by and provided by the applicable insurance company responsible for adjusting the loss; (2) Sign -documentation prepared by and provided by an appraiser licensed by the State of Indiana to appraise the type of property involved; or, (3) Other documentary evidence relevant to reported cost of construction deemed appropriate by the Zoning Administrator. (1) Reconstruction, Remodeling or Enlargement of a Legally Established Nonconforming Single Family Dwelling or Two Family Dwelling. Notwithstanding any provision of this Section to the contrary, any legally established nonconforming singly family dwelling or two family dwelling maybe: (1) reconstructed if damaged or destroyed by fire, natural disaster or for any other reasons; or, 12 Ord. No.: 9495-04 Section 21-01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs (2) remodeled or enlarged, provided that such remodeling or additions comply with the development standards of the applicable SF1 or SF2 District related to maximum lot coverage, minimum yards and building setbacks, maximum building height, and off-street parking. (m) Reconstruction or Remodeling of a Legally Established Nonconforming Multifamily Dwelling. Notwithstanding any provision of this Section to the contrary, any legally established nonconforming multifamily dwelling which contains five (5) dwelling units or less may be: (1) reconstructed if damaged or destroyed by fire, natural disaster or for any other reasons; or, (2) remodeled, provided that such remodeling: (A) does not increase the height, area or bulk of the building; or, (B) does not increase the number of dwelling units in the building; (C) does not increase the number of bedrooms in any dwelling unit in the building. (n) Agricultural Nonconforming Use An agricultural nonconforming use maybe changed to another agricultural use without losing agricultural nonconforming use status, provided, however, such agricultural nonconforming use shall be: (1) maintained for at least any three (3) year period in a five (5) year period; (2) maintained and operated in compliance with all state environmental and state health laws and rules; and, (3) maintained and operated in compliance with all requirements of the St. Joseph County Zoning Ordinance applicable to conforming agricultural uses, as such ordinance maybe amended from time to time. 13 Ord. No.: 9495-04 Section 21-02,01 SFl Single Family and Two Family District ARTICLE 2 RESIDENTIAL DISTRICTS SECTION 21-02 RESIDENTIAL DISTRICTS REGULATIONS Section 21-02.01 SFl Single Family and Two Family District. Intent -The SFl District is established to protect, promote and maintain the development of single family dwellings and two family dwellings as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The availability of public facilities (e.g., public water, public sanitary sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for development within this district. (a) Permitted Uses. (1) Primary Uses. (A) One (1) Single Family Dwelling. (B) Residential Facility for the Developmentally Disabled. (C) Residential Facility for the Mentally Ill. (D) Child Care Home (that is used as the primary residence of the person who operates the child care home). (E) Religious Use. (F) Public or Private Park -Passive. (G) Schools, Public or Parochial. (H) Neighborhood Partnership Center. (2) Special Exception Uses. (A) Educational Use: Including but not limited to: Child Care Center; Child Care Ministry; College; Pre-school; Public Library; University. (B) Governmental Use: Including but not limited to: Fire Station or Police Station. (C) Miscellaneous: Including but not limited to: Bed & Breakfast. (D) Public Facilities: Including but not limited to: Cemetery -with or without Crematory, Funeral Home, Mausoleum or Mortuary; Community Center; Funeral Home; Mortuary; Parking Lot -Accessory; Public or Private Park -Active. (E) Recreation: Including but not limited to: Country Club; Fairgrounds; Golf Course; Golf Driving Range; Swimming Pool -private or public. Ord. No.: 9495-04 Section 21-02.01 SFl Single Family and Two Family District (F) Residential: Including but not limited to: Accessory Dwelling; Assisted Living; Group Home; Nursing Home; Two Family Dwelling. (G) Utilities: Including but not limited to: Public Utility Substation; Public Wells; Pumping Station; Sewage Treatment Plant; Telephone Exchange; Water Tower; Water Treatment Plant. (3) Accessory Uses -See Section 21-02.11 (a) -Accessory Uses, Buildings and Structures. (4) Temporary Uses -See Section 21-02.11 (b) -Temporary Uses, Buildings and Structures. (5) Home Occupations -See Section 21-02.11 (c) -Home Occupations. (b) Development Standards. (1) Minimum Lot Area: (A) Single Family Dwellings - 6,000 square feet. (B) Two Family Dwellings - 9,000 square feet. Connection to public water and sanitary sewer facilities shall be mandatory for development in this district. (2) Minimum Lot Width: (A) Single Family Dwellings - 60 feet. (B) Two Family Dwellings - 90 feet. (3) Minimum Lot Frontage - 25 feet on a public street. Access shall be from either said public street or an abutting alley; provided, however, if access is available from an alley which is open to traffic, there shall be no access from the public street. (4) Maximum Lot Coverage - 40 percent. (5) Minimum Yards and Building Setbacks (A) Front - a minimum front yard and building setback measured from the proposed right-of--way shall be provided as follows: Limited Access Highway: 50' All Other Streets: 25' 2 Ord. No.: 9495-04 Section 21-02.01 SF1 Single Family and Two Family District (B) Side: i. Residential Uses - a minimum side yard of five (5) feet or 10% of lot width, whichever is greater, shall be provided along all side lot lines; provided, however, such minimum side yard shall not be required to exceed ten (10) feet. ii. Non-Residential Uses - a minimum side yard of twenty (20) feet shall be provided along all side lot lines. (C) Rear - a minimum rear yard shall be provided along all rear lot lines as follows: Primary Building - 25' ii. Accessory Building - 5' (6) Maximum Building Height - (A) Primary Building- 35', but not to exceed two and one-half (2'/~) stories; provided, however, the maximum building height maybe increased to 40', but not to exceed three (3) stories, when a minimum side yard of not less than fifteen (15) feet is provided along all side lot lines. (B) Accessory Building -17' (7) Landscaping -See Section 21-07.01- Landscape Regulations. (8) Lighting -See Section 21-07.02 - Lighting Regulations. (9) Signs -See Section 21-07.03 -Sign Regulations. (10) Parking -See Section 21-07.04 -Off-Street Parking_Regulations. (11) Loading -See Section 21-07.05 -Off-Street Loadin~Regulations. (12) Greenway Connection Required - If a subdivision abuts any portion of a greenway, a direct linkage from the subdivision to such greenway shall be provided. (c) Development Incentives. Any proposed single family dwelling subdivision located in the SF1 District shall be eligible to utilize the development incentives set forth in Section 21-02.12 -Development Incentives for the SF1 District of this Ordinance. Ord. No.: 9495-04 Section 21-02.02 SF2 Single Family and Two Family District Section 21-02.02 SF2 Single Family and Two Family District. Intent -The SF2 District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The availability of public facilities (e.g., public water, public sanitary sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for development within this district. (a) .Permitted Uses. (1) Primary Uses. (A) One (1) Single Family Dwelling. (B) Residential Facility for the Developmentally Disabled. (C) Residential Facility for the Mentally Ill. (D) Child Care Home (that is used as the primary residence of the person who operates the child care home). (E) Religious Use. (F) Public or Private Park -Passive. (G) Schools, Public or Parochial. (H) Neighborhood Partnership Center. (2) Special Exception Uses. (A) Educational Use: Including but not limited to: Child Care Center; Child Care Ministry; College; Pre-school; Public Library; University. (B) Governmental Use: Including but not limited to: Fire Station or Police Station. (C) Miscellaneous: Including but not limited to: Bed & Breakfast. (D) Public Facilities: Including but not limited to: Cemetery -with or without Crematory, Funeral Home, Mausoleum or Mortuary; Community Center; Funeral Home; Mortuary; Parking Lot -Accessory; Public or Private Park -Active. (E) Recreation: Including but not limited to: Swimming Pool -private or public. (F) Residential: Including but not limited to: Accessory Dwelling; Assisted Living; Group Home; Nursing Home; Two Family Dwelling. Ord. No.: 9495-04 Section 21-02.02 SF2 Single Family and Two Family District (G) Utilities: Including but not limited to: Public Utility Substation; Public Wells; Pumping Station; Sewage Treatment Plant; Telephone Exchange; Water Tower; Water Treatment Plant. (3) Accessory Uses -See Section 21-02.11 (a) -Accessory Uses, Buildings and Structures. (4) Temporary Uses -See Section 21-02.11 (b) -Temporary Uses, Buildings and Structures. (5) Home Occupations -See Section 21-02.11 L) -Home Occupations. (b) Development Standards. (1) Minimum Lot Area: (A) Single Family Dwellings - 4,000 square feet. (B) Two Family Dwellings - 6,000 square feet. Connection to public water and sanitary sewer facilities shall be mandatory for development in this district. (2) Minimum Lot Width: (A) Single Family Dwellings - 40 feet. (B) Two Family Dwellings - 60 feet. (3) Minimum Lot Frontage - 25 feet on a public street. Access shall be from either said public street or an abutting alley; provided, however, if access is available from an alley which is open to traffic, there shall be no access from the public street. (4) Maximum Lot Coverage - 50 percent. (5) Minimum Yards and Building Setbacks (A) Front - a minimum front yard and building setback measured from the proposed right-of--way shall be provided as follows: Limited Access Highway: 50' All Other Streets: 25' Z Ord. No.: 9495-04 Section 21-02.02 SF2 Single Family and Two Family District (B) Side: Residential Uses - a minimum side yard of five (5) feet or 10% of lot width, whichever is greater, shall be provided along all side lot lines; provided, however, such minimum side yard shall not be required to exceed ten (10) feet. ii. Non-Residential Uses - a minimum side yard of twenty (20) feet shall be provided along all side lot lines. (C) Reaz - a minimum rear yard shall be provided along all rear lot lines as follows: i. Primary Building - 20' ii. Accessory Building - 5' (D) Corner lots; requirements - on a corner lot, the least width of any side yard along the side street lot line shall be twenty-five (25) percent of the width of the lot at the building line, but in no case shall this requirement reduce the least width to less than ten (10) feet nor require more than twenty-five (25) feet setback. The Building Commissioner shall determine which yard abutting a street shall be considered a front yard and which yard abutting a street shall be considered a side yard. (6) Maximum Building Height - (A) Primary Building - 35', but not to exceed two and one-half (2 %Z) stories; provided, however, the maximum building height may be increased to 40', but not to exceed three (3) stories, when a minimum side yard of not less than fifteen (15) feet is provided along all side lot lines. (B) Accessory Building -17' (7) Landscaping -See Section 21-07.01- Landscape Regulations. (8) Lighting -See Section 21-07.02 - Li ting Regulations. (9) Signs -See Section 21-07.03 -Sign Regulations. (10) Parking -See Section 21-07.04 -Off-Street Pazking Regulations. (11) Loading -See Section 21-07.05 -Off-Street Loading Regulations. (12) Greenway Connection Required - If a subdivision abuts any portion of a greenway, a direct linkage from the subdivision to such greenway shall be provided. Ord. No.: 9495-04 Section 21-02.03 MFl Urban Corridor Multifamily District Section 21-02.03 MFl Urban Corridor Multifamily District. Intent -The MF1 District is established to protect, promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of: multifamily dwelling projects (including apartment, townhouse or row house style developments); and, high density two family dwelling developments located along a block face, in developed areas of the community which are served by a full range of public amenities. (a) Permitted Uses. (1) Primary Uses (A) Multifamily Dwellings. (B) Two Family Dwellings (see Section 21-02.03 (b) (15) for applicable development standards). (C) Residential Facility for the Developmentally Disabled. (D) Residential Facility for the Mentally Ill. (E) Child Care Home (that is used as the primary residence of the person who operates the child care home). (F) Schools, Public or Parochial. (G) Religious Use. (H) Public Park -Passive. (2) Special Exception Uses. (A) Educational Use: Including but not limited to: Pre-School; Child Care Ministry; Public Library. (B) Governmental Use: Including but not limited to: Fire Station; Municipal / State Road Maintenance Facility; Police Station. (C) Miscellaneous: Including but not limited to: Bed & Breakfast; Boarding House. (D) Public Facilities: Including but not limited to: Cemetery -with or without Crematory, Funeral Home, Mausoleum or Mortuary; Community Center; Funeral Home; Mortuary; Parking Lot -Accessory; Public Park -Active. (E) Recreation: Including but not limited to: Country Club; Fairgrounds; Golf Course; Golf Driving Range; Swimming Pool -private or public. Ord. No.: 9495-04 Section 21-02.03 MFl Urban Corridor Multifamily District (F) Residential: Including but not limited to: Assisted Living Facility; Group Home; Group Residences; Nursing Home. (G) Utilities: Including but not limited to: Public Utility Substation; Public Wells; Pumping Station; Sewage Treatment Plant; Telephone Exchange; Water Tower; Water Treatment Plant. (3) Accessory Uses -See Section 21-02.11 La) - Accesso~ Uses, Buildings and Structures. (4) Temporary Uses -See Section 21-02.11 (b) -Temporary Uses, Buildings and Structures. (5) Home Occupations -See Section 21-02.11 (c) -Home Occupations. Ord. No.: 9495-04 Section 21-02.03 MFl Urban Corridor Multifamily District (b) Development Standards. All uses permitted in the MF1 District shall conform to the following development standards. (1) Utilities -Connection to public water and public sanitary sewer facilities shall be mandatory for development in this district. (2) Minimum Project Frontage - 50 feet on a public street and gain access from said public street or an abutting alley. (3) Minimum Setbacks and Perimeter Yard Requirements - a minimum setback and perimeter yard shall be provided along all property lines of the project as follows: (A) Front - a minimum front yard and minimum building setback measured from the greater of the proposed right-of--way or existing right-of--way shall be provided as follows: Minimum Maximum Limited Access Highway: 50' NA All other Streets: 5' 25' (B) Side - A minimum side yard shall be provided along all side lot lines as follows: i. Residential Uses - 6 feet. ii. Non-Residential Uses - 20 feet. iii. Residential Accessory Building - 6 feet. (C) Rear - A minimum rear yard shall be provided along all rear lot lines as follows: i. Primary Building - 25 feet. ii. Accessory Building - 5 feet. (4) Use of Minimum Yards. All minimum yards shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in Section 21-07.01- Landscape Regulations of this Ordinance and shall remain free from buildings or structures except where expressly permitted below or by Section 21-02.11 -General Regulations for Residential Districts: Ord. No.: 9495-04 Section 21-02.03 MFl Urban Corridor Multifamily District (A) Minimum Front Yards -may include: driveways; walkways with a maximum width of up to six (6) feet; front stairs, stoops, patios or open balconies which project no more than ten (10) feet from the building, but shall not encroach into any public right-of--way; or signs as regulated by Section 21-07.03 - Signn_Reaulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures. (B) Minimum Side Yards -shall be maintained as open space free from buildings or structures. (C) Minimum Rear Yards -may include: driveways; walkways; parking areas; interior access drives; and, interior access driveways, and shall otherwise be maintained open space free from buildings or structures. STREET ~ D! STEPS Q ~,. - - W Z ~ ~ C N c~ ~ ~~_ W t t a~~ a ~ W ~ ~ O I A GARAGE FRONT LOT LINE ~ FRONT YARD TYPICAL MULTIFAMILY BUILDING ! .. .. ~. J REAR YARD ALLEY ~ REAR LOT LINE (5) Minimum Interior Yards: In projects containing two or more buildings, interior yards between buildings shall be provided as follows: (A) Around buildings containing dwelling units -six (6) feet. (B) Around accessory buildings, structures or uses -five (5) feet. (C) Interior yards shall be measured perpendicular to the building or structure at all points. (D) The distance between buildings or structures shall be the sum of each applicable minimum interior yard. (E) Interior yards shall not overlap any lot line. 4 Ord. No.: 9495-04 Section 21-02.03 MFl Urban Corridor Multifamily District (6) Use of interior yards. (A) Around buildings containing dwelling units, required interior yards may be used for: open space; foundation landscaping; walkways with a maximum width of six (6) feet; interior access drives leading to parking areas located between the rear lot line and the rear building line; interior access drives leading to overhead garage doors; or, open balconies, uncovered porches and patios which do not project more than five (5) feet into the required interior yard. (B) Around accessory buildings or uses, required interior yards maybe used for: open space; foundation landscaping; walkways; or, interior access drives leading to parking spaces or overhead garage doors. Interior Yard ~~~ ~~ Interior Yard ALLEY Interior Yard (7) (g) (9) Maximum Building Height Access. Bldg. (A) Primary Building - 40 feet, but not to exceed three (3) stories containing a dwelling unit. (B) Accessory Buildings or Structures -the lesser oftwenty-five (25) feet or the height of the primary building Landscaping -See Section 21-07.01 -Landscape Regulations. Lighting -See Section 21-07.02 - Lighting Regulations. (10) Signs -See Section 21-07.03 -Sign Regulations. STREET ,r Interior Yard TYPICAL MULTIFAMILY BUILDING Ord. No.: 9495-04 Section 21-02.03 MFl Urban Corridor Multifamily District (11) Parking -See Section 21-07.04 -Off-Street Parking Regulations; provided, however, a project in the MF 1 District may include on-street parking located immediately adjacent to the project, if such adjacent on-street parking is approved by the Department of Public Works and the design of the on-street parking is approved by the Department of Public Works. If on-street parking is provided, the amount ofoff-street parking required by this Ordinance for the project shall be deemed to be reduced by the number of on-street parking spaces provided immediately adjacent to the project. (12) Loading -See Section 21-07.05 -Off-Street Loading Regulations. (13) Greenway Connection Required - If the lot abuts any portion of a greenway, a direct linkage from the project to such greenway shall be provided. (14) Requirements for all Private Streets, Interior Access Driveways, and Interior Access Drives for Multifamily Dwelling Projects. Individual buildings and dwelling units located within a multifamily dwelling project maybe served by private streets, interior access driveways, and interior access drives developed in compliance with the standards set forth in Section 21- 01.01 (u) -Requirements for Private Streets and Private Alleys of this Ordinance. (15) Development Standards for Two Family Dwellings on Individual Lots. Notwithstanding anything in this MF1 District to the contrary, a freestanding two family dwelling which is located on an individual lot and which is not part of a larger multifamily project shall be subject to the applicable development standards of the SF2 District, provided the Minimum Lot Area shall be 4,000 square feet and the Minimum Lot Width shall be 40 feet. Two family dwellings which are interspersed with and located as part of a larger multifamily project shall comply with all the development standards specified in this Section 21-02.03, Lb -Development Standards. Ord. No.: 9495-04 Section 21-02.04 MF2 High Density Multifamily District Section 21-02.04 MF2 High-Density Multifamily District Intent -The MF2 District is established to protect, promote and maintain the development of high density multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of multifamily dwelling projects with on-site amenities. (a) Permitted Uses. (1) Primary Uses (A) Multifamily Dwellings. (B) Two Family Dwellings (interspersed with and located as part of a larger multifamily project). (C) Residential Facility for the Developmentally Disabled. (D) Residential Facility for the Mentally Ill. (E) Child Care Home (that is used as the primary residence of the person who operates the child care home). (F) Religious Use. (G) Public Park -Passive. (2) Special Exception Uses (A) Educational Use: Including but not limited to: Pre-School; Child Care Ministry; Public Library. (B) Governmental Use: Including but not limited to: Fire Station; Municipal / State Road Maintenance Facility; Police Station. (C) Miscellaneous: Including but not limited to: Artificial Lake; Bed & Breakfast; Boarding House. (D) Public Facilities: Including but not limited to: Cemetery -with or without Crematory, Funeral Home, Mausoleum or Mortuary; Community Center; Funeral Home; Mortuary; Public Park-Active. (E) Recreation: Including but not limited to: Country Club; Fairgrounds; Golf Course; Golf Driving Range; Swimming Pool -private or public. (F) Residential: Including but not limited to: Assisted Living Facility; Group Home; Nursing Home; Two Family Dwellings (located on an individual Lot and not as part of a larger multifamily project -see Section 21-02.04, (b) (16) for applicable development standards). Ord. No.: 9495-04 Section 21-02.04 MF2 High Density Multifamily District (G) Utilities: Including but not limited to: Public Utility Substation; Public Wells; Pumping Station; Sewage Treatment Plant; Telephone Exchange; Water Tower; Water Treatment Plant. (3) Accessory Uses -See Section 21-02.11 (a) -Accessory Uses, Buildings and Structures. (4) Temporary Uses -See Section 21-02.11 (b) -Temporary Uses, Buildings and Structures. (5) Home Occupations -See Section 21-02.11 (c) -Home Occupations. Ord. No.: 9495-04 Section 21-02.04 MF2 High Density Multifamily District (b) Development Standards. All uses permitted in the MF2 District shall conform to the following development standards. (1) Utilities -Connection to public water and public sanitary sewer facilities shall be mandatory for development in this district. (2) Minimum Project Frontage -One-hundred and fifty (150) feet on a public street and gain access from said public street. (3) Minimum Setbacks and Perimeter Yard Requirements - a minimum setback and perimeter yard shall be provided along all property lines of the project as follows: (A) Front - a minimum front yard and minimum building setback measured from the greater of the proposed right-of--way or existing right-of--way shall be provided as follows: Limited Access Highway: 50' All Other Streets: 25' (B) Side Yards - 25 feet. (C) Rear Yards - 25 feet. (4) Use of Minimum Yards. All minimum yards shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in Section 21-07.01 -Landscape Regulations of this Ordinance and shall remain free from buildings or structures except where expressly permitted below or by Section 21-02.11 -General Regulations for Residential Districts: (A) Minimum Front Yards -may include: driveways; walkways with a maximum width of up to six (6) feet, or signs as regulated by Section 21- 07.03 -Sign Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures. (B) Minimum Side Yards -may include: driveways; interior access driveways; walkways with a maximum width of up to six (6) feet, and shall otherwise be maintained as open space free from buildings or structures. Ord. No.: 9495-04 Section 21-02.04 MF2 High Density Multifamily District (C) Minimum Rear Yards -may include: driveways; interior access driveways; walkways with a maximum width of up to six (6) feet, and shall otherwise be maintained as open space free from buildings or structures. (5) Minimum Interior Yards: In projects containing two or more buildings, interior yards shall be provided as follows: (A) Around buildings containing dwelling units, the greater of: i. Ten (10) feet; or, ii. Five (5) feet plus one (1) additional foot for each ten (10) feet of aggregate length of any wall of a building. (B) Around accessory buildings, structures or uses -five (5) feet. (C) Interior yards shall be measured perpendicular to the building or structure at all points. (D) The distance between buildings or structures shall be the sum of each applicable minimum interior yard. (E) Interior yards shall not overlap any required perimeter yards. ~E -Aggregate Length -- ~ -~---- ~ L--.-_ -7 I Interior Yard I I a, I ~ ~ 1 m~ I ~ ~ I ~' ~ I g Multifamily Building ~ I it ~ l ;, m I a~ I ~ ~ I I I I Interior Yard I ~- ----~ ('------1 r----~--- - I-----~ ~----~ INTERIOR YARDS AROUND BUILDINGS (6) Use of interior yards. (A) Around buildings containing dwelling units, required interior yards may be used for: 4 Ord. No.: 9495-04 Section 21-02.04 MF2 High Density Multifamily District i. individual interior access drives leading to attached garages serving individual dwelling units, provided, however, that a minimum four foot wide by eighteen foot deep (4' X 18') landscape strip shall be provided between such interior access drives; Interior Access Drives Required Minimum 4' X 18' - Landscape Strip Between Interior Access Drives Typical Typical Garage Dwelling Unit ii. open space; iii. foundation landscaping; iv. walkways; or, v. open balconies, uncovered porches and patios which do not project into the required interior yard by more than fifty percent (50%) of the depth of such required interior yard. (B) Around accessory buildings or uses, required interior yards maybe used for: open space; foundation landscaping; walkways; or, interior access drives leading to parking spaces or overhead garage doors. Ord. No.: 9495-04 Example of Landscape Strip between Interior Access Drives to Garages Section 21-02.04 MF2 Higfi Density Multifamily District (7) Maximum Building Height (A) Primary Building -Forty (40) feet, but not to exceed three (3) stories containing a dwelling unit. (B) Accessory Buildings or Structures -the lesser oftwenty-five (25) feet or the height of the primary building (8) Landscaping -See Section 21-07.01- Landscape Regulations. (9) Lighting -See Section 21-07.02 -Lighting Regulations. (10) Signs -See Section 21-07.03 -Sign Re lagu tions. (11) Parking -See Section 21-07.04 -Off-Street Parking Regulations. (12) Loading -See Section 21-07.05 -Off-Street Loading Regulations. (13) Greenway Connection Required - If the lot abuts any portion of a greenway, a direct linkage from the project to such greenway shall be provided. (14) Developed Recreational Open Space Requirements. All multifamily projects shall provide developed recreational open space amenities as set forth below: (A) Minimum Area -Developed recreational open space areas equal to, at a minimum, five (5) percent of the total lot area of the project shall be required. Developed recreational open space may include, but not be limited to, such facilities as: playgrounds; parks; tot lots; swimming pools; tennis, volleyball or basketball courts; and common recreational buildings. (B) Location and Minimum Dimension -Areas designated to comply with the developed recreational open space requirements: i. shall not overlap any required interior yards or perimeter yards; and, ii. shall maintain a minimum dimension of fifty (50) feet at all locations. 6 Ord. No.: 9495-04 Section 21-02.04 MF2 High Density Multifamily District (15) Requirements for all Private Streets, Interior Access Driveways, and Interior Access Drives for Multifamily Dwelling Projects. Individual buildings and dwelling units located within a multifamily dwelling project maybe served by private streets, interior access driveways, and interior access drives developed incompliance with the standards set forth in Section 21- 01.01 (u) -Requirements for Private Streets and Private Alley of this Ordinance. (16) Development Standards for Two Family Dwellings. Notwithstanding anything in this MF2 District to the contrary, a freestanding two family dwelling which is located on an individual lot and which is not part of a larger multifamily project shall be subject to the applicable development standards of the SF2 District, provided the minimum lot area shall be 4,000 square feet and the minimum lot width shall be 40 feet. Two family dwellings which are interspersed with and located as part of a larger multifamily project shall comply with all the development standards specified in this Section 21-02.04, (b) -Development Standards. Ord. No.: 9495-04 Section 21-02.11 General Regulations for Residential Districts Section 21-02.11 General Regulations for Residential Districts. (a) Accessory Uses, Buildings and Structures. (1) Permitted Accessory Uses, Buildings and Structures. Accessory uses, buildings or structures shall be permitted in all residential districts, provided, however, that the primary use which is supported by the accessory use, building or structure is a permitted use within the district to which a lot is zoned. Accessory uses, buildings or structures shall not be permitted on a lot prior to the erection of the primary building. By way of example only, some typical accessory uses, buildings and structures in Residential Districts are: garages; carports; porches; decks; awnings; canopies; mini-barns; storage sheds; patios; outdoor fireplaces; bathhouses; cabanas; children's playhouses; swings; game courts, including tennis or basketball courts; fences; parking areas; signs; swimming pools; hot tubs; radio sending and receiving antennas; satellite dish antennas; and, storage buildings. (2) Development Standards for Accessory Uses, Buildings or Structures in All Residential Districts. Accessory uses, buildings or structures shall comply with all development standards of the applicable district unless an exception is specifically provided for in this Section 21-02.11. Accessory uses, buildings or structures shall not encroach upon any platted or recorded easements unless specifically authorized by the terms of the easement or by written consent of the agency in whose favor the easement is granted. (3) Additional Development Standards for Accessory Uses, Buildings or Structures in any Residential District. Accessory uses, buildings or structures permitted in any Residential district shall also comply with the following additional development standards: (A) Accessory Buildings: i. Detached -The total square foot area of a detached accessory building shall be less than the main floor area of the primary building containing a dwelling unit; Ord. No.: 9495-04 Section 21-02.11 General Regulations for Residential Districts ii. Attached -The total floor area of accessory use portions of a primary building containing a dwelling unit shall be less than the main floor area of dwelling unit; iii. Maximum Size of Garage - No garage, whether attached or detached, shall exceed a capacity of four (4) cars. iv. Maximum Number of Accessory Buildings -The total number of detached accessory buildings on a lot shall not exceed one (1) accessory building, provided however, a storage shed with a total floor area ofone-hundred and twenty (120) square feet or less shall not count as an accessory building for the purposes of this paragraph; and, v. Location -Detached accessory buildings shall not be located between the established front building line and the front lot line, provided, however, in the case of a corner lot, one (1) front lot line as determined by the Zoning Administrator maybe treated as a side lot line for the purpose of this regulation. (B) Swimming Pools or Hot Tubs: i. A swimming pool or hot tub shall not be located between any front lot line and the established front building line, provided, however, in the case of a corner lot, one (1) front lot line as determined by the Zoning Administrator may be treated as a side lot line for the purpose of this regulation. ii. A swimming pool or hot tub shall not be located in any minimum side yard or minimum rear yard for an accessory building. iii. The swimming pool or hot tub, either above or below ground, shall comply with the applicable requirements of Chapter 14, Article 3 of the Municipal Code or the Indiana Swimming Pool Code (675 IAC 20) as adopted by Chapter 6 of the Municipal Code. Refer to Section 14-12 of the Municipal Code to determine applicable requirements. iv. No pool or hot tub shall be erected or constructed unless adequate distance from overhead electrical wires is provided in accordance with the National Safety Code and the National Electrical Code, current editions. 2 Ord. No.: 9495-04 Section 21-02.11 General Regulations for Residential Districts v. Abandoned or unused swimming pools or hot tubs, situated on a premises which are not occupied for periods of thirty (30) days or more, shall be drained or equipped with a cover adequate to prevent persons, children or animals from danger or harm. vi. All swimming pools or hot tubs, including associated decking and aprons over 30" above grade, shall be included in the calculation of maximum lot coverage. (C) Stoops, Patios, Porches, Gazebos and Decks. i. Stoops, patios, porches, gazebos and decks over 30" above grade or which include aroof orroof--like structure (e.g., trellis, arbor, etc.) shall comply with all minimum yards and building setback, and maximum building height regulations of the applicable district for accessory structures. ii. Not withstanding anything in this Ordinance to the contrary, stoops, patios, porches and decks less than 30" above grade and which do not include aroof orroof-like structure maybe located in a: a. b. (D) Fences (including but not limited to chain link, solid, shadow-box, stockade, J architectural screen, lattice-work or J masonry). i. Individual Lots -Front Yards: Fences located in a minimum front yard or in the buildable area of a lot located between the front line of the primary building and the minimum front yard shall not exceed: minimum front yard, provided however, such stoop, patio, porch or deck shall not encroach more than Rear Lot Line eight (8) feet into such Rear Yard - minimum front yard; Or, 6' / 8' Maximum Heght rn _ r ~ ~ =1 ~~ ~~I = a~i Primary }~ ~, ~ ~ Building ~ S'~ ~' Cp ~ Buildable Area - ~ ~ 36" / 48" Maximum Heig ht ~ .I _._._._._._._._ L minimum side yard or minimum rear yard. Front Yard - 36" / 48" Maximum Height Front Lot Line Fence Regulations on a Single Family Lot J J d v Ord. No.: 9495-04 Section 21-02.11 General Regulations for Residential Districts a. thirty-six (36) inches in height above grade, if the open space percentage of the fence is equal to or less than seventy (70) percent; or, b. forty-eight (48) inches in height above grade if the open space percentage of the fence is greater than seventy (70) percent. 11. Corner Lots -Front Yards: In the case of a corner lot, one (1) front yard, as determined by the Zoning Administrator, maybe treated as a side yard for the purpose of regulating fences in front yards on individual lots. iii. Subdivision Frontage: Fences shall not exceed six (6) feet in height above grade when located along a perimeter street of a recorded, platted residential subdivision where individual lots do not have direct access to said perimeter street. iv. All Other Fences: Fences located elsewhere on a lot shall not exceed: a. six (6) feet in height above grade, if the open space percentage of the fence is equal to or less than seventy (70) percent; or, b. eight (8) feet in height above grade if the open space percentage of the fence is greater than seventy (70) percent. v. All Fences: All fences shall comply with Section 21-01.01 (t) - Clear Sight Area Requirements of this Ordinance. (E) Satellite Dish Antennas in Residential Districts. i. The regulations of this Section shall apply to satellite dish antennas in all residential districts which are greater than one meter (39.37") in diameter. These regulations are intended to allow satellite dish antennas to be located in a manner that: (i) does not unreasonably delay or prevent the installation, maintenance or use of the antenna; (ii) does not unreasonably increase the cost of installation, maintenance or use of the antenna; or (iii) preclude reception of an acceptable quality signal. 4 Ord. No.: 9495-04 Section 21-02.11 General Regulations for Residential Districts ii. The regulations of this Section are intended to accomplish the following specific and clearly defined health, safety and aesthetic objectives: a. To promote the public health and safety by providing criteria for the placement of satellite dish antennas greater than one meter (39.37") in diameter which ensure that all such installations are performed in a manner which limits endangerment of life and property on the site and on surrounding properties if the antennas should collapse or are felled by ice or high winds; and, b. To ensure the aesthetic harmony of residential areas by providing for a harmonious streetscape, consistent with the Comprehensive Plan, uncluttered bynon-residential structures, including guy wires, poles, masts, cables or other appurtenances which can create a visual blight offensive to those who reside, work or travel in the City of South Bend. iii. The following regulations are intended to meet the above objectives without unnecessarily burdening the Federal interests in ensuring the availability of satellite services and in promoting fair and effective competition among competing communication service providers. In any residential district, satellite dish antennas greater than one meter (39.37") in diameter shall be permitted as either ground mounted or roof mounted, provided that: a. If ground mounted, satellite dish antennas shall: 1. not be located in any minimum front yard, minimum side yard, minimum rear yard, or between the established front building line and the front lot line, and, 2. not exceed the maximum building height allowed for an accessory structure. Ord. No.: 9495-04 Section 21-02.11 General Regulations for Residential Districts b. Ifroof-mounted, satellite dish antennas shall: 1. not exceed the lesser Horizontal Limits of Roof Area of five (5) feet above the peak of the roof or the maximum building height limit allowed for a primary building; ^ D ^ 2. not extend beyond the ^ ^ ~ horizontal limits of the roof area; and, 3. be installed in accordance with the Building Code of the City of South Bend. Furthermore, written documentation of such compliance, including load distribution within the building's support structure, may be required. (F) Grade Level Improvements. Grade level improvements which do not include a foundation shall be permitted as follows: i. In a minimum front yard -walkways and driveways. ii. In a minimum side yard or minimum rear yard - walkways, and interior access drives, provided, however that an interior access drive may only be located in one minimum side yard and shall not be less than eight (8) feet in width nor greater than sixteen (16) feet in width. (G) Game Courts. Game courts shall not be located in any minimum front yard, minimum side yard, minimum rear yard, or between the established front building line and the front lot line provided, however, a permanent or temporary basketball goal maybe located adjacent to a driveway or interior access drive in any minimum yard in any Residential District. Ord. No.: 9495-04 Section 21-02.11 General Regulations for Residential Districts (H) Trash Containers. Any trash container exceeding thirty-six (36) cubic feet in capacity shall: t. i. be screened on at least three sides by a building wall or a solid- walled enclosure, not less than six (6) feet in height nor more than ten (10) feet in height above grade, equipped with an opaque screen gate, and any solid-walled portion of the enclosure shall be provided with foundation landscaping; ii. not be located between the front facade of the primary building and the front lot line; and, iii. not be located in any minimum front yard, minimum side yard or minimum rear yard. Rear Lot Line a, c 0 m Primary Building Front Facade Area between front facade of the primary building and the front lot line m 0 J m .~ Front Lot Line 7 Ord. No.: 9495-04 Section 21-02.11 General Regulations for Residential Districts (b) Temporary Uses, Buildings and Structures (1) Permits Required. A temporary use, building or structure which is in compliance with the provisions of this Section, shall be allowed in any residential district. A temporary use, structure or building which will be converted into a permanent primary or accessory use after the cessation of the temporary use shall be required to obtain an improvement location permit prior the establishment of the use or the construction of any structure or building. A temporary use, structure or building which will be removed from the site upon cessation of the temporary use shall comply with the regulations contained in this Section, and shall obtain an improvement location permit. (2) Permitted Temporary Uses, Buildings and Structures. Temporary uses, buildings or structures shall be permitted in any Residential District as follows: (A) Permitted Temporary Uses: Including but not limited to: Construction trailers; Temporary Signs (See Section 21-07.03 for additional regulations); Garage Sales. (B) Special Exception Temporary Uses: Including but not limited to: Sales Office (either freestanding or in portions of model homes); Temporary Living Quarters. (3) Duration. Except as specifically provided otherwise in this Section 21-02.11, a temporary use, building or structure shall be permitted for a period not to exceed one (1) year. Except as specifically provided otherwise in this Section 21-02.11, the improvement location permit, if required, maybe renewed one (1) or more times by the Zoning Administrator, for good cause shown, for an additional period(s) not to exceed a total of three (3) years beyond the original expiration date. (4) Compliance with Development Standards. Any temporary use, building or structure shall comply with all applicable development standards and setback requirements in the district in which the temporary use, building or structure is located. Ord. No.: 9495-04 Section 21-02.11 General Regulations for Residential Districts (5) Additional Development Standards for Temporary Construction Trailers or Sales Offices. (A) under-skirting shall be installed around the entire perimeter of the building or structure; (B) in the case of a new subdivision, shall be located on an approved lot, as shown on the primary plat; (C) in the case of a single lot development, shall be located on the lot in compliance with all minimum yard and setback requirements; (D) in the case of a redevelopment project, shall be located on the lot, plot, tract or parcel of such redevelopment project in compliance with all minimum yard and setback requirements; and, (E) shall serve only lots or dwelling units within the primary plat, single lot development or redevelopment project. (6) Cessation of Use. All buildings, structures or debris associated with the temporary use shall be removed from the site immediately upon completion or cessation of the temporary use or expiration of the time period set forth above. (7) Regulations for Garage Sales / Yazd Sales. Notwithstanding any regulations above to the contrary, a garage sale maybe conducted on a premises which includes a dwelling unit subject to the following regulations: (A) A garage sale / yazd sate maybe conducted three (3) times each calendaz yeaz per lot and shall not exceed three (3) consecutive days in duration; (B) A garage sale / yazd sale shall only be conducted during the hours from sunrise to sunset; (C) All personal property exhibited outdoors during a garage sale / yazd sale shall be placed within a building or structure or otherwise removed from the premises immediately following the end of the garage sale; (D) Garage sale signs shall comply with the applicable provisions of Section 21-07.03 (al (121-TemporarySlQnS; Ord. No.: 9495-04 Section 21-02.11 General Regulations for Residential Districts (E) Nothing in this Section shall be construed to prohibit one (1) or more owners or occupants from conducting a combined garage sale on one (1) of the lots owned or occupied by the participants, provided that all other provisions of this Section are complied with; (F) A garage sale /yard sale or garage sale sign shall be exempt from the requirement of this Ordinance to obtain an improvement location permit for a temporary use; and, (G) Personal property exhibited outdoors during a garage sale /yard sale may be located in a minimum front yard, minimum side yard or minimum rear yard, provided, however, such personal property shall not be located in any public right-of--way. (8) Mobile Classrooms. Mobile classrooms shall only be permitted as a temporary use in compliance with the following requirements: (A) Mobile classrooms shall be for use by a religious use or any public or parochial school; and, (B) Mobile classrooms may be permitted for a period not to exceed five (5) years from the date of issuance of an improvement location permit. 10 Ord. No.: 9495-04 Section 21-02.11 General Regulations for Residential Districts (c) Home Occupations. Intent: This Section provides standards to insure compatibility of home occupations with other permitted uses and with the residential chazacter of the district and neighborhood in which the home occupation is located as well as cleazly establishing the secondary or incidental status of home occupations in relation to the primary use of the lot for dwelling purposes. (1) Required Standazds Home occupations shall be permitted in all residential districts subject to the following standards: (A) Home occupations shall be limited to family members residing within the dwelling and who make the dwelling their primary place of residence. (B) The use of the dwelling unit for the home occupation shall be incidental and subordinate to the use for residential purposes by the occupants. (C) There shall be no structural alterations to the interior of the dwelling to accommodate a home occupation which would render the dwelling undesirable for residential use. (D) There shall be no structural additions, enlazgements or exterior alterations changing the residential appearance of the dwelling or the lot or other visible indications of the conduct of the home occupation. (E) There shall be no additional or sepazate entrance to the dwelling for the purpose of conducting the home occupation. (F) There shall be no internal or external alterations, construction features, or use of electrical or mechanical equipment which would change the fire rating of the structure. (G) There shall be no outdoor storage of any kind related to the home occupation. (H) All aspects of the home occupation shall be conducted within the dwelling structure in which the occupant makes his/her residence. No home occupation shall be conducted in any detached accessory building. (I) There shall be no traffic generated by a home occupation which is greater in volume than that which would be normally expected in the residential area in which the home occupation is located. 11 Ord. No.: 9495-04 Section 21-02.11 General Regulations for Residential Districts (J) There shall be no equipment or process used in the home occupation which creates noise, vibration, glare, smoke, fumes, odors, or electrical interference detectable to the normal senses at any point beyond the lot line in such a manner as to annoy, disturb, frighten or otherwise interfere with the use and quiet enjoyment of adjacent properties, or which creates water usage or the production of sewage other than domestic in nature. (K) There shall be no electrical or mechanical equipment utilized in the home occupation which will create any visual or audible interference with radio or television reception or which will cause fluctuations in line voltage off the premises. (L) The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises other than vehicles normally associated with residential home delivery (i.e., postal or united parcel vehicles). (M) The dwelling shall not be altered in its appearance and the home occupation shall not be conducted in such a manner as to differentiate the dwelling from the residential character of the area by either use of materials, construction, separate entrances, lighting, signs or other means. 12 Ord. No.: 9495-04 Section 21-02.11 General Regulations for Residential Districts (2) Prohibited Home Occupations The following uses, by the nature of the investment or operation, have a pronounced tendency, once started, to rapidly increase beyond the limits specified above for home occupations and impair the use, value and quiet enjoyment of adjacent residential properties. Therefore, the uses specified below and other similar or comparable uses shall not be permitted as home occupations: (A) Antique, Book or Gift Shop. (B) Appliance Repair, large or small. (C) Auto/Vehicle Repairs, major or minor. (D) Barber Shop /Beauty Shop. (E) Bicycle Repair of Service. (F) Dance Studio. (G) Dental Office or Clinic. (H) Freight, Trucking or Shipping. (I) Lawn Mower Repair of Service. (J) Medical Office or Clinic. (K) Painting of Vehicles, Trailers, Boats, etc. (L) Photography Studio. (M) Private Schools with Organized Classes. (I~ Restaurants, Eating or Drinking Establishments. (O) Upholstering. (P) Television or Radio Repair. (Q) Tool or Equipment Rental. (R) Tooling, Welding or Machine Shop. (S) Veterinary Clinic, Kennel, or Stable. (T) Any use not in compliance with the intent and conditions set forth in this Section. 13 Ord. No.: 9495-04 Section 21-02.11 General Regulations for Residential Districts (3) Permitted Home Occupations By way of example, the following uses, when conducted in compliance with the conditions set forth above, qualify as permitted home occupations: (A) Artist's, Musician's or Writer's Studio. (B) Cake Making or Decorating (not a catering or commercial bakery facility). (C) Data Processing, Word Processing or Transcription Services. (D) Dressmaking, Millinery, Sewing or Tailoring. (E) Home School, including Cottage Schools. (F) Personal Office. (G) Teaching or Tutoring, including musical instruments or dance, when limited to one pupil at a time. (H) Other uses that comply with the intent and conditions set forth above in this Section. 14 Ord. No.: 9495-04 Section 21-02.11 General Regulations for Residential Districts (d) Performance Standards. All use in existence prior to the effective date of this Ordinance or established after the effective date of this Ordinance in any Residential District shall comply with the performance standards of the applicable municipal, state or federal regulations pertaining to: vibration; smoke, dust and particulate matter; noxious matter; odor; noise; heat; glare; or, waste, and shall be subject to enforcement action by the applicable municipal, state or federal agency responsible for monitoring and enforcing such regulations. 15 Ord. No.: 9495-04 Section 21-02.11 General Regulations for Residential Districts (e) Zoning Violations in Residential Districts. (1) Use -The conduct of any activity in a Residential district that is not specifically enumerated as a permitted primary use or accessory use in that district, and which activity has not been legally established by a currently valid variance, special exception or other approval grant. ' (2) Development Standards -Failure to comply with district development standards, including but not limited to landscaping, paving of parking areas, minimum parking space requirements, trash dumpster enclosure, fencing or screening requirements. (3) Approvals -The failure to comply with the terms, provisions or conditions of: a grant of variance or special exception; an approval of a development plan; or, other approval grant authorized by this Ordinance. (4) Large Vehicles - No tractor, trailer, tractor-trailer combination, or vehicle (including but not limited to a tow truck, dump truck, flatbed truck, semi-trailer, and the like) equal to or in excess of one and one half (1 '/Z) tons capacity, or which has a bed more than eight (8) feet long, may be parked upon any land or premises in any Residential District. However, the foregoing shall not apply to school buses used for the transportation of school children to and from school or to and from a school sponsored activity, between the hours of 8:00 a.m. and 5:00 p.m. any day except Saturdays, Sundays and legal holidays on designated snow routes of a sufficient width as determined by the Board of Public Works. Nothing in this Section is intended to affect the already regulated parking on designated snow routes during a snow emergency, or other areas in which parking is regulated by duly authorized signs. (5) Parking, Storing, Maintaining or Keeping of Any Recreational Vehicle or Recreational Trailer in any Residential District. Notwithstanding any provision in this Ordinance to the contrary, no recreational vehicle or recreational trailer shall be parked, stored, maintained or kept on any property in any Residential district unless in compliance with the following: (A) recreational vehicles or recreational trailers may be parked or stored: i. inside an accessory building or garage; or ii. outside in such a manner that no part of any such recreational vehicle shall project into any: a. minimum front yard for a primary building; 16 Ord. No.: 9495-04 Section 21-02.11 General Regulations for Residential Districts b. minimum side yard for a primary building; or, c. minimum rear yard for an accessory building. (B) Not more than a total of two (2) recreational vehicles /recreational trailers shall be permitted to be parked or stored in the open on the same lot at any one time. (C) Parked or stored recreational vehicles shall not be occupied or used for living, sleeping or housekeeping purposes in any Residential district. (6) Parking of Vehicles -General: (A) Notwithstanding anything in this Ordinance to the contrary, the parking of any motor vehicles of any size or nature for any period of time on a lot of record without a primary building also being located on said lot of record shall be a zoning violation. (B) If a primary building exists on a lot of record, parking on said lot of record shall be accessory to the use of the primary building located on said lot of record. (C) The prohibition against parking set forth above in this sub-Section 6 shall not apply to a "parking lot -accessory" authorized by the grant of a Special Exception. (7) Parking of Vehicles -Family: In order to avoid congestion in the public ways, promote safety for vehicular and pedestrian traffic, and ensure that residential areas provide healthful surroundings for family life, no family consisting of persons not related by blood, legal adoption or marriage, living and cooking together as a single housekeeping unit shall consist or more persons who possess an automotive vehicle than the number ofoff-street parking spaces provided on-site in a garage, interior access drive or driveway on the lot, plus the number of legal, on-street parking spaces located immediately adjacent to and on the same side of the street as the front lot line of the lot. 17 Ord. No.: 9495-04 Section 21-02.11 General Regulations for Residential Districts (~ Additional Development Standards. (1) Additions Along a Legally Established Nonconforming Setback. The minimum front yard, minimum side yard or minimum rear yard for any legally established nonconforming building having a setback which is less than that which is required by this Ordinance shall be allowed to expand one (1) or more times along such legally established nonconforming setback. (2) Additional Front Setback Provisions. (A) Public Streets In the case where the thoroughfare plan does not include a proposed right-of--way, or where the existing right-of--way is greater than the proposed right-of--way, the existing right-of--way line shall be used for setback measurement. (B) Public Streets and Private Streets The minimum front yard and minimum building setback from the right-of--way line of a private street shall be the same as for a "all other streets" in the applicable Residential district. 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 nonconforming buildings or structures on more than sixty percent (60%) of the total 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. iii. Any development permitted within a minimum front yard shall be those specified in the "Use of Minimum Yards" sections of the applicable residential district. 18 Ord. No.: 9495-04 Section 21-02.11 General Regulations for Residential Districts (C) Double Frontage Lots. i. Limited Access Highway Rights-of--Way. That portion of a double frontage lot which abuts a limited access highway right-of--way shall be subject to setback and landscaping requirements of this Ordinance applicable to minimum rear yards. ii. All Other Streets. That portion of a double frontage lot which abuts any perimeter street in which a "non-access easement" is provided for by a properly approved and recorded plat shall be subject to setback and landscaping requirements of this Ordinance applicable to minimum rear yards. (D) Enclosure of Legally Established Nonconforming Porches. Legally established nonconforming porches which encroach no more than eight (8) feet into a minimum front yard, maybe enclosed subject to compliance with the following regulations: i. shall not exceed seventeen (17) feet or two (2) stories in height; ii. enclosing walls shall contain windows over a minimum of seventy- five (75) percent of the width of the outside wall and a minimum average window sash height of fifty (50) percent of the room height; and, iii. containing no interior partitions. (3) Setback Regulations for Laterally-Supported Extensions. Notwithstanding any setback regulations of this Ordinance to the contrary, laterally-supported extensions, such as: (A) canopies, sills, belt courses, eaves, cornices, bay windows, roof overhangs or other ornamental features, may extend a maximum of: i. three (3) feet into any minimum front yard or minimum rear yard; or, ii. twelve (12) inches into any minimum side yard; or, 19 Ord. No.: 9495-04 Section 21-02.11 General Regulations for Residential Districts (B) open or enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers may extend a maximum of five (5) feet into any minimum front yard, minimum side yard or minimum rear yard. (4) Height Regulations for Roof Mounted or Roof Piercing Structures. The following regulations shall apply to the roof mounted or roof piercing structures in any Residential District: (A) Parapet walls may exceed the maximum building height, provided such parapet wall do not exceed four (4) feet in height above the roof line; and, (B) Roof mounted or roof piercing chimneys, cooling towers, elevator bulkheads, mechanical penthouses, stacks, water towers, radio or television antenna, ornamental towers, cupolas, domes, steeples and spires, may exceed the maximum building height, provided such structures do not exceed twenty-five (25) feet in height above the roof line. (5) Lot Area and Lot Width Regulations for Legally Established Nonconforming Lots of Record. See Section 21-01.03 (d) -Legally Established Nonconfonning~LLots of Record. (6) Additional Standards for Manufactured Home Dwellings. (A) Construction. All manufactured home dwellings shall comply with the following requirements: i. Compliance with Federal Standards -Each module of a manufactured dwelling home must bear a label certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standards Law of 1974 (42 U.S.C. 5401 et seq.); ii. Date of Construction -Each manufactured home dwelling shall have been constructed after January 1, 1981; iii. Main Floor Area -Each manufactured home dwelling shall have at least nine-hundred and fifty (950) square feet of main floor area (exclusive of garages, carports and open porches); and, 20 Ord. No.: 9495-04 Section 21-02.11 General Regulations for Residential Districts iv. Multiple Sections -Each manufactured home dwelling shall be composed of more than one (1) section. (B) Installation Standards. All manufactured home dwellings shall be installed in compliance with the following requirements: i. Permanent Perimeter Enclosure Required -Each manufactured home dwelling shall be set into an excavated are with crawl space walls or basement walls constructed in accordance with the terms of the Indiana One and Two Family Dwelling Code. The space between the floor joists of the manufactured home dwelling and the excavated under-floor grade shall be completely enclosed with a permanent perimeter enclosure, except for required openings; and, ii. Support System -All load-bearing foundations for a manufactured home dwelling shall be installed in conformance with the regulations of the Indiana One and Two Family Dwelling Code and with the manufacturer's installation specifications. (C) Siding Standards. The siding materials used on all manufactured home dwellings shall be limited to the following: i. Residential horizontal aluminum lap siding; ii. Residential horizontal vinyl lap siding; iii. Wood-grain, weather resistant, pressboard siding; iv. Stucco siding; v. Brick siding; or, vi. Stone siding. 21 Ord. No.: 9495-04 Section 21-02.11 General Regulations for Residential Districts (D) Roofing Standards. The roofing materials used on all manufactured home dwellings shall be limited to the following: i. Asbestos shingles on a roof pitched according to the design specifications of the shingles; ii. Fiberglass shingles on a roof pitched according to the design specifications of the shingles; iii. Shake shingles on a roof pitched according to the design specifications of the shingles; iv. Asphalt shingles on a roof pitched according to the design specifications of the shingles; v. Slate; or, vi. Tile. 22 Ord. No.: 9495-04 Section 21-02.11 General Regulations for Residential Districts (g) Requirements for All Private Streets and Private Alleys. See Section 21-01.01 (u -Requirements for All Private Streets and Private Alleys. 23 Ord. No.: 9495-04 Section 21-02.11 General Regulations for Residential Districts (h) Neighborhood Recycling Collection Points. A neighborhood recycling collection point maybe established as an accessory use to a religious use, school, library or other use containing not less than twenty (20) parking spaces, provided that the area used for the neighborhood recycling collection point does not reduce the number of required off-street parking spaces for the primary use or special exception use below the minimum requirements established in Section 21-07.04 - Off- Street Parking Regulations. 24 Ord. No.: 9495-04 Section 21.02.12 Development Incentives for the SFl District Section 21-02.12 Development Incentives for the SF1 District. Intent -The development incentives of this Section aze intended to: allow greater flexibility in design and development of subdivisions; provide for neo-traditional residential neighborhood design; provide for more efficient use of land; protect topographical features; and, permit the permanent set-aside of common areas and open space. Further, the approval of a subdivision design as set forth herein is intended to be conceptual in nature. While all plans shall be drawn to scale and shall be accurate in depicting existing conditions and the proposed development, no development within a subdivision shall commence until more detailed engineering drawings with full bearing and distance calls, curve radii, details regazding utility installations, etc., shall have first been reviewed and approved pursuant to the Subdivision Control Ordinance. Primary plat approval and secondary plat approval shall be required prior to any construction utilizing the development incentives provided in this Section. The petitioner shall obtain development plan approval from the Area Plan Commission for development incentives prior to filing for primary plat approval for a subdivision using the provisions of this Section. Any residential development in the SF1 District in compliance with all development standards of the SF1 District and which does not intend to use the provisions set forth in this Section may pursue subdivision approval in compliance with the Subdivision Control Ordinance and the development standards of the SFl District. For purposes of this Section, development requirements include any development standards or design features set forth in this Section as "additional development requirements" and any development standards contained in or applicable to the SF1 District. (a) Additional Development Requirements For Development Incentives in the SFl District. The following additional development requirements shall be applicable only to a subdivision in SFl District which is proposed to be developed pursuant to the development incentives as provided for in this Section: (1) Project Area (Minimum Size of Subdivision) -ten (10) acres. (2) Maximum Gross Density - 7.25 dwelling units per acre on developable area, where developable azea is the total land azea minus land azea of proposed perimeter street rights-of--way, floodway azeas or other non-buildable areas. Ord. No.: 9495-04 Section 21-02.12 Development Incentives for the SFl District (3) Development Standards Compliance with all development standards regazding lot area, lot width, lot width at setback, front setback, side setback, rear setback, street frontage and lot coverage of the SF1 district shall be required (unless a waiver as authorized by this Section, below, is granted, in which case compliance with the terms and conditions of the waiver grant shall be required). (4) Common Areas /Open Space. (A) The creation of an amount of common area or open space by the development of the subdivision which is equivalent to, or more than, the total reduction in lot area. At least seventy-five percent (75%) of the total amount of common azea or open space shall consist of tracts of land at least fifty (50) feet wide in minimum dimension. (B) Common area or open space created by the development of the site utilizing the provisions of this Section shall be: preserved in its naturally occurring state for passive recreational activities; or, developed as a common recreational area. (C) Common azea or open space created for recreational purposes by the development of the site utilizing the provisions of this Section shall be provided in such a manner that as to be accessible to residents of the subdivision for their use and enjoyment and for continual maintenance. (D) All common azeas or open space created by the development of the site utilizing the provisions of this Section shall perpetually run with the subdivision and shall not be developed or sepazated from the subdivision at a later date. Provisions shall be made on the recorded secondary plat or by other legally binding instrument for continuous and adequate maintenance of such common areas or open space at a reasonable and non- discriminatoryrate of charge. (5) Development of common azeas, open space and recreational areas accessible to residents of the subdivision including provisions for walkways and bikeways. (6) Establishment of a more efficient use of the land. (7) Creation of innovative residential environments. (8) The proposed development shall be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property. Ord. No.: 9495-04 Section 21.02.12 Development Incentives for the SFl District (b) Development Requirements Which May Be Waived as a Development Incentive. The following development standards of the SF1 district may be waived by the Area Plan Commission in order to provide for the development of a subdivision in conformance with the provisions of this Section subject to the findings required for the approval of such waiver set forth in Section 21-02.12, (fl - Findings for Waiver of Development Requirements, below. The Area Plan Commission may not waive any other development standards of the SF1 District not specifically set forth below. Any development standard of the SF1 District not set forth below must be complied with unless a variance of such development standard is obtained from the Board of Zoning Appeals as a variance of development standards. (1) Individual lots in a subdivision may reduce the following development standards of the 5F 1 District to the extent specified below: (A) Minimum Lot Area -The minimum lot area of a lot may be reduced to 4,000 square feet. (B) Minimum Lot Width -The minimum lot width of a lot may be reduced to 40 feet. (C) Minimum Lot Frontage -The minimum lot frontage of a lot maybe reduced to 20 feet. (D) Minimum Setback Lines. i. Front Yard -The minimum front yard on a lot may be reduced to not less than: a. Twenty (20) feet for any portion of a front loaded garage; or, b. Ten (10) feet for any living area, side loaded garage or rear loaded garage. ii. Side Yard -The minimum side yard on a lot may be reduced to zero (0) feet, provided that: a. A minimum separation of at least ten (10) feet is maintained between buildings; and, b. In any case where the minimum side yard is less than five (5) feet, a provision shall be incorporated into the secondary plat to provide for the continual maintenance of Ord. No.: 9495-04 Section 21-02.12 Development Incentives for the SFl District that portion of any structure that is located within five (5) feet of the side lot line. iii. Rear Yard -The minimum rear yard on a lot maybe reduced to twenty (20) feet. (E) Maximum Lot Coverage -The maximum lot coverage on a lot maybe increased to fifty (50) percent. (c) Design Features as Additional Development Requirements. In order to create variation and interest in the built environment, all residential subdivisions in the SF1 District which utilize the provisions of this Section shall incorporate appropriate techniques (e.g., plat restrictions, building setback lines, or other method as approved by the Area Plan Commission) to accomplish the design objectives as set forth below: (1) At least one (1) of the following two (2) design objectives: (A) Development of single family dwelling or two family dwelling subdivisions in which lots are so laid out that dwelling units are located with the front of the dwelling unit oriented toward the perimeter street of the subdivision. This design objective may be accomplished through the utilization of frontage street or alley access; or, (B) A common area or greenbelt of not less than fifty (50) feet in depth shall be provided along the perimeter streets of the subdivision. Such common area or greenbelt shall be subject to the provision of Section 21-02.12 (c) - Maintenance of Common Areas, below. d as Nl I I I I I c Interior Street c Minimum 50' Greenbelt E- Perimeter Street-~ Example of Frontage Street or Greenbelt 4 Ord. No.: 9495-04 Interior Street Section 21.02.12 Development Incentives for the SFl District (2) At least two (2) of the following four (4) design objectives: (A) Garage Orientation -Lot layout and building design shall provide for: i. Alley Access -The development of single family dwellings or two family dwellings with rear loaded garages with access via a side or rear alley which is paved to City of South Bend standards; or, ii. The development of single family dwelling or two family dwellings with: a. Garage Off-Set -Where the front facade of an attached or detached front loading garage is off-set and stepped back from the front building line by a minimum often (10) feet (this design feature may only be counted for dwelling units with garages); or, b. Garage as Percent of Facade -Where garage doors shall not comprise more than forty (40) percent of the linear length of the ground floor, street facing facade of the primary building containing a dwelling unit (this design feature may only be counted for dwelling units with garages); 12' Garage Wall Area over 40% of Ground Floor Street Facing Facade Example of Excessive Garage Door Area Which DOES NOT Comply Example of Appropriate Alley Access Design ~~ Jl I o 0 10' Minimum Example of Garage Door Stepped Back from Front Building Line Ord. No.: 9495-04 Section 21-02.12 Development Incentives for the SFl District (B) Variable Build To Line -Establishment of a build to line by plat to vary the placement of adjacent dwelling units by a minimum of: i. Single Family Dwellings - a five (5) foot or more variation applicable to at least one (1) of every four (4) lots along a block face; or, ii. Two Family Dwellings -either: a two (2) foot off-set for more for each dwelling unit in a two family dwelling building; or, a five (5) foot or more variation applicable to at least one (1) of every four (4) lots along a block face; or, Minimum Setback Line Variable Build- (C) Covered Porch -Each dwelling unit is designed with a covered front porch occupying a minimum of fifty (50) percent of the overall width of the primary building containing a dwelling unit. 6 Ord. No.: 9495-04 Section 21.02.12 Development Incentives for the SFl District (d) Maintenance of Common Open Space Areas. As a condition of approval, of the waiver of development requirements set forth above, the petitioner shall submit, at the time of filing of any plat application, documentary assurances that permanent dedication of the common areas shall be made and that adequate provision is being made for continuous and adequate maintenance of such common areas. The documentary assurances shall be forwarded to the Area Plan Commission at the time of review of a petition for primary plat approval. Further, the documentary assurances shall be incorporated in the secondary plat that is recorded with the office of the St. Joseph County Recorder. No exceptions to these requirements shall be permitted unless the Area Plan Commission determines that the petitioner has adequately provided for such upkeep, protection and maintenance of common areas through other legally binding perpetual agreements. (e) Filing for Primary Plat Approval. Petitioner may either file a primary plat for approval by the Area Plan Commission at the same time as the development plan for development incentives or may wait for the expiration of any appeal period. If a petitioner files a primary plat for consideration at the same time as the development plan for development incentives, any approval of such primary plat shall be conditioned upon the final approval, not subject to appeal, of the development plan for development incentives. Any petition for primary plat approval shall be filed in accordance with the requirements set forth in the Subdivision Control Ordinance. (f) Findings Required to Approve a Development Plan Utilizing Development Incentives in the SFl District. A development plan which incorporates development incentives for development in the SFl District (and thereby grant the waivers requested by the Petitioner) indicating compliance with this Section may only be granted upon finding that: (1) The use of area properties will not be adversely affected; (2) The proposed development plan demonstrates compliance with the provisions of: (A) Section 21-02.12 (a) -Additional Development Requirements For Development Incentives in the SF1 District; (B) Section 21-02.12 (b -Development Requirements Which May Be Waived as a Development Incentive; (C) Section 21-02.12 (c) -Design Features as Additional Development Requirements; and, 7 Ord. No.: 9495-04 Section 21-02.12 Development Incentives for the SFl District (D) Section 21-02.12 (d) -Maintenance of Common Open Space Areas; (3) The proposed development plan is appropriate to the site and its surroundings; (4) The proposed development plan is consistent with the policy statements of the Comprehensive Plan; and, (5) The proposed development plan is consistent with the intent and purpose of this UDO. All findings specified above for the granting of a waiver for development incentives shall be reduced to writing and signed by the President of the Area Plan Commission and retained as a part of the permanent record of the determination. Ord. No.: 9495-04 . Section 21-03.01 OB Office Buffer District ARTICLE 3 COMMERCIAL /MIXED USE DISTRICTS SECTION 21-03 COMMERCIAL /MIXED USE DISTRICTS REGULATIONS Section 21-03.01 OB Office Buffer District. Intent -The OB -Office Buffer District is established to promote the development of small scale office, professional, business, governmental and quasi-governmental uses. Since the types of permitted uses in the OB District are typically less commercial in appearance and are architecturally more harmonious with residential structures, this district can serve as a buffer between residential districts and more intense commercial or industrial districts. The OB District may also serve as a gradual and reasonable transition between major thoroughfares and residential districts. The OB District development standards are established to assure small scale developments. (a) Permitted Uses. (1) Primary Uses. (A) Educational Uses: Including but not limited to: Kindergarten; Child Care Center; Child Care Ministry; Cottage School; Public Library. (B) Governmental Use: Including but not limited to: Governmental Offices; Post Office -without outside storage of delivery vehicles. (C) Miscellaneous: Including but not limited to: Bed & Breakfast; Clinic - medical, dental or optometrists; Cottage Business /Residential. (D) Office /Professional Services: Including but not limited to: Architect; Artist; Bank Machines -Walk-up; Construction Companies (office only); Consultant; Contractors (office only); Dentist; Design Services; Engineer; Financial Institution; Insurance Agent; Lawyer; Musician; Physician; Pharmacist; Photographic Studio; Professional Offices; Real Estate Office; Travel Agency. (E) Public Facilities: Including but not limited to: Community Center; Funeral Home; Mortuary; Public or Private Park -Passive; Religious Use. (F) Residential: One (1) dwelling unit (incidental to and located within the same building as the non-residential primary use). Ord. No.: 9495-04 Section 21-03.01 OB Office Buffer District (2) Special Exception Uses. (A) Food Sales and Service: Including but not limited to: Bakery -Retail; Convenience Store; Dairy Bar -Retail; Delicatessen; Grocery; Ice Cream Store -Retail; Restaurant -Family; Yogurt Store -Retail. (B) Government Use: Including but not limited to: Fire Station; Police Station. (C) Personal Service: Including but not limited to: Barber Shop; Beauty Shop. (D) Public Facilities: Including but not limited to: Cemetery -with or without Crematory, Funeral Home, Mausoleum or Mortuary; Public or Private Park -Active. (E) Recreation: Including but not limited to: Country Club; Fairgrounds; Golf Course; Golf Driving Range; Swimming Pool -private or public. (F) Residential: Including but not limited to: Convalescent Home; Family Care Home; Group Home; Nursing Home; Rest Home; Single Family Dwelling (see Section 21-03.01, (b) (10) for applicable development standards); Two Family Dwelling (see Section 21-03.01, (b) (11) for applicable development standards). (G) Retail: Including but not limited to: Antique Shop; Apparel Shop; Art Gallery; Arts and Craft Store; Bicycle Sales and Service; Camera Store; Card Shop; Clock Shop; Coin and Stamp Shop; Computer Store; Flower Shop; Frame Shop; Gift Shop; Hobby Shop; Toy or Game Shop; Jewelry Store; Music Store; Newsdealer; Shoe Store; Stationery and Book Store; Video Store. (H) Utilities: Including but not limited to: Electricity Relay Station; Public Utility Substation; Pumping Stations; Water Towers. (3) Accessory Uses -See Section 21-03.11 (a) -Accessory Uses, Buildings and Structures. (4) Temporary Uses -See Section 21-03.11 (b) -Temporary Uses, Buildings and Structures. (5) Home Occupations -See Section 21-03.11 (cl -Home Occupations. Ord. No.: 9495-04 Section 21-03.01 OB Office Buffer District (b) Development Standards. (1) Minimum Lot Width and Frontage -each lot or integrated center shall have a minimum lot width and frontage on a public street of 35 feet. (2) Yards and Building Setbacks (A) Front - a front yard and building setback measured from the greater of the proposed right-of--way or existing right-of--way shall be provided as follows: Limited Access Highway: 50' All other Streets: 25' (B) Minimum Side Yard and Setback -The minimum side yard and setback for all integrated centers and single use sites shall be as follows: i. Minimum Side Yard: a. Lots less than sixty (60) feet in width -five (5) feet; or, b. Lots sixty (60) feet or more in width -eight (8) feet. ii. Minimum Side Residential Bufferyard -fifteen (15) feet (C) Minimum Rear Yard and Setback -The minimum rear yard and setback for all integrated centers and single use sites shall be as follows: i. Minimum Rear Yard -fifteen (15) feet ii. Minimum Rear Residential Bufferyard -fifteen (15) feet (D) Minimum Yards for Out Lots: i. Out Lots Along AStreet -Out lots within an integrated center shall provide a minimum yard of five (5) feet along all lot lines in common with other out lots or ten (10) feet along all lot lines in common with the main portion of the integrated center. ii. Perimeter Out Lots - If any portion of an out lot abuts the perimeter of the integrated center, that portion of the out lot shall be required to comply with the applicable minimum front, side or rear yard requirements set forth above. Ord. No.: 9495-04 Section 21-03.01 OB Office Buffer District iii. Interior Out Lots -Out lots which are located on the interior of an integrated center (i.e., out lots which are not located along, oriented toward or primarily visible from a perimeter street) shall not be required to provide any minimum yard. iv. Integrated Center -The main portion of the integrated center shall not be required to provide a minimum yard along the lot line in common with any out lot. (3) Use of Minimum Yards and Residential Bufferyards All minimum yards and residential bufferyards shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in Section 21- 07.01-Landscape Requirements of this Ordinance and shall remain free from structures except where expressly permitted below: (A) Minimum front yards: along limited access highways -may include: parking areas, loading areas, interior access drives, or interior access driveways, provided that no portion of such area maybe located closer to the right-of--way than fifteen (15) feet; or signs as regulated by Section 21-07.03 -Sign Re laug tions of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures; ii. along all other streets -may include: parking areas, provided that no portion of the parking area maybe located closer to the right- of-way than fifteen (15) feet; driveways; or signs as regulated by Section 21-07.03 -Sign Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures. (B) Minimum Front Residential Bufferyards -may include: driveways; or, signs as regulated by Section 21-07.03 -Sign Re laug_ tions of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures; (C) Minimum Side Yards and Rear Yards -may include: interior access driveways; or, walkways or other pedestrian way connections to adjoining lots, provided that the remainder of said side yards shall be maintained as open space free from buildings or structures; (D) Minimum Side Residential Bufferyards and Rear Residential Bufferyards - shall be maintained as open space free from buildings or structures. 4 Ord. No.: 9495-04 Section 21-03.01 OB Office Buffer District (4) Maximum building height -thirty-five (35) feet; not to exceed two and one-half (2 '/2) stories. (5) Maximum Gross Floor Area: No building shall exceed five (5,000) square feet of gross joor area. (6) Landscaping -See Section 21-07.01- Landscape Regulations. (7) Lighting -See Section 21-07.02 - Lighting Regulations. (8) Signs -See Section 21-07.03 -Sign Regulations. (9) Parking -See Section 21-07.04 -Off-Street Parking Regulations; provided, however, a single use site or integrated center in the OB District may include on- streetparking located immediately adjacent to the single use site or integrated center, if such adjacent on-street parking is approved by the Board of Public Works and the design of the on-street parking is approved by the Board of Public Works. If on-street parking is provided, the amount ofoff-street parking required by this Ordinance for the single use site or integrated center shall be deemed to be reduced by the number of on-street parking spaces provided immediately adjacent to the single use site or integrated center. (10) Loading -See Section 21-07.05 -Off-Street Loading Regulations. (11) Greenway Connection Required - If the lot abuts any portion of a greenway, a direct linkage from the project to such greenway shall be provided. (12) Outdoor Operations -All uses and operations (except oj~street parking, off-street loading and delivery and walk-up customer service windows) shall be conducted completely within enclosed buildings, except for walk-up customer service windows or Automated Teller Machines (ATM's), provided that such facilities are not free-standing and are set flush with the facade of the building. (13) Architecture: (A) Additions to Existing Buildings: All additions to existing buildings shall utilize building materials that are compatible and harmonious with the materials used on the existing building. (B) Exterior Renovations, Major Additions and Accessory Buildings: Exterior renovations, major additions and accessory buildings to existing buildings or facilities are encouraged to comply with the provisions in sub-Section (C), below, for new construction, however, the minimum requirement for Ord. No.: 9495-04 Section 21-03.01 OB Office Buffer District exterior renovations, major additions and accessory buildings shall be the same as in sub-Section (A), above, for additions to existing buildings. (C) New Construction: In order to create variation and interest in the built environment, all new primary buildings shall comply with one (1) of the following two (2) sets of architectural regulations regarding building material and architectural features on each facade visible from a public street: i. All brick (excluding window, display window, door, roofing, fascia and soffit materials), provided that the brick used on each applicable facade shall include: a. at least two (2) architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.); or, b. at least two (2) colors of brick, with the secondary color constituting a minimum often (10) percent of the facade (excluding windows, display windows, doors, roofing, fascia or soffit materials); or, ii. Two (2) or more building materials (excluding window, display window, door and roofing materials), provided: a. Primary Building Material: The primary building material shall be either: brick; stone (limestone, granite, fieldstone, etc.); architectural pre-cast concrete, if the surface looks like brick or stone; or, exterior insulation and finish system (E.I.F.S.) or equivalent, and shall constitute a minimum of fifty (50) percent of each applicable facade. b. Secondary Building Material: The secondary building material shall constitute a minimum often (10) percent of the facade. Glass curtain wall or a faux window (not intended for use as a window or display window) may qualify as a secondary building material. c. Architectural Features: In addition, the exterior building material selection shall be supplemented with the use of multiple colors, textures (e.g., rough, smooth, striated, etc.) or architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.) on each facade visible from a public street. Ord. No.: 9495-04 Section 21-03.01 OB Office Buffer District (14) Development Standards for Single Family Dwellings. Notwithstanding anything in this OB District to the contrary, a single family dwelling shall be subject to the applicable development standards of the SF2 District. (15) Development Standards for Two Family Dwellings. Notwithstanding anything in this OB District to the contrary, a two family dwelling shall be subject to the applicable development standards of the SF2 District. 7 Ord. No.: 9495-04 Section 21-03.02 MU Mixed Use District Section 21-03.02 MU Mixed Use District. Intent - The MU Mixed Use District is established to promote the development of the a dense urban village environment. The regulations are intended to encourage all the elements of a traditional urban village, including: storefront retail; professional offices; and, dwelling units located either in townhouse developments or in the upper stories of mixed-use buildings. The development standards in this district are designed to: encourage a pedestrian oriented design throughout the district; and, maintain an appropriate pedestrian scale, massing and relationship between buildings and structures within the district. (a) Permitted Uses. (1) Primary Uses. (A) Clothing Service: Including but not limited to: Costume Rental; Dressmaking; Dry Cleaning and Laundry Establishment; Millinery (Fabric) Shop; Self-service Laundry; Shoe Repair Shop; Tailor and Pressing Shop; Tuxedo Rental. (B) Educational Uses: Including but not limited to: Child Care Center; Child Care Ministry; Cottage School; Public Library; School -Commercial, Trade or Business. (C) Food Sales and Service: Including but not limited to: Bakery -Retail; Cabaret -Family; Convenience Store; Dairy Bar -Retail; Delicatessen; Farmers Market; Grocery; Ice Cream Store -Retail; Restaurant -Fast Food (without drive-in or drive-through); Restaurant -Family; Restaurant -Family, with Lounge; Yogurt Store -Retail. (D) Governmental Use: Including but not limited to: Governmental Offices; Post Office -without outside parking of delivery vehicles. (E) Miscellaneous: Including but not limited to: Bed ~ Breakfast; Bus Station; Clinic (medical, dental or optometrists); Cottage Business / Residential; Electrical /Electronics Repair. (F) Office /Professional Services: Including but not limited to: Architect; Artist; Bank Machines -Walk-up; Construction Companies (office only); Consultant; Contractors (office only); Dentist; Design Services; Engineer; Financial Institution; Insurance Agent; Lawyer; Musician; Physician; Pharmacist; Photographic Studio; Professional Offices; Real Estate Office; Travel Agency. (G) Personal Service: Including but not limited to: Barber Shop; Beauty Shop. Ord. No.: 9495-04 Section 21-03.02 MU Miaed Use District (H) Public Facilities: Including but not limited to: Community Center; Funeral Home; Mortuary; Neighborhood Recycling Collection Point; Public or Private Park -Passive; Religious Use. (I) Recreation: Including but not limited to: Aerobics Studio; Amusement Arcade *; Dance Studio; Gymnastics Studio; Theater -Indoor. (J) Residential: Including but not limited to: Dwelling Unit -upper level; Dwelling Unit -first floor with business; Multifamily Dwelling; Two Family Dwelling (see Section 21-03.02 (b) (14) for applicable development standards). (K) Retail: Including but not limited to: Antique Shop; Apparel Shop; Art Gallery; Arts and Craft Store; Bicycle Sales and Service; Camera Store; Card Shop; Clock Shop; Coin and Stamp Shop; Computer Store; Drug Store; Flower Shop; Frame Shop; Gift Shop; Hobby Shop; Toy or Game Shop; Jewelry Store; Music Store; Newsdealer; Shoe Store; Stationery and Book Store; Video Store. * =Controlled Use. See Section 21-08.02 -Special Regulations for Controlled Uses for additional requirements. (2) Special Exception Uses. (A) Food Sales and Service: Including but not limited to: Bar *; Cabaret - 21 and Over *; Manufacturing Retailers; Nightclub *; Restaurant - Drive In; Restaurant -Drive Through; Tavern *. (B) Govenvnent Use: Including but not limited to: Fire Station; Municipal / State Road Maintenance Facility; Police Station; Post Office -with outside parking of delivery vehicles. (C) Miscellaneous: Including but not limited to: Artificial Lake; Conference Center; Motel. (D) Public Facilities: Including but not limited to: Cemetery -with or without Crematory, Funeral Home, Mausoleum or Mortuazy; Parking Garage; Pazking Lot -Commercial; Public or Private Park -Active. (E) Recreation: Including but not limited to: Banquet Hall; Billiazd Hall *; Country Club; Fairgrounds; Fraternal Organization; Golf Course; Golf Driving Range; Lodge; Private Club; Social Club; Swimming Pool - private or public. (F) Residential: Including but not limited to: Group Residences. 2 Ord. No.: 9495-04 Section 21-03.02 MU Mized Use District (3) (4) (5) (G) Retail: Including but not limited to: Liquor Store; Tobacco Store. (H) Utilities: Including but not limited to: Electricity Relay Station; Public Utility Substation; Pumping Stations; Water Towers. * =Controlled Use. See Section 21-08.02 -Special Regulations for Controlled Uses for additional requirements. Accessory Uses -See Section 21-03.11 (a) - Accessor~Uses, Buildings and Structures. Temporary Uses -See Section 21-03.11 (b~ -Temporary Uses, Buildings and Structures. Home Occupations -See Section 21-03.11 (c) -Home Occupations. (b) Development Standards. (1) (2) Minimum Lot Width and Frontage -each lot or integrated center shall have a minimum lot width and frontage on a public street of 30 feet. Yards and Building Setbacks (A) Front - a front yard and building setback measured from the greater of the proposed right-of--way or existing right-of--way shall be provided as follows: Minimum Maximum Limited Access Highway: 50' NA All other Streets: 5' 20' Provided, however, on all streets except limited access highways, building placement shall be in compliance with the following regulations: For sites containing one building - in elevation view from the street frontage, at least fifty percent (50%) of the length of the facade of the building facing a street shall be located at or between the minimum setback and the maximum setback, ii. For sites containing multiple buildings - in elevation view from the street frantage, at least fifty percent (50%) of the visible facades of the buildings facing a street shall be located at or between the minimum setback and the maximum setback, and, iii. parking areas and interior access drives shall not be located in front of the maximum setback. Ord. No.: 9495-04 Section 21-03.02 MU Mixed Use District (B) Minimum Side Yard and Setback -The minimum side yard and setback for all integrated centers and single use sites shall be as follows: Minimum Side Yard -zero (0) feet, provided, however, if a side yard is provided along a side lot line not abutting an alley, such setback shall not be less than five (5) feet. ii. Minimum Side Residential Bufferyard -fifteen (15) feet. (C) Minimum Rear Yard and Setback -The minimum rear yard and setback for all integrated centers and single use sites shall be as follows: Minimum Rear Yard -ten (10) feet ii. Minimum Rear Residential Bufferyard -fifteen (15) feet (D) Minimum Yards for Out Lots -All lots which are part of an integrated center shall be considered out lots. Out lots within an integrated center shall not be required to provide a minimum side yard or minimum rear yard along lot lines in common with other out lots. If any portion of an out lot abuts the perimeter of an integrated center, that portion of the out lot shall be required to comply with the applicable minimum front yard, minimum side yard or minimum rear yard requirements set forth above. (3) Use of Minimum Yards and Residential Bufferyards All minimum yards and Residential Bufferyards shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in Section 21-07.01 -Landscape Regulations of this Ordinance and shall remain free from structures except where expressly permitted below: (A) Minimum Front Yards - i. along limited access highways -may include: parking areas, loading areas, interior access drives, or interior access driveways, provided that no portion of such area maybe located closer to the right-of--way than fifteen (15) feet; or, signs as regulated by Section 21-07.03 -Sign Regulations of this Ordinance, and shall be otherwise maintained as open space free from buildings or structures; ii. along all other streets -may include: driveways; or, signs as regulated by Section 21-07.03 -Sign Regulations of this Ordinance, and shall otherwise be developed as plazas in compliance with the following requirements: 4 Ord. No.: 9495-04 Section 21-03.02 MU Miaed Use District a. shall be located adjacent to a building; b c. shall be surfaced with concrete, brick or other form of hardsurface paver appropriate for the proposed development, except for those areas used for trees, foundation landscaping, lawn area or planters; shall maintain surface areas at a slope of less than 3%, surface areas maybe stepped, where appropriate, as necessary to accommodate natural topography; and, Plaza Location and Street Frontage Landscaping i ~i ~ s~ 6ulldiny ~ Plaza PerYnNer Yard flTffl ~Landscaplny ~® IpKYI~ ~ RlghtoMAfry Line filde 6: ~ ~ ~ i is~~ ~ ± ~ ~ I ~ `Cub ; Or-itreet Parkkg f Example of Tree Placement along Street Frontage d. the street frontage portion of the plaza perimeter shall include shade or ornamental trees planted with a maximum spacing of forty (40) feet on-center. If street trees have already been installed on an abutting lot, the on-center spacing shall be measured from the existing street trees. Overall street tree location within each MU District shall Ord. No.: 9495-04 Section 21-03.02 MU Mized Use District begin in any block with a measurement from the edge of the nearest clear site area. (B) Minimum Front Residential Bufferyards -may include: driveways; or, signs as regulated by Section 21-07.03 -Sign Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures; (C) Minimum Side and Rear Yards -may include driveways, interior access driveways, parking areas, loading areas, walkways or other pedestrian way connections to adjoining lots, provided that the remainder of said yards shall be maintained as opens space free from buildings or structures; (D) Minimum Side and Rear Residential Bufferyards -may include walkways or other pedestrian way connections to adjoining residential areas provided that the remainder of said yards shall otherwise be maintained as open space free from buildings or structures. (4) Building Height: (A) Minimum Front Facade Height - in the elevation view from the street frontage, twenty-two (22) feet. (B) Maximum Building Height -Forty (40) feet; not to exceed three (3) stories. (5) Maximum Gross Floor Area: (A) For any use listed under the following headings, no single use, whether free-standing or contained in an integrated center, shall exceed eight thousand (8,000) square feet of gross floor area: Clothing Service Personal Services Food Sales and Service Recreation Miscellaneous Retail (B) For any use listed under the following headings, no single use, whether free-standing or contained in an integrated center, shall exceed fifty thousand (50,000) square feet in gross floor area: Educational Use Public Facilities Governmental Use Residential Office /Professional Services Utilities 6 Ord. No.: 9495-04 Section 21-03.02 MU Miaed Use District (6) Landscaping -See Section 21-07.01 -Landscape Regulations. (7) Lighting -See Section 21-07.02 - Li ting Regulations. (8) Signs -See Section 21-07.03 -Sign Re lagu tions. (9) Parking -See Section 21-07.04 -Off-Street Parking Regulations; provided, however, a single use site or integrated center in the MLJ District may include on- streetparking located immediately adjacent to the single use site or integrated center, if such adjacent on-street parking is approved by the Board of Public Works and the design of the on-street parking is approved by the Board of Public Works. If on-street parking is provided, the amount of o, ff-street parking required by this Ordinance for the single use site or integrated center shall be deemed to be reduced by the number of on-street parking spaces provided immediately adjacent to the single use site or integrated center. (10) Loading -See Section 21-07.05 -Off-Street Loading Regulations. (11) Greenway Connection Required - If the lot abuts any portion of a greenway, a direct linkage from the project to such greenway shall be provided. (12) Outdoor Operations -All uses and operations (except off-street parking, ojJ~street loading and delivery and walk-up customer service windows) shall be conducted completely within enclosed buildings, except where expressly permitted below: (A) Outdoor seating for restaurants provided that such outdoor seating: i. shall not be located in any street right-of--way; ii. shall be permitted only along the business' tenant bay or storefront facade; and, iii. shall not block an entrance or exit to or from the business or building; (B) Outdoor display or sales of merchandise: shall not be located in any street right-of--way; ii. shall be located against the building facade; iii. shall be permitted only along the business' tenant bay or storefront facade; iv. shall not block an entrance or exit to or from the business or building; Ord. No.: 9495-04 Section 21-03.02 MU Mixed Use District v. shall not exceed ten percent (10%) of the gross floor area of each non-related and separately operated use; vi. shall be permitted only during the hours of operation of the business and shall be removed at the close of each business day; (C) Walk-up customer service windows or Automated Teller Machines (ATM's), provided that such facilities are not free-standing and are set flush with the facade of the building. (D) Vending machines -provided that vending machines: i. shall abut the exterior wall of the building ;and, ii. shall not be located in a required yard or required Residential Bufferyard. (13) Architecture: (A) Additions to Existing Buildings: All additions to existing buildings shall utilize building materials that are compatible and harmonious with the materials used on the existing building. (B) Exterior Renovations, Major Additions and Accessory Buildings: Exterior renovations, major additions and accessory buildings to existing buildings or facilities aze encouraged to comply with the provisions in sub-Section (C), below, for new construction, however, the minimum requirement for exterior renovations, major additions and accessory buildings shall be the same as in sub-Section (A), above, for additions to existing buildings. (C) New Construction: In order to create variation and interest in the built environment, all new primary buildings shall comply with one (1) of the following two (2) sets of azchitectural regulations regazding building material and azchitectural features on each facade visible from a public street: i. All brick (excluding window, display window, door, roofing, fascia and soffit materials), provided that the brick used on each applicable facade shall include: a. at least two (2) azchitectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, azchitraves, etc.); or, Ord. No.: 9495-04 Section 21-03.02 MU Mized Use District b. at least two (2) colors of brick, with the secondary color constituting a minimum often (10) percent of the facade (excluding windows, display windows, doors, roofing, fascia or soffit materials); or, ii. Two (2) or more building materials (excluding window, display window, door and roofing materials), provided: a. Primary Building Material: The primary building material shall be either: brick; stone (limestone, granite, fieldstone, etc.); architectural pre-cast concrete, if the surface looks like brick or stone; or, exterior insulation and finish system (E.I.F.S.) or equivalent, and shall constitute a minimum of fifty (50) percent of each applicable facade. b. Secondary Building Material: The secondary building material shall constitute a minimum often (10) percent of the facade. Glass curtain wall or a faux window (not intended for use as a window or display window) may qualify as a secondary building material. c. Architectural Features: In addition, the exterior building material selection shall be supplemented with the use of multiple colors, textures (e.g., rough, smooth, striated, etc.) or architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.) on each facade visible from a public street. (14) Development Standards for Two Family Dwellings. Notwithstanding anything in this Mi3 District to the contrary, a two family dwelling shall be subject to the applicable development standards of the SF2 District. Ord. No.: 9495-04 Section 21-03.03 O Office District Section 21-03.03 O Office District. Intent - The O -Office District is established to promote the development of: general office uses and complexes; professional health care uses and complexes; limited public and semi-public uses; and, other uses which aze generally compatible in physical appeazance and service requirements to office uses. The potential for the development of multifamily dwellings is also provided. The O District is intended for areas with easy access and high visibility from primary transportation routes. (a) Permitted Uses. (1) Primary Uses. (A) Educational Uses: Including but not limited to: Child Care Center; Child Care Ministry; Pre-School; Public Library; School -Commercial, Trade or Business. (B) Governmental Use: Including but not limited to: Governmental Offices; Post Office -without outdoor parking of delivery vehicles. (C) Industrial Use: Including but not limited to, Engineering Laboratories; Reseazch Laboratories; Testing Laboratories. (D) Miscellaneous: Including but not limited to: Artificial Lake; Clinic - Medical, Dental or Optometrists; Cemetery -with or without Crematory, Funeral Home, Mausoleum or Mortuary; Conference Center; Crematory; Funeral Home; Hospital; Hotel; Mortuary; Radio /Television Stations; Rehabilitation Center; Sanitarium; Video Production Studio. (E) Office /Professional Services: Including but not limited to, Architect; Artist; Bank Machines -Walk-up; Bank Machines -Drive-Through; Bank Machines -Free-Standing; Construction Companies (office only); Consultant; Contractors (office only); Corporate Headquarters (office only); Dentist; Design Services; Engineer; Financial Institution; Insurance Agent; Lawyer; Manufacturers Representative; Musician; Physician; Pharmacist; Photographic Studio; Professional Offices; Real Estate Office; Service Organization Office; Travel Agency. (F) Public Facilities: Including but not limited to, Museum; Neighborhood Recycling Collection Point; Parking Garage or Pazking Lot -when provided for permitted uses located within the same O District. Ord. No.: 9495-04 Section 21-03.03 O Office District (2) Special Exception Uses. (A) Food Sales and Service **: Including but not limited to: Bakery- Retail; Convenience Store; Dairy Bar -Retail; Delicatessen; Ice Cream Store - Retail; Restaurant -Family; Yogurt Store -Retail. (B) Government Use: Including but not limited to: Fire Station; Police Station; Post Office -with outdoor parking of delivery vehicles. (C) Public Facilities: Including but not limited to: Heliports -Landing Pads and Stations for Helicopters (Helistop) including facilities for maintenance of helicopters and accessory uses; Public or Private, Park Active or Passive. (D) Recreation: Including but not limited to: Country Club; Fairgrounds; Golf Course; Golf Driving Range; Swimming Pool -private or public. (E) Residential: Including but not limited to: Dwelling Project, Multifamily (see Section 21-03.03 (b) (14) for applicable development standards); Dwellings, Multifamily (apartment, townhouse or row house type projects located along a block face -see Section 21-03.03 (b) (15) for applicable development standards); Dwelling Unit -upper level; Convalescent Home; Family Care Home; Group Home; Nursing Home; Rest Home. (F) Retail **: Including but not limited to: Apparel Shop; Art Gallery; Arts and Craft Store; Book Store; Camera Store; Card Shop; Computer Store; Flower Shop; Frame Shop; Gift Shop; Jewelry Store; Newsdealer; Shoe Store; Stationery Store. ** -Provided, however, any Food Sales & Service or Retail use authorized by Special Exception shall not exceed twenty-five percent (25%) of the gross floor area of any building in which such uses are located. (1) Accessory Uses -See Section 21-03.11 (a) -Accessory Uses, Buildings and Structures. (2) Temporary Uses -See Section 21-03.11 (b) -Temporary Uses, Buildings and Structures. (3) Home Occupations -See Section 21-03.11 (c) -Home Occupations. Ord. No.: 9495-04 Section 21-03.03 O Office District (b) Development Standards. (1) Minimum Lot Width and Frontage -each lot or integrated center shall have a minimum lot width and frontage on a public street of 35 feet. (2) Yards and Building Setbacks (A) Front - a front yard and building setback measured from the greater of the proposed right-of--way or existing right-of--way shall be provided as follows: Limited Access Highway: 50' All other Streets: 25' (B) Minimum Side Yard and Setback: i. Minimum Side Yard: a. Lots less than sixty (60) feet in width -five (5) feet; or, b. Lots sixty (60) feet or more in width -eight (8) feet. ii. Minimum Side Residential Bufferyard -eight (8) feet (C) Minimum Rear Yard and Setback: i. Minimum Rear Yard -fifteen (15) feet ii. Minimum Rear Residential Bufferyard -fifteen (15) feet (D) Minimum Yards for Out Lots: i. Out Lots Along AStreet -Out lots within an integrated center shall provide a minimum yard of five (5) feet along all lot lines in common with other out lots or ten (10) feet along all lot lines in common with the main portion of the integrated center. ii. Perimeter Out Lots - If any portion of an out lot abuts the perimeter of the integrated center, that portion of the out lot shall be required to comply with the applicable minimum front, side or rear yard requirements set forth above. Ord. No.: 9495-04 Section 21-03.03 O Office District iii. Interior Out Lots -Out lots which are located on the interior of an integrated center (i.e., out lots which are not located along, oriented toward or primarily visible from a perimeter street) shall not be required to provide any minimum yard. iv. Integrated Center -The main portion of the integrated center shall not be required to provide a minimum yard along the lot line in common with any out lot. (3) Use of Minimum Yards and Residential Bufferyards All minimum yards and residential bufferyards shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in Section 21- 07.01-Landscape Requirements of this Ordinance and shall remain free from structures except where expressly permitted below: (A) Minimum front yards i. along limited access highways -may include: parking areas, loading areas, interior access drives, or interior access driveways, provided that no portion of such area maybe located closer to the right-of--way than fifteen (15) feet; or, signs as regulated by Section 21-07.03 -Sign Regulations of this Ordinance, and shall be otherwise maintained as open space free from buildings or structures; ii. along all other streets -may include: parking areas, provided that no portion of the parking area maybe located closer to the right- of-way than fifteen (15) feet; driveways; or signs as regulated by Section 21-07.03 -Sign Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures. (B) Minimum Front Residential Bufferyards -may include: driveways; or, signs as regulated by Section 21-07.03 -Sign Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures; (C) Minimum Side Yards and Rear Yards -minimum side and rear yards may include: parking areas; interior access drives; interior access driveways; walkways; or, pedestrian ways connecting to adjoining lots or developments, provided that the remainder of said yards shall be maintained as open space free from buildings or structures; Ord. No.: 9495-04 Section 21-03.03 O Office District (D) Minimum Side Residential Bufferyards and Rear Residential Bufferyards - shall be maintained as open space free from buildings or structures. (4) Maximum building height -fifty (50) feet; not to exceed four (4) stories. (5) Maximum Gross Floor Area -Unlimited. (6) Landscaping -See Section 21-07.01- Landscape Regulations. (7) Lighting -See Section 21-07.02 -Lighting Regulations. (8) Signs -See Section 21-07.03 -Sign Re lations. (9) Parking -See Section 21-07.04 -Off-Street Parking Regulations. (10) Loading -See Section 21-07.05 -Off-Street Loading_Regulations. (11) Greenway Connection Required - If the lot abuts any portion of a greenway, a direct linkage from the project to such greenway shall be provided. (12) Outdoor Operations -All uses and operations (except off-street parking, o, fj=street loading and delivery and walk-up customer service windows) shall be conducted completely within enclosed buildings, except where expressly permitted below: (A) Outdoor seating for restaurants: i. shall not be located between a building line and a residential bufferyard; ii. shall not be located in any required yard or any street right-of - way; iii. shall be located adjacent to the business' tenant bay or storefront; iv. shall be included in the calculation of required foundation landscaping area and any applicable building foundation landscaping area and associated plant unit value shall be extended or relocated around the perimeter of the outdoor seating area; v. shall not exceed 10% of the gross floor area of the restaurant; and, vi. shall not block an entrance or exit to or from the business or building. Ord. No.: 9495-04 Section 21-03.03 O Office District (B) Walk-up or drive through customer service windows or Automated Teller Machines (ATM's), provided that such facilities shall: i. be set flush with the facade of the building; ii. iffree-standing, abut the facade of the building or be located within a service unit island under adrive-through canopy attached to the building; and, iii. be located so as to not interfere or conflict with sidewalks, walkways, pedestrian ways, parking areas, loading areas, driveways, interior access drives, interior access driveways, perimeter landscape yards or foundation landscaping. (13) Architecture: (A) Additions to Existing Buildings: All additions to existing buildings shall utilize building materials that are compatible and harmonious with the materials used on the existing building. (B) Exterior Renovations, Major Additions and Accessory Buildings: Exterior renovations, major additions and accessory buildings to existing buildings or facilities are encouraged to comply with the provisions in sub-Section (C), below, for new construction, however, the minimum requirement for exterior renovations, major additions and accessory buildings shall be the same as in sub-Section (A), above, for additions to existing buildings. (C) New Construction: In order to create variation and interest in the built environment, all new primary buildings shall comply with one (1) of the following two (2) sets of azchitectural regulations regarding building material and architectural features on each facade visible from a public street: i. All brick (excluding window, display window, door, roofing, fascia and soffit materials), provided that the brick used on each applicable facade shall include: a. at least two (2) azchitectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, azchitraves, etc.); or, 6 Ord. No.: 9495-04 Section 21-03.03 O Office District b. at least two (2) colors of brick, with the secondary color constituting a minimum often (10) percent of the facade (excluding windows, display windows, doors, roofing, fascia or soffit materials); or, ii. Two (2) or more building materials (excluding window, display window, door and roofing materials), provided: a. Primary Building Material: The primary building material shall be either: brick; stone (limestone, granite, fieldstone, etc.); architectural pre-cast concrete, if the surface looks like brick or stone; or, exterior insulation and finish system (E.I.F.S.) or equivalent, and shall constitute a minimum of fifty (50) percent of each applicable facade. b. Secondary Building Material: The secondary building material shall constitute a minimum often (10) percent of the facade. Glass curtain wall or a faux window (not intended for use as a window or display window) may qualify as a secondary building material. c. Architectural Features: In addition, the exterior building material selection shall be supplemented with the use of multiple colors, textures (e.g., rough, smooth, striated, etc.) or architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.) on each facade visible from a public street. (14) Development Standards for Dwellings, Multifamily. Notwithstanding anything in this O District to the contrary, a multifamily dwelling project shall be subject to the applicable development standards of the MF2 District. (15) Development Standards for Dwellings, Multifamily Townhouse. Notwithstanding anything in this O District to the contrary, a multifamily dwellings (apartment, townhouse or row house type projects) located along a block face shall be subject to the applicable development standards of the MF1 District. Ord. No.: 9495-04 Section 21-03.04 LB Local Business District Section 21-03.04 LB Local Business District. Intent -The LB District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the LB Districts are regulated in character to assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. (a) Permitted Uses. (1) Primacy Uses. (A) Clothing Service: Including but not limited to: Costume Rental; Dressmaking; Dry Cleaning and Laundry Establishment; Millinery (Fabric) Shop; Self-service Laundry; Shoe Repair Shop; Tailor and Pressing Shop; Tuxedo Rental. (B) Educational Uses: Including but not limited to: Child Care Center; Child Care Ministry; Public Library. (C) Food Sales and Service: Including but not limited to: Bakery -Retail; Bar *; Cabaret - 21 and Over *; Cabaret -Family; Convenience Store; Dairy Bar -Retail; Delicatessen; Grocery; Ice Cream Store -Retail; Nightclub *; Restaurant -Fast food (without drive in or drive through); Restaurant -Family; Restaurant -Family, with Lounge; Tavern *; Yogurt Store -Retail. (D) Governmental Use: Including but not limited to: Governmental Offices; Post Office -without outdoor parking of delivery vehicles. (E) Miscellaneous: Including but not limited to: Bed & Breakfast; Clinic (medical, dental or optometrists); Mortuary, Funeral Home or Crematory; Print Shop; Veterinary Hospital (without boarding). (F) Office /Professional Services: Including but not limited to: Architect; Artist; Bank Machines (ATM's) -Walk-up; Bank Machines (ATM's) - Drive Through; Bank Machines (ATM's) -Free Standing; Construction Companies (office only); Consultant; Contractors (office only); Dentist; Design Services; Engineer; Financial Institution; Insurance Agent; Lawyer; Musician; Physician; Pharmacist; Photographic Studio; Professional Offices; Real Estate Office; Travel Agency. (G) Personal Service: Including but not limited to: Barber Shop; Beauty Shop; Health Spa or Fitness Center; Locksmith; Tanning Salon. Ord. No.: 9495-04 Section 21-03.04 LB Local Business District (H) Public Facilities: Including but not limited to: Community Center; Funeral Home; Mortuary; Neighborhood Recycling Collection Point; Public or Private Park -Passive; Religious Use. (I) Recreation: Including but not limited to: Aerobics Studio; Dance Studio. (J) Residential: Including but not limited to: Convalescent Home; Nursing Home; Rest Home. (K) Retail: Including but not limited to: Antique Shop; .Apparel Shop; Art Gallery; Arts and Craft Store; Bicycle Sales and Service; Camera Store; Card Shop; Clock Shop; Coin and Stamp Shop; Computer Store; Drug Store; .Fabric Store; Floor Coverings; Flower Shop; Frame Shop; Gift Shop; Hardware Store; Hobby Shop; Toy or Game Shop; Jewelry Store; Liquor Store; Music Store; Newsdealer; Paint Store; Pawnshop *; Pet Store; Radio, TV, Music Sales and Service; Retail Showroom; Shoe Store; Sporting Goods; Stationery and Book Store; Tobacco Store; Variety Store; Video Store; Wall Coverings. * =Controlled Use. See Section 21-08.02 - S ecial Re lations for Controlled Uses for additional requirements. (2) Special Exception Uses. (A) Automotive Uses: Including but not limited to: Automobile Parts Sales (new); Automobile Quick Oil Change Facility; Car Wash (automatic or self); Gasoline Service Station (without repair); Tire and Auto Service Center. (B) Food Sales and Service: Including but not limited to: Manufacturing Retailers; Restaurant -Drive In; Restaurant -Drive Through. (C) Government Use: Including but not limited to: Fire Station; Municipal / State Road Maintenance Facility; Police Station. (D) Miscellaneous: Including but not limited to: Hotel; Motel. (E) Personal Service: Including but not limited to: Tattoo, Body Piercing, Scarifying and Branding Establishments *. (F) Public Facilities: Including but not limited to: Cemetery -with or without Crematory, Funeral Home, Mausoleum or Mortuary; Public or Private Park -Active. Ord. No.: 9495-04 Section 21-03.04 LB Local Business District (G) Recreation: Including but not limited to: Arcade; Banquet Hall; Billiard Hall *; Country Club; Fairgrounds; Fraternal Organization; Golf Course; Golf Driving Range; Lodge; Private Club; Public Dance Hall *; Social Club; Swimming Pool -private or public. (H) Utilities: Including but not limited to: Electricity Relay Station; Public Utility Substation; Pumping Stations; Water Towers. * =Controlled Use. See Section 21-08.02 -Special Regulations for Controlled Uses for additional requirements. (3) Accessory Uses -See Section 21-03.11 (a) -Accessory Uses, Buildings and Structures. (4) Temporary Uses -See Section 21-03.11 (b) -Temporary Uses, Buildings and Structures. (b) Development Standards. (1) Minimum Lot Width and Frontage -each lot or integrated center shall have a minimum lot width and frontage on a public street of 50 feet. (2) Minimum Yards and Building Setbacks (A) Front - a minimum front yard and minimum building setback measured from the greater of the proposed right-of--way or existing right-of--way shall be provided as follows: Limited Access Highway: 50' All Other Streets: 30' (B) Minimum Side Yard and Setback - shall be provided from the lot line as follows: i. Minimum Side Yard -ten (10) feet. ii. Minimum Side Residential Bufferyard -twenty (20) feet. (C) Minimum Rear Yard and Setback - shall be provided from the lot line as follows: i. Minimum Rear Yard -ten (10) feet. ii. Minimum Rear Residential Bufferyard -twenty (20) feet. 3 Ord. No.: 9495-04 Section 21-03.04 LB Local Business District (D) Minimum Yards for Out Lots: Out Lots Along AStreet -Out lots within an integrated center shall provide a minimum yard of five (5) feet along all lot lines in common with other out lots or ten (10) feet along all lot lines in common with the main portion of the integrated center. ii. Perimeter Out Lots - If any portion of an out lot abuts the perimeter of the integrated center, that portion of the out lot shall be required to comply with the applicable minimum front, side or rear yard requirements set forth above. iii. Interior Out Lots -Out lots which are located on the interior of an integrated center (i.e., out lots which are not located along, oriented toward or primarily visible from a perimeter street) shall not be required to provide any minimum yard. iv. Integrated Center -The main portion of the integrated center shall not be required to provide a minimum yard along the lot line in common with any out lot. (3) Use of Minimum Yards and Residential Bufferyards Use of Minimum Yards and Residential Bufferyards - all minimum yards and residential bufferyards shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in Section 21-07.01-Landscape Regulations of this Ordinance and shall remain free from structures except where expressly permitted below: (A) Minimum Front Yards - i. along limited access highways -may include: parking areas, loading areas, interior access drives, interior access driveways or gasoline sales areas, provided that no portion of such area maybe located closer to the right-of--way than fifteen (15) feet; or, signs as regulated by Section 21-07.03 -Sign Regulations of this Ordinance, and shall be otherwise maintained as open space free from buildings or structures; ii, along all other streets -may include: parking areas, interior access drives, interior access driveways or gasoline sales areas, provided that no portion of such areas maybe located closer to the right-of--way than fifteen (15) feet; driveways; or, signs as regulated by Section 21-07.03 -Sign Regulations of this 4 Ord. No.: 9495-04 Section 21-03.04 LB Local Business District Ordinance, and shall otherwise be maintained as open space free from buildings or structures; (B) Minimum Front Residential Bufferyards -may include: driveways; or, signs as regulated by Section 21-07.03 -Sign Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures; (C) Minimum Side and Rear Yards -minimum side and rear yards may include: interior access driveways; walkways; or, pedestrian ways, connecting to adjoining lots or developments provided that the remainder of said yards shall be maintained as open space free from buildings or structures; (D) Minimum Side and Rear Residential Bufferyards -minimum side and rear residential bufferyards may include interior access driveways connecting to adjoining lots or developments provided that the remainder of said residential bufferyards shall be maintained as open space free from buildings or structures. (4) Maximum Building Height -thirty-five (35) feet. (5) Maximum Gross Floor Area: (A) No single use or free-standing out lot use shall exceed sixteen thousand (16,000) squaze feet in gross floor area; (B) No individual and sepazately operated use in a multi-tenant building in an integrated center shall exceed sixty thousand (60,000) square feet ofgross floor area; and, (C) No integrated center shall exceed eighty thousand (80,000) square feet of total gross floor area. (6) Landscaping -See Section 21-07.01 -Landscape Regulations. (7) Lighting -See Section 21-07.02 - Li ting Regulations. (8) Signs -See Section 21-07.03 -Sign Regulations. (9) Parking -See Section 21-07.04 -Off-Street Pazking Regulations. (10) Loading -See Section 21-07.05 -Off-Street Loadin Re lations. (11) Greenway Connection Required - If the lot abuts any portion of a greenway, a direct linkage from the project to such greenway shall be provided. Ord. No.: 9495-04 Section 21-03.04 LB Local Business District (12) Outdoor Operations -All uses and operations (except off-street parking, off-street loading and delivery, walk-up customer service windows and drive-through customer service windows) shall be conducted completely within enclosed buildings, except where expressly permitted below: (A) Outdoor seating for restaurants: i. shall not be located between a building line and a residential bufferyard; ii. shall not be located in any required yard or any street right-of--way; iii. shall be located adjacent to the business' tenant bay or storefront facade; iv. shall be included in the calculation of required foundation landscaping area and any applicable building foundation landscaping area and associated foundation landscaping shall be extended or relocated around the perimeter of the outdoor seating area; v. shall not exceed ten percent (10%) of the gross floor area of the restaurant; and, vi. shall not block an entrance or exit to or from the business or building. (B) Outdoor Display or Sales of Merchandise: i. shall be accessory to the primary use; ii. shall not exceed ten percent (10%) of the gross floor area of each non-related and separately operated use; iii. shall not be located in a required yard or required residential bufferyard; and, iv. shall not be located so as to interfere or conflict with sidewalks, walkways, pedestrian ways, entrances or exits to or from the business or building, required parking areas, required loading areas, driveways, interior access drives, interior access driveways, perimeter landscape yards or foundation plantings. Ord. No.: 9495-04 Section 21-03.04 LB Local Business District (C) Gasoline Pumps -provided that no outdoor operations other than the dispensing or installation of gasoline, oil, antifreeze and other similar products and the performance of minor services for customers as related to said dispensing or installation are conducted on the site. (D) Walk-up or drive through customer service windows or Automated Teller Machines (ATM's), provided that such facilities shall: i. be set flush with the facade of the building; ii. iffree-standing, abut the facade of the building or be located within a service unit island under adrive-through canopy attached to the building; and, iii. be located so as to not interfere or conflict with sidewalks, pedestrian ways, entrances or exits to or from the business or building, parking areas, loading areas, driveways, interior access drives, interior access driveways, perimeter landscape yards or foundation landscaping. (13) Architecture: (A) Additions to Existing Buildings: All additions to existing buildings shall utilize building materials that are compatible and harmonious with the materials used on the existing building. (B) Exterior Renovations, Major Additions and Accessory Buildings: Exterior renovations, major additions and accessory buildings to existing buildings or facilities are encouraged to comply with the provisions in sub-Section (C), below, for new construction, however, the minimum requirement for exterior renovations, major additions and accessory buildings shall be the same as in sub-Section (A), above, for additions to existing buildings. (C) New Construction: In order to create variation and interest in the built environment, all new primary buildings shall comply with one (1) of the following two (2) sets of architectural regulations regarding building material and architectural features on each facade visible from a public street: i. All brick (excluding window, display window, door, roofing, fascia and soffit materials), provided that the brick used on each applicable facade shall include: Ord. No.: 9495-04 Section 21-03.04 LB Local Business District a. at least two (2) architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.); or, b. at least two (2) colors of brick, with the secondary color constituting a minimum often (10) percent of the facade (excluding windows, display windows, doors, roofing, fascia or soffit materials); or, ii. Two (2) or more building materials (excluding window, display window, door and roofing materials), provided: a. Primary Building Material: The primary building material shall be either: brick; stone (limestone, granite, fieldstone, etc.); architectural pre-cast concrete, if the surface looks like brick or stone; or, exterior insulation and finish system (E.I.F.S.) or equivalent, and shall constitute a minimum of fifty (50) percent of each applicable facade. b. Secondary Building Material: The secondary building material shall constitute a minimum often (10) percent of the facade. Glass curtain wall or a faux window (not intended for use as a window or display window) may qualify as a secondary building material. c. Architectural Features: In addition, the exterior building material selection shall be supplemented with the use of multiple colors, textures (e.g., rough, smooth, striated, etc.) or architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.) on each facade visible from a public street. 8 Ord. No.: 9495-04 Section 21-03.05 CB Community Business District Section 21-03.05 CB Community Business District Intent -The CB -Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Developments within the CB District shall be coordinated to facilitate vehicular and pedestrian access from nearby residential districts. (a) Permitted Uses. (1) Primary Uses. (A) Automotive Uses: Including but not limited to: Automobile Repair - major; Automobile Repair -minor; Automobile Parts Sales (new); Automobile Quick Oil Change Facility; Car Wash (automatic or self); Gasoline Service Station with minor repair (not to exceed two (2) accessory indoor service bays); Gasoline Service Station without repair; Muffler Shop; Painting and Customizing; Tire and Auto Service Center. (B) Clothing Service: Including but not limited to: Costume Rental; Dressmaking; Dry Cleaning and Laundry Establishment; Millinery (Fabric) Shop; Self-service Laundry; Shoe Repair Shop; Tailor and Pressing Shop; Tuxedo Rental. (C) Educational Uses: Including but not limited to: School -Commercial, Trade or Business. (D) Food Sales and Service: Including but not limited to: Bakery -Retail; Bar * (without entertainment or dancing); Cabaret - 21 and Over *; Cabaret -Family; Convenience Store; Dairy Bar -Retail; Delicatessen; Farmers Market; Grocery; Ice Cream Store -Retail; Nightclub *; Meat Market; Restaurant -Drive In; Restaurant -Drive Through; Restaurant -Family; Restaurant -Family with Lounge; Restaurant -Fast food; Tavern * (without entertainment or dancing); Yogurt Store -Retail. (E) Governmental Use: Including but not limited to: Fire Station; Governmental Offices; Municipal /State Road Maintenance Facility; Police Station; Post Office -with or without outdoor parking of delivery vehicles. Ord. No.: 9495-04 Section 21-03.05 CB Community Business District (F) Miscellaneous: Including but not limited to: Agriculture Seed Sales; Artificial Lake; Bed & Breakfast; Bus Station; Clinic -medical, dental or optometrists; Conference Center; Electrical /Electronics Repair; Hospital; Hotel; Kennel (without outdoor runs); Print Shop; Publishing; Sign Painting; Radio /Television Stations (without transmission towers); Rehabilitation Center; Sanitarium; Veterinary Hospital (may include boarding /without outdoor runs). (G) Office /Professional Services: Including but not limited to: Architect; Artist; Bank Machines (ATM's) -Walk-up; Bank Machines (ATM's) - Drive Through; Bank Machines (ATM's) -Free Standing; Consultant; Contractors; Dentist; Design Services; Engineer; Financial Institution; Insurance Agent; Lawyer; Musician; Physician; Pharmacist; Photographic Studio; Professional Offices; Real Estate ;Office; Travel Agency. (H) Personal Service: Including but not limited to: Barber Shop; Beauty Shop; Health Spa or Fitness Center; Locksmith; Tanning Salon. (I) Public Facilities: Including but not limited to: Community Center; Crematory; Funeral Home; Mortuary; Museum; Neighborhood Recycling Collection Point; Parking Garage; Parking Lot -Commercial; Religious Use. (J) Recreation: Any indoor recreation facility including but not limited to: Aerobics Studio; Amusement Arcade *; Bait Sales; Banquet Hall; Billiard Hall *; Bowling Alley; Dance Studio; Miniature Golf- indoor; Public Dance Hall *; Skating Rink (ice or roller) -indoor; Social Hall; Tennis /Racquet Club -indoor; Theater -indoor. (K) Retail: Including but not limited to: Antique Shop; Apparel Shop; Appliance Store; Art Gallery; Arts and Craft Store; Bicycle Sales and Service; Camera Store; Card Shop; Clock Shop; Coin and Stamp Shop; Computer Store; Department Store; Drug Store; Fabric Store; Floor Coverings; Flower Shop; Frame Shop; Furniture Store; Garden Supply; Gift Shop; Hardware Store; Hobby, Toy or Game Shop; Home Improvement Store; Jewelry Store; Liquor Store; Lumber Yard; Music Store; Newsdealer; Paint Store; Pawnshop *; Pet Store; Radio, TV, Music Sales and Service; Retail Showroom; Satellite Dish Sales and Service (indoor display); Shoe Store; Sporting Goods; Stationery and Book Store; Tobacco Store; Variety Store; Video Store; Wall Coverings. * =Controlled Use. See Section 21-08.02 -Special Regulations for Controlled Uses for additional requirements. 2 Ord. No.: 9495-04 Section 21-03.05 CB Community Business District (2) Special Exception Uses. (A) Automotive Uses: Including but not limited to: Automobile Sales & Service. (B) Miscellaneous: Including but not limited to: Casinos, Approved Hotels and other areas where gambling games are conducted *; Kennels (with outdoor runs); Motel; Off-Track Pari-mutuel Wagering Facility *; Radio / Television Stations (with transmission towers). (C) Personal Service: Including but not limited to: Tattoo, Body Piercing, Scarifying and Branding Establishments *. (D) Public Facilities: Including but not limited to: Cemetery -with or without Crematory, Funeral Home, Mausoleum or Mortuary; Public or Private Park Active or Passive; Recycling Facility. (E) Recreation: Any outdoor recreation facility including but not limited to: Arcade; Country Club; Fairgrounds; Golf Course; Golf Driving Range; Miniature Golf -outdoor; Skate Board Park; Skating Rink (ice or roller) -outdoor; Tennis /Racquet Club -outdoor; Theater -outdoor; Swimming Pool -private or public. (F) Residential: Including but not limited to: Convalescent Home; Nursing Home; Rest Home. (G) Retail: Including but not limited to: Gun Shop and Gunsmith Shop *; Satellite Dish Sales and Service (outdoor display). (H) Utilities: Including but not limited to: Electricity Relay Station; Public Utility Substation; Pumping Stations; Water Towers. * =Controlled Use. See Section 21-08.02 -Special Regulations for Controlled Uses for additional requirements. (3) Accessory Uses -See Section 21-03.11, (a). -Accessory Uses, Buildings and Structures. (4) Temporary Uses -See Section 21-03.11, (b) -Temporary Uses, Buildings and Structures. 3 Ord. No.: 9495-04 Section 21-03.05 CB Community Business District (b) Development Standards. (1) Minimum Lot Width and Frontage -each lot or integrated center shall have a minimum lot width and frontage on a public street of 50 feet. (2) Minimum Yards and Building Setbacks (A) Front - a minimum front yard and minimum building setback measured from the greater of the proposed right-of--way or existing right-of--way shall be provided as follows: Limited Access Highway: 50' All Other Streets: 30' (B) Minimum Side Yard and Setback - shall be provided from the lot line as follows: i. Minimum Side Yard -ten (10) feet ii. Minimum Side Residential Bufferyard -twenty (20) feet (C) Minimum Rear Yard and Setback -shall be provided from the lot line as follows: i. Minimum Rear Yard -ten (10) feet ii. Minimum Rear Residential Bufferyard -twenty (20) feet (D) Minimum Yards for Out Lots: i. Out Lots Along AStreet -Out lots within an integrated center shall provide a minimum yard of five (5) feet along all lot lines in common with other out lots or ten (10) feet along all lot lines in common with the main portion of the integrated center. ii. Perimeter Out Lots - If any portion of an out lot abuts the perimeter of the integrated center, that portion of the out lot shall be required to comply with the applicable minimum front, side or rear yard requirements set forth above. iii. Interior Out Lots -Out lots which are located on the interior of an integrated center (i.e., out lots which are not located along, oriented toward or primarily visible from a perimeter street) shall not be required to provide any minimum yard. 4 Ord. No.: 9495-04 Section 21-03.05 CB Community Business District iv. Integrated Center -The main portion of the integrated center shall not be required to provide a minimum yard along the lot line in common with any out lot. (3) Use of Minimum Yards and Residential Bufferyards Use of Minimum Yards and Residential Bufferyards - all minimum yards and residential bufferyards shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in Section 21-07.01- Landscape Regulations of this Ordinance and shall remain free from structures except where expressly permitted below: (A) Minimum Front Yards - i. along limited access highways -may include: parking areas, loading areas, interior access drives, interior access driveways, or gasoline sales areas, provided that no portion of such area maybe located closer to the right-of--way than fifteen (15) feet; or, signs as regulated by Section 21-07.03 - Signn Regulations of this Ordinance, and shall be otherwise maintained as open space free from buildings or structures; ii. along all other streets -may include: parking areas, or gasoline sales areas, provided that no portion of such areas maybe located closer to the right-of--way than fifteen (15) feet; driveways; or, signs as regulated by Section 21-07.03 -Sign Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures; (B) Minimum Front Residential Bufferyards -may include: driveways; or, signs as regulated by Section 21-07.03 - Si,en Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures; (C) Minimum Side and Rear Yards -minimum side yards and minimum rear yards may include: parking areas; interior access drives; interior access driveways; walkways; or, pedestrian ways connecting to adjoining lots or developments, provided that the remainder of said yards shall be maintained as open space free from buildings or structures; (D) Minimum Side and Rear Residential Bufferyards -shall be maintained as open space free from buildings or structures. (4) Maximum Height -All buildings or structures (including transmission towers) fifty (50) feet. Ord. No.: 9495-04 Section 21-03.05 CB Community Business District (5) Landscaping -See Section 21-07.01-Landscape Regulations. (6) Lighting -See Section 21-07.02 - Li ting Regulations. (7) Signs -See Section 21-07.03 - Sidi Regulations. (8) Parking -See Section 21-07.04 -Off-Street Parking_Regulations. (9) Loading -See Section 21-07.05 -Off-Street Loading Regulations. (10) Greenway Connection Required - If the lot abuts any portion of a greenway, a direct linkage from the project to such greenway shall be provided. (11) Outdoor Operations -All uses and operations (except off-street parking, off-street loading and delivery, walk-up customer service windows and drive-through customer service windows) shall be conducted completely within enclosed buildings, except where expressly permitted below: (A) Outdoor seating for restaurants: i. shall not be located between a building line and a residential bufferyard; ii. shall not be located in any required yard or any street right-of--way; iii. shall be located adjacent to the business' tenant bay or storefront; iv. shall be included in the calculation of required foundation landscaping area and any applicable building foundation landscaping area and associated foundation landscaping shall be extended or relocated around the perimeter of the outdoor seating area; v. shall not exceed 10% of the gross floor area of the restaurant; vi. shall not block an entrance or exit to or from the business or building; and, vii. shall be located so as to not interfere or conflict with sidewalks, walkways, pedestrian ways, required parking areas, required loading areas, driveways, interior access drives, interior access driveways, perimeter landscape yards or foundation landscaping. Ord. No.: 9495-04 Section 21-03.05 CB Community Business District (B) (C) Vending machines: shall abut the exterior wall of the building ;and, ii. shall not be located in a required yard or required residential bufferyard. Outdoor Display or Sales of Merchandise: i. shall be accessory to the primary use; ii. shall not exceed the lesser of: 10% of the gross floor area; or, 20,000 square feet, for each non-related and separately operated use; iii. shall not be located in a required yard or required residential bufferyard; iv. shall not be located between the front facade of the primary building and the front lot line, provided however, automobile sales uses may display vehicles at any location on the lot authorized for the location ofoff-street parking areas; and, Rear Lot Line a~ J O J in Primary Building Facade Area between front facade of the primary building and the front lot line a~ J y O J m Front Lot Line v. shall be located so as to not interfere or conflict with sidewalks, walkways, pedestrian ways, entrances or exits to or from the business or building, required parking areas, required loading areas, driveways, interior access drives, interior access driveways, perimeter landscape yards or foundation landscaping. Ord. No.: 9495-04 Section 21-03.05 CB Community Business District (D) Gasoline Pumps -provided that no outdoor operations other than the dispensing or installation of gasoline, oil, antifreeze and other similar products and the performance of minor services for customers as related to said dispensing or installation are conducted on the site. (E) Walk-up or drive through customer service windows or Automated Teller Machines (ATM's), provided that such facilities shall be located so as to not interfere or conflict with sidewalks, walkways, pedestrian ways, entrances or exits to or from the business or building, parking areas, loading areas, driveways, interior access drives, interior access driveways, perimeter landscape yards or foundation landscaping. (12) Architecture: (A) Additions to Existing Buildings: All additions to existing buildings shall utilize building materials that are compatible and harmonious with the materials used on the existing building. (B) Exterior Renovations, Major Additions and Accessory Buildings: Exterior renovations, major additions and accessory buildings to existing buildings or facilities are encouraged to comply with the provisions in sub-Section (C), below, for new construction, however, the minimum requirement for exterior renovations, major additions and accessory buildings shall be the same as in sub-Section (A), above, for additions to existing buildings. (C) New Construction: In order to create variation and interest in the built environment, all new primary buildings shall comply with one (1) of the following two (2) sets of architectural regulations regarding building material and architectural features on each facade visible from a public street: All brick (excluding window, display window, door, roofing, fascia and soffit materials), provided that the brick used on each applicable facade shall include: a. at least two (2) architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.); or, b. at least two (2) colors of brick, with the secondary color constituting a minimum often (10) percent of the facade (excluding windows, display windows, doors, roofing, fascia or soffit materials); or, 8 Ord. No.: 9495-04 Section 21-03.05 CB Community Business District ii. Two (2) or more building materials (excluding window, display window, door and roofing materials), provided: a. Primary Building Material: The primary building material shall be either: brick; stone (limestone, granite, fieldstone, etc.); architectural pre-cast concrete, if the surface looks like brick or stone; or, exterior insulation and finish system (E.I.F.S.) or equivalent, and shall constitute a minimum of fifty (50) percent of each applicable facade. b. Secondary Building Material: The secondary building material shall constitute a minimum often (10) percent of the facade. Glass curtain wall or a faux window (not intended for use as a window or display window) may qualify as a secondary building material. c. Architectural Features: In addition, the exterior building material selection shall be supplemented with the use of multiple colors, textures (e.g., rough, smooth, striated, etc.) or architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.) on each facade visible from a public street. 9 Ord. No.: 9495-04 Section 21-03.06 CBD Central Business District Section 21-03.06 CBD Central Business District. Intent -The CBD Central Business District is established to promote the development of the downtown region of the City of South Bend as a center for trade, finance, government, high density residential and entertainment districts within St. Joseph County and north central Indiana. The regulations of this district are intended to encourage high density, mid-rise and high rise developments which may include a mixture of compatible urban uses. The development standards in this district, while designed to provide for high density development, also encourage a pedestrian friendly environment supportive of urban residential developments, retail, restaurant, theater and similar business and cultural uses associated with major metropolitan areas. (a) Permitted Uses. (1) Primary Uses. (A) Clothing Service: Including but not limited to: Costume Rental; Dressmaking; Dry Cleaning and Laundry Establishment; Millinery (Fabric) Shop; Self-service Laundry; Shoe Repair Shop; Tailor and Pressing Shop; Tuxedo Rental. (B) Educational Uses: Including but not limited to: Child Care Center; Child Care Ministry; Cottage School; Public Library; School -Commercial, Trade or Business. (C) Food Sales and Service: Including but not limited to: Bakery -Retail; Bar *; Cabaret - 21 and Over *; Cabaret -Family; Convenience Store; Dairy Bar -Retail; Delicatessen; Farmers Market; Grocery; Ice Cream Store -Retail; Nightclub *; Restaurant -Fast Food; Restaurant - Family; Restaurant -Family with Lounge; Tavern *; Yogurt Store - Retail. (D) Governmental Use: Including but not limited to: Governmental Offices; Post Office -without outdoor parking of delivery vehicles. (E) Miscellaneous: Including but not limited to: Bed & Breakfast; Bus Station; Clinic (medical, dental or optometrists); Conference Center; Cottage Business /Residential; Electrical /Electronics Repair; Hospital; Hotel; Laboratories; Print Shop; Publishing; Radio / TV Stations (provided any antenna shall comply with the regulations for Communication /Utilities); Video Production Studios. Ord. No.: 9495-04 Section 21-03.06 CBD Central Business District (F) Office I Professional Services: Including but not limited to: Architect; Artist; Bank Machines -Walk-up; Construction Companies (office only); Consultant; Contractors (office only); Dentist; Design Services; Engineer; Financial Institution; Insurance Agent; Lawyer; Musician; Physician; Pharmacist; Photographic Studio; Professional Offices; Real Estate Office; Travel Agency. (G) Personal Service: Including but not limited to: Barber Shop; Beauty Shop; Health Spa; Fitness Center. (H) Public Facilities: Including but not limited to: Community Center; Funeral Home; Mortuary; Museum; Public or Private Park -Active or Passive; Religious Use; Commercial Parking Lot; Parking Garage. (I) Recreation: Including but not limited to: Aerobics Studio; Amusement Arcade *; Banquet Hall; Billiard Hall *; Dance Studio; Public Dance Hall *; Social Hall; Theater -indoor. (J) Residential - In CBD Districts Located West of the St. Joseph River: Including but not limited to: Dwelling Units -limited to (i) floors above the first floor or (ii) ground floor of the building if located behind another ground floor, non-residential permitted use; Convalescent Home; Nursing Home; Rest Home. (K) Residential - In CBD Districts Located East of the St. Joseph River: Including but not limited to: Multifamily dwellings; Dwelling Units - limited to floors above the first or ground floor of the building; Convalescent Home; Nursing Home; Rest Home. (L) Retail: Including but not limited to: Antique Shop; Apparel Shop; Art Gallery; Arts and Craft Store; Bicycle Sales and Service; Camera Store; Card Shop; Clock Shop; Coin and Stamp Shop; Computer Store; Drug Store; Flower Shop; Frame Shop; Gift Shop; Hobby Shop; Toy or Game Shop; Jewelry Store; Liquor Store; Music Store; Newsdealer; Pawnshop *; Shoe Store; Stationery and Book Store; Tobacco Store; Video Store. (M) Utilities: Including but not limited to: Roof-top Antenna. * =Controlled Use. See Section 21-08.02 -Special Regulations for Controlled Uses for additional requirements. Ord. No.: 9495-04 Section 21-03.06 CBD Central Business District (2) Special Exception Uses. (A) Automotive Uses: Including but not limited to: Automobile Repair - major; Automobile Repair -minor; Automobile Parts Sales (new); Automobile Sales & Service; Automobile Quick Oil Change Facility; Gasoline Service Station with minor repair (not to exceed two (2) accessory indoor service bays); Gasoline Service Station without repair; Tire and Auto Service Center. (B) Food Sales & Service: Including but not limited to: Manufacturing Retailers; Restaurant -Drive In; Restaurant -Drive Through. (C} Governmental Use: Including but not limited to: Post Office -with outdoor parking of delivery vehicles. (D) Miscellaneous: Including but not limited to: Casinos, Approved Hotels and other areas where gambling games are conducted *; Off-Tract Pari- mutuel Wagering Facility *. (E) Office /Professional Services: Including but not limited to: Financial Institution with drive-up ordrive-through facilities. (F) Personal Service: Including but not limited to: Tattoo, Body Piercing, Scarifying and Branding Establishments *. (G) Recreation: Including but not limited to: Stadium; Arena. (H) Residential (in CBD Districts located west of the St. Joseph River): Multifamily Dwellings. (1) Utilities: Including but not limited to: Electricity Relay Station; Public Utility Substation; Pumping Stations; Water Towers; Any Ground Mount Antenna Installation. * =Controlled Use. See Section 21-08.02 -Special Regulations for Controlled Uses for additional requirements. (3) Accessory Uses -See Section 21-03.11 (a) -Accessory Uses, Buildings and Structures. (4) Temporary Uses -See Section 21-03.11 (-b) - TemQorar~Uses, Buildings and Structures. (5) Home Occupations -See Section 21-03.11 (c) -Home Occupations. Ord. No.: 9495-04 Section 21-03.06 CBD Central Business District (b) Development Standards. (1) Minimum Lot Width and Frontage -each lot or integrated center shall have a minimum lot width and frontage on a public street of 30 feet. (2) Yards and Building Setbacks: (A) Front - a front yard and building setback measured from the greater of the proposed right-of--way or existing right-of--way shall be provided as follows: Minimum Maximum Limited Access Highway: 50' NA All Other Streets: 0' 15' Provided, however, on all streets except limited access highways, building placement shall be in compliance with the following regulations: i. For sites containing one building - in elevation view from the street frontage, at least fifty percent (50%) of the length of the facade of the building facing a street shall be located at or between the minimum setback and the maximum setback, ii. For sites containing multiple buildings - in elevation view from the street frontage, at least fifty percent (50%) of the visible facades of the buildings facing a street shall be located at or between the minimum setback and the maximum setback, and, iii. parking areas and interior access drives shall not be located in front of the maximum setback. (B) Minimum Side Yard and Setback -The minimum side yard and setback for all integrated centers and single use sites shall be as follows: i. Minimum Side Yard -zero (0) feet, provided, however, if a side yard is provided along a side lot line not abutting an alley, such setback shall not be less than five (5) feet. ii. Minimum Side Residential Bufferyard -twenty (20) feet Ord. No.: 9495-04 Section 21-03.06 CBD Central Business District (C) (D) Minimum Rear Yard and Setback -The minimum rear yard and setback for all integrated centers and single use sites shall be as follows: i. Minimum Rear Yard -zero (0) feet, however, if a rear yard is provided along a rear lot line not abutting an alley, such setback shall not be less than five (5) feet. ii. Minimum Rear Residential Bufferyard -twenty (20) feet Minimum Yards for Out Lots -All lots which are part of an integrated center shall be considered out lots. Out lots within an integrated center shall not be required to provide a minimum side yard or minimum rear yard along lot lines in common with other out lots. If any portion of an out lot abuts the perimeter of an integrated center, that portion of the out lot shall be required to comply with the applicable minimum front yard, minimum side yard or minimum rear yard requirements set forth above. (3) Use of Minimum Yards and Residential Bufferyards. All minimum yards and residential bufferyards, when required, shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in Section 21- 07.01-Landscape Regulations of this Ordinance and shall remain free from structures, except where expressly permitted below: Plaza Location and Street Frontage Landscaping Ord. No.: 9495-04 Section 21-03.06 CBD Central Business District (A) Minimum Front Yards - i. along limited access highways -may include: parking areas, loading areas, interior access drives, interior access driveways, or gasoline sales areas, provided that no portion of such area maybe located closer to the right-of--way than fifteen (15) feet; or, signs as regulated by Section 21-07.03 - Sign Regulations of this Ordinance, and shall be otherwise maintained as open space free from buildings or structures; ii. along all other streets, when a front yard is provided, such front yard may include: driveways; or, signs as regulated by Section 21-07.03 -Sign ReQUlations of this Ordinance, and shall otherwise be developed as plazas in compliance with the following requirements: a. shall be located adjacent to a building; b. shall be surfaced with concrete, brick or other form of hardsurface paver appropriate for the proposed development, except for those areas required for trees, foundation landscaping or planters; c. shall be planted with shade trees spaced twenty-five (25) feet on-center along the portion of the plaza perimeter which abuts the right-of--way of a public street. If trees exist on an abutting lot, the on-center spacing of the trees shall be measured from such existing trees; and, i ~ I ~~+0 I ~i si J I Plaza Parbnater Yard ([~j~ ~ Landscapkg ~1 lp~lY~1.4-~ `_~ ~Rlyhta4WryLkN ~ ~ ~ i ~Ide.ia0: I I ~ ~ ~ 8ldewdt ~ ~ i I I 4 I Curb s On~BtreetPart<trg Example of Tree Placement along Street Frontage 6 Ord. No.: 9495-04 Section 21-03.06 CBD Central Business District d. shall maintain surface areas at a slope of less than 3%, surface areas maybe stepped, where appropriate, as necessary to accommodate natural topography. (B) Minimum Front Residential Bufferyards -may include: driveways; or, signs as regulated by Section 21-07.03 -Sign Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures; (C) Minimum Side and Rear Yards - when a side yard or rear yard is provided, such side yard or rear yard may include driveways, interior access driveways, parking areas, loading areas, walkways or other pedestrian way connections to adjoining lots, provided that the remainder of said yards shall be maintained as opens space free from buildings or structures; (D) Minimum Side Residential Bufferyards and Rear Residential Bufferyards -may include walkways or other pedestrian way connections to adjoining residential areas provided that the remainder of said yards shall otherwise be maintained as open space free from buildings or structures. (4) Building Height. (A) CBD Districts Located West of the St. Joseph River: i. Minimum Front Facade Height - in the elevation view from the street frontage, twenty-eight (28) feet. ii. Maximum Building Height -the lesser ofone-hundred and fifty (150) feet or twelve (12) stories. (B) CBD Districts Located East of the St. Joseph River: i. Minimum Front Facade Height - in the elevation view from the street frontage, twenty-two (22) feet. ii. Maximum Building Height -the lesser of sixty (60) feet or five (5) stories. (5) Landscaping -See Section 21-07.01-Landscape Regulations. (ti) Lighting -See Section 21-07.02 - Li ting Regulations. (7) Signs -See Section 21-07.03 -Sign Re lagu tions. Ord. No.: 9495-04 Section 21-03.06 CBD Central Business District (8) Parking -See Section 21-07.04 -Off-Street Parking Regulations. (9) Loading -See Section 21-07.05 -Off-Street Loading Regulations. (10) Greenway Connection Required - If the lot abuts any portion of a greenway, a direct linkage from the project to such greenway shall be provided. (11) Outdoor Operations -All uses and operations (except off-street parking, off-street loading and delivery and walk-up customer service windows) shall be conducted completely within enclosed buildings, except where expressly permitted below: (A) Outdoor seating for restaurants provided that such outdoor seating: i. shall be located in a plaza as set forth above; ii. maybe located on a sidewalk in an abutting street right-of--way provided that a useable sidewalk width of not less than five (5) feet is maintained and approved by the Board of Public Works; iii. shall be permitted only along the business' tenant bay or storefront facade; and, iv. shall not block an entrance or exit to or from the business or building; (B) Outdoor display or sales of merchandise: i. shall be located in a plaza as set forth above; ii. maybe located on a sidewalk in an abutting street right-of--way provided that a useable sidewalk width of not less than five (5) feet is maintained and approved by the Board of Public Works; iii. shall be permitted only along the business' tenant bay or storefront facade; iv. shall not block an entrance or exist to or from the business or building; v. shall not exceed ten percent (10%) of the gross floor area of each non-related and separately operated use; vi. shall be permitted only during the hours of operation of the business and shall be removed at the close of each business day; Ord. No.: 9495-04 Section 21-03.06 CBD Central Business District (C) Walk-up customer service windows or Automated Teller Machines (ATM's), provided that such facilities are not free-standing and are set flush with the facade of the building. (12) Architecture: (A) Additions to Existing Buildings: All additions to existing buildings shall utilize building materials that are compatible and harmonious with the materials used on the existing building. (B) Exterior Renovations, Major Additions and Accessory Buildings: Exterior renovations, major additions and accessory buildings to existing buildings or facilities are encouraged to comply with the provisions in sub-Section (C), below, for new construction, however, the minimum requirement for exterior renovations, major additions and accessory buildings shall be the same as in sub-Section (A), above, for additions to existing buildings. (C) New Construction: In order to create variation and interest in the built environment, all new primary buildings shall comply with one (1) of the following two (2) sets of architectural regulations regarding building material and architectural features on each facade visible from a public street: i. All brick (excluding window, display window, door, roofing, fascia and soffit materials), provided that the brick used on each applicable facade shall include: a. at least two (2) architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.); or, b. at least two (2) colors of brick, with the secondary color constituting a minimum often (10) percent of the facade (excluding windows, display windows, doors, roofing, fascia or soffit materials); or, ii. Two (2) or more building materials (excluding window, display window, door and roofing materials), provided: a. Primary Building Material: The primary building material shall be either: brick; stone (limestone, granite, fieldstone, etc.); architectural pre-cast concrete, if the surface looks like brick or stone; or, exterior insulation and 9 Ord. No.: 9495-04 Section 21-03.06 CBD Central Business District finish system (E.I.F.S.) or equivalent, and shall constitute a minimum of fifty (50) percent of each applicable facade. Ord. No.: 9495-04 b. Secondary Building Material: The secondary building material shall constitute a minimum often (10) percent of the facade. Glass curtain wall or a faux window (not intended for use as a window or display window) may qualify as a secondary building material. c. Architectural Features: In addition, the exterior building material selection shall be supplemented with the use of multiple colors, textures (e.g., rough, smooth, striated, etc.) or architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.) on each facade visible from a public street. 10 Section 21-03.07 GB General Business District Section 21-03.07 GB General Business District Intent -The GB General Business District is established to provide a location for those retail sales and service functions whose operations are typically characterized by: outdoor display or sales of merchandise; major repair of motor vehicles; commercial amusement and recreational activities; or, activities or operations conducted in structures which are not completely enclosed. The types of uses found in the GB District are often brightly lighted and noisy. Permitted uses contained in this district are such that this district maybe used to form a grouping of similar uses along certain portions of major commercial thoroughfares. Special attention should be paid to buffering whenever this district is located adjacent to any residential district or residential uses. (a) Permitted Uses. (1) Primary Uses. (A) Automotive Uses: Including but not limited to: Automobile -sales and service; Automobile -rental service; Automobile Repair -major; Automobile Repair -minor; Automobile Parts Sales (new); Automobile Quick Oil Change Facility; Boat -sales and service; Car Wash (automatic or self); Gasoline Service Station with minor repair (not to exceed two (2) accessory indoor service bays); Gasoline Service Station without repair; Motor Cycle/Scooter Sales, Service and Repair; Muffler Shop; Painting and Customizing; RV and Camper -sales and service; Tire and Auto Service Center; Truck and Bus -sales and service; Truck and Bus -rental service. (B) Educational Uses: Including but not limited to: School -Commercial, Trade or Business. (C) Food Sales and Service: Including but not limited to: Bar *; Cabaret - 21 and Over *; Farmers Market; Nightclub *; Tavern *. (D) Governmental Use: Including but not limited to: Fire Station; Governmental Offices; Municipal /State Road Maintenance Facility; Police Station; Post Office -with or without outdoor parking of delivery vehicles. (E) Miscellaneous: Including but not limited to: Agriculture Seed Sales; Artificial Lake; Conference Center; Farm Equipment -sales and service; Kennel (with indoor runs); Kennel (with outdoor runs); Manufactured Home Sales; Sign Painting; Radio /Television Stations (without transmission towers); Radio /Television Stations (with transmission towers); Roadside Food Sales; Tool and Equipment Rental; Veterinary Hospital (without boarding); Veterinary Hospital (including boarding). Ord. No.: 9495-04 Section 21-03.07 GB General Business District (F) Office /Professional Services: Including but not limited to: Construction Companies (any type); Contractors (any type). (G) Public Facilities: Including but not limited to: Neighborhood Recycling Collection Point; Recycling Facility. (H) Recreation: Including but not limited to: Amusement Arcade *; Amusement Park; Billiard Hall *; Miniature Golf -indoor; Miniature Golf -outdoor; Public Dance Hall *; Skating Rink (ice or roller) - indoor; Skating Rink (ice or roller) -outdoor; Swimming Pool -indoor, private or public; Tennis /Racquet Club -indoor; Tennis /Racquet Club -outdoor; Theater -indoor; Theater -outdoor. (I) Retail: Including but not limited to: Garden Supply; Home Improvement Store; Lumber Yard; Pawnshop *; Satellite Dish Sales and Service (indoor display); Satellite Dish Sales and Service (outdoor display). (J) Utilities: Including but not limited to: Public Utility Substation; Electricity Relay Station; Public Wells; Pumping Station; Water Towers. * ~ Controlled Use. See Section 21-08.02 -Special ReQUlations for Controlled Uses for additional requirements. 2 Ord. No.: 9495-04 Section 21-03.07 GB General Business District (2) Special Exception Uses. (A) Government Use: Including but not limited to: Penal or Correctional Institution. (B) Miscellaneous: Including but not limited to: Mini (Self Storage) Warehouse; Tattoo, Body Piercing, Scarifying and Branding Establishments *. (C) Personal Service: Including but not limited to: Casinos, Approved Hotels and other areas where gambling games are conducted *; Off-Tract Pari- mutuel Wagering Facility *. (D) Public Facilities: Including but not limited to: Public or Private Park- Active or Passive. (E) Recreation: Including but not limited to: Arena; Country Club; Fairgrounds; Golf Course; Golf Driving Range; Stadium; Swimming Pool -private or public. (F) Retail: Including but not limited to: Gun Shop and Gunsmith Shop *. * =Controlled Use. See Section 21-08.02 -Special Regulations for Controlled Uses for additional requirements. (3) Accessory Uses -See Section 21-03.11, (a) -Accessory Uses, Buildings and Structures. (4) Temporary Uses -See Section 21-03.11, lb,~ -Temporary Uses, Buildin sand Structures. 3 Ord. No.: 9495-04 Section 21-03.Q7 GB General Business District (b) Development Standards. (1) Minimum Lot Width and Frontage -each lot or integrated center shall have a minimum lot width and frontage on a public street of 100 feet. (2) Minimum Yards and Building Setbacks (A) Front - a minimum front yard and minimum building setback measured from the greater of the proposed right-of--way or existing right-of--way shall be provided as follows: Limited Access Highway: 50' All other Streets: 30' (B) Minimum Side Yard and Setback - shall be provided from the lot line as follows: i. Minimum Side Yard -ten (10) feet ii. Minimum Side Residential Bufferyard -thirty (30) feet (C) ~ Minimum Rear Yard and Setback - shall be provided from the lot line as follows: Minimum Rear Yard -ten (10) feet ii. Minimum Rear Residential Bufferyard -thirty (30) feet (D) Minimum Yards for Out Lots: i. Out Lots Along AStreet - Dut lots within an integrated center shall provide a minimum yard of five (5) feet along all lot lines in common with other out lots or ten (10) feet along all lot lines in common with the main portion of the integrated center. ii. Perimeter Out Lots - If any portion of an out lot abuts the perimeter of the integrated center, that portion of the out lot shall be required to comply with the applicable minimum front, side or rear yard requirements set forth above. iii. Interior Out Lots -Out lots which are located on the interior of an integrated center (i.e., out lots which are not located along, oriented toward or primarily visible from a perimeter street) shall not be required to provide any minimum yard. 4 Ord. No.: 9495-04 Section 21-03.07 GB General Business District iv. Integrated Center -The main portion of the integrated center shall not be required to provide a minimum yard along the lot line in common with any out lot. (3) Use of Minimum Yards and Residential Bufferyards Use of Minimum Yards and Residential Bufferyards - all minimum yards and residential bufferyards shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in Section 21-07.01- Landscape Regulations of this Ordinance and shall remain free from structures except where expressly permitted below: (A) Minimum Front Yards - i. along limited access highways -may include: parking areas, loading areas, interior access drives, interior access driveways, or gasoline sales areas, provided that no portion of such area maybe located closer to the right-of--way than fifteen (15) feet; or, signs as regulated by Section 21-07.03 -Sign Regulations of this Ordinance, and shall be otherwise maintained as open space free from buildings or structures; ii. along all other streets -may include: parking areas (including vehicular parking of automobiles associated with a legally established dealership), or gasoline sales areas, provided that no portion of such areas may be located closer to the right-of--way than fifteen (15) feet; driveways; or, signs as regulated by Section 21-07.03 -Sign Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures; (B) Minimum Front Residential Bufferyards -may include: driveways; or, signs as regulated by Section 21-07.03 - Si~Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures; (C) Minimum Side and Rear Yards -minimum side yards and minimum rear yards may include: parking areas; interior access drives; interior access driveways; walkways; or, pedestrian ways connecting to adjoining lots or developments, provided that the remainder of said yards shall be maintained as open space free from buildings or structures; (D) Minimum Side and Rear Residential Bufferyards -shall be maintained as open space free from buildings or structures. (4) Maximum Building Height -forty-five (45) feet. Ord. No.: 9495-04 Section 21-03.07 GB General Business District (5) Landscaping -See Section 21-07.01 -Landscape Regulations. (6) Lighting -See Section 21-07.02 - Li ting Regulations. (7) Signs -See Section 21-07.03 -Sign Regulations. (8) Parking -See Section 21-07.04 -Off-Street Parking Regulations. (9) Loading -See Section 21-07.05 -Off-Street LoadingRegulations. (10) Greenway Connection Required - If the lot abuts any portion of a greenway, a direct linkage from the project to such greenway shall be provided. (11) Outdoor Operations -shall be permitted subject to the following regulations: (A) Vending machines: i. shall abut the exterior wall of the building ;and, ii. shall not be located in a required yard or required residential bufferyard. (B) Outdoor Display or Sales of Merchandise: i. shall not be located in a required yard or required residential bufferyard, provided however for a front yard along a limited access highway such outdoor display or sales of merchandise may be located no closer to the right-of--way than twenty-five (25) feet; ii. shall be designed and located so as to provide for the safe and efficient maneuvering of motor vehicles and pedestrians on or around sidewalks, pedestrian ways, entrances or exits to or from the business or building, required parking areas, required loading areas, driveways, interior access drives, interior access driveways; iii. shall not be located in any foundation landscaping area or interior parking area landscaping; and, iv. shall be considered parking areas for the purpose of determining and providing interior parking area landscaping when such outdoor display is used for the sale or rental of automobiles, trucks, busses, recreational vehicles, equipment and the like. 6 Ord. No.: 9495-04 Section 21-03.07 GB General Business District (C) Gasoline Pumps -provided that no outdoor operations other than the dispensing or installation of gasoline, oil, antifreeze and other similar products and the performance of minor services for customers as related to said dispensing or installation are conducted on the site. (D) Walk-up or drive through customer service windows or Automated Teller Machines (ATM's), provided that such facilities shall be located so as to not interfere or conflict with sidewalks, pedestrian ways, entrances or exits to or from the business or building, parking areas, loading areas, driveways, interior access drives, interior access driveways, perimeter landscape yards or foundation landscaping. (12) Architecture: (A) Additions to Existing Buildings: All additions to existing buildings shall utilize building materials that are compatible and harmonious with the materials used on the existing building. (B) Exterior Renovations, Major Additions and Accessory Buildings: Exterior renovations, major additions and accessory buildings to existing buildings or facilities are encouraged to comply with the provisions in sub-Section (C), below, for new construction, however, the minimum requirement for exterior renovations, major additions and accessory buildings shall be the same as in sub-Section (A), above, for additions to existing buildings. (C) New Construction: In order to create variation and interest in the built environment, all new primary buildings shall comply with one (1) of the following two (2) sets of architectural regulations regarding building material and architectural features on each facade visible from a public street: i. All brick (excluding window, display window, door, roofing, fascia and soffit materials), provided that the brick used on each applicable facade shall include: a. at least two (2) architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.); or, b. at least two (2) colors of brick, with the secondary color constituting a minimum often (l0) percent of the facade (excluding windows, display windows, doors, roofing, fascia or soffit materials); or, Ord. No.: 9495-04 Section 21-03.07 GB General Business District ii. Two (2) or more building materials (excluding window, display window, door and roofing materials), provided: a. Primary Building Material: The primary building material shall be either: brick; stone (limestone, granite, fieldstone, etc.); architectural pre-cast concrete, if the surface looks like brick or stone; or, exterior insulation and finish system (E.I.F.S.) or equivalent, and shall constitute a minimum of fifty (50) percent of each applicable facade. b. Secondary Building Material: The secondary building material shall constitute a minimum of ten (10) percent of the facade. Glass curtain wall or a faux window (not intended for use as a window or display window) may qualify as a secondary building material. c. Architectural Features: In addition, the exterior building material selection shall be supplemented with the use of multiple colors, textures (e.g., rough, smooth, striated, etc.) or architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.) on each facade visible from a public street. Ord. No.: 9495-04 Section 21-03.11 General Regulations for Commercial / Mized Use Districts Section 21-03.11 General Regulations for Commercial /Mixed Use Districts. (a) Accessory Uses, Buildings and Structures. (1) Permitted Accessory Uses, Buildings and Structures. Accessory uses, buildings or structures shall be permitted in all Commercial / Mixed Use Districts, provided, however, that the primary use which is supported by the accessory use, building or structure is a permitted use within the district to which a lot is zoned. Accessory uses, buildings or structures shall not be permitted on a lot, out lot, or main portion of an integrated center prior to the erection of the primary building on the lot, out lot or main portion of the integrated center. By way of example only, some typical accessory uses, buildings and structures in the Commercial /Mixed Use Districts are: fences, trash containers, recycling containers, drive through facilities, gasoline pump islands and canopies. (2) Development Standards for Accessory Uses, Buildings or Structures in All Commercial /Mixed Use Districts. Accessory uses, buildings or structures shall comply with all development standards of the applicable district unless an exception is specifically provided for in this Section. Accessory uses, buildings or structures shall not encroach upon any platted easements unless specifically authorized by the terms of the easement or by written consent of the agency in whose favor the easement is granted. (3) Additional Development Standards for Accessory Uses, Buildings or Structures in any Commercial /Mixed Use District. Accessory uses, buildings or structures permitted in any Commercial /Mixed Use district shall also comply with the following additional development standards: (A) Residential Uses -Accessory uses, buildings or structures provided for any legally established residential uses located in any Commercial /Mixed Use district shall comply with the provisions of Section 21-02.11, (a), (3) - Additional Development Standards for Accessory Uses, Buildin~or Structures in any Residential District. Ord. No.: 9495-04 Section 21-03.11 General Regulations for Commercial / Miaed Use Districts (B) Fences (including chain link, solid, architectural screen, lattice-work or masonry): shall not exceed six (6) feet in height above grade in a required front yard or if located in the buildable area of a lot located between the front facade of the primary building and the required front yard; ii. Shall not exceed ten (10) feet in height above grade in a required side yard or a required rear yard; iii, shall not include any barbed, electric, razor or other similar types of security wire when located in a minimum front yard or between the front facade of the primary building and the required front yard; and, iv. Shall comply with Section 21-01.01 (t) -Clear Si t Area requirements of this Ordinance. (C) Trash containers -Trash containers exceeding thirty-six (36) cubic feet shall: i. be screened on at least three (3) sides by a building wall or a solid- walled enclosure, not less than six (6) feet in height nor more than ten (10) feet in height above grade, equipped with an opaque screen gate, and any solid-walled portion of the enclosure shall be provided with foundation landscaping; Foundation Plantings Opaque Screen Gate ii. not be located between the front facade of the primary building and the front lot line; and, 2 Ord. No.: 9495-04 Solid Walled Trash Enclosure with Solid Walled Trash Enclosure with Section 21-03.11 General Regulations for Commercial l Miaed Use Districts iii. not be located in any minimum front yard, minimum side yard, minimum rear yard, minimum front residential bufferyard, minimum side residential bufferyard or minimum rear residential bufferyard. Rear Lot Line a~ J O J Primary Building Front Facade ........ Area between front facade of the primary building and the front lot line Front Lot Line a~ J O J m (D) Parking Areas -shall comply with the provisions of Section 21-07.04 - Off-Street Parking Regulations of this Ordinance. (E) Loading Areas -shall comply with the provision of Section 21-07.05 - Off-Street Loading Regulations of this Ordinance. (F) Signs -shall comply with the provisions of Section 21-07.03 -Sign Regulations of this Ordinance. (G) Drive through facilities - shall be so designed that: i. drive through lanes do not conflict with the safe and efficient flow of traffic into and out of required parking spaces or loading spaces; ii. drive through lanes have a "bail out" capability for all vehicles which have entered the drive through lane; Ord. No.: 9495-04 Section 21-03.11 General Regulations for Commercial 1 Mized Use Districts iii. the minimum drive through facility standards include: a. a drive through lane with a minimum width often (10) feet measured from the furthest point of projection of a drive through facility from the building or structure; and, b. a "bail out" lane with a minimum width of twelve (12) feet measured from and running parallel to the full length of the drive through lane; Drive Through Facility Drive Through Lane -10' Min. Bati Out Lane -12' Min. g utt a,esa w.a sea••aa+ DRNE THROUGH /BAIL OUT WITH PARIQNO AREA BEYOND Drive Through Facility Drive Through Lane -10' Min. _~ Batl Out Lane -12' Min. _~ MlnYnum Dlmansbn Par Parking StarMard~ COMBINED DRIVE THROUGH, BAIL OUT 8 PARKING iv. if a "bail out" lane also serves as an interior access drive providing access to parking spaces, the "bail out" lane /interior access drive shall be limited to a one-way traffic pattern following the direction of the drive through lane; v. if a parking area is developed beyond the "bail out" lane, the parking area shall be separated from the "bail out" lane by a curbed island having a minimum width of three (3) feet; vi. provide at least five (5) waiting spaces prior to the first occurrence of any ordering, pick-up or service facility; and, 4 Ord. No.: 9495-04 Section 21-03.11 General Regulations for Commercial /Milted Use Districts vii. provide sufficient room for at least one (1) waiting space after exiting the last pick-up or service facility. (H) Gasoline Dispensers and Pump Island Canopies. Gasoline dispensers and pump island canopies shall: i. not be located within any minimum front yard, side yard, rear yard, front residential bufferyard, side residential bufferyard or rear residential bufferyard unless specifically authorized in the "Use of Minimum Yards and Residential Bufferyards" sub-Section of the applicable district; and, ii. shall be provided with adequate on-site maneuverability so as to avoid any interference with through traffic on any public right-of--way. Ord. No.: 9495-04 Section 21-03.11 General Regulations for Commercial / Mized Use Districts (b) Temporary Uses, Buildings and Structures. (1) Permits Required. A temporary use, building or structure which is in compliance with the provisions of this Section, shall be allowed on a lot or out lot in any commercial /mixed use district. A temporary use, structure or building which will be converted into a permanent primary or accessory use after the cessation of the temporary use shall be required to obtain an improvement location permit prior the establishment of the use or the construction of any structure or building. A temporary use, structure or building which will be removed from the site upon cessation of the temporary use shall comply with the regulations contained in this Section, and shall obtain an improvement location permit. (2) Permitted Temporary Uses, Buildings and Structures. By way of example only, permitted temporary uses, buildings and structures include: construction trailers, sales offices, mobile offices and temporary seasonal retail sales. (3) Duration. Except as specifically provided otherwise in this Section, a temporary use, building or structure shall be permitted for a period not to exceed one (1) year. Except as specifically provided otherwise in this Section, the improvement location permit, if required, maybe renewed one (1) or more times by the Zoning Administrator, for good cause shown, for an additional period(s) not to exceed a total of three (3) years beyond the original expiration date. (4) Compliance with Development Standards. Any temporary use, building or structure shall comply with all applicable development standards and setback requirements in the district in which the temporary use, building or structure is located. Temporary construction trailers, temporary freestanding sales offices, and other temporary uses which shall not be converted into a permanent primary or accessory use, shall be exempt from the requirement to provide a hard surfaced parking area. (5) Cessation of Use. All buildings, structures or debris associated with the temporary use shall be removed from the site immediately upon completion or cessation of the temporary use or expiration of the time period set forth above. Ord. No.: 9495-04 Section 21-03.11 General Regulations for Commercial / Mized Use Districts (6) Additional Regulations for Temporary Seasonal Retail Sales Uses. Any temporary seasonal retail sales use, structure or building shall also comply with the following regulations: (A) The use or structure shall comply with all setback requirements applicable to off-street parking spaces on the site; (B) A minimum of three (3) off-street parking spaces shall be provided on-site for the temporary seasonal retail sales use; (C) The location of the temporary seasonal retail sales use and its required amount of parking spaces shall not interfere with any required parking spaces or safe and efficient flow of vehicular and pedestrian traffic around the parking area for the permanent primary use of the site; (D) Signs for the temporary seasonal retail sales shall comply with the provisions of Section 21-07.03 - Sign Regulations of this Ordinance regarding temporary signs; and (E) Not withstanding the provisions above to the contrary, seasonal retail sales uses shall not exceed forty-five (45) consecutive days per occurrence nor a total ofone-hundred and twenty (120) days during any calendar year. 7 Ord. No.: 9495-04 Section 21-03.11 General Regulations for Commercial /Mixed Use Districts (c) Home Occupations. Home occupations undertaken in connection with a legally established residential use located in any Commercial /Mixed Use District shall comply with the provisions of Section 21-02.11, (c) -Home Occupations. 8 Ord. No.: 9495-04 Section 21-03.11 General Regulations for Commercial /Milted Use Districts (d) Performance Standards. All use in existence prior to the effective date of this Ordinance or established after the effective date of this Ordinance in any Commercial f Mixed Use District shall comply with the performance standards of the applicable municipal, state or federal regulations pertaining to: vibration; smoke, dust and particulate matter; noxious matter; odor; noise; heat; glare; or, waste, and shall be subject to enforcement action by the applicable municipal, state or federal agency responsible for monitoring and enforcing such regulations. 9 Ord. No.: 9495-04 Section 21-03.11 General Regulations for Commercial /Mixed Use Districts (e) Zoning Violations in Commercial /Mixed Use Districts. The following shall be deemed violations of this Ordinance and shall be enforceable by the City of South Bend as set forth in Section 21-10 -Enforcement of this Ordinance: (1) The conduct of any activity in acommercial /mixed use district that is not specifically enumerated as a permitted primary use or accessory use in that district, and which activity has not been legally established by a currently valid variance, special exception or other approval grant; (2) Failure to comply with district development standards, including but not limited to landscaping, paving of parking areas, minimum parking space requirements, trash dumpster enclosure, fencing or screening requirements; or, (3) The failure to comply with the terms, provisions or conditions of: a grant of variance or special exception; an approval of a development plan; an approval of a conditional use district; or, other approval grant authorized by this Ordinance. 10 Ord. No.: 9495-04 Section 21-03.11 General Regulations for Commercial / Mized Use Districts (~ Additional Development Standards. (1) Additions Along a Legally Established Nonconforming Setback. The minimum front yard, minimum side yard or minimum rear yard for any legally established nonconforming building having a setback which is less than that which is required by this Ordinance shall be allowed to expand one (1) or more times along such legally established nonconforming setback provided the applicant can demonstrate that: (A) all other applicable development standards, except the one (1) legally established nonconforming building setback to be expanded upon, are in compliance with the requirements of the district; (B) a minimum of two (2) of the other applicable development standards will be brought into compliance with the requirements of the district; or, (C) a minimum of four (4) of the other applicable development standards will be reduced as to their extent ofnon-conformity by the maximum extent feasible given site constraints and such that, in the determination of the Zoning Administrator, conditions on the lot will be improved. For the purposes of this sub-Section, other applicable development standards shall include the following sub-Sections of each district: Use of Minimum Yards and Residential Bufferyards; Maximum Building Height; Landscaping; Lighting; Signs; Parking; Loading; Greenway Conneciton; and, Outdoor Operations. The provisions of this sub-Section shall not be applicable to any lot which includes a side residential bufferyard or a rear residential bufferyard (i.e., abuts a residential district on along a side lot line or a rear lot line). (2) Additional Front Setback Provisions. (A) Public Streets In the case where the thoroughfare plan does not include a proposed right-of--way, or where the existing right-of--way is greater than the proposed right-of--way, the existing right-of=way line shall be used for setback measurement. 11 Ord. No.: 9495-04 Section 21-03.11 General Regulations for Commercial / Mized Use Districts (B) Public Streets and Private Streets i. The minimum front yard and minimum building setback from the right-of--way line of a private street shall be the same as for a local public street in the applicable commercial /mixed use district. ii. The setback provisions of this Ordinance are subject to the following modification: In any block in any commercial /mixed use district contained in this Ordinance in which an existing front yard setback is established by existing, legally established buildings or structures on more than sixty percent (60%) of the total number of lots within the same block face fronting on the same public street, the minimum required 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 dimension is less than the minimum front yard setback established by this Ordinance. iii. Any development permitted within a required front yard shall be those specified in the "Use of Minimum Yards and Residential Bufferyards" sections of the applicable Commercial /Mixed Use District. (3) Setback Regulations for Laterally-Supported Extensions. Notwithstanding any setback regulations of this Ordinance to the contrary, laterally-supported extensions, such as: (A) Canopies, sills, belt courses, eaves, cornices, bay windows, roof overhangs or other ornamental features, may extend: i. a maximum of twelve (12) inches into any minimum front yard, minimum side yard or minimum rear yard; or, ii. for a building with a setback of less than three (3) feet, a maximum of twelve (12) inches into apublicright-of--way, subject to the upon approval of the Board of Public Works. 12 Ord. No.: 9495-04 Section 21-03.11 General Regulations for Commercial / Mized Use Districts (B) Open or enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers may extend: i. a maximum of five (5) feet into any minimum front yard, minimum side yard or minimum rear yard; or, ii. for a building with a setback of less than three (3) feet, a maximum of three and one-half (3 %Z) feet into a public right-of--way, subject to the upon approval of the Board of Public Works. (4) Height Regulations for Roof Mounted or Roof Piercing Structures. The following regulations shall apply to the roof mounted or roof piercing structures in any Commercial /Mixed Use District: (A) Parapet walls may exceed the maximum building height, provided such parapet wall do not exceed four (4) feet in height above the roof line; and, (B) Roof mounted or roof piercing chimneys, cooling towers, elevator bulkheads, mechanical penthouses, stacks, stage towers, scenery lofts, water towers, radio or television antenna, ornamental towers, cupolas, domes, steeples and spires, may exceed the maximum building height, provided such structures do not exceed twenty-five (25) feet in height above the roof line. 13 Ord. No.: 9495-04 Section 21-03.11 General Regulations for Commercial /Milted Use Districts (g) Requirements for All Private Streets and Private Alleys. See Section 21-01.01 (u) - R~uirements for All Private Streets and Private Alleys. 14 Ord. No.: 9495-04 Section 21-04.01 LI Light Industrial District ARTICLE 4 INDUSTRIAL DISTRICTS SECTION 21-04 INDUSTRIAL DISTRICTS REGULATIONS Section 21-04.01 LI Light Industrial District. Intent -The LI Light Industrial District is established to provide for development of office/warehouse, warehouse/distribution, wholesale, assembly and manufacturing or processing facilities which are clean, quiet, free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare. Permitted uses in this district tend to generate heavy traffic, require extensive community facilities, and may require limited amounts of outdoor storage. The LI District is also intended to function as a transitional district between the more intense general industrial districts and other less intense districts. (a) Permitted Uses. (1) Primary Uses. (A) Automotive Uses: Including but not limited to: Automobile Repair - major; Automobile Repair -minor; Automobile quick oil change facility; Gasoline Service Station with minor repair (not exceeding two (2) accessory indoor service bays); Gasoline Service Station without repair; Muffler Shop; Painting and Customizing. (B) Educational Use: Including but not limited to: Child Care Center; School -Commercial, Trade, Industrial or Business. (C) Government Use: Including but not limited to: Fire Station; Police Station; Post Office -with or without outdoor parking of delivery vehicles; Postal Facility. (D) Industrial Uses: Including but not limited to: any of the following industrial uses (except for those uses identified as Special Exception Uses in this LI District, Primary Uses in the GI District or Special Exception Uses in the GI District): Assembly or blending of previously manufactured parts, sub-assemblies or components; Cleaning, testing or repairing of goods, materials or products; Data processing or analysis; Engineering or research laboratories; Manufacture, processing, refining or fabrication of goods, materials or products; warehousing; wholesaling. (E) Miscellaneous: Including but not limited to: Artifrcial Lake; Conference Center. Ord. No.: 9495-04 Section 21-04.01 LI Light Industrial District (F) Office /Professional Services: Including but not limited to: Construction Companies (any type, office only); Contractors (any type, office only); Corporate Headquarters (office only); Manufacturers Representative. (G) Personal Service: Including but not limited to: Tattoo, Body Piercing, Scarifying and Branding Establishments *. (H) Public Facilities: Including but not limited to: Airport -Public (including Heliports); Neighborhood Recycling Collection Point. (I) Utilities: Including but not limited to: Public Utility Substation; Public Wells; Pumping Station; Storage Tanks -Non-hazardous; Telephone Exchange; Water Tower; Water Treatment Plant. * =Controlled Use. See Section 21-08.02 - Sgecial Regulations for Controlled Uses for additional requirements. (2) Special Exception Uses. (A) Any Primary Use listed in the GI District. (B) Clothing Service: Including but not limited to: Dry Cleaning /Laundry Establishment; Shoe Repair Shop; Tailor and Pressing Shop. (C) Food Sales and Service: Including but not limited to: Bakery -retail; Bar * (without entertainment or dancing); Cabaret -Adult *; Convenience Store; Dairy Bar -retail; Delicatessen; Ice Cream Store - retail; Nightclub *; Restaurant -Drive In; Restaurant -Drive Through; Restaurant -Fast Food; Restaurant -Family; Restaurant -Family with Lounge; Tavern * (without entertainment or dancing); Yogurt Store - retail. (D) Government Use: Including but not limited to: Penal or Correctional Institution. (E) Industrial Uses: Including but not limited to: Any industrial use listed above under Primary Uses but which use includes outdoor storage in excess of twenty (20) percent of the gross floor area of all buildings on the lot. (F) Miscellaneous: Including but not limited to: Adult Business *; Casinos, Approved Hotels and other areas where gambling games are conducted *; Off-Tract Pari-mutuel Wagering Facility *. Ord. No.: 9495-04 Section 21-04.01 LI Light Industrial District (G) Office /Professional Services: Including but not limited to: Architect; Artist; Bank Machines -Walk-up; Bank Machines -Drive-Through; Bank Machines -Free-Standing; Consultant; Dentist; Design Services; Engineer; Financial Institution; Home Remodeling Companies (office only); Insurance Agent; Lawyer; Musician; Physician; Pharmacist; Photographic Studio; Professional Offices; Real Estate Office; Research Laboratories; Service Organization Office; Travel Agency. (H) Personal Service: Including but not limited to: Barber Shop; Beauty Shop; Health Spa or Fitness Center; Tanning Salon. (I) Public Facilities: Including but not limited to: Airport -Private; Cemetery -with or without Crematory, Funeral Home, Mausoleum or Mortuary; Heliports -Landing Pads and Stations for Helicopters (Helistop) including facilities for maintenance of helicopters and accessory uses; Public or Private Park -Active or Passive. (J) Recreation: Including but not limited to: Country Club; Dance Studio; Fairgrounds; Golf Course; Golf Driving Range; Gymnastics Studio; Miniature Golf -Indoor; Skating Rink (ice and roller) -Indoor; Tennis / Racquet Club -Indoor; Swimming Pool -private or public. (K) Retail: Including but not limited to: Apparel Shop; Arts and Craft Store; Camera Store; Card Shop; Computer Store; Drug Store; Flower Shop; Gift Shop; Newsdealer; Shoe Store; Stationery and Book Store; Tobacco Store; Variety Store; Video Store. (L) Utilities: Including but not limited to: Sewage Treatment Plant. * =Controlled Use. See Section 21-08.02 -Special Regulations for Controlled Uses for additional requirements. (3) Accessory Uses -See Section 21-04.11, (a) -Accessory Uses, Buildings and Structures. (4) Temporary Uses -See Section 21-04.11, (b) -Temporary Uses, Buildings and Structures. Ord. No.: 9495-04 Section 21-04.01 LI Light Industrial District (b) Development Standards. (1) Minimum Lot Width and Frontage -each lot or industrial park shall have a minimum lot width and frontage on a public street of 100 feet. (2) Minimum Yards and Minimum Building Setbacks (A) Front - a minimum front yard and minimum building setback measured from the greater of the proposed right-of--way or existing right-of--way shall be provided as follows: Limited Access Highway: 50' All Other Streets: 30' (B) Minimum Side Yard and Setback - shall be provided from the lot line as follows: i. Minimum Side Yard - 10 feet ii. Minimum Side Residential Bufferyard - 50 feet (C} Minimum Rear Yard and Setback - shall be provided from the lot line as follows: i. Minimum Rear Yard - 10 feet ii. Minimum Rear Residential Bufferyard - 50 feet (3) Use of Minimum Yards and Residential Bufferyards Use of Minimum Yards and Residential Bufferyards - all minimum yards and residential bufferyards shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in Section 21-07.01-Landscape Regulations of this Ordinance and shall remain free from structures except where expressly permitted below: (A) Minimum Front Yards -may include: parking areas, loading areas, interior access drives, or interior access driveways, provided that no portion of such area maybe located closer to the right-of--way than twenty-five (25) feet; or, signs as regulated by Section 21-07.03 -Sign Regulations of this Ordinance, and shall be otherwise maintained as open space free from buildings or structures; 4 Ord. No.: 9495-04 Section 21-04.01 LI Light Industrial District (B) Minimum Front Residential Bufferyards -may include: driveways; or, signs as regulated by Section 21-07.03 - Si~Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures; (C) Minimum Side and Rear Yards -minimum side and rear yards may include interior access driveways connecting to adjoining lots provided that the remainder of said yards shall be maintained as open space free from buildings or structures; (D) Minimum Side and Rear Residential Bufferyards -shall be landscaped with grass and shrubbery, trees, or hedge, or in combination with other suitable ground cover materials and maintained as open space free from buildings or structures. (E) Minimum Yards for Lots Within the Same Industrial Park -along all lot lines in common with other lots located within the same industrial park: i. Side Yards -That portion of a minimum side yard: a. located between the front lot line and minimum front building setback line may include: driveways; or, interior access driveways connecting to adjoining lots; or, b. located behind the minimum front building setback line may include: parking areas; loading areas; interior access driveways; interior access drives; trash containers; or, outdoor storage; or, ii. Rear Yards -Minimum rear yards may include parking areas, loading areas, interior access driveways, interior access drives or outdoor storage; provided, however, that the remainder of said yards shall be maintained as open space free from buildings or structures, and that the area of each such minimum yard that would have been devoted to perimeter yard landscaping and the amount of landscape material that would have been required to be installed in such perimeter yard landscaping, if not complying with the special provisions of this sub-Section, are provided elsewhere on each of the affected lots as either additional foundation landscaping, additional interior parking area landscaping or additional front perimeter landscape yard landscaping, and documentary assurances are provided on the final plat or by other legally binding instrument which binds the adjoining lots to be developed in compliance with the special Ord. No.: 9495-04 Section 21-04.01 LI Light Industrial District provisions of this sub-Section allowing such minimum yards to be used for parking areas, loading areas, interior drives or interior access drives subject to the provision of such additional foundation landscaping area or additional interior parking area landscaping. Street Front Lot Line of Industrial Park Out Lot Side Yard of Lot ~ ~ Front Yard n. of Lot - Lot N ~ Rear Yard ~ w E- of Lot 0 m J ~ ~ Side Yard ~ of Lot N Lot Front Yard of Ind. Pk. Out Lot Out Lot ut Lot Out Lot Front Yard of Lot Interior Access Drive /Public Street t Private Street Side Yard Lot Lot Rear Yard of Lot Lot of Lot Side Yard of Lot INDUST IAL PARK Lot Lot Front Yard Front Yard of Lot of Lot Lot } Lot f Lot Rear Lot Line of Industrial Park .-~-~-r+~ -Lot Lines in Common with Other Lots Within the Same Industrial Park. Minimum Yards for Lots Within the Same Industrial Park Out Lot Lot Lot i~ ~a 7 c 0 m J 0 J m S' (4) Maximum Building Height -eighty-five (85) feet or seven (7) stories; provided, however, that the setback for that portion of any building or structure which is in excess of thirty-five (35) feet shall be increased by one (1) foot for each one (1) foot of the height of the building or structure above thirty-five (35) feet until the maximum height of the building or structure is allowed. (5) Landscaping -See Section 21-07.01-Landscape Regulations. (6) Lighting -See Section 21-07.02 - Li ting Regulations. 6 Ord. No.: 9495-04 Section 21-04.01 LI Light Industrial District (7) Signs -See Section 21-07.03 -Sign Regulations. (8) Pazking -See Section 21-07.04 -Off-Street Parking Regulations. (9) Loading -See Section 21-07.05 -Off-Street Loading Regulations. (10) Outdoor Storage and Operations. (A) Operations All operations, servicing and processing (except outdoor storage, off-street parking and off-street loading) shall be conducted within completely enclosed buildings. (B) Storage All storage of materials or products shall be either: i. within completely enclosed buildings; or, ii. within a defined storage area in compliance with the following: a. Location of outdoor storage: along limited access highways -shall not be located within a minimum front yard; and, 2. along all other streets -shall not be located between the front lot line and the established front building line. b. Screening -Outdoor storage azeas shall be screened from view from all lot lines by buildings or: 1. a chain link, lattice, or similaz type fencing with an open space of 30% or greater, supplemented by a Type C: Full Screening landscaping (See Section 21-07.01, Table 21-07.01- A, Note C for details) located between the edge of the outdoor storage azea and lot line; or, 7 Ord. No.: 9495-04 Section 21-04.01 LI Light Industrial District 2. a ornamental, solid wall, architectural screen, masonry or similar type fence with an open space of less than 30%, including entry/exit gates made of materials compatible with the fence, supplemented by a Type B: Partial Screening landscaping (See Section 21-07.01, Table 21-07.01- A, Note B for details) located between the edge of the outdoor storage area and the lot line. c. Height ofFence -The height above grade of said fence shall be at least six (6) feet and shall not exceed ten (10) feet. d. Height of Outdoor Storage -Outdoor storage of materials or products shall not exceed the height of the fence. e. Surface of Outdoor Storage Area -All outdoor storage areas shall be surfaced with a durable, dust-free surface of concrete or asphalt surface which meets or exceeds the minimum specifications prescribed by the Board of Public Works. (C) Amount of Outdoor Storage The total area devoted to outdoor storage shall not exceed twenty (20) percent of the gross floor area of all buildings on the lot, provided, however, outdoor storage in excess of twenty (20) percent of the gross floor area of all buildings on the lot may be approved as a Special Exception Use. 8 Ord. No.: 9495-04 Section 21-04.02 GI General Industrial District Section 21-04.02 GI General Industrial District Intent -The GI General Industrial District is established to provide for development of manufacturing and processing facilities or facilities which may require substantial amounts of outdoor storage or outdoor operations. Permitted uses in this district tend to generate heavy traffic and require extensive community facilities. Permitted uses in this district may require extensive amounts of outdoor storage or outdoor operations. The permitted uses provided for in this district should be separated from residential districts or low intensity commercial /mixed use districts by less intense industrial districts. (a) Permitted Uses. (1) Primary Uses. (A) Agricultural Uses: Including but not limited to: Grainaries, Grain Processing, Milling. (B) Automotive Uses: Including but not limited to: Automobile Repair - major; Automobile Repair -minor; Automobile quick oil change facility; Gasoline Service Station with minor repair (not exceeding two (2) accessory indoor service bays); Gasoline Service Station without repair; Muffler Shop; Painting and Customizing. (C) Educational Use: Including but not limited to: School -Commercial, Trade, Industrial or Business. (D) Food Sales and Service: Including but not limited to: Bar *; Cabaret - Adult *; Nightclub *; Tavern *. (E) Government Use: Including but not limited to: Fire Station; Municipal / State Road Maintenance Facility; Police Station; Post Office -with or without outdoor parking of delivery vehicles. (F) Industrial Uses: Including but not limited to: Any primary use listed under the sub-heading of Industrial Uses in the LI -Light Industrial District; Bottled Gas Storage and Distribution; Bulk Storage; Coke Ovens; Electroplating Operations; Liquid Fertilizer Storage and Distribution (Commercial); Natural Gas (storage, transmission and distribution}; Petroleum Tank Farm (Commercial); Manufacture of Biological Products; Manufacture of Colors or Dyes. (G) Miscellaneous: Including but not limited to: Adult Business *; Artificial Lake. Ord. No.: 9495-04 Section 21-04.02 GI General Industrial District (H) Office /Professional Services: Including but not limited to: Construction Companies (any type, office only); Contractors (any type, office only); Corporate Headquarters (office only); Manufacturers Representative. ()7 Personal Service: Including but not limited to: Tattoo, Body Piercing, Scarifying and Branding Establishments *. (J) Public Facilities: Including but not limited to: Neighborhood Recycling Collection Point; Recycling Facility. (K) Utilities: Including but not limited to: Public Utility Substation; Public Wells; Pumping Station; Storage Tanks -Non-hazardous; Sewage Treatment Plant; Telephone Exchange; Water Tower; Water Treatment Plant. * =Controlled Use. See Section 21-08.02 -Special Regulations for Controlled Uses for additional requirements. 2. Special Exception Uses. (A) Government Use: Including but not limited to: Penal or Correctional Institution. (B) Industrial Uses: Including but not limited to: i. Blast Furnace or Open Hearth; Concrete Mixing; Foundries; Iron and Steel Production; Junk Yard; Lumber Mill; Millwork; Mineral Extraction, Borrow Pit, Topsoil Removal and Storage; Oil Processing, Refining and Manufacture; Planing Mill; Power Plants (including electric, steam and thermal); Saw Mill; Slaughterhouse; Storage of Heavy Equipment (as a primary use); Vehicle Storage; Veneer (veneer mill); Wrecker Service. ii. Manufacture of: Asphalt Products; Asphaltic Paving Materials Preparation; Batch Plant (asphalt or concrete production); Batteries; Chemicals; Concrete Blocks and Shapes Production; Concrete Paving Materials Preparation; Creosote; Explosives; Fertilizer; Fireworks; Gases; Glue; Lacquers; Matches; Paints; Paper; Plastics (including blending); Resins (including blending); Rubber Products; Structural Steel Fabrication; Tar, Tar Paper, Tar Products; Textiles and Textile Mill Products; Tire and Inner Tubes; Varnishes. Ord. No.: 9495-04 Section 21-04.02 GI General Industrial District iii. Outdoor Storage or Operations: Any industrial use which requires outdoor storage or operations in excess of fifty (50) percent of total lot area. (C) Miscellaneous: Including but not limited to: Casinos, Approved Hotels and other areas where gambling games are conducted *; Off-Tract Pari- mutuel Wagering Facility *. (D) Public Facilities: Including but not limited to: Airport -Public or Private; Cemetery -with or without Crematory, Funeral Home, Mausoleum or Mortuary; Construction and Demolition Fill; Garbage Disposal; Public or Private Park Active or Passive; Refuse Dump; Resource Recovery Facility; Sanitary Fill (public or private); Transfer Station. (E) Recreation: Including but not limited to: Country Club; Fairgrounds; Golf Course; Golf Driving Range; Swimming Pool -private or public. * =Controlled Use. See Section 21-08.02 -Special Regulations for Controlled Uses for additional requirements. (2) Accessory Uses -See Section 21-04.11, (a) -Accessory Uses, Buildings and Structures. (3) Temporary Uses -See Section 21-04.11, (b) - Temporary Uses, Buildings and Structures. Ord. No.: 9495-04 Section 21-04.02 GI General Industrial District (b) ~Jevelopment Standards. (1) Minimum Lot Width and Frontage -each lot or industrial park shall have a minimum lot width and frontage on a public street of 150 feet. (2) Minimum Yards and Minimum Building Setbacks - (A) Front - a minimum front yard and minimum building setback measured from the greater of the proposed right-of--way or existing right-of--way shall be provided as follows: Limited Access Highway: 50' All Other Streets: 30' (B) Minimum Side Yard and Setback - shall be provided from the lot line as follows: i. Minimum Side Yard - 10 feet ii. Minimum Side Residential Bufferyard - 100 feet, provided, however, a minimum side residential bufferyard maybe reduced to fifty (50) feet through the provision of additional landscaping in an amount equal to a Type B: Partial Screening landscaping being added to the required Type C: Full Screening landscaping required by this district (see Section 21-07.01, Table 21-07.01- A, Notes B and C for details). (C) Minimum Rear Yard and Setback -shall be provided from the lot line as follows: i. Minimum Rear Yard - 10 feet ii. Minimum Rear Residential Bufferyard - 100 feet, provided, however, a minimum side residential bufferyard may be reduced to fifty (50) feet through the provision of additional landscaping in an amount equal to a Type B: Partial Screening landscaping being added to the required Type C: Full Screening landscaping required by this district (see Section 21-07.01, Table 21-07.01- A, Notes B and C for details). Ord. No.: 9495-04 Section 21-04.02 GI General Industrial District (3) Use of Minimum Yards and Residential Bufferyards Use of Minimum Yards and Residential Bufferyards - all minimum yards and residential bufferyards shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in Section 21-07.01-Landscape Regulations of this Ordinance and shall remain free from structures except where expressly permitted below: (A) Minimum Front Yards -may include driveways, parking areas or interior access drives (provided that no portion of any parking area, interior access driveway or interior access drive maybe located closer to the right-of--way than twenty-five (25) feet), signs as regulated by Section 21- 07.03 -Sign Regulations of this Ordinance and shall otherwise be maintained as open space free from buildings or structures; (B) Minimum Front Residential Bufferyards -may include: driveways; or, signs as regulated by Section 21-07.03 -Sign Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures; (C) Minimum Side and Rear Yards -minimum side and rear yards may include interior access driveways connecting to adjoining lots provided that the remainder of said yards shall be maintained as open space free from buildings or structures; (D) Minimum Side and Rear Residential Bufferyards - shall be landscaped with grass and shrubbery, trees, or hedge, or in combination with other suitable ground cover materials and maintained as open space free from buildings or structures. (E) Minimum Yards for Lots Within the Same Industrial Park -along all lot lines in common with other lots located within the same industrial park. Side Yards -That portion of a minimum side yard: a. located between the front lot line and minimum front building setback line may include: driveways; or, interior access driveways connecting to adjoining lots; or, b. located behind the minimum front building setback line may include: parking areas; loading areas; interior access driveways; interior access drives; trash containers; or, outdoor storage; Ord. No.: 9495-04 Section 21-04.02 GI General Industrial District ii. Rear Yards -Minimum rear yards may include parking areas, loading areas, interior access driveways, interior access drives or outdoor storage; provided, however, that the remainder of said yards shall be maintained as open space free from buildings or structures, and that the area of each such minimum yard that would have been devoted to perimeter yard landscaping and the amount of landscape material that would have been required to be installed in such perimeter yard landscaping, if not complying with the special provisions of this sub-Section, are provided elsewhere on each of the affected lots as either additional foundation landscaping, additional interior parking area landscaping or additional front perimeter landscape yard landscaping, and documentary assurances are provided on the final plat or by other legally binding instrument which binds the adjoining lots to be developed in compliance with the special provisions of this sub-Section allowing such minimum yards to be used for parking areas, loading areas, interior drives or interior access drives subject to the provision of such additional foundation landscaping area or additional interior parking area landscaping. Street Out Lot Side Yard . of Lot ~ ~ Front Yard m of Lot - Lot N 9' Rear Yard ~ E- of Lot 0 m J ~ ~ Side Yard ~ of Lot N Lot Front Lot Line of Industrial Park Front Yard of Ind. Pk. Out Lot Out Lot ut Lot Out Lot Front Yard of Lot Interior Access Drive /Public Street /Private Street Lot Lot Rear Yard Side Yard of Lot of Lot Lot Side Yard of Lot INDUST IAL PARK Lot Lot Front Yard Front Yard of Lot of Lot Lot } Lot t Lot Rear Lot Line of Industrial Park ~-~-~++ -Lot Lines in Common with Other Lots Within the Same Industrial Park. Minimum Yards for Lots Within the Same Industrial Park Out Lot Lot Lot a v c 0 m J 0 J m N 6 Ord. No.: 9495-04 Section 21-04.02 GI General Industrial District (4) Maximum Building Height -one-hundred and fifty (150) feet or twelve (12) stories, provided however, that the setback for that portion of any building or structure which is in excess of thirty-five (35) feet shall be increased by one (1) foot for each one (1) foot of the height of the building or structure above thirty- five (35) feet until the maximum height of the building or structure is allowed. (5) Landscaping -See Section 21-07.01-Landscape Regulations. (6) Lighting -See Section 21-07.02 - Li ting Regulations. (7) Signs -See Section 21-07.03 - Si~egulations. (8) Parking -See Section 21-07.04 -Off-Street Parking Regulations. (9) Loading -See Section 21-07.05 -Off-Street Loading Regulations. (10) Outdoor Storage and Operations. (A) Operations All operations, servicing and processing located within three-hundred (300) feet of a Residential district boundary (except outside storage, off-street parking and off-street loading) shall be conducted within completely enclosed buildings. (B) Storage All storage of materials or products shall be either: i. within completely enclosed buildings; or, ii. within a defined storage area in compliance with the following: a. Location of Outdoor Storage -Outdoor storage shall not be permitted in any minimum front yard, minimum side yard, minimum rear yard, minimum front residential bufferyard, minimum side residential bufferyard or minimum rear residential bufferyard. b. Screening -Outdoor storage areas shall be screened from view from all lot lines by buildings or: 1. a chain link, lattice, or similar type fencing with an open space of 30% or greater, supplemented by a Type C: Full Screening landscaping (See Section Ord. No.: 9495-04 Section 21-04.02 GI General Industrial District 21-07.01, Table 21-07.01- A, Note C for details) located between the edge of the outdoor storage area and lot line; or, 2. a ornamental, solid wall, architectural screen, masonry or similar type fence with an open space of less than 30%, including entry/exit gates made of materials compatible with the fence, supplemented by a Type B: Partial Screening landscaping (See Section 21-07.01, Table 21-07.01- A, Note B for details) located between the edge of the outdoor storage area and the lot line. c. Height of Fence -The height above grade of said fence shall be at least six (6) feet and shall not exceed ten (10) feet. d. Height of Outdoor Storage: 1. Within three-hundred (300) feet of a Residential District -shall not exceed the height of the fence; or, 2. Three-hundred (300) feet or more from a Residential District -may exceed the height of the fence. (C) Amount of Outdoor Storage and Operations The total area devoted to outdoor storage and operations shall not be limited, provided: i. all regulations of this Section 21-04.02 (b) (10) are complied with; and, ii. outdoor storage or operations in excess of fifty (50) percent of the total lot area shall be approved as a Special Exception Use. Ord. No.: 9495-04 Section 21-04.11 General Regulations for Industrial Districts Section 21-04.11 General Regulations for Industrial Districts. (a) Accessory Uses, Buildings and Structures. (1) Permitted Accessory Uses, Buildings and Structures. Accessory uses, buildings or structures shall be permitted in all Industrial Districts, provided, however, that the primary use which is supported by the accessory use, building or structure is a permitted use within the district to which a lot is zoned. Accessory uses, buildings or structures shall not be permitted on a lot, out lot, integrated center, or industrial park prior to the erection of a primary building on the lot, out lot, integrated center, or industrial park. By way of example only, some typical accessory uses, buildings and structures in the Industrial Districts are: fences, trash containers, and recycling containers. (2) Development Standards for Accessory Uses, Buildings or Structures in All Industrial Districts. Accessory uses, buildings or structures shall comply with all development standards of the applicable district unless an exception is specifically provided for in this Section. Accessory uses, buildings or structures shall not encroach upon any platted easements unless specifically authorized by the terms of the easement or by written consent of the agency in whose favor the easement is granted. (3) Additional Development Standards for Accessory Uses, Buildings or Structures in any Industrial District. Accessory uses, buildings or structures permitted in any industrial district shall also comply with the following additional development standards: (A) Fences (including chain link, solid, architectural screen, lattice-work or masonry): i. shall not exceed six (6) feet in height above grade if located between the front facade of the primary building and the front lot line; ii. Shall not exceed ten (10) feet in height above grade in a required side yard or a required rear yard; Ord. No.: 9495-04 Section 21-04.11 General Regulations for Industrial Districts iii. Shall not include any barbed, electric, razor or other similar type of security wire when located between the front facade of the primary building and the front lot line; and, iv. Shall comply with Section 21-01.01 (t) -Clear Si t Area requirements of this Ordinance. Rear Lot Line .J O J Primary Building Facade a~ .J .~ O J a] ^ r ^ Area between front facade of the primary building and the front lot line Front Lot Line (B) Trash containers -Trash containers exceeding thirty-six (36) cubic feet shall: i. be screened on at least three sides by a building wall or a solid- walled enclosure, not less than six (6) feet in height nor more than ten (10) feet in height above grade, equipped with an opaque screen gate, and any solid-walled portion of the enclosure shall be provided with foundation landscaping as specified in Section 21- 07.01 -Landscape Regulations; ii. not be located between the front facade of the primary building and the front lot line; and, iii. not be located in any minimum front yard, minimum side yard, minimum rear yard, minimum front residential bufferyard, minimum side residential bufferyard or minimum rear residential bufferyard, unless specifically listed as an authorized Use of Minimum Yards in the applicable district. (C) Signs -shall comply with the regulations of Section 21-07.03 -Sign Regulations of this Ordinance. Ord. No.: 9495-04 Section 21-04.11 General Regulations for Industrial Districts (D) Parking Areas -shall comply with the regulations of Section 21-07.04 - Off-Street Parking Regulations of this Ordinance. (E) Loading Areas -shall comply with the regulations of Section 21-07.05 - Off-Street Loadin>; Regulations of this Ordinance. (F) Drive through facilities -shall be so designed that: >.. ii drive through lanes do not conflict with the safe and efficient flow of traffic into and out of required parking spaces or loading spaces; drive through lanes have a "bail out" capability for all vehicles which have entered the drive through lane; Drive Through Facility Drive Through Lane -10' Mln. -~ Bail Out Lane -12' Mln. _~ MMinuin f1Yn~n~bn rti. r.u~ sae.e. iii. DRNE THROUQH /BAIL OUT YVRfI PARKING AREA BEYOND Drive Through Facility Drfve Through Lane -10' Mln. Bail Out Lane -12' Mln. COMBINED DRIVE THROUGH, BAIL OUT d~ PARKING the minimum drive through facility standards include: a. a drive through lane with a minimum width often (10) feet measured from the furthest point of projection of a drive through facility from the building or structure; and, b. a "bail out" lane with a minimum width of twelve (12} feet measured from and running parallel to the full length of the drive through lane; Ord. No.: 9495-04 Section 21-04.11 General Regulations for Industrial Districts iv. if a "bail out" lane also serves as an interior access drive providing access to parking spaces, the "bail out" lane /interior access drive shall be limited to a one-way traffic pattern following the direction of the drive through lane; v. if a parking area is developed beyond the "bail out" lane, the parking area shall be separated from the "bail out" lane by a curbed island having a minimum width of three (3) feet; vi. provide at least five (5) waiting spaces prior to the first occurrence of any ordering, pick-up or service facility; and, vii. provide sufficient room for at least one (1) waiting space after exiting the last pick-up or service facility. (G) Gasoline Dispensers and Pump Island Canopies. Gasoline dispensers and pump island canopies shall: i. not be located within any minimum front yard, side yard, rear yard, front residential bufferyard, side residential bufferyard or rear residential bufferyard unless specifically authorized in the "Use of Minimum Yards and Residential Bufferyards" sub-Section of the applicable district; and, ii. shall be provided with adequate on-site maneuverability so as to avoid any interference with through traffic on any public right-of--way. Ord. No.: 9495-04 Section 21-04.11 General Regulations for Industrial Districts (b) Temporary Uses, Buildings and Structures. (1) Permits Required. A temporary use, building or structure which is in compliance with the provisions of this Section, shall be allowed on a lot or out lot in any Industrial district. A temporary use, structure or building which will be converted into a permanent primary or accessory use after the cessation of the temporary use shall be required to obtain an improvement location permit prior the establishment of the use or the construction of any structure or building. A temporary use, structure or building which will be removed from the site upon cessation of the temporary use shall comply with the regulations contained in this Section, and shall obtain an improvement location permit. (2) Permitted Temporary Uses, Buildings and Structures. By way of example only, permitted temporary uses, buildings and structures include: construction trailers and leasing offices. (3) Duration. Except as specifically provided otherwise in this Section, a temporary use, building or structure shall be permitted for a period not to exceed one (1) year. Except as specifically provided otherwise in this Section, the improvement location permit, if required, may be renewed one (1) or more times by the Zoning Administrator, for good cause shown, for an additional period(s) not to exceed a total of three (3) years beyond the original expiration date. (4) Compliance with Development Standards. Any temporary use, building or structure shall comply with all applicable development standards and setback requirements in the district in which the temporary use, building or structure is located. Temporary construction trailers, freestanding leasing offices, and other temporary uses which shall not be converted into a permanent primary or accessory use, shall be exempt from the requirement to provide a hard surfaced parking area. (5) Cessation of Use. All buildings, structures or debris associated with the temporary use shall be removed from the site immediately upon completion or cessation of the temporary use or expiration of the time period set forth above. Ord. No.: 9495-04 Section 21-04.11 General Regulations for Industrial Districts (c) Performance Standards. All use in existence prior to the effective date of this Ordinance or established after the effective date of this Ordinance in any Industrial District shall comply with the performance standards of the applicable municipal, state or federal regulations pertaining to: vibration; smoke, dust and particulate matter; noxious matter; odor; noise; heat; glare; or, waste, and shall be subject to enforcement action by the applicable municipal, state or federal agency responsible for monitoring and enforcing such regulations. 6 Ord. No.: 9495-04 Section 21-04.11 General Regulations for Industrial Districts (d) Zoning Violations in Industrial Districts. The following shall be deemed violations of this Ordinance and shall be enforceable by the City of South Bend as set forth in Section 21-10 -Enforcement of this Ordinance: (1) The conduct of any activity in an Industrial district that is not specifically enumerated as a permitted primary use or accessory use in that district, and which activity has not been legally established by a currently valid variance, special exception or other approval grant; (2) Failure to comply with district development standards, including but not limited to landscaping, paving of parking areas, minimum parking space requirements, trash dumpster enclosure, fencing or screening requirements; or, (3) The failure to comply with the terms, provisions or conditions of: a grant of variance or special exception; an approval of a development plan; an approval of a conditional use district; or, other approval grant authorized by this Ordinance. Ord. No.: 9495-04 Section 21-04.11 General Regulations for Industrial Districts (e) Additional Development Standards. (1) Additions Along a Legally Established Nonconforming Setback. The minimum front yard, minimum side yard or minimum rear yard for any legally established nonconforming building having a setback which is less than that which is required by this Ordinance shall be allowed to expand one (1) or more times along such legally established nonconforming setback provided the applicant can demonstrate that: (A) all other applicable development standards, except the one (1) legally established nonconforming building setback to be expanded upon, are in compliance with the requirements of the district; (B) a minimum of two (2) of the other applicable development standards will be brought into compliance with the requirements of the district; or, (C) a minimum of four (4) of the other applicable development standards will be reduced as to their extent ofnon-conformity by the maximum extent feasible given site constraints and such that, in the determination of the Zoning Administrator, conditions on the lot will be improved. For the purposes of this sub-Section, other applicable development standards shall include the following sub-Sections of each district: Use of Minimum Yards and Residential Bufferyards; Maximum Building Height; Landscaping; Lighting; Signs; Parking; Loading; Greenway Conneciton; and, Outdoor Operations. The provisions of this sub-Section shall not be applicable to any lot which includes a side residential bufferyard or a rear residential bufferyard (i.e., abuts a residential district on along a side lot line or a rear lot line). (2) Additional Front Setback Provisions. (A) Public Streets In the case where the thoroughfare plan does not include a proposed right-of--way, or where the existing right-of--way is greater than the proposed right-of--way, the existing right-of--way line shall be used for setback measurement. Ord. No.: 9495-04 Section 21-04.11 General Regulations for Industrial Districts (B) Public Streets and Private Streets. i. The minimum front yard and minimum building setback from the right-of--way line of a private street shall be the same as for a local public street in the applicable Industrial district. ii. The setback provisions of this Ordinance are subject to the following modification: In any block in any Industrial district contained in this Ordinance in which an existing front yard setback is established by existing, legally established buildings or structures on more than sixty percent (60%) of the total number of lots within the same block face fronting on the same public street, the minimum required 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 dimension is less than the minimum front yard setback established by this Ordinance. iii. Any development permitted within a required front yard shall be those specified in the "Use of Minimum Yards and Residential Bufferyards" sections of the applicable Industrial district. (3) Setback Regulations for Laterally-Supported Extensions. Notwithstanding any setback regulations of this Ordinance to the contrary, laterally-supported extensions, such as canopies, sills, belt courses, eaves, cornices, bay windows, roof overhangs or other ornamental features, may extend a maximum of twelve (12) inches into any minimum front yard, minimum side yard or minimum rear yard. (4) Height Regulations for Roof Mounted or Roof Piercing Structures. The following regulations shall apply to the roof mounted or roof piercing structures in any Industrial District: (A) Parapet walls may exceed the maximum building height, provided such parapet wall do not exceed four (4) feet in height above the roof line; and, Ord. No.: 9495-04 Section 21-04.11 General Regulations for Industrial Districts (B) Roof mounted or roof piercing chimneys, cooling towers, elevator bulkheads, mechanical penthouses, stacks, stage towers, scenery lofts, water towers, radio or television antenna, ornamental towers, cupolas, domes, steeples and spires, may exceed the maximum building height, provided such structures do not exceed twenty-five (25) feet in height above the roof line. 10 Ord. No.: 9495-04 Section 21-04.11 General Regulations for Industrial Districts (f) Requirements for All Private Streets and Private Alleys. See Section 21-01.01 (u) -Requirements for All Private Streets and Private Alleys. 11 Ord. No.: 9495-04 Section 21-05 Planned Unit Development District ARTICLE 5 PLANNED UNIT DEVELOPMENT DISTRICT SECTION 21-05 PLANNED UNIT DEVELOPMENT DISTRICT. (a) Intent The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. The PUD District is not intended for the development of residential subdivisions or other developments which are provided for as a matter of right within any district of this Ordinance. (b) Permitted Uses, Development Standards And Minimum Requirements (1) Permitted Uses. Primary uses in the PUD District shall be any use or range of uses specified in the PUD District Ordinance establishing such District, either in text form or as noted in the preliminary plan filed with the petition for zone map change, or any combination thereof. Primary uses, by way of example, may include any residential, commercial or industrial land use, or any individual land use or combination of land uses deemed appropriate for the real estate. Accessory uses, home occupations or temporary uses, unless otherwise specified in the petition for zone map change to the PUD District and incorporated into the PUD District Ordinance establishing such District, shall be permitted in a manner customarily associated with the primary use specified in the PUD District ordinance. (2) Development Standards. Development standards applicable to a PUD shall be those standards specified in the PUD District Ordinance establishing such district, either in text form or as noted on the preliminary plan filed with the petition for zone map change, or any combination thereof. Every petition for zone map change to the PUD District shall specify development standards applicable to each permitted use in the PUD and, at a minimum, shall adopt or include a variation of each development Ord. No.: 9495-04 Section 21-05 Planned Unit Development District standard that is applicable to each such use in the district in which each such use is first permitted. In any case in which an applicable development standard has not been specified in the petition for zone map change to the PUD District, the development standard shall be that which is specified in the district in which the use is first permitted unless the petition for zone map change to the PUD District contains: (i) a statement that the petitioner does not want an otherwise applicable development standard for any permitted use in the PUD to be applicable; (ii) an alternate development standard; and, (iii) such statement and alternate development standard are included in the PUD District Ordinance establishing such district. (3) Area Requirements. Minimum Area Requirements -There shall be no minimum area requirement for the filing of a petition for zone map change to the PUD District, provided however, for any petition which does not exceed: (A) In-fill development -five (5) acres. (B) All other developments -twenty (20) acres. the petitioner shall file a statement with the petition for zone map change to the PUD District as to why a PUD District is required and how the proposed PUD District meets the intent of this Section. (c) Procedure For Approval Of A Planned Unit Development The complete review and approval process for a Planned Unit Development consists of three (3) elements: Concept Plan Review; Zone Map Change and Preliminary Plan Approval; and, Secondary Approval. To facilitate the use of this PUD District, a petitioner may elect to proceed with each element listed above separately or may elect to combine certain elements for joint approval as set forth in Section 21-OS (c) (3) (B), below. If a petitioner elects to combine certain elements, all elements elected to be combined shall be docketed before the Area Plan Commission for a joint hearing. If filed separately, the procedure for filing for approval of a zone map change shall be the same as that required for any other petition for zone map change before the Area Plan Commission, except as otherwise provided for in this Section. The procedure for filing for secondary approval is set forth in this Section 21-OS (c). 2 Ord. No.: 9495-04 Section 21-OS Planned Unit Development District (1) Filing Of A Concept Plan For Review By Staff The petitioner shall submit a concept plan, which maybe supplemented with a written description of the proposed PUD, for review by the Staff prior to filing a petition for zone map change to the PUD District. Staff shall review the proposed concept plan taking into consideration information regarding the terrain of the site and any unique natural features of the site. In doing so, the review by Staff may include, but shall not be limited to, the following: (A) Protection of unique topographical features on the site, including, but not limited to, slopes, streams, natural water features, floodways, floodplains and regulated drains; (B) Protection and preservation of wooded areas, individual trees of significant size, wetlands, or other environmentally sensitive features; (C) Development of common areas, open space or recreational areas (passive or active) accessible to the residents or users of the PUD by way of sidewalks, footpaths or combined walkways/bikeways; (D) Amore efficient use of the land including the reduction of land area disturbed for utility lines and motor vehicle access; (E) Creation of innovative residential and business environments; (F) Minimize the alteration of the natural site features through the design and situation of individual lots, streets and buildings; (G) Diversity and originality in lot layout; (H) Utilization of individual building designs which achieve an enhanced relationship between the development and the land; and, (I) Relationship to surrounding properties. The Executive Director shall notify the petitioner of any Staff comments related to the design of the proposed concept plan submitted for review within fifteen (15) business days of the such submittal. Upon receipt of Staff comments, the Petitioner may: (i) modify the proposed concept plan and resubmit a revised concept plan for a second round of review by Staff; or, (ii) file a petition for zone map change as set forth below. Ord. No.: 9495-04 Section 21-05 Planned Unit Development District Notwithstanding anything contained in this Ordinance to the contrary, neither the Staffs review of the proposed concept plan submitted for review nor Staffs comments to the petitioner relating thereto shall be considered a denial, approval or decision concerning the proposed concept plan. (2) Filing Petition For Zone Map Change Petition - A PUD District Ordinance petition shall contain a preliminary plan that satisfies the requirements below, and shall specify in either general terms or detailed terms the permitted uses and development standards that will apply to the real property included in said petition. Detailed Terms - A preliminary plan which includes a detailed description of all development requirements that apply to the proposed PUD on any of the site plans, building elevations, landscape plans, sign plans, or any other plan required by this Ordinance in sufficient detail to fulfill the requirements for the issuance of an improvement location permit, shall be deemed to have expressed, in detailed terms, the development requirements that apply. General Terms -All preliminary plans or submittals which do not comply with the requirements above for detailed terms shall be deemed to have expressed the development requirements that apply to the proposed PUD in general terms only and shall require the secondary approval, as set forth below, prior to the issuance of an improvement location permit. Preliminary Plan - A preliminary plan shall satisfy the following requirements: (A) Preliminary Plan contents: i. A drawing, map, plan or other graphic representation of the overall development which: a. depicts the location of proposed land uses and maximum land use densities; and, b. expresses development standards in either general terms or detailed terms; ii. Proposed layout of streets, open space and other basic elements of the development; iii. Proposals for handling traffic, parking, sewage disposal, drainage, tree preservation, and other pertinent development features; 4 Ord. No.: 9495-04 Section 21-05 Planned Unit Development District iv. The current zoning of the area proposed to be developed as well as the current zoning of the adjacent land; v. A proposed breakdown of sections to be contained in the overall development along with a statement as to the order and timing of development; vi. All public and private streets and pedestrian ways within two-hundred (200) feet of the site; vii. North arrow, written and graphic scale, general location map; and, viii. Percentage of site devoted to open space. (B) The Preliminary Plan shall be drawn to a scale of not more than 1 "=100' and shall be on plan sheets shall not exceed 24" X 36" in size. (C) Determination by the Area Plan Commission. In its determination of the appropriateness ofthe proposed PUD and whether to recommend approval of the zone map change to the Common Council, the Area Plan Commission shall pay reasonable regard to the extent to which the proposal: i. accomplishes the intent set forth in Section 21-OS (a), above; and, ii. provides for the protection or provision of the site features and amenities outlined in Section 21-OS (c) (1), above. (3) Preliminary Plan Approval And Secondary Approval (A) Preliminary Plan Approval. If the preliminary plan expresses development standards in general terms, as described above, secondary approval as set forth in Section 21-OS (c) (5), below, shall be required prior to the issuance of an improvement location permit for any development pursuant to the PUD District Ordinance. (B) Combined Preliminary Plan Approval and Secondary Approval. If the preliminary plan expresses development standards in detailed terms, as described above, the Petitioner may also request secondary approval in connection with the approval of the zone map change to the PUD District, provided that any such approval shall be conditioned upon the Common Ord. No.: 9495-04 Section 21-OS Planned Unit Development District Council adopting the zone map change to the PUD District. The requirements for a secondary approval aze set forth in Section 21-5 (c) (5), below. If the preliminary plan expresses the development standards in detailed terms, as described above, the PUD District Ordinance must specify any plan documentation or supporting information that must be supplied before an improvement location permit may be issued for development of real property in the planned unit development district. (4) Commitments, Conditions Or Surety (A) Commitments. Commitments may be permitted or required of the owner of the real property in connection with: (i) a zone map change for a PUD District; (ii) a secondary approval of a PUD; or, (iii) a modification of permitted uses or development requirements of a PUD, as set forth in Section 21- 09.02 (d) -Commitments of this Ordinance. (B) Conditions. Conditions maybe imposed on the approval of a PUD District which are reasonably necessary to assure compliance with the permitted use, development standards and minimum requirements of the PUD District Ordinance. (C) Surety. Bonds or other written assurance maybe required which aze reasonably necessary to guarantee the timely completion of a public improvement required by the proposed by the PUD District Ordinance. Such bond or other written assurance shall be satisfactory to the Executive Director and shall run to the Board of Public Works. (5) Secondary Approval (A) Secondary Approval Required -Secondary approval is required in the PUD District as a prerequisite to the issuance of an improvement location permit for development of any real property in such district. (B) Time Period for Obtaining Secondary Approval - If secondary approval is not obtained from the Area Plan Commission in a joint hearing with the petition for zone map change to the PUD District, petitioner shall have a period of up to three (3) years from the date of the approval of the petition for zone map change to the PUD District by the Common Council in Ord. No.: 9495-04 Section 21-OS Planned Unit Development District which to file for secondary approval, in total or in phases, for approval by the Executive Director. The Executive Director shall review the request for secondary approval for consistency with the preliminary plan approved by the Common Council in connection with the petition for zone map change to the PUD District. If a secondary approval is filed for in phases, each subsequent phase shall be filed for within three (3) years of the approval of the prior phase. In the event that secondary approval is not obtained for all or a portion of the PUD within the time frames outlined above, the preliminary plan shall be deemed to have expired for that portion of the PUD that has not received secondary approval, except for the location and density of proposed land uses depicted on such preliminary plan. Once a preliminary plan has expired for any portion of the PUD, no development shall occur within the expired portions of the PUD until: (i) a new preliminary plan is approved by the Area Plan Commission at a public hearing, notice of which shall be given in the same manner as for a petition for zone map change; and, (i) a secondary approval, as required by this Section, has been obtained. (C) Secondary Approval -Secondary approval authority is hereby delegated to the Executive Director. The Executive Director shall have a period of not more than fifteen (15) business days in which to review the proposed secondary approval application and either: i. Render a decision of approval or denial concerning the secondary approval; or ii. Request, in writing, additional information from the applicant. If additional information is requested, the Executive Director shall have an additional period of fifteen (15) business days to review the information from the date the requested information is received. The Executive Director may seek the advice and comment of the Executive Committee of the Area Plan Commission or other Staff`' members, as deemed appropriate, prior to making a decision. Any decision of the Executive Director under this Article, maybe appealed by any interested party to the Area Plan Commission in accordance with the procedures of Section 21-OS (h), below. Ord. No.: 9495-04 Section 21-OS Planned Unit Development District If, in the sole discretion of the Executive Director, there are questions regarding how the application for secondary approval fulfills the intent of the PUD District Ordinance or how the secondary approval expresses in detailed terms the general terms approved as part of the preliminary plan and zone map change to the PUD District, the Executive Director may refer the proposed secondary approval to the Area Plan Commission for review and determination. (D) Proceedings /Notice -The proceedings required for secondary approval shall be the same as those required by this zoning ordinance for the review and issuance of an improvement location permit. (E) Expiration of Secondary Approval - A secondary approval shall expire one (1) year after the date of final approval unless an improvement location permit has been issued for the use or development of the property. Once a secondary approval has expired for any portion of the PUD, no development shall occur within the expired portions of the PUD until a new secondary approval, as required by this Section, has been approved. (F) Supporting Documentation -Before the issuance of a secondary approval, the petitioner must file an application requesting secondary approval and submit plans consisting of the following: Area map insert showing the general location of the proposed development referenced to major streets and section lines. ii. Location map showing the names of all metes and bounds property owners, boundary lines of recorded subdivisions, zoning and land uses of adjacent properties. iii. Proposed name of the PUD. iv. Legal description of the real estate. v. Boundary lines of the proposed PUD. vi. Location and name of all existing and proposed public or private streets, roads, access easements and rights-of--way within two-hundred (200) feet of the real estate. Ord. No.: 9495-04 Section 21-05 Planned Unit Development District vii. Location of all existing and proposed utility facilities and easements, including, but not limited to: sanitary sewer, water, storm water management, electric, gas, telephone and cable within two-hundred (200) feet of the real estate. viii. Layout, number and dimension of all lots and out lots with zoning setback lines. ix. Location, delineation and elevation of all floodway and floodway fringe areas within the boundaries of the PUD. x. Drainage plan. xi. Landscape plan. xii. Sign plan. xiii. An erosion control plan for all areas of site disturbance. xiv. Topographic contour every two (2) feet superimposed upon the proposed site plan portion of the site covered by the submitted plans. xv. Proposed elevation of all building pads within the proposed development. xvi. All improvements to street system, on-site and off-site. xvii. Sidewalk plan or alternate plan for walkways or other pedestrian ways. xviii. Plans and specifications for all infrastructure improvements required or proposed in the PUD. xix. Areas reserved for park, conservation, wetland, common area, lake or other similar uses. xx. Proposed covenants, conditions and restrictions, if any. xxi. The character and approximate density of all proposed uses and structures in the plan area. xxii. Any other information specified elsewhere in the this Ordinance as a prerequisite to the issuance of an improvement location permit. 9 Ord. No.: 9495-04 Section 21-OS Planned Unit Development District xxiii. Any other information requested in writing by the Executive Director or Area Plan Commission in connection with the preliminary plan approval or requested in writing by the Executive Director within fifteen (15) business days of filing. The Area Plan Commission or Executive Director, during secondary approval review, shall specify any additional plan documentation or supporting information beyond that required by this Section 21-OS (c) (5) (F), which must be supplied before an improvement location permit may be issued for the development of any real estate located in the PUD District. (G) Required Findings -The Area Plan Commission or Executive Director may issue a secondary approval only upon a finding that: i. the plans submitted for secondary approval satisfy the permitted uses and development standards specified in the PUD District Ordinance establishing such PUD District; ii. the plans submitted for secondary approval accomplish the intent set forth in Section 21-OS (a), above; and, iii. the plans submitted for secondary approval provide for the protection or provision of the site features and amenities outlined in Section 21-OS (c) (1), above. Written findings of each determination to approve or disapprove a secondary approval. If the Area Plan Commission makes a determination regarding a secondary approval, the written findings shall be signed by the President of the Area Plan Commission. If the Executive Director makes a determination regarding a Secondary Approval, the written findings shall be signed by the Executive Director. Said secondary approval and written findings, upon approval, shall be sealed with the Seal of the Area Plan Commission and retained in the office of the Area Plan Commission to be used in its continuing administration of the PUD. 10 Ord. No.: 9495-04 Section 21-OS Planned Unit Development District (d) Modification Of Preliminary Plan Or Secondary Approval Minor modifications to a preliminary plan or secondary approval which has already received approval from the Area Plan Commission or the Executive Director and which do not involve: (a) an increase in height, area, bulk or intensity of land uses; (b) the designation of additional land uses; (c) the reduction in perimeter yards; (d) an encroachment into any drainage easement, regulated drain setback or floodplain; (e) the addition of driveways or access points; or, (f) reduction in the amount of parking for any use below that which is required by Section 21-07.04 of this Ordinance, maybe authorized by the Executive Director without a public hearing in its continuing administration of the PUD if, in the determination of the Executive Director, the requested minor modifications do not adversely impact the purpose or intent of the overall development. If the Executive Director determines that the proposed modification is of such a nature as to adversely impact the purpose or intent of the overall development, or if the proposed modification includes: (a) an increase in height, azea, bulk or intensity of land uses; (b) the designation of additional land uses; (c) the reduction in perimeter yards; (d) an encroachment into any drainage easement, regulated drain setback or floodplain; (e) the addition of driveways or access points; or, (f} reduction in the amount of pazking for any use below that which is required by Section 21-07.04 of the Ordinance, Petitioner shall be required to file a new petition for zone map change. (e) Secondary Plat Approval The process for the approval and recording of a secondary plat for any development in a PUD approved pursuant to this Section 21-OS shall be issued in a manner consistent with that for any other subdivision within the City of South Bend as set forth in Chapter 21, Article 8 -Subdivisions (or any successor Subdivision Control Ordinance) and with any additional requirements or commitments entered into in connection with the approval of the preliminary plan pursuant to this Section 21-05. The approval and recording of a secondary plat is required prior to the issuance of a improvement location permit for any improvements on a lot. (f) Maintenance Of Common Open Space In those PUD Districts in which open space, common areas or recreation azeas aze provided for the use and enjoyment of residents or users of the PUD District, the petitioner shall file documentary assurances that the permanent dedication and continuous maintenance of open space, common areas or recreation areas shall be made in accordance with the approved preliminary plan and secondary approval, and that the open space, common azeas and recreation azeas shall be made available to the residents and users of the overall development in the PUD at a reasonable and non-discriminatory rate of charge. Such documentary assurances shall be incorporated into the secondary 11 Ord. No.: 9495-04 Section 21-05 Planned Unit Development District plat that is recorded in the Office of the St. Joseph County Recorder or otherwise provided for through legally binding perpetual agreements as approved by the Area Plan Commission. Such open space shall perpetually run with the PUD and shall not be developed or separated from the overall development in the PUD at a later date (unless no development of any portion of the PUD which is benefited by the open space, common areas or recreation areas has occurred and the entire area subject to the PUD is presented for zone map change). (g) Extensions Extensions of time, in six (6) month increments not to exceed a total of two (2) years, for obtaining secondary approval maybe granted by the Executive Director for good cause shown. In the event that the Executive Director disallows a requested extension, the petitioner may appeal said determination to the Area Plan Commission within thirty (30) days of being notified of such determination. (h) Appeals Of Executive Director's Decisions (1) Appeal Process Any order, requirement, decision or determination by the Executive Director regarding a secondary approval, or a modification of a preliminary plan or secondary approval, maybe appealed to the Area Plan Commission by any person claiming to be adversely affected by that order, requirement, decision or determination. The procedures for such an appeal are as follows: (A) Every appeal shall be filed within thirty (30) days from the order, requirement, decision or determination. (B) All appeals shall be determined by the Area Plan Commission at a public hearing for which notice has been provided as follows: i. a remonstrator shall send notice to the owner of the real estate, the applicant for the secondary approval, or a modification of a preliminary plan or secondary approval, and all abutting property owners; ii. a petitioner shall send notice to the owner of the real estate and all abutting property owners; iii. notice shall be sent as provided by rule ofArea Plan Commission. 12 Ord. No.: 9495-04 Section 21-OS Planned Unit Development District (C) The Area Plan Commission hearing shall be de novo, in the same manner as though the application was originally filed with the Area Plan Commission. (D) The decision of the Area Plan Commission with respect to a secondary approval, or a modification of a preliminary plan or secondary approval, shall be a final decision that may be reviewed only by certiorari procedures as provided in I.C. 36-7-4-1016. 13 Ord. No.: 9495-04 Section 21-06.01 Historic Preservation ARTICLE 6 OVERLAY AND SPECIAL USE DISTRICTS SECTION 21-06 OVERLAY AND SPECIAL USE DISTRICTS REGULATIONS Section 21-06.01 Historic Preservation. Reserved for future use. Ord. No.: 9495-04 Section 21-06.02 U University District Section 21-06.02 U University District. Intent - The U University District is established to promote the development, expansion and modernization of a major college or university campus, in which a diversity of uses, functions, and facilities is necessary to best perform the functions of a college or university and to permit appropriate uses necessary to facilitate the highest level of education. The U District may also provide for a wide range of commercial type uses which are accessory to or typically associated with a college or university campus (e.g., bookstore, hotel, food sales & service, school supplies, personal services, convenience stores, etc.) and located on the campus. (a) Permitted Uses. (1) Primary Uses: University Uses: Including but not limited to: Administrative Offices; Assembly Halls; Athletic or Convocation Facilities; Classroom Buildings; Library; Teaching or Research Facilities or Laboratories; Stadiums or Arenas; Student Housing, including but not limited to Dormitories, Graduate Student Housing, Married Student Housing, Fraternity Houses, Sorority Houses or other Group Dwellings; Student Unions. (2) Special Exception Uses: Any use which is indirectly related to the operations of a major college or university, but which use may include characteristics more typically associated with heavy commercial or industrial districts, including but not limited to: Airport; Heliport. (3) Accessory Uses -Any use which is appropriate and incidental to the primary uses permitted within the U District, and which is owned or occupied by the applicable college or university. Such accessory uses, by way of example, shall include but not be limited to: Cemetery; Child Care Center; Crematory; Golf Course; Utilities (water plants, power plants, treatment plants, etc.). (4) Temporary Uses -See Section 21-03 11 (bl -Temporary Uses, Buildings and Structures. (b) Development Standards. (1) Minimum Lot Width and Frontage -each college or university shall have a minimum lot width and frontage on a public street ofone-hundred (100) feet. (2) Minimum District Area -each University District shall include a minimum of five (5) contiguous acres. Ord. No.: 9495-04 Section 21-06.02 U University District (3) Yards and Building Setbacks (A} Frant - a front yard and building setback measured from the greater of the proposed right-of--way or existing right-of--way shall be provided as follows: Limited Access Highway: 50' All other Streets: 25' (B) Minimum Side Yard and Setback -The minimum side yard and setback shall be as follows: i. Abutting any UDistrict - 0' ii. Minimum Side Yard -10' iii. Minimum Side Residential Bufferyard - 20' (C) Minimum Rear Yard and Setback -The minimum rear yard and setback shall be as follows: i. Abutting any UDistrict - 0' ii. Minimum Rear Yard -10' iii. Minimum Rear Residential Bufferyard - 20' (4) Use of Minimum Yards and Residential Bufferyards. All minimum yards and residential bufferyards shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in Section 21- 07.01 -Landscape Requirements of this Ordinance and shall remain free from structures except where expressly permitted below: (A) Minimum front yards along limited access highways -may include: parking areas, loading areas, interior access drives, or interior access driveways, provided that no portion of such area maybe located closer to the right-of--way than twenty-five (25) feet; or signs as regulated by Section 21-07.03 - Sim Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures; 2 Ord. No.: 9495-04 Section 21-06.02 U University District ii. along all other streets -may include: parking areas, provided that no portion of the parking area maybe located closer to the right- of-way than fifteen (15) feet; driveways; or signs as regulated by Section 21-07.03 - Si Re lations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures. (B) Minimum Front Residential Bufferyards -may include: driveways; or, signs as regulated by Section 21-07.03 -Sign Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures; (C) Minimum Side Yards and Rear Yards -may include: interior access driveways; or, walkways or other pedestrian way connections to adjoining lots, provided that the remainder of said side yards shall be maintained as open space free from buildings or structures; (D) Minimum Side Residential Bufferyards and Rear Residential Bufferyards - shall be maintained as open space free from buildings or structures. (5) Maximum building height -unlimited, provided, however, whenever a minimum setback is measured from: (A) a front lot line across from a district which permits single family dwellings as a permitted use (either under this Ordinance or a zoning ordinance adopted by an abutting jurisdiction); or, (B) aside lot line or rear lot line abutting a district which permits single family dwellings as a permitted use (either under this Ordinance or a zoning ordinance adopted by an abutting jurisdiction), the maximum building height shall not exceed thirty-five (35) feet plus one (1) additional foot of setback for each one (1) foot or portion thereof in building height in excess of thirty-five (35) feet. (6) Landscaping -See Section 21-07.01 -Landscape Regulations. (7) Lighting -See Section 21-07.02 -Lighting Regulations. (8) Signs -See Section 21-07.03 -Sign Regulations. (9) Pazking -See Section 21-07.04 -Off-Street Parking Regulations regarding design and construction of pazking azeas. (10) Loading -See Section 21-07.05 -Off-Street Loading Regulations regarding design and construction of loading areas. 3 Ord. No.: 9495-04 Section 21-07.01 Landscape Regulations ARTICLE 7 GENERAL REGULATIONS SECTION 21-07 GENERAL REGULATIONS Section 21-07.01 Landscape Regulations. Intent -Landscaping is an essential element of the site design process and is an important feature in promoting the public health, safety, comfort, convenience and general welfare of the City of South Bend. Landscaping is intended to: mitigate incompatibilities between adjacent land uses; reduce the negative impacts of higher intensity land uses on less intense adjacent land uses; provide a critical visual and noise buffering effect between higher intensity districts and less intense districts; lessen the impact of development on the environment by reducing glare and heat buildup; and, break up large expanses of pavement so as to reduce impervious surface area, storm water run-off and the level of pollutants from non-point sources. (a) General Landscaping Provisions. (1) Applicability -Within the City of South Bend, all new developments and all additions to existing development (i.e., building additions, parking area expansions, etc.) shall provide landscaping as required by this Section for such new development or addition. (2) Location of Landscaping -Required landscaping areas shall consist of four (4) locations on a site: (i) landscaping of required perimeter yards or residential bufferyards; (ii) foundation landscaping; (iii) interior parking area landscaping; and, (iv) parking area screening. (3) Types of Landscape Screening -Three (3} types of landscape screening are provided for in this Section: (i) Type A: Open; (ii) Type B: Partial Screening; and, (iii) Type C: Full Screening. These three (3) types of landscape screening are intended to provide a progression of screening options suitable to a variety of landscaping and buffering needs between land uses and districts. (A) Type A: Open -The Tvne A: Open landscaping creates a pleasant visual experience but provides a minimal visual or sound bamer. Therefore, Type A: Open landscaping is intended for use on lots where the district of the abutting lots includes permitted uses with similar intensities, lights, sounds and regular operations and would have minimal, if any, negative impact on adjacent properties. Tvpe A: Open landscaping requires a majority of the landscape materials to be of a shade tree variety with flexibility to add color, interest or heavier visual screening, if desired. Ord. No.: 9495-04 Section 21-07.01 Landscape Regulations (B) Twe B: Partial Screening -The Type B: Partial Screening landscaping creates a partial visual and sound barrier and is intended for use on lots where the district of the abutting lots includes permitted uses that maybe similar in land use intensity, but may still contain lights, sounds and regular operations which may adversely impact adjacent properties. Type B: Partial Screening landscaping requires the use of evergreen trees to provide year-round buffering while allowing flexibility to add color and interest with deciduous trees or shrubs/hedge plants. (C) Type C: Full Screening -The Type C: Full Screening landscaping shall be designed to create a substantial visual barrier from grade to at least six (6) feet above grade at time of planting. Type C: Full Screening landscaping should also provide a sound barrier effect. Tempe C: Full Screening landscaping is intended to be placed on lots in higher intensity districts which abut lots located in lesser intense districts that maybe adversely impacted by the lights, sounds and regular operations of the higher intensity district. Type C: Full Screening landscaping requires significant use of evergreen trees to provide year-round buffering while allowing flexibility to add color and interest with deciduous trees or shrubs/hedge plants. Any evergreen species that drops its lower branches (e.g., white pines, etc.) shall not be permitted as a "evergreen" tree in a Type C: Full Screening landscape area. Landscaping (4) Live Vegetation -All trees and shrubs required by this Section shall be living vegetation. Ord. No.: 9495-04 Example of Type A -Open Landscaping Example of Type C: Full Screening Section 21-07.01 Landscape Regulations (5) Ground Cover -Ground cover within landscape areas may consist of: grasses; preserved existing natural vegetation (i.e., thickets); or, mulch, chipped bark or other natural forms of ground cover. Loose stone, rock or gravel maybe used as a landscaping accent, but shall not exceed twenty (20) percent of the area of the required landscape area in which it is used. (b) Landscaping of Required Perimeter Yards and Residential Bufferyards. (1) Yards in All Commercial /Mixed Use Districts, Industrial Districts, Residential Districts for Multifamily Dwelling and Such Yards Along a Limited Access Highway. The following landscaping requirements apply to any portion of a front yard, side yard or rear yard, including yards along a limited access highway, which are located in any Commercial /Mixed Use District, Industrial District, or Residential Districts for multifamily dwellings and which yard is not occupied by improvements permitted in the sub-Section "Use of Minimum Yards and Residential Bufferyards" in the applicable district: (A) Deciduous Shade Trees: A minimum of one (1) shade tree planted for every forty (40) feet of the applicable lot line. Such trees maybe evenly spaced at forty (40) feet on center or grouped together, provided however, in no case shall spacing between trees exceed eighty (80) feet; or, (B) Deciduous Ornamental Trees: A minimum of one (1) ornamental tree planted for every twenty-five (25) feet of the applicable lot line. Such trees maybe evenly spaced at twenty- five (25) feet on center or grouped together, provided however, in no case shall spacing between trees exceed fifty (50) feet. (2) Landscaping of Required Residential Bufferyards in All Commercial /Mixed Use Districts, Industrial Districts and Residential Districts for Special Exception Uses. Landscaping required in any portion of a front residential bufferyard, side residential bufferyard or rear residential bufferyard located in a: (i) Commercial 1 Mixed Use District; (ii) Industrial District; or, (iii) Residential District occupied by a special exception use, and which is not occupied by improvements permitted in the sub-Section "Use of Minimum Yards and Residential Bufferyards" in the applicable district, shall consist of either Type A: Open, Type B: Partial Screenine or Type C: Full Screening as specified below and in Table 21-07.01- A: Residential Buffe and Landsca in . Ord. No.: 9495-04 Section 21-07.01 Landscape Regulations TABLE 21-07.01- A: RESIDENTIAL BUFFERYARD LANDSCAPING Zoning of Zoning of Subject Property Adjacent Property SE / U~l~ OB MU O LB CB CBD GB LI GI PUD SFl B B B B B B B C C C (2~ SF2 B B B B B B B C C C c2~ MFl A B B B B B B C C C t2~ MFZ A B B B B B B C C C c2~ PUD (3) B B B B B B B C C C c2~ ~l~ -Special Exception Use located in a Residential District; or, U -University District or other Special Use Districts. tZt -Landscaping maybe Tvne A: Open, Type B: Partial Screening or ~e C: Full Screening and shall be determined as part of the review and determination of the Planned Unit Development. c3) -Residential portion of a PUD. A -Type A: Open landscaping. See Section 21-07.01 (b) (1), above, B -Type B: Partial Screening landscaping shall contain a minimum of two (2) evergreen trees for every twenty-five (25) feet of the length of a lot line which abuts a residential district or a residential portion of a PUD district. Such trees shall be evenly spaced. C -Type C: Full Screening landscaping shall contain a minimum of four (4) evergreen trees for every thirty (30) feet of the length of a lot line which abuts a residential district or a residential portion of a PUD district. Such trees shall be evenly spaced in a staggered double row where the rows are not more that twelve and one-half (12.5) feet apart. Utility Easement Landscaping - In those instances where overhead utilities are located within required yards or required residential bufferyards, plant material selections shall be limited to small growing trees which typically do not exceed twenty-five (25) fee in height at maturity. Appropriate utility easement plant materials include: ornamental trees, such as the redbud, dogwood and crabapple; or, evergreen trees (narrow spread), such as the emerald green arborvitae. See Section 21-07.01 (i) -Alternate Landscape Plan Approval for additional limitations. Note: See Section 21-07.01 (i -Alternate Landscape Plan Approval for alternate landscape materials or landscape design options. 4 Ord. No.: 9495-04 Section 21-07.01 Landscape Regulations (c) Foundation Landscaping. Foundation landscaping shall be provided for all new buildings and building additions in all districts (except for the following: buildings in the MU -Mixed Use District; buildings in the CBD -Central Business District; and, single family dwellings or two family dwellings) in compliance with the following requirements. (1) Foundation landscaping shall be applicable to any elevation of a new building or building addition which is: (A) over thirty-five (35) feet in width; and, (B) includes the main or primary customer entrance or is oriented toward a front yard. (2) When required, foundation landscaping shall be provided at a rate of: (A) one (1) shade tree for every fifty (50) feet of width of the applicable elevation; (B) one (1) ornamental tree or one (1) evergreen tree for every thirty-five (35) feet of width of the applicable elevation; or, (C) ten (10) hedge plants or shrubs for every fifty (50) feet of width of the applicable elevation. The above rates of foundation landscaping may be combined orpro-rated, as necessary, based upon the length of the applicable elevation. (3) Foundation landscaping areas shall maintain a minimum dimension of six (6) feet in the smallest dimension, with a minimum of thirty-six (36) square feet of foundation landscaping area provided for each tree and for every two hedge plants or shrubs. (4) Location -Foundation landscaping areas shall be located along or adjacent to each applicable building elevation, provided, however, where a portion of the building elevation is devoted to pedestrian ingress/egress, vehicular Ord. No.: 9495-04 Example of Foundation Landscaping Section 21-07.01 Landscape Regulations ingress/egress, loading or drop-off zones, foundation landscaping areas maybe aggregated into one or more locations along or abutting such building elevation. (5) Relationship to Buildings -Foundation landscaping areas shall be located: (i) adjacent to the building; or, (ii) so as to begin within fifteen (15) feet of the building (i.e., to allow for a walkway or similar improvements adjacent to the building). (d) Interior Off-Street Parking Area Landscaping. All new surface, off-street parking areas containing thirty (30) parking spaces or more and all expanded surface off-street parking areas which are increased by thirty (30) parking spaces or more, whether such increase occurs at one (1) time or in successive stages, shall be subject to the following regulations: (1) All such off-street parking areas shall include at least one (1) required interior landscape island for every fifteen (15) parking spaces (or fraction thereof), or five-thousand (5,000) square feet ofoff-street parking area, whichever yields the greater number. (2) Each required interior landscape island shall measure a minimum of eight feet by eighteen feet (8' X 18'). (3) Each required interior landscape island shall contain a minimum of one (1) deciduous shade tree, one (1) deciduous ornamental tree or one (1) evergreen tree. (4) Interior landscape islands shall be located at the end of parking bays so as to define vehicular and pedestrian traffic patterns. (5) All trees shall comply with the size at time of planting as indicated in Table 21- 07.01 - B: Minimum Size at Time of Planting. (ti) Area devoted to interior landscape islands shall be in addition to any required perimeter yard landscaping, foundation landscaping or parking area screening required by this Section 21-07.01. ~ , ,:E Ord. No.: 9495-04 ~,; .~ r `=`... . ~=: ~: :- ~: .~ Example of Interior Off-Street Parking Area Landscaping 6 Section 21-07.01 Landscape Regulations (7) Off-street parking areas shall include areas used for the parking or display or automobiles, boats, truck or farm equipment associated with a dealership or leasing business. (8) Off-street parking areas shall not include areas used for semi-truck loading areas, semi-truck maneuvering areas and semi-truck parking areas. (e) Off-Street Parking Area Screening. The regulations of this sub-Section shall apply to all new surface, off-street parking areas and expanded surface off-street parking areas for any use except a single family dwelling or two family dwelling. In addition to perimeter yard --~ landscaping, foundation landscaping and interior parking - area landscaping, if an off street ' ~ + parking area is located: between a front building line and a front lot line; between a side building - ~~~~ ~ ~'~' line and any required side .~ ~ ~, YY; ~~t~ y` , r Y-~~ ~~r ~~ residential bufferyard; or, __ _ . ._ _ - •=~~~r ~~ ~~ ;~ -~`.. ,_ .. ,~ between a rear building line and - -~-- any required rear residential "~ -`, ~ " ~_" bufferyard, the edge of the '~"~"~~ ~~- r .~ ~ -- ;:. parking area facing such front lot _ ~.___~__ line, side residential bufferyard Example ofOff-Street Parking Area Screening or rear residential bufferyard shall be screened by a compact row of shrubs/hedge plants planted three feet on-center (3' o.c.) across the front of the parking area and a minimum of twenty-four inches (24") in height at the time of planting and located between such front lot line, side residential bufferyard or rear residential bufferyard and the edge of the parking area. (f) Minimum Plant Material Sizes at Time of Planting. All plant materials specified by this Section 21-07.01 -Landscape Regulations shall comply with the minimum sizes at time of planting as specified in Table 21-07.01- B: Minimum Size at Time of Planting. 7 Ord. No.: 9495-04 Section 21-07.01 Landscape Regulations TABLE 21-07.01- B: MINIMUM SIZE AT TIME OF PLANTING Plant Cate~ory Minimum Size Deciduous Shade Tree (a.k.a. Overstory Tree) 2 % inch caliper at 6" above the ground Deciduous Ornamental Tree (a.k.a. Understory Tree) 1 % inch caliper at 6" above the ground Evergreen Tree 6' high Evergreen Tree (Narrow Spread)* 4' high Hedge Plants / Shrubs 24" high * -Evergreen Tree (Narrow Spread), such as arborvitae, may only be used as an alternate plant material subject to the provisions of Section 21-07.01 (i) -Alternate Landscape Plan Approval. (g) Installation of Landscaping. All landscaping required by this Section shall be installed prior to the issuance of a final certificate of occupancy for the use on the real estate. If seasons, weather conditions or other conditions beyond the applicants' control create a situation which is not appropriate for the installation of landscaping immediately prior to the issuance of a final certificate of occupancy, the Zoning Administrator may issue a temporary certificate of occupancy pending the installation of landscaping required by this Section not later than three (3) months after the start of the next planting season after the use of the real estate is commenced. The start of planting seasons shall be Mazch 15 and August 15 of each yeaz. (h) Maintenance of Landscaping. The owner shall be responsible for the replacement of any required planting, which is removed or dies after the date of planting. Such replacement shall occur within three (3) months after the start of the next planting season. Failure to maintain required landscape azeas shall constitute a violation of this Ordinance enforceable under the provisions of Section 21-10 -Enforcement. Ord. No.: 9495-04 Section 21-07.01 Landscape Regulations (i) Alternate Landscape Plan Approval. The Zoning Administrator, upon request by an applicant, shall have the authority to approve an alternate landscape plan prepared in accordance with the following requirements: (1) Redistribution of Plant Materials -The Zoning Administrator may approve a redistribution of plant materials required for perimeter yard landscaping to other locations on the lot, or, a redistribution of plant materials required for a foundation landscaping area to other locations on the lot. The Zoning Administrator shall not have the authority to modify the landscape requirements of this Section 21-07.01 pertaining to required residential bufferyards. (2) Credit for Preservation of Existing Trees and Vegetation - In order to encourage the preservation of existing trees and vegetation, the Zoning Administrator may approve a Preservation Landscape Plan which utilizes the designation of one or more Tree Save Areas in lieu of new plantings within a required yard, a required residential bufferyard, a required foundation landscaping area or an interior parking area island. Such Preservation Landscape Plan shall: (A) demonstrate that sufficient trees or vegetation shall be preserved to equal or exceed the level of screening required by the basic provisions of this Section 21-07.01- Landscape Regulations; and, (B) provide that, in the event trees designated for saving in the Tree Save Area are damaged or die within three (3) years of completion of construction on the site, replacement trees shall be planted in the designated Tree Save Area sufficient to provide landscaping which is, at a minimum, equivalent to the minimum requirements of this Section 21-07.01 -Landscape Regulations for new plantings. (3) Alternatives for Front Yard, Side Yard and Rear Yards in All Commercial / Mixed Use Districts, Industrial Districts, Residential Districts for Multifamily Dwellings and Along A Limited Access Highway - In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve the following plant substitutions in a required front yard, side yard or rear yard: (A) Hedge plants or shrubs maybe substituted for a maximum of twenty-five (25) percent of the required number of shade trees (rounded down to the nearest whole number) at a rate often (10) hedge plants or shrubs for each shade tree so replaced. 9 Ord. No.: 9495-04 Section 21-07.01 Landscape Regulations (B) Hedge plants or shrubs maybe substituted for a maximum of twenty-five (25) percent of the required number of ornamental trees (rounded down to the nearest whole number) at a rate of six (6) hedge plants or shrubs for each ornamental tree so replaced. (C) Evergreen trees maybe substituted for ornamental trees at a rate of one (1) evergreen tree for each ornamental tree so replaced. (D) Evergreen trees maybe substituted for shade trees at a rate of three (3) evergreen trees for every two (2) shade tree so replaced. (E) Ornamental trees and shade trees maybe substituted with each other at a rate of three (3) ornamental trees for every two (2) shade trees. (F) Evergreen trees (narrow spread) maybe substituted for evergreen trees at a rate of three (3) evergreen trees (narrow spread) for each evergreen tree. (4) Residential Bufferyard Landscaping Alternatives - In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve the following plant substitutions in a residential bufferyard: (A) Hedge plants or shrubs maybe substituted for a maximum often (10) percent of the required number of evergreen trees (rounded down to the nearest whole number) at a rate often (10) hedge plants or shrubs for each evergreen tree so replaced. (B) Ornamental trees maybe substituted for a maximum often (10) percent of the required number of evergreen trees (rounded down to the nearest whole number) at a rate of one (1) ornamental tree for each evergreen tree so replaced. (C} Shade trees maybe substituted for a maximum often (10) percent of the required number of evergreen trees (rounded down to the nearest whole number) at a rate of one (1) shade tree for each evergreen tree so replaced. (D) Evergreen trees (narrow spread) maybe substituted for a maximum often (10) percent of the required number of evergreen trees (rounded down to the nearest whole number) at a rate of four (4) evergreen trees (narrow spread) for each evergreen tree. (E) In no case shall the total combined percentage of hedge plants or shrubs, shade trees, ornamental trees, or evergreen trees (narrow spread) which are substituted for evergreen trees exceed twenty-five (25}percent. to Ord. No.: 9495-04 Section 21-07.01 Landscape Regulations (5) Foundation Landscape Alternatives - In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve a foundation landscape plan which includes any combination of shade trees, ornamental trees, evergreen trees, or hedge plants /shrubs, provided that the total amount of plant materials along the building remains proportional to the base requirements of Section 21-07.01 (c) (2), above. (6) Parking Area Screening Alternatives - In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve a parking area screening plan which includes hedge plants or shrubs in combination with: an ornamental or decorative fence; a masonry wall; or, an earthen berm, provided that: (A) Between a front building line and a front lot line: i. the ornamental or decorative fence or masonry wall is not less than twenty-four inches (24") in height nor more than thirty-six inches (36") in height, with an open space percentage equal to or less than seventy (70) percent; or, ii. the earthen berm is not less than twenty-four inches (24") in height nor more than thirty-six inches (36") in height; or, (B) Between a side building line and any required side residential bufferyard or between a rear building line and any required rear residential bufferyard: i. the ornamental or decorative fence or masonry wall is not less than three (3) feet in height nor more than: a. six (6) feet in height if the open space of the fence is less than twenty (20) percent; or, b. ten (10) feet in if the open space of the fence is twenty (20) percent or greater; or, ii. the earthen berm has a minimum height of not less than four (4) feet and a maximum height not to exceed ten (10) feet; and, (C) the total number of shrubs/hedge plants shall not be reduced by more than fifty (50) percent of the number ofshrubs/hedge plants required in sub- Section 21-07.01 L.1-off-Street Parking Area Screening, above. 11 Ord. No.: 9495-04 Section 21-07.01 Landscape Regulations (7) Fence, Wall or Berm Alternatives - In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve a fence, wall or berm installed incompliance with the following regulations as a substitute for up to fifty (50) percent of the number of shade trees, ornamental trees or evergreen trees required to be installed in a perimeter yard or residential bufferyard pursuant to Section 21-07 O1 (b) -Landscaping of Required Perimeter Yards and Residential Buffervards. (A) Fence or Wall in a Front Yard or Front Residential Bufferyard. An ornamental, decorative fence or masonry wall maybe used in conjunction with the landscaping required in a front yard, front residential bufferyard or in a residential district for a special exception use, provided such fence or wall used in a front yard shall: i. maintain a minimum height of three (3) feet with a maximum open space of twenty (20) percent; ii. not exceed three (3) feet in height if the open space of the fence is less than twenty (20) percent; or, iii. not exceed four (4) feet in height if the open space of the fence is less than fifty (50) percent but greater than twenty (20) percent. (B) Fence or Wall in a Side Yard, Rear Yard, Side Residential Bufferyard. Rear Residential Bufferyard or in Residential Districts for Special Exception Uses An ornamental, decorative fence or masonry wall may be used in conjunction with the landscaping in a required side yard, rear yard, side residential bufferyard, rear residential bufferyard or in a residential district for a special exception use, provided such fence or wall shall not exceed: i. maintain a minimum height of six (6) feet with a maximum open space of twenty (20) percent; ii. six (6) feet in height if the open space of the fence is less than twenty (20) percent; iii. ten (10) feet in height in any Commercial /Mixed Use District or Industrial District if the open space of the fence is less than fifty (50) percent but greater than twenty (20) percent or greater. 12 Ord. No.: 9495-04 Section 21-07.01 Landscape Regulations (C) Berm Regulations. i. Berm in a Front Yard or Front Residential Bufferyard. An undulating earthen berm, maybe used in conjunction with the landscaping required in a front yard, front residential bufferyard or in a residential district for a special exception use, provided such berm shall have a maximum height not to exceed: a. Residential District or CommerciaUMixed Use District - three (3) feet; or, b. Industrial District -six (6) feet. Example of 6' Berm with Mature Landscaping ii. Berm in a Side Yard, Rear Yard, Side Residential Bu, fJeryard or Rear Residential Bufferyard. An undulating earthen berm, may be used in conjunction with the landscaping in a required side yard, rear yard, side residential bufferyard, rear residential bufferyard or in a residential district for a special exception use, provided such berm shall have a minimum height of not less than four (4) feet and a maximum height not to exceed ten (10) feet. 13 Ord. No.: 9495-04 ~..~.= Section 21-07.01 Landscape Regulations iii. Construction of Berm. A berm utilized as a landscaping element shall be constructed in accordance with the following regulations: a. Each berm shall have a minimum crown width of two (2) feet; b. Each berm shall have a side slope of not greater than three feet horizontal to one foot vertical (3:1); c. Each berm shall be planted and covered with live vegetation; and, d. A retaining wall may be used on the side of the berm facing away from the public right-of--way or away from the side lot line or rear lot line. iv. General Regulations for a Fence, Wall or Berm. A fence, wall or berm maybe used as an element of a landscape plan subject to the following regulations. a. Location of Fence, Wall or Berm. A fence, wall or berm shall be located in such a manner as to not interfere with any regulations of Section 21-01.01 (t) -Clear Sight Area Requirements of this Ordinance. b. Design of Fence, Wall or Berm. A fence, wall or berm shall be designed to not interfere with any walkway orpedestrian/bikeway system serving the site. (8) Interior Landscape Island Design Alternatives -The Zoning Administrator may approve a design in which the area devoted to individual interior landscape islands maybe aggregated into one or more larger landscape islands. When aggregated into one or more larger landscape islands, such larger landscape islands shall, at a minimum, include the number of trees and area of landscaping as required for individual interior landscape islands, and shall function to: preserve existing trees; create boulevard treatments; create landscape features; create common open space areas for passive recreational activities; or, define vehicular and pedestrian traffic patterns. 14 Ord. No.: 9495-04 Section 21-07.01 Landscape Regulations (9) Appeals - If the Zoning Administrator disapproves of a proposed alternative landscape plan, the applicant may, within five (5) business days, appeal the Zoning Administrator's decision by filing an Administrative Appeal with the Board of Zoning Appeals, stating the reasons and justification for the appeal. Such petition shall be filed consistent with the provisions of Section 21-09.03 of this Ordinance and any applicable Rules of Procedure. 15 Ord. No.: 9495-04 Example of Aggregating Interior Off-Street Parking Area Landscaping Section 21-07.02 Lighting Regulations Section 21-07.02 Lighting Regulations. Intent -The Lighting Regulations contained in this Section aze intended to provide for the erection, design, or placement of outdoor light fixtures which: provide for illumination levels on individual lots which aze adequate for the safe and efficient movement of individuals or vehicles to and from a lot and within a lat (i.e., azeas that aze dangerous if unlit, such as stairs, intersections or changes in grade); aze designed to protect against the spillover of light onto abutting properties which may negatively impact occupants of abutting properties; and, aze designed to protect against objectionable glare onto public rights-of--way which may impair the vision of motorists. (a) General Requirements. All outdoor light fixtures on a lot shall comply with the following regulations: (1) Applicability -The Lighting Regulations contained in this Section, unless specifically stated otherwise, aze applicable only to any: Residential District for a multifamily project or any special exception use; Commercial /Mixed Use District; Industrial District; Planned Unit Development District, or, special use district contained in this Ordinance. (2) Minimum Setback -Notwithstanding anything in this Ordinance to the contrary for the "Use of Minimum Yards" or "Use of Minimum Yards and Residential Bufferyards" for any district, a freestanding outdoor light fixture maybe located within a required front yard, side yard, rear yard, front residential bufferyard, side residential bufferyard or rear residential bufferyard, provided that the freestanding outdoor light fixture is located adjacent to the interior edge of such yard or residential bufferyard and adjacent to a permitted driveway, parking area, interior access drive, interior access driveway, or other outdoor use azea requiring illumination. (3) Lighting Standazds -Outdoor light fixtures shall comply with the standazds set forth in Table 21-07.02 - A: Li ting Standazds. (4) Mounting of Fixtures (except in Industrial Districts) -Full cutoff`; cutoff and semi- cutoffoutdoor light fixtures shall be mounted parallel to the ground and shall utilize a rigid mounting arm with no built-in uptilt and no adjustment feature. (5) Height of Fixtures -All outdoor light fixtures used to illuminate a particulaz azea on a lot (i.e., a parking area; a loading area; or, an entry way, sidewalk or walkway areas) shall, within those azeas, be of uniform size, design and height. Ord. No.: 9495-04 Section 21-07.02 Lighting Regulations TABLE 21-07.02 - A: LIGHTING STANDARDS Type of Maximum Maximum District Fixture Combined Height Wattage of Pole and Base Non Cutoff ~~~ 20' 100 All Di i t t Semi Cutoff 30' 400 r s s c Cutoff 35' 400 Full Cutoff 40' 1,000 ~~ ~ Non-cutoff outdoor light fixtures shall be limited to locations along walkways, driveways, interior access drives, interior access driveways and outdoor seating areas. > so' 90' 80' > 90~ 90 eo' > eo' 90' 80' Ord. No.: 9495-04 Unrestricted distribution of Ilght at any angle Section 21-07.02 Lighting Regulations (6) Power Supply -Outdoor light fixtures located on light poles shall be provided power by underground wiring. (7) Wall Pack Lights -Wall pack outdoor light fixtures shall be subject to the following regulations: (A) Except in Industrial Districts, wall pack outdoor light fixtures located on a front or side elevations of a building or structure shall be full cutoff. (B) In all Commercial /Mixed Use or Industrial Districts -Wall pack outdoor light fixtures oriented toward a residential bufferyard and an abutting residential district shall be full cutoff. (C) Low intensity (i.e., 100 watts or less), architectural style wall pack outdoor light fixtures (which maybe cutoff, semi cutoff or non cutoff) may be used to accent architectural elements of the building or structure or to illuminate entrance areas. (8) Vehicular Canopy Light Fixtures -Outdoor light fixtures located under a vehicular canopy of drive through structures (e.g., gasoline service station canopies, bank drive through canopies, etc.) shall be full cutoff fixtures with a maximum intensity of four hundred (400) watts. (9) Awning and Canopy Lighting -Awnings and canopies used for building accents over doors, windows, walkways, and the like, may be internally illuminated or back-lit (i.e., lit from underneath or behind) provided, however, that the primary material is opaque and that translucent material is limited to the actual text or logo of the sign, if any, incorporated into the awning or canopy. (10) Glare on Public Right-of--Way -Flag and statue lights, architectural lights, floodlights, or sign lighting shall be so directed and shielded that the light element is not visible from any point along an adjacent public right-of--way. (11) Floodlights -Outdoor light fixtures equipped with floodlights may only be permitted on a lot as follows: (A) Floodlights shall be focussed on the primary building or the area of the lot located between the floodlight and the primary building; or, (B) Floodlights shall be shielded to the extent that the main beam from the luminaire is not visible from or causes any glare onto adjacent properties or rights-of--way. Ord. No.: 9495-04 Section 21-07.02 Lighting Regulations (12) Lighting Plans -The following information, at a minimum, shall be provided for all lighting plans submitted in connection with an application for an improvement location permit: (A) A site plan which includes the outline of buildings, structures and other improvements (e.g., parking areas, loading areas, interior access drives, etc.) on the lot and the location of all outdoor light fixtures. (B) A description of the outdoor light fixtures, including but not limited to manufacturers or electric utility catalog specifications sheets, drawings or photometric report, which indicate: i. the outdoor light fixture classification (e.g., cutoff, semi-cutoff; full cutoff; ornon-cutoff); ii. mounting height of freestanding outdoor light fixtures; and, iii. wattage proposed for each outdoor light fixture. (b) Special Regulations for Sport and Athletic Field Lights. Notwithstanding anything in this Section to the contrary, the following special regulations shall apply to Sport and Athletic Field Lights. Freestanding outdoor light fixtures for sport and athletic fields: (1) shall not exceed one-hundred and ten (110) feet in height above grade; and, (2) shall be of a type and manufacturer that offers a spill and glare control package and shall be fitted with the manufacturer's spill and glare control package. (c) Exempt Lights. (1) Holiday Decorations -Outdoor light fixtures used for holiday decorations. (2) Public Lighting -All outdoor light fixtures originating from public areas and ways, including but not limited to parks, rights-of--way, public art or other public facilities, that are installed for the benefit of the public health, safety and welfare. (3) Fossil Fuel Lights -All outdoor light fixtures producing light directly from the combustion of fossil fuels (i.e., kerosene lanterns or gas lamps). 4 Ord. No.: 9495-04 Section 21-07.02 Lighting Regulations (4) Construction /Emergency Lighting -All outdoor light fixtures provided in connection with construction work or the abatement of an emergency situation necessitating said lighting, provided that the use of such outdoor light fixtures are discontinued during hours when construction activity or emergency abatement is not in progress and that such outdoor light fixtures are removed upon completion of the construction activity or the abatement of the emergency. (5) Internal Illumination of Signs -All outdoor light fixtures which are completely enclosed within a sign cabinet and which provide illumination only for a sign face. (See also Section 21-07.03 (gZ(6) -Illuminated Suns.) (6) Single Family Dwelling or Two Family Dwelling Lots -All outdoor light fixtures used for the illumination of personal property, provided, however, that such outdoor light fixtures shall be subject to Section 21-02.11. D., 7., -Performance Standards regarding glare. (d) Temporary Lights. (1) Temporary Lights Permitted -The following types of outdoor light fixtures may be approved on a temporary basis by the Zoning Administrator prior to placement or use. (A) Civic Events -Temporary outdoor light fixtures used for civic events. (B) Special Events -Temporary outdoor lighting fixtures for such activities as circuses, fairs, carnivals, sporting events, and the like. Such temporary lights shall not be installed more than thirty (30) days prior to the civic event or special event and shall be removed not more than fifteen (15) days after the civic event or special event. (2) Searchlights -Notwithstanding anything contained in Section 21-07.02, (c) - Prohibited Lights of this Ordinance to the contrary, temporary outdoor light fixtures used in connection with a civic event or special event may include one (1) portable, rotating searchlight provided, however, that such temporary outdoor light future: (A) shall not be permitted for more than three (3) occurrences during a calendar year; (B) shall not be used for a period of more than two (2) consecutive days during a civic event or special event; 5 Ord. No.: 9495-04 Section 21-07.02 Lighting Regulations (C) shall not be operated between the hours of 12:00 midnight and 8:00 a.m.; and, (D) shall otherwise comply with all other applicable provisions of this Section. (e) Prohibited Lights. (1) Flashing Lights -Any lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation. (2) Floodlights -Floodlights not in compliance with the regulations set forth above, or other form of outdoor light fixtures not specifically authorized by this Section (including but not limited to stringer lights), that are ground mounted or attached to light poles, and used to illuminate the site, buildings or structures. (3) Outdoor Strings of Lights -Outdoor strings of lights, including but not limited to those used to outline lot lines or outdoor display areas, provided, however, outdoor strings of lights maybe allowed when complying with Section 21-7.02 ~c) (1) -Holiday Decorations. 6 Ord. No.: 9495-04 Section 21-07.03 Sign Regulations Intent Section 21-07.03 Sign Regulations. Intent -These Sign Regulations are intended to: encourage the effective use of signs as a means of communication; encourage signs which, by their design, are integrated with and harmonious to the buildings and sites which they occupy; eliminate excessive and confusing sign displays; maintain and improve the appearance of the City of South Bend as an attractive place in which to live and conduct business; safeguard and enhance property values by minimizing the possible adverse effects of signs on nearby public and private property; support and complement the land use objectives of the Comprehensive Plan and this Ordinance; protect public and private investment in buildings and open spaces; eliminate potential hazards to motorists and pedestrians resulting from signs; establish reasonable limits on the number, time and manner (including but not limited to the spacing, materials and size of signs) to avoid sign clutter; and, promote the public health, safety, morals and general welfare of the City of South Bend. The regulations contained in this Section 21-07.03 -Sign Regulations shall apply to the location, erection and maintenance of signs in any district regulated by this Ordinance. Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (a) Exempt Signs Section 21-07.03 Sign Regulations. (a) Exempt Signs Unless otherwise specifically stated, signs that comply with the provisions contained in this Section 21-07.03 (a) -Exempt Signs shall be exempt from all other provisions of this Ordinance, except that the provisions specified in Section 21-01.01 (t) Clear Si t Area shall apply. (1) Building Lighting -Highlighting of structural/architectural elements of buildings, such as roof lines, doors, window or wall edges, by illumination shall not be considered a sign, provided, however, if such highlighting or outlining contains text or logos, such items shall be considered signs and regulated by this Ordinance according to the sign type and district in which it is located. In no case shall such building lighting be flashing or animated. (2) Flags -Reserved for future use. (3) Integral, decorative, or architectural features of buildings, so long as such features or works do not contain logos, letters, or trademarks, except as noted in sub- section (5) (D), below. (4) Interior Signs -Signs located: (A) within the interior of any building, or within an enclosed lobby or court of any building; or, (B) located within the inner or outer lobby, court or entrance of any theater, that are not viewable or intended to be viewable from the publicright-of--way and do not qualify as window signs. (5) Miscellaneous signs, including but not limited to: (A) Signs only giving property identification, names, or numbers, of occupants, and containing two (2) square feet or less in sign surface area; (B) Signs posted on private property only to identify or warn about "Private Property", "Private Parking", "No Trespassing" or "Danger" from animals and containing two (2) square feet or less in sign surface area; Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (a) Exempt Signs (C) Signs only indicating the location of public telephones and restrooms, underground public utilities, or similar location signs and containing four (4) square feet or less in sign surface area; and, (D) Signs which are integral to the building and only indicating the name of the building, date of erection, monumental citations, commemorative tablets and the like, when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type construction and made an integral part of the building. (6) Official Signs: (A) Signs authorized by a government or governmental unit which give traffic, directional, or warning information; (B) Signs of public service companies indicating danger; and, (C) Signs erected by, or on the order of, a public officer in the performance of their public duty which aide service or safety. (7) Public Signs and Public Notices -Signs required or specifically authorized for a public purpose by any law, statute or ordinance, which maybe any type, number, area, height above grade, location or illumination required by the law, statute or ordinance under which the signs are erected. (8) Holiday Displays -which contain no commercial message, are primarily decorative in nature, and are clearly incidental and commonly associated with any national or religious holiday, and which are erected not more than thirty (30) days prior to the start of the holiday and removed no more than fifteen (15) days after the holiday. (9) Tombstones. (10) Works of Art -Three (3) dimensional works of art (statuary, sculptures), and two (2) dimensional works of art (i.e. murals) that clearly are artistic in nature and which do not promote on-site activities or commercial interests, provided, however: (A) two (2) dimensional works of art which exceed five (5) percent of the side or rear facade of a building on which they are placed shall receive approval as a wall sign; and, 2 Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (a) Ezempt Signs (B) two (2) dimensional works of art, regardless of size, shall not be permitted on the front facade of any building. (11) Window Signs, provided that such signs shall not exceed the lesser of: (A) twenty-five (25) percent of the area of the window, provided, in the case of multi-pain windows the surface area of the window shall be the combined surface area the individual panes, or in the case of a glass curtain wall the surface area of the window shall be the combined surface area of the individual glass panels; or, (B) twelve (12) square feet in sign surface area. (12) Temporary Signs - In addition to the type, number, sign surface area, setback and height regulations for signs specified for each district, temporary signs (i.e., signs typically related to: sale or lease, construction, grand openings, political campaigns, etc.) shall be allowed subject to the following regulations: (A) General Regulations Applicable to All Temporary Signs. i. Time -Temporary signs maybe erected for one of the following time periods: a. Special Events -Temporary signs maybe erected, placed or located in connection with a special event not more that thirty (30) days prior to the start of a special event and shall be removed not more than fifteen (15) days after the end of the special event. A special event related sign shall not be erected, placed or located more than two (2) times during a calendar year; or, b. Non-Special Event -Temporary signs not in connection with a special event may be erected, placed or located not more than two (2) times during a calendar year and shall not exceed forty-five (45) days in duration. ii. Place -Temporary signs shall comply with the following location requirements: a. ~ A temporary sign shall comply with the regulations of Section 21-01.01 (tl -Clear Sight Area Requirements; Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (a) Exempt Signs b. A temporary sign shall not be located within any public right-of--way; c. A temporary sign, if a freestanding sign, shall be located in compliance with all setback regulations for a permanent sign; and, d. A temporary sign, if a wall sign, shall be located in compliance with the regulations for a permanent wall sign. iii. Manner -Temporary signs shall be placed in the following manner: a. A temporary sign shall be permitted on a lot only upon prior authorization by the owner of said lot. b. Any sign which meets the Ordinance definition of an on premise business sign or an outdoor advertising sign shall not be considered or allowed as a temporary sign. A temporary sign shall not be illuminated. (B) Temporary Freestanding Sign for any individual lot in any SFI District or SF2 District: i. Number -One (1) temporary freestanding sign shall be permitted for each street or limited access highway which abuts the lot. ii. Manner -Temporary signs: a. shall not exceed six (6) square feet in sign surface area; and, b. shall not exceed four (4) feet in height above grade; (C) Temporary freestanding sign for any MF1 District, MF2 District, Commercial /Mixed Use District or Industrial District or for any single or two family subdivision development in the SFl District or SF2 District: Number -One (1) additional freestanding sign shall be permitted for each street or limited access highway which abuts the lot or integrated center. 4 Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (a) Ezempt Signs Exception: More than Five-Hundred (500) Feet - When a lot or integrated center abuts the same street or limited access highway for more than five-hundred (500) feet, one (1) additional freestanding temporary sign shall be permitted on that street or limited access highway, provided that: a. minimum separation between freestanding temporary signs along the same street or limited access highway shall be three-hundred (300) feet; b. the additional freestanding temporary sign shall be oriented to the street or limited access highway which abuts the lat or integrated center for more than five-hundred (500) feet; the minimum separation between freestanding temporary signs, regardless of orientation of the freestanding temporary signs, shall be one-hundred (100) feet; and, d. the total sign surface area of all freestanding temporary signs shall not exceed two-hundred (200) square feet. ii. Manner -Temporary Signs: a. shall not exceed eight (8) feet in height above grade, and, b. shall not exceed thirty-two (32) square feet in sign surface area. (D) Temporary window sign, in all districts shall not exceed the lesser of: i. twenty-four (24) square feet in surface area; or, ii. five (5) percent of the window on which it is placed or through which it is viewed, provided, in the case of multi-pain windows the surface area of the window shall be the combined surface area the individual pains, or in the case of a glass curtain wall the surface area of the window shall be the combined surface area of the individual glass panels. Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (a) Ezempt Signs (E) Special Time and Manner Regulations for A-Frame, T-Frame, Menu Board or Sandwich Board Signs. Notwithstanding anything above to the contrary, temporary signs, which are A-frame, T-frame, menu board or sandwich board signs shall be subject to the following time and manner regulations: i. Time -maybe erected, placed or located outside of a business establishment on a daily basis; ii. Time -shall only be displayed during business hours; iii. Manner -shall be within ten (10) feet of the main customer entrance to the business establishment and shall not be located in any public right-of--way; iv. Manner -shall not exceed six (6) squaze feet in sign surface area; and, v. Manner -shall not exceed a maximum height of four (4) feet above grade. 6 Ord. No.: 9495-04 Section 21-07.03 Sign Regulations -Prohibited Signs Section 21-07.03 (b) Prohibited Signs Sign Regulations. The following signs shall be prohibited in all districts: (1) Signs located on, in or above the right-of--way of any street or alley, except for: (i) official signs or signs erected on behalf of or pursuant to authorization of a governmental body; ,and, (ii) projecting signs as expressly permitted by later sub-Sections of this Section 21-07.03. (2) Signs which interfere with street intersections. No sign, permanent or temporary, shall be erected so that it interferes with the sight distance as specified in Section 21-01.01 (t) -Clear Sight Area Requirements of this Ordinance. (3) Signs which interfere with, obstruct the view of, imitate, copy, purport to be, or maybe confused with any authorized official sign, traffic sign, traffic signal, or traffic control device. (4) Portable signs, including but not limited to: (i) A-frame, T-frame, menu board, and sandwich board signs (except as express ly authorized by Section 21-07.03 (a) (12) (E) of this Ordinance); (ii) signs on portable trailer frames; and, iii ( ) A -Frame Sign T -Frame Sign signs attached to or painted on a vehicle S parked and visible from the public ~Q A right-of--way, provided, however, a vehicle which is used in the normal day-to-day operation of a business use shall not be considered a portable sign if the vehicle is parked beside or behind the building in which the use is located, or if the sign on the vehicle contains less than nine (9) square feet in sign surface area. (5) Windblown devices, including but not limited to any banner, pennant, spinner, streamer, propeller, disc, moored blimp, gas balloon or flag that is designed to inform or attract attention (except for exempt jlags as set forth in Section 21-07.03 (al -Exempt S~)• Flag au~~ Portable Signs Examples of Windblown Devices Ord. No.: 9495-04 Section 21-07.03 Sign Regulations -Prohibited Signs (6) Signs attached to trees. (7) Signs attached to utility poles, except for signs erected on behalf of or pursuant to authorization of a governmental body or the utility company having jurisdiction over such poles. (8) Signs that bear or contain statements, words or pictures of an obscene, pornographic, immoral character, or which SALE "°" Pennants 000 Balloons and Pennants Sign contain advertising matter which is untruthful or will offend public morals or decency. (9) Any sign that obstructs or substantially interferes with any window, door, fire escape, stairway, ladder or opening intended to provide light, air, ingress or egress to any building. (10) Any changeable copy sign, including without limitation an electronic variable message sign on which the message changes more than six (6) times per minute. (11) Any rotating beam, beacon, intermittent light, lights of changing degrees of intensity, or flashing illumination in connection with any sign surface, except as part of an electronic variable message sign on which the message does not change more that six (6) times per minute. (12) Roof Signs. (13) Any other type of sign located on private property outside of apublicright-of--way not expressly permitted by Section 21-07.03 -Sign Regulations of this Ordinance. 2 Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (c) On-Premise Signs: SFl, SF2, MFl and MF2 Districts Section 21-07.03 Sign Regulations. (c) On-Premise Signs: SFl, SF2, MFl and MF2 Districts (1) Single Family Dwellings, Two-Family Dwellings, Residential Facilities for the Mentally III, Residential Facilities for the Developmentally Disabled, and Child Care Home Uses. Single family dwellings, two family dwellings, Residential Facilities for the Mentally Ill, Residential Facilities for the Developmentally Disabled, and Child Care Home uses shall be permitted one (1) monument identification sign or one (1) building identification sign for each street or limited access highway which abuts the lot, indicating only the name or address of occupant, provided: (A) The maximum sign surface area shall not exceed two (2) square feet; (B) The maximum height above grade for a monument sign shall not exceed four (4) feet; (C) The sign shall be constructed a material(s) which blends in with the residential character of the neighborhood, such as but not limited to, wood or stone; (D) The sign shall not be illuminated, either internally or externally; (E) The sign shall not encroach into any public right-of--way; and, (F) The sign shall comply with the regulations of Section 21-01.01 (t~ -Clear Sight Area RecLuirements. (2) Multifamily Dwelling Uses. Multifamily dwelling uses shall be permitted one (1) monument identification sign or one (1) building identification sign for each street or limited access highway which abuts the lot, provided: (A) The sign shall not exceed thirty-two (32) square feet in sign surface area; (B) The maximum height above grade for a monument sign shall not exceed four (4) feet; (C) The sign shall not be internally illuminated; Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (c) On-Premise Signs: ~) SFl, SF2, MFl and MF2 Districts The sign shall indicate only the name, address of the management thereof, or associated information; (E) The sign shall maintain a minimum front yard setback of ten (10) feet from the proposed right-of--way, and shall maintain a minimum side yard setback and minimum rear yard setback consistent with the requirements for an accessory structure in the district to which the real estate is zoned; and, (F) The sign shall comply with the regulations of Section 21-01.01 (t) -Clear Sight Area Requirements. (3) Recorded, Platted Residential Subdivisions. Two (2) monument identification signs shall be permitted at each entrance to a recorded, platted residential subdivision provided: (A) ~) (C) (D) (E) (F) (G) (H) The signs shall be constructed of ornamental metal, stone masonry, or other permanent material; The signs shall indicate only the name of the subdivision; The signs shall not exceed twenty-four (24) square feet in sign surface area each; The maximum height above grade shall not exceed eight (8) feet; The sign shall not be internally illuminated; The signs shall not encroach into any public right-of--way; The sign shall comply with the regulations of Section 21-01.01 (t) -Clear Sight Area Requirements; and, Only one (1) sign shall be permitted in each quadrant of an intersection. Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (c) On-Premise Signs: SFl, SF2, MFl and MF2 Districts (4) Business and Other Uses Located in a Residential District. The following regulations shall apply to all businesses and other uses permitted in the Residential Districts by Special Exception. (A) Freestanding Identification Signs. i. Type of Signs. Freestanding identification signs shall be monument signs. ii. Number of Signs. One (1) freestanding identification sign shall be permitted for each street or limited access highway which abuts the lot. iii. Maximum Sign Surface Area of Freestanding Identification Signs. a. School, Religious Use or Nursing Home -thirty-two (32) square feet; or, b. All other business or other uses -sixteen (16) square feet. iv. Minimum Front Yard Setback, Side Yard Setback and Rear Yard Setback for Freestanding Identification Signs. a. Front Yard Setback - 1. Limited Access Highway -The minimum front yard setback for any freestanding identification sign shall be fifty (50) feet from proposed right-of--way. 2. All Other Streets - ten (10) feet from proposed right-of--way. b. Side Yard Setback and Rear Yard Setback -The minimum side yard setback or rear yard setback for a freestanding identification sign shall be the same as required for an accessory structure in the applicable district. v. Maximum Height of Freestanding Identification Signs. The maximum height of a monument identification sign shall not exceed four (4) feet in height above grade. 3 Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (c) On-Premise Signs: SFl, SF2, MF1 and MF2 Districts (B) Building Identification Signs. i. Type of Signs. Building identification signs shall be wall signs. In addition, awning signs, canopy signs or marquee signs may be permitted subject to the provisions of Section 21-07.03 (c) (5), below. ii. Number of Building Identification Signs. There shall be no limit to the number of building identification signs, provided that the total sign surface area of all building identification signs located on a building shall not exceed the maximum sign surface area for the building. iii. Maximum Sign Surface Area of Building Identification Signs. The total sign surface area of all building identification signs oriented to an individual facade shall not exceed: a. Front Facade -five (5) percent of the total area of a front facade of a building; and, b. Side Facade and Rear Facade -three (3) percent of a side or rear facade of a building, provided, however, that for any side facade or rear facade of a building oriented toward a customer parking area, street or limited access highway, the maximum sign surface area of five (5) percent shall apply. (C) Incidental Signs. i. Type of Signs. Incidental signs shall be monument or wall signs. ii. Number of Signs. a. If a lot has one (1) driveway, two (2) incidental directional signs shall be permitted at the driveway entrance or exit; b. If a lot has more than one (1) driveway, one (1) incidental directional sign shall be permitted for each driveway; and, 4 Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (c) On-Premise Signs: SFl, SF2, MFl and MF2 Districts c. One (1) incidental directional sign or one (1) incidental parking and loading sign shall be permitted at each critical turning point along an interior access drive when required to safely direct vehicular traffic (e.g., to direct vehicular traffic to: a drive-up window; a customer or employee parking area; or, a delivery or loading area). iii. Maximum Sign Surface Area of Incidental Signs. Incidental Signs shall not exceed two (2) square feet in sign surface area. iv. Minimum Front Yard Setback, Side Yard Setback and Rear Yard Setback for Freestanding, Incidental Signs. a. Front Yard Setback -Three (3) feet from proposed right-of- way. b. Side Yard Setback and Rear Yard Setback -The minimum side yard setback or rear yard setback for a freestanding incidental sign shall be the same as required for an accessory structure in the applicable district. v. Maximum Height of Incidental Signs. The maximum height of an freestanding, incidental monument sign shall not exceed four (4) feet in height above grade. (5) Awning Sign, Canopy Sign or Marquee Sign. Wherever a building identification sign is permitted in a Residential District, the use of an awning sign, canopy sign or marquee sign shall be allowed subject to the following provisions: (A) Total Area -The total area of the awning, canopy or marquee (i.e., the combined two dimensional surface area of all sides of the awning, canopy or marquee) shall not exceed the sign surface area allocated to the facade of the building upon which the awning, canopy or marquee is attached. Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (c) On-Premise Signs: SFl, SF2, MFl and MF2 Districts (B) Sign Surface -The portion of the awning, canopy or marquee which includes a sign surface shall not exceed: fifty (50) percent of the total area of an awning or canopy; or, ii. seventy-five (75) percent of the total area of a marquee. (C) Clearance to Grade -The bottom edge of the: awning or canopy shall: a. not be less than eight foot -six inches (8' - 6") above grade over a walkway for any portion of a rigid framing; and, b. not less than seven foot -six inches (7' - 6") above grade over a walkway for any portion of a flexible cloth, canvas or similar skirt which maybe suspended below the rigid framing a maximum of one (1) foot; ii. marquee shall not be less than nine (9) feet above grade over a walkway; or, iii. awning, canopy or marquee shall not be less than fifteen (15) feet above grade over a driveway, interior access drive or alley. (D) Projection from Building -The maximum projection of an awning, canopy or marquee shall not exceed eight (8) feet from or beyond its supporting building and shall not project beyond any walkway adjacent to the building. (E) Marquee Sign - A marquee sign may include anon-changeable copy sign attached to or mounted on top of a marquee, subject to the sign surface area limitations set forth above. (F) Encroachment Over Public Right-of--Way - No awning, canopy or marquee shall encroach into the air rights of any public street right-of--way. 6 Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (c) On-Premise Signs: SFl, SF2, MFl and MF2 Districts (6) Suspended Signs. Suspended signs shall be permitted on any building containing two or more individual, non-related and separately operated uses subject to the following regulations: (A) There shall be no more than one (1) suspended sign per front facade of the structure or tenant space of each grade-level tenant. (B) The maximum sign surface area of a suspended sign shall not exceed five (5) square feet. (C) All portions of the suspended sign or sign structure shall be not less than eight foot -six inches (8' - 6") above finished grade if made of rigid construction, or seven foot -six inches (7' - 6") above grade is made of a flexible cloth, canvas or similar material. Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (d) On-Premise Signs: Commercial /Mixed Use Districts and Industrial Districts (Except for the MU District and CBD District) Section 21-07.03 Sign Regulations. (d) On-Premise Signs: Commercial /Mixed Use Districts and Industrial Districts (Except for the MU District and CBD District) (1) Single Use Sites -Freestanding Identification Signs. (A) Type of Signs. Freestanding identification signs shall be either monument signs or pole signs in compliance with Table 21-07.03 (d) - B: Maximum Hei t and Type of Sigh, below. (B) Number of Signs. Freestanding identification signs shall be permitted at a rate of one (1) freestanding identification sign for every five-hundred (500) feet, or portion thereof, that a single use site abuts a street or limited access highway, provided that: a. the number of freestanding identification signs shall be calculated independently for each street or limited access highway which the single use site abuts; b. the minimum separation between freestanding identification signs on the single use site, regardless of the street or limited access highway to which the freestanding identification sign is oriented, shall beone-hundred (100) feet; c. the minimum separation between freestanding identification signs oriented toward the same street or limited access highway shall be three-hundred (300) feet; d. in the case of multiple freestanding identification signs, each freestanding identification sign shall be oriented toward the street or limited access highway by virtue of which the multiple freestanding identification signs are permitted; and, Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (d) On-Premise Signs: Commercial /Milted Use Districts and Industrial Districts (Except for the MU District and CBD District) e. the total sign surface area of all freestanding identification signs shall not exceed the maximum sign surface area permitted below. (C) Maximum Sign Surface Area of Freestanding Signs. i. Maximum sign surface area shall apply individually to each street or limited access highway. ii. The maximum sign surface area shall not exceed that specified in Table 21-07.03 (d) - A: Maximum Sign Surface Area, below: Table 21-07.03 (d) - A: Maximum Sign Surface Area Freestanding Signs for Single Use Sites Districts F rontage OB O / LB CB / GB LI / GI < 500' 32 sq. ft. 64 sq. ft. 100 sq. ft. 64 sq. ft. > 500' - < 1,000' 32 sq. ft.~'~ 100 sq. ft. ~~~ 150 sq. ft. ~~~ 100 sq. ft. ~~~ > 1,000 48 sq. ft. c2) 200 sq. ft. c2> 300 sq. ft.~Z~ 200 sq. ft. c2) ~l~ -sign surface area may be all in one (1) freestanding sign or divided between all permitted freestanding signs. (2) -sign surface area maybe all in one (1) freestanding sign or divided between all permitted freestanding signs, provided that the maximum sign surface area for any individual freestanding sign shall not exceed seventy-five (75) percent of the maximum listed. (D) Minimum Front Setback, Side Setback and Rear Setback for Freestanding Identification Signs. i. Front Setback - a. Limited Access Highway -The minimum front yard setback for any freestanding identification sign shall be fifty (50) feet from proposed right-of--way. b. All Other Streets -The minimum front yard setback or front residential bufferyard setback for any freestanding identification sign shall be five (5) feet from proposed right-of--way. 2 Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (d) On-Premise Signs: Commercial / Miaed Use Districts and Industrial Districts (Ezcept for the MU District and CBD District) ii. Side Setback or Rear Setback -The minimum side yard setback, minimum rear yard setback, minimum side residential buf~"eryard setback or minimum rear residential bufferyard setback for a freestanding identification sign shall be the same as required for any building or structure. (E) Maximum Height of Freestanding Identification Signs. The maximum height above grade of freestanding identification signs shall not exceed that specified in Table 21-07.03 (d) - B: Maximum Height and Type of Sigma, below: Table 21-07.03 (d) - B: Maximum Height and Type of Sign Freestanding Signs for Single Use Sites Districts T f Si ype o gn OB O 1 LB CB / GB LI / GI Monument Sign 4 ft. 6 ft. 8 ft. 6 ft. Pole Sign -when oriented toward a 25 ft. 25 ft. 40 ft. 40 ft. limited access highway Pole Sign -when oriented toward any NA NA 25 ft. 25 ft. other street NOTE: NA =Not Allowed /Not Permitted. (2) Integrated Centers -Freestanding Identification Signs. (A) Type of Signs. i. Freestanding identification signs shall be either monument signs or pole signs in compliance with Table 21-07.03 (d) - D: Maximum Hei t and Type of Sign, below. (B) Number of Signs. Freestanding identification signs shall be permitted at a rate of one (1) freestanding identification sign for every five-hundred (500) feet, or portion thereof, that an integrated center abuts a street or limited access highway, provided that: 3 Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (d) On-Premise Signs: Commercial /Mixed Use Districts and Industrial Districts (Except for the MU District and CBD District) a. the number of freestanding identification signs shall be calculated independently for each street or limited access highway which the integrated center abuts; b. the minimum separation between freestanding identification signs on the single use site, regardless of the street or limited access highway to which the freestanding identification sign is oriented, shall be one-hundred (100) feet; c. the minimum separation between freestanding identification signs oriented toward the same street or limited access highway shall be three-hundred (300) feet; d. in the case of multiple freestanding identification signs, each freestanding identification sign shall be oriented toward the street or limited access highway by virtue of which the multiple freestanding identification signs are permitted; and, e. the total sign surface area of all freestanding identification signs shall not exceed the maximum sign surface area permitted below. ii. Any freestanding identification sign for an integrated center shall include the name of the integrated center and such sign shall allocate a minimum of ten (10) percent of the sign surface area to the name of the integrated center. (C) Maximum Sign Surface Area of Freestanding Signs for an Integrated Center. i. Maximum sign surface area shall apply individually to each street or limited access highway which abuts the integrated center. 4 Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (d) On-Premise Signs: Commercial / Miaed Use Districts and Industrial Districts (Ezcept for the MU District and CBD District) ii. The maximum sign surface area shall not exceed that specified in Table 21-07.03 (d) - C: Maximum Sign Surface Area, below: Table 21-07.03 (d) - C: Maximum Sign Surface Area Freestanding Signs for Integrated Centers Districts Frontage OB O/LB CB/GB LI/GI < 500' 32 sq. ft. 64 sq. ft. 140 sq. ft. 64 sq. ft. > 500' - < 1,000' 32 sq. ft.~l~ 150 sq. ft. ~~~ 300 sq. ft. ~~~ 150 sq. ft. ~~~ > 1,000 48 sq. ft. t2> 300 sq. ft. cz) 600 sq. ft.~2~ 300 sq. ft. c2> ~1~ -sign surface area maybe all in one (1) freestanding sign or divided between all permitted freestanding signs. (2) -sign surface area maybe all in one (1) freestanding sign or divided between all permitted freestanding signs, provided that the maximum sign surface area for any individual freestanding sign shall not exceed seventy-five (75) percent of the maximum listed. (D) Minimum Front Yard Setback, Minimum Side Yard Setback and Minimum Rear Yard Setback for Freestanding Identification Signs. i. Front Setback - a. Limited Access Highway -The minimum front yard setback for any freestanding identification sign shall be fifty (50) feet from proposed right-of--way. b. All Other Streets -The minimum front yard or front residential bufferyard shall be five (5) feet from proposed right-of--way. ii. Side Setback and Rear Setback -The minimum side yard setback, minimum rear yard setback, minimum side residential bufferyard setback or minimum rear residential bufferyard setback for a freestanding identification sign shall be the same as required for any building or structure. Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (d) On-Premise Signs: Commercial /Mixed Use Districts and Industrial Districts (Except for the MU District and CBD District) (E) Maximum Height of Freestanding Identification Signs. The maximum height above grade of freestanding identification signs shall not exceed that specified in Table 21-07.03 (d) - D: Maximum Hei t and Type of Sign, below: Table 21-07.03 (d) - D: Maximum Height and Type of Sign Freestanding Signs for Integrated Centers Districts Type of Sign OB O/LB CB/GB LI/GI Monument Sign 6 ft. 8 ft. 20 ft. 8 ft. Pole Sign -when oriented toward a 25 ft. 25 ft. 40 ft. 40 ft. limited access highway Pole Sign -when oriented toward any NA NA 40 ft. 25 ft. other street NOTE: NA =Not Allowed /Not Permitted. (3) Out Lots in an Integrated Center -Freestanding Identification Signs. (A) Number of Freestanding Identification Signs for Out Lots. In addition to the freestanding identification signs permitted above for an integrated center, individual out lots within an integrated center may qualify for an individual monument sign as set forth below: i. If business identification wall signs are located on zero (0), one (1) or two (2) facades of the building located on the out lot, one (1) monument identification sign maybe located on the out lot; or, ii. If business identification wall signs are located on three (3) or more facades of the building located on the out lot, zero (0) monument identification signs maybe located on the out lot. Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (d) On-Premise Signs: Commercial / Miaed Use Districts and Industrial Districts (Ezcept for the MU District and CBD District) iii. If an out lot abuts more than one (1) street or limited access highway, one (1) additional monument identification sign shall be permitted for each street or limited access highway which abuts the out lot. If an out lot qualifies for an additional monument identification sign, the minimum separation between the additional monument identification sign and any other permitted freestanding identification sign, regardless of orientation of the signs, shall be one hundred (100) feet. iv. In the LI District and GI District, each lot shall be considered an out lot and may qualify for a freestanding identification sign, subject to the limitations listed above in this sub-Section. (B) Maximum Sign Surface Area of Freestanding Monument Identification Signs on Out Lots. The maximum sign surface area of freestanding monument identification signs on out lots shall not exceed that specified in Table 21-07.03 (d) - E: Sign Surface Area and Height, below. Table 21-07.03 (d) - E: Sign Surface Area and Height Freestanding Signs for Out Lots in Integrated Centers Districts Regulation OB O/LB CB/GB LI/GI Sign Surface Area 32 sq. ft. 32 sq. ft. 48 sq. ft. 32 sq. ft. Height 4' 4' 6' 4' (C) Minimum Front Yard Setback, Side Yard Setback and Rear Yard Setback for Freestanding Monument Identification Signs on Out Lots. i. Front Yard Setback - a. Limited Access Highway -The minimum front yard setback for any freestanding identification sign shall be fifty (50) feet from proposed right-of--way. b. All Other Streets -The minimum front yard setback or front residential bufferyard setback for any freestanding 7 Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (d) On-Premise Signs: Commercial / Mized Use Districts and Industrial Districts (Ezcept for the MU District and CBD District) monument identification sign on an out lot shall be five (5) feet from proposed right-of--way. ii. Side Yard Setback or Rear Yard Setback -The minimum side yard setback, rear yard setback, side residential bufferyard setback or rear residential bufferyard setback for a freestanding identification sign shall be the same as required for any building or structure. (D) Maximum Height of Freestanding Monument Identification Signs on Out Lots. The maximum height above grade of freestanding monument identification signs on out lots shall not exceed that specified in Table 21- 07.03 (d) - E: Sign Surface Area and Height, above. (4) Building Identification Signs. (A) Type of Signs. Building identification signs shall be limited to wall signs. In addition, awning signs, canopy signs or marquee signs may be permitted subject to the provisions of Section 21-07.03 (d) (4) (D), below. (B) Number of Building Identification Signs. There shall be no limit to the number of building identification signs per facade, provided that the total sign surface area of all building signs located on each building facade shall not exceed the maximum sign surface area for the building facade upon which such signs are located. (C) Maximum Sign Surface Area of Building Identification Signs. The total sign surface area of all building identification signs oriented to an individual facade shall not exceed: i. Front Facade: a. OB and ODistricts -five (5) percent of the total area of the front facade of the structure or tenant space; or, b. LB, CB, GB, LI and GI Districts -ten (10) percent of the total area of the front facade of the structure or tenant space; Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (d) On-Premise Signs: Commercial / Mized Use Districts and Industrial Districts (Ezcept for the MU District and CBD District) ii. Side Facade and Rear Facade: a. OB and ODistricts -three (3) percent of the side facade or rear facade of the structure or tenant space; or, b. LB, CB, GB, LI and GI Districts -five (5) percent of the side facade or rear facade of the structure or tenant space, provided, however, that for any side facade or rear facade of a building oriented toward a customer parking area, street or limited access highway, the maximum sign surface area for a front facade shall apply; and, iii. The linear measurement of a business identification sign shall not exceed eighty (80) percent of the linear width of the facade of the structure or tenant space on which the sign is located. (D) Awning Sign, Canopy Sign or Marquee Sign. Wherever a wall sign is permitted in a Commercial /Mixed Use District or Industrial District, the use of an awning sign, canopy sign or marquee sign shall be allowed subject to the following provisions: i. Total Area -The total area of the awning, canopy or marquee (i.e., the combined two dimensional surface area of all sides of the awning, canopy or marquee) shall not exceed the sign surface area allocated to the facade of the building upon which the awning, canopy or marquee is attached. ii. Sign Surface -The portion of the awning, canopy or marquee which includes a sign surface shall not exceed: a. fifty (50) percent of the total area of an awning or canopy; or, b. seventy-five (75) percent of the total area of a marquee. Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (d) On-Premise Signs: Commercial /Mixed Use Districts and Industrial Districts (Except for the MU District and CBD District) iii. Clearance to Grade -The bottom edge of the: a. awning or canopy shall: 1. not be less than eight foot -six inches (8' - 6") above grade over a walkway for any portion of a rigid framing; and, 2. not less than seven foot -six inches (7' - 6") above grade over a walkway for any portion of a flexible cloth, canvas or similar skirt which maybe suspended below the rigid framing a maximum of one (1) foot; b. marquee shall not be less than nine (9) feet above grade over a walkway; or, c. awning, canopy or marquee shall not be less than fifteen (15) feet above grade over a driveway, interior access drive or alley. iv. Projection from Building -The maximum projection of an awning, canopy or marquee shall not exceed eight (8) feet from or beyond its supporting building and shall not project beyond any walkway adjacent to the building. v. Marquee Sign - A marquee sign may include anon-changeable copy sign attached to or mounted on top of a marquee, subject to the sign surface area limitations set forth above. vi. Encroachment Over Public Right-of--Way - No awning, canopy or marquee shall encroach into the air rights of any public street right-of--way. (5) Incidental Signs. (A) Type of Signs. Incidental signs shall be monument signs or wall signs. 10 Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (d) On-Premise Signs: Commercial / Mized Use Districts and Industrial Districts (Ezcept for the MU District and CBD District) (B) Number of Signs. i. If a lot or integrated center has one (1) driveway, two (2) incidental directional signs shall be permitted at the driveway entrance or exit; ii. If a lot or integrated center has more than one (1) driveway, one (1) incidental directional sign shall be permitted for each driveway; iii. One (1) incidental directional sign or one (1) incidental parking and loading sign shall be permitted at each critical turning point along an interior access drive when required to safely direct vehicular traffic (e.g., to direct vehicular traffic to: a drive through facility; a customer or employee parking area; or, a delivery or loading area); and, iv. If a lot is occupied by a use which includes a drive through facility, one (1) menu board shall be permitted adjacent to the drive through facility as an incidental directional sign to announce the selection of services or products available at the drive through facility and the prices thereof. (C) Maximum Sign Surface Area of Incidental Signs. i. Incidental signs shall not exceed: a. O, OB and LB Districts -two (2) square feet in sign surface area per sign. b. CB, GB, LI and GI Districts -six (6) square feet in sign surface area per sign. ii. Notwithstanding anything contained in this Section to the contrary, a menu board sign permitted as an incidental directional sign adjacent to the drive through facility shall not exceed forty-eight (48) square feet in sign surface area. (D) Minimum Front Yard Setback, Side Yard Setback and Rear Yard Setback for Freestanding, Incidental Signs. i. Front Yard Setback or Front Residential Bufferyard Setback -three (3) feet from proposed right-of--way. 11 Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (d) On-Premise Signs: Commercial /Mixed Use Districts and Industrial Districts (Except for the MU District and CBD District) ii. Side Yard Setback, Rear Yard Setback, Side Residential Bufferyard Setback and Rear Residential Bufferyard Setback -the same as required for any building or structure. (E) Maximum Height of Incidental Signs. The maximum height of a freestanding incidental monument sign shall not exceed four (4) feet in height above grade. ii. Notwithstanding anything contained in this section to the contrary, the maximum height of a menu board sign permitted as a freestanding incidental directional monument sign adjacent to a drive through facility shall not exceed seven (7) feet in height above grade. (6) Suspended Signs in Integrated Centers. Suspended signs shall be permitted on any building containing two or more individual, non-related and separately operated uses subject to the following regulations: (A) There shall be no more than one (1) suspended sign per front facade of the structure or tenant space of each grade-level tenant. (B) The maximum sign surface area of a suspended sign shall not exceed five (5) square feet. (C) All portions of the suspended sign or sign structure shall be not less than eight foot -six inches (8' - 6") above finished grade if made of rigid construction, or seven foot -six inches (7' - 6") above grade is made of a flexible cloth, canvas or similar material. (7) Outdoor Display Area Signs. Outdoor display areas shall be permitted additional signs as specified below: (A) Outdoor display area signs shall be limited to banner signs: i. which are mounted on light poles located on the lot and within or adjacent to the outdoor display area; and, ii. which are mounted to the light poles with upper and lower horizontal supports; 12 Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (d) On-Premise Signs: Commercial /Mixed Use Districts and Industrial Districts (Except for the MU District and CBD District) (B) Individual outdoor display area banner signs shall not exceed the maximum dimensions specified below, either: i. three feet in width by eight feet in height (3 ft. X 8 ft.); or, ii. three and one-half feet in width by five and one-half feet in height (3 %Z ft. X 5 % ft.). (C) All individual outdoor display area banner signs placed on a lot shall be of the same dimensions, shall be oriented on the side of the light poles facing toward the outdoor display area, and shall be placed at the same relative location on all light poles; (D) No light pole shall contain more than one (1) banner sign; (E) The total surface area of all outdoor display area banner signs shall not exceed a ratio of three (3) square feet per one-thousand (1,000) square feet of outdoor display area; and, (F) Outdoor display area banner signs may announce the name of the business, operation, manufacturer, product or items on display. 13 Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (e) On-Premise Signs: MU &CBD Districts Section 21-07.03 Sign Regulations. (e) On-Premise Signs: MU -Mixed Use District and CBD -Central Business District (1) Freestanding Identification Signs. (A) Type of Signs. Freestanding identification signs shall be monument signs. (B) Number of Signs. One (1) freestanding identification sign shall be permitted for each street or limited access highway which abuts a lot. When a lot abuts more than one street or limited access highway and qualifies for an additional freestanding identification sign, the minimum sepazation between freestanding identification signs on the lot, regardless of the orientation of the freestanding identification signs, shall be one hundred (100) feet. (C) Maximum Sign Surface Area of Freestanding Signs. Maximum sign surface area shall apply individually to each street or limited access highway. The maximum sign surface area shall not exceed one (1) squaze foot for each one (1) lineal foot that a lot abuts a street or limited access highway to a maximum sign surface area of: i. MU District -thirty-two (32) square feet per street or limited access highway. ii. CBD Disrtrict -sixty-four (64) squaze feet per street or limited access highway. (D) Minimum Front Yard Setback, Side Yard Setback and Rear Yard Setback for Freestanding Identification Signs. i. Limited Access Highway -The minimum front yard setback for any freestanding identification sign shall be fifty (50) feet from proposed right-of--way. Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (e) On-Premise Signs: MU &CBD Districts ii. All Other Streets -There shall be no minimum required front yard setback, side yard setback or rear yard setback for freestanding identification signs, provided, however, such signs shall not encroach into any public right-of--way or any clear sight area regulated by Section 21-01.01 (t) -Clear Si t Area Requirements. (E) Maximum Height of Freestanding Identification Signs. The maximum height of a freestanding monument identification sign shall not exceed: i. MU District -eight (8) feet in height above grade. ii. CBD District -fifteen (15) feet in height above grade. (2) Building Identification Signs in the MU District and CBD District. (A) Lower Level Building Identification Signs. Building identification signs located on the first eighteen (18) feet of building height or the actual building height, whichever is less, shall be considered lower level building identification signs. Lower level building identification signs shall be limited to wall signs. In addition, awning signs, canopy signs or marquee signs maybe permitted subject to the provisions of Section 21-07.03 (e) (2) (D), below, or projecting signs may be permitted subject to the provisions of Section 21-07.03 (3) (2) (C), below. The total sign surface area of all lower level building identification signs oriented to an individual facade shall not exceed: i. Front Facade -ten (10) percent of the total area of the first eighteen (18) feet or the actual building height, whichever is lesser, of front facade of a building; and, ii. Side Facade and Rear Facade -five (5) percent of the total area of the first eighteen (18) feet or the actual building height, whichever is lesser, of a side or rear facade of a building, provided, however, that for any side facade or rear facade of a building oriented toward a customer parking area, street or limited access highway, the maximum sign surface area often (10) percent shall apply. Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (e) On-Premise Signs: MU & CBD Districts (B) Upper Level Building Identification Signs. Building identification signs located above the first eighteen (18) feet of building height shall be considered upper level building identification signs. Upper level building identification signs shall be limited to wall signs. The total sign surface area of all upper level building identification signs oriented to an individual facade shall not exceed: i. Front Facade -five (5) percent of the total area of the front facade of a building located above eighteen (18) feet above grade; and, ii. Side and Rear Facades -three (3) percent of the total area of a side or rear facade of a building located above eighteen (18) feet above grade, provided, however, that for any side facade or rear facade of a building oriented toward a customer parking area, street or limited access highway, the maximum sign surface area of five (5) percent shall apply. A Upper Level Sign Facade g A X B C Upper Level Sign Facade Lower Level ~ ~ Lower Level Sign Facade 18' ~$ Sign Facade AX18' I I CX18' Determination of Lower Level /Upper Level Signs Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (e) On-Premise Signs: MU & CBD Districts (C) Projecting Building Identification Signs. i. Maximum Height of Projecting Building Identification Signs. Projecting building identification signs shall not extend above the roof line. ii. Sign Surface Area. a. Total Area -The sign surface area of a projecting building identification sign shall not exceed the sign surface area allocated to either: lower level building identification signs; or, upper level building identification signs, whichever is applicable based upon the location on facade of the building upon which the projecting building identification sign is attached. b. Sign Split between Upper and Lower Levels - In the case of projecting Sign a projecting building identification sign located partially as a lower level sign and partially as an upper level sign, the sign surface area regulations regarding upper level building identification signs shall apply. c. Corner Lots - In the case of a projecting building identification sign located on the corner of a building oriented toward the intersection of two or more streets, such corner projecting building identification sign shall count against the total sign surface area of building identification signs authorized on the smaller front facade. 4 Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (e) On-Premise Signs: MU & CBD Districts iii. Maximum Number of Projecting Building Identification Signs. a. Front Facade -One (1) projecting building identification sign shall be permitted for each two-hundred (200) feet in width of a front facade of a building oriented toward a street. Whenever more than one (1) projecting building identification sign is permitted, the minimum separation between projecting building identification signs oriented toward the same street shall one-hundred (100) feet. b. Corner Lots - In the case of a building located on a corner lot, a projecting building identification sign maybe located at the corner of the building oriented toward the intersection of two or more streets, provided, however, that no other projecting building identification signs shall be located on the same building within one-hundred (100) feet of a corner projecting building identification sign, regardless of orientation. iv. Maximum Projection from Building for Projecting Building Identification Signs. a. Projection from Building - No projecting building identification sign or sign structure supporting a projecting building identification sign shall extend more than eight (8) feet from or beyond its supporting building. b. Distance from Curb - No projecting building identification sign or sign structure shall not extend any closer to an imaginary perpendicular vertical plane located at the street pavement line, curb or outside edge of sidewalk than three (3) feet. c. Encroachment over Right-of--Way -Projecting building identification signs in compliance with the above regulations may project into the air rights of a public right-of--way if approval for such encroachment into the air rights of a public right-of--way is obtained from the governmental authority having jurisdiction prior to the placement of the projecting building identification sign. Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (e) On-Premise Signs: MU & CBD Districts v. Minimum Height Above Grade for a Projecting Building Identification Sign. The bottom edge of a projecting building identification sign shall not be less than ten (10) feet above grade over a walkway or fifteen (15) feet above grade over a driveway. (D) Awning Sign, Canopy Sign or Marquee Sign. Wherever a lower level building identification sign is permitted, the use of an awning sign, canopy sign or marquee sign shall be allowed subject to the following provisions: i. Total Area -The total area of the awning, canopy or marquee (i.e., the combined two dimensional surface azea of all sides of the awning, canopy or marquee) shall not exceed the sign surface area allocated to lower level building identification signs on the facade of the building upon which the awning, canopy or marquee is attached. ii. Sign Surface -The portion of the awning, canopy or marquee which includes a sign surface shall not exceed: a. fifty (50) percent of the total azea of an awning or canopy; or, b. seventy-five (75) percent of the total azea of a marquee. iii. Clearance to Grade -The bottom edge of the: a. awning or canopy shall: not be less than eight foot -six inches (8' - 6") above grade over a walkway for any portion of a rigid framing; and, 2. not less than seven foot -six inches (7' - 6") above grade over a walkway for any portion of a flexible cloth, canvas or similar skirt which maybe suspended below the rigid framing a maximum of one (1) foot; b. marquee shall not be less than nine (9) feet above grade over a walkway; or, Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (e) On-Premise Signs: MU & CBD Districts awning, canopy or marquee shall not be less than fifteen (15) feet above grade over a driveway, interior access drive or alley. iv. Projection from Building -The maximum projection of an awning, canopy or marquee shall not exceed eight (8) .feet from or beyond its supporting building and shall not project beyond any walkway adjacent to the building. v. Marquee Sign - A marquee sign may include anon-changeable copy sign attached to or mounted on top of a marquee, subject to the sign surface area limitations set forth above. vi. Encroachment Over Public Right-of--Way - No awning, canopy or marquee shall encroach into the air rights of any public street right-of--way. (3) Incidental Signs. (A) Type of Signs. Incidental signs shall be monument signs or wall signs. (B) Number of Signs. i. If a lot has one (1) driveway, two (2) incidental directional signs shall be permitted at the driveway entrance or exit; ii. If a lot has more than one (1) driveway, one (1) incidental directional sign shall be permitted for each driveway; and, iii. One (1) incidental directional sign or one (1) incidental parking and loading sign shall be permitted at each critical turning point along an interior access drive when required to safely direct vehicular traffic (e.g., to direct vehiculaz traffic to: a drive-up window; a customer or employee parking area; or, a delivery or loading area). Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (e) On-Premise Signs: MU &CBD Districts (C) Maximum Sign Surface Area of Incidental Signs. The maximum sign surface area of incidental signs shall not exceed: i. MU District -two (Z) square feet in sign surface area per sign. ii. CBD District -six (6) square feet in sign surface area per sign. (D) Minimum Front Yard Setback, Side Yard Setback and Rear Yard Setback for Freestanding Incidental Signs. There shall be no minimum required front yard setback, side yard setback or rear yard setback for freestanding incidental signs, provided, however, such signs shall not encroach into any public right-of--way. (E) Maximum Height of Freestanding Incidental Signs. The maximum height of a freestanding incidental monument sign shall not exceed four (4) feet in height above grade. (4) Suspended Signs. Suspended signs shall be permitted on any building containing two or more individual, non-related and separately operated uses subject to the following regulations: (A) There shall be no more than one (1) suspended sign per front facade of the structure or tenant space of each grade-level tenant. (B) The maximum sign surface area of a suspended sign shall not exceed five (5) square feet. (C) All portions of the suspended sign or sign structure shall be not less than eight foot -six inches (8' - 6") above finished grade if made of rigid construction, or seven foot -six inches (7' - 6") above grade is made of a flexible cloth, canvas or similar material. Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (f) Off-Premise Signs Section 21-07.03 Sign Regulations. (f) Off-Premise Signs. (1) Districts Allowed. Off-premise signs shall only be permitted in the CB -Community Business Districts, GB -General Business Districts, LI -Light Industrial Districts and GI -General Industrial Districts established under this Ordinance. (2) Types of Signs, Off-premise signs shall be limited to pole signs. (3) Sign Surface Area for Off-Premise Signs. (A) Limited Access Highways -The maximum sign surface area for off-premise signs oriented toward a limited access highway shall be six-hundred and seventy-two (672) squaze feet. (B) All Other Streets -The maximum sign surface area for off=premise signs oriented towazd any street not classified as a limited access highway shall be three hundred (300) squaze feet. (C) Number ofDisplays - An off-premise sign shall not contain more than two (2) displays or messages per sign surface. (D) Temporary Extensions -Temporary extensions or embellishments integrally incorporated into the sign surface and having: a vertical height of no more than four (4) feet above the top of the main portion of the sign; a maximum horizontal dimension of no more than one (1) foot beyond the sides of the main portion of the sign; or, a maximum vertical dimension of no more than one (1) foot below the bottom of the main portion of the sign, with a maximum combined azea not to exceed two-hundred square feet in additional sign surface area maybe added to asix-hundred and seventy-two (672) square foot off-premise sign. (E) Concealment of Sign Supports -The backs ofoff=premise signs shall be: concealed by another sign surface; screened by suitable azchitectural treatment; or, painted to blend with the surrounding (and maintained as such), so that the supports, tie rods, bracing or framework which supports the sign surface is screened from view. Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (f) Off-Premise Signs (F) Empty Displays Prohibited -Empty sign surfaces, or signs without a display or message covering the entire sign surface, shall be prohibited. This regulation shall apply individually to each display surface. (4) Distance Between Off-Premise Signs. (A) Linear Spacing /Limited Access Highways -The minimum separation between off-premise signs located along and oriented toward the same limited access highway shall be one-thousand (1,000) feet. (B) Linear Spacing /All Other Streets -The minimum separation between off- premise signs located along and oriented toward the same street shall be seven-hundred and fifty (750) feet. (C) Measurement of Linear Spacing -The method of measurement of the spacing between o~premise signs oriented toward the same limited access highway or street shall be along the centerline of the limited access highway or street to which the off-premise sign is oriented, from the point in the centerline closest to the leading edge of the off-premise sign. (D) Radial Spacing - In no event shall anoff-premise sign be located closer than three hundred (300) feet from any other off-premise sign regardless of location or orientation. (5) Placement Limitations Along Limited Access Highways. (A) Location Restrictions - No off-premise sign shall be located within five hundred (500) feet of an interchange, at-grade intersection or rest area on any limited access highway. (B) Measurement -The method of measurement of the location restrictions along a limited access highway shall be along the centerline of the limited access highway or street, measured from the nearest point of the intersection of the centerline of the exit /entrance ramp or intersecting street and the right hand lane of the main traveled way of the limited access highway closest to the off-premise sign. (6) Maximum Height of Off-Premise Signs. The maximum height of anoff-premise pole sign shall not exceed thirty-five (35) feet above grade. Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (f) Off-Premise Signs (7) Minimum Front Yard Setback, Side .Yard Setback and Rear Yard Setback of Off-Premise Signs. (A) Front Yard Setback - i. Limited Access Highway -The minimum front yard setback shall be fifty (50) feet from proposed right-of--way. ii. All Other Streets -The minimum front yard setback shall be the same as required for any building or structure. (B) Side Yard Setback and Rear Yard Setback -The minimum side yard setback or minimum rear yard setback for anoff-premise sign shall be the same as required for any building or structure. (8) Separation from Certain Districts or Uses. (A) Linear Spacing -The minimum distance between anoff-premise sign and a residential district, historic preservation district, public park -active or passive, residential use, religious use, private or pazochial school, designated historic landmazk or river shall be two-hundred (200) feet, measured along the centerline of the limited access highway or street to which the off-premise sign is oriented, from the point in the centerline closest to the leading edge of the off-premise sign to the point in the centerline nearest district boundary or lot line of a use specified herein. (B) Radial Spacing -The minimum distance between anoff-premise sign and a residential district, historic preservation district, public park -active or passive, residential use, religious use, private or parochial school, designated historic landmark or river shall be one-hundred (100) feet, measured perpendiculaz from the neazest edge of the sign surface to the neazest district boundary or lot line of a use specified herein. (9) Construction of Off-Premise Signs. The supports, uprights, bracing and framework of anoff-premise sign shall be of steel construction. (10) Associated Sphere of Influence. The total number ofoff-premise signs within the associated sphere of influence shall at no time exceed the total number of ofdpremise signs legally in existence in said area on the effective date of Ordinance No. 5647-74. Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (f) Off-Premise Signs (11) Separations /Jurisdictional Boundaries. The lineal and radial separation distances contained in this Section 21-07.03 (fj shall not be limited by jurisdictional boundaries. Required separation distances for proposed off-premise signs located within the corporate limits of the City of South Bend shall also be maintained from off-premise signs located in adjacent municipalities or jurisdictional areas. Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (g) General Sign Regulations Section 21-07.03 Sign Regulations. (g) General Sign Regulations. (1) Calculation ofSign Surface Area. (A) Multifaced Signs. The sign surface area for a sign with more than one (1) sign face shall be computed by adding together the sign surface area of all sign faces visible from any one point. When two (2) sign faces are placed back to back, or at no greater than fifteen (15) degrees from one another, so that both 15~ faces cannot be viewed from any point at the same time, the sign surface area shall be computed by the measurement of one (1) of the sign faces. In ~ 42~~ addition, except for off-premise signs, such sign faces that are part of the same sign structure shall not be more than forty-two (42) inches apart. Sign Face Angle and Separation (B) Monument Sign Support Base as Sign Surface Area. In the case of a freestanding monument sign with an ornamental shell or external support structure in excess of twenty-four (24) inches in width and in excess of one (1) foot in height above grade to the base of the sign face, the ornamental shell or external support structure shall be considered to be the background of the display used to differentiate the sign from the backdrop and the area of ornamental shell or external support structure shall be included in the calculation of sign surface area. Area 1 Area 2 Support Area,1 (yes: than r In ne~ynt) Support Base -Not Sign Surface Area Area 2 ~,...~lUll ~ it thM wpport IMS wODals n sipn wrht~ arw ~ 1' above 0T T Support Base -Part ofSign Surface Area Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (g) General Sign Regulations (C) Sign Surface Area Determinations. When calculating the sign surface area of any sign, a maximum of three (3) distinct and abutting "Areas" made up of circles, ovals squares or rectangles may be used to encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the Area 2 ............ ............. 'ail l ~1 ~q~.:: Hr~~ v ~; •.••••••••••• ~- Area 3 Areas Used to Detenmine Sign Surface Area display or used to differentiate the sign from the backdrop or structure against which it is placed. In the case of a freestanding monument sign with a base or pole cover not in excess of twenty-four (24) inches in width and not in excess of one (1) foot in height above grade to the base of the sign face, a maximum of two (2) "Support Areas" shall be permitted which shall not be included in the count of the maximum number of "Areas". Any such additional "Support Areas", or "Support Areas" in excess of twenty-four (24) inches in width and in excess of one (1) foot in height above grade to the base of the sign face, shall be included in the overall calculation of sign surface area. (D) Fagade Area Calculations for Building Signs -When calculating the area of a facade upon which a building sign may be placed, the following regulations shall be followed to determine the azea of the facade: ~~ Fagade Area = A X B Fapade Area Calculations -Square or Rectangular Shaped Fagade ...., --Area Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (g) General Sign Regulations i. Square or Rectangular Shaped Facade -The area of the facade of the building or tenant space shall be the length of the building or tenant space times the height of the building or tenant space. ii. Irregulaz Shaped Facade -The area of the facade shall be the actual surface area of the facade of the building or tenant space above grade and beneath the top of the wall. ®- Facade Area Facade Area - Irregulaz Shaped Facade iii. Lower Level Signs In the MLT Districts or CBD Districts -The azea of the facade for lower level building signs shall be the actual surface area of the facade of the building or tenant space above grade and beneath the lesser of top of the wall or eighteen (18) feet above grade. iv. Upper Level Signs in the MLJ Districts or CBD Districts -The area of the facade for upper level building signs shall be the actual surface area of the facade of the building or tenant space located above eighteen (18) feet above grade. It-- A --I Upper Level Sign Facade g A X B C Upper Level Sign Facade Lower Level ~ Lower Level Sign Facade 18' ~ ~ O 18' Slgn Facade AX18' ~ U ~ CX18' Fagade Area -Upper and Lower Level Signs Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (g) General Sign Regulations v. Buildings With Irregular Footprints -The area of the facade shall be determined by the smallest two dimensional area, pursuant to the above regulations, from which the facade, or portion thereof, maybe viewed. (E) Signs on Ornamental, Decorative Fence or Masonry Wall -The sign surface area of a sign face located on an ornamental, decorative fence or masonry wall shall be limited to the area of the sign face only if the fence or wall has a length of not less than three (3) times the width of the sign or message element. If a fence or wall is less than three (3) times the width of the sign or message element, the fence or wall shall be deemed to be part of the background of the display used to differentiate the sign from the backdrop and the entire area of the fence or wall shall be considered part of the sign surface area. Facade A~ 1 o ~ I m m m A 6I 1-I /3~ a Facade C Facade A -Sign 1 Facade B - Slgns 2 8 3 Facade C -Sign 4 Facade D -Signs 5, 6 8 7 Facade Area for Buildings with Irregular Footprints (2) Freestanding Signs as Accessory Structures. Freestanding signs and sign structures are hereby declared to be accessory structures. As accessory structures, freestanding signs and sign structures may not occupy a lot without a primary use or building also being legally located on the lot, unless in compliance with the regulations of this ordinance for temporary signs or off-premise signs. 4 Ord. No.: 9495-04 Ornamental, Decorative Fence or Masonry Wall Greater Than Three Times Length of Sign Section 21-07.03 Sign Regulations (g) General Sign Regulations (3) Removal of Freestanding Signs. Notwithstanding anything contained in Section 21-01.03 (jl -Legally Established Nonconformin Sg ians to the contrary, freestanding on premise signs and sign structures, shall be subject to the following removal provisions: (A) When the building, or any activity, business, entertainment, commodity, product, profession or service conducted, manufactured, offered or sold on the premise not located in a building, is removed, any sign and sign structure located on the lot and accessory to such building, or activity, business, entertainment, commodity, product, profession or service shall also be removed coincidentally with the removal of such building, or activity, business, entertainment, commodity, product, profession or service. Any new sign or sign structure located after such coincident removal, shall be located in compliance with the provisions of this Ordinance. (B) When a legally established nonconforming building, or any activity, business, entertainment, commodity, product, profession or service not located in a building, suffers a partial destruction in excess of the value specified in Section 21-01.03 (i) -Legally Established Nonconforming Sims of this Ordinance and such building, or activity, business, entertainment, commodity, product, profession or service must be removed and brought into compliance with the terms of this Ordinance, any sign or sign structure located on the lot shall also be brought into compliance with the terms of this Ordinance. (4) Cutting of Trees or Shrubs. No person, for the purpose of increasing or enhancing the visibility of any sign, shall damage, trim, destroy, or remove any trees, shrubs or other vegetation located: (A) Within any public street right-of--way unless the work is done pursuant to the express written authorization of the governmental department having jurisdiction over said public street; (B) On property that is not under ownership or control of the person doing or responsible for such work unless the work is done pursuant to the express authorization of the person owning the property where such trees or shrubs are located; or, Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (g) General Sign Regulations (C) In any area where such trees or shrubs are required to remain under a permit issued under this Ordinance. (5) Illuminated Signs. (A) Lighting directed towards a sign shall be shielded so that it illuminates only the sign surface and does not shine on, cause glare to or otherwise impair the vision of the driver of any motor vehicle traveling on a public right-of--way. (B) This sub-Section shall not apply to signs that are an integral part of a vending machine, telephone booth or, do not exceed two (2) square feet in sign surface area. (6) Changeable Copy Signs. Changeable copy signs shall be permitted as part of an otherwise permitted sign, provided that: (A) If a single use site, a maximum of one (1) changeable copy sign shall be permitted which may be part of either a freestanding sign or a wall sign; (B) If an integrated center, either one (1) changeable copy sign shall be permitted as part of a freestanding sign, or each individual use within an integrated center shall be permitted one (1) changeable copy sign as part of a pernitted wall sign; (C) A changeable copy sign may be used as part of either a freestanding sign or as part of a wall sign, but not both; and, (D) The changeable copy sign shall not exceed forty (40) percent of the sign surface area of the permitted sign. (7) Gasoline Service Station Signs. Signs maybe located on a gasoline island canopy, gasoline island spandrels, pump islands or dispensers and shall be considered as and regulated as building wall signs subject to the following exceptions: (A) Such signs located on a gasoline island canopy, gasoline island spandrels, gasoline pump islands or gasoline dispensers shall not exceed: i. fifty (50) percent of the surface area of the facade of the canopy; or, Ord. No.: 9495-04 Section 21-07.03 Sign Regulations (g) General Sign Regulations ii. fifty (50) percent of the facade of the gasoline dispensers, spandrel or pump island upon which such sign is located. (B) Such signs maybe located on either a gasoline island spandrel or a gasoline pump island, but not both. -~L ~C I~ D ~mA spX teeny g xa 4 ~p ~ ~ S,8 ~ oG M 1 'V~'1 Gasoline Service Station -Canopy, Spandrel, Pump Island and Dispenser Signs (8) Maintenance of Signs. Nothing contained in this Ordinance shall be construed to prevent the maintenance, repainting or posting of legally established signs. Maintenance shall include the replacement of sign surfaces within a sign structure provided that the sign structure is not removed or changed in any dimension. All signs shall be maintained in good repair (e.g., without pealing paint or broken sign faces) and in operable condition (e.g., if internally illuminated, all light bulbs or tubes shall be operational) at all times. The City of South Bend may order the removal of any sign which becomes a public hazard due to lack of maintenance and repair. (9) Compliance with Other Codes. All signs shall be constructed, connected, operated and maintained according to the specifications of the building and electrical codes of the City of South Bend. (10) Clear Sight Areas. No sign shall interfere with the clear sight area specified in Section 21-01.01 (t) - Clear Sight Area Requirements. Ord. No.: 9495-04 Section 21-07.04 Off-Street Parking Regulations Section 21-07.04 Off-Street Parking Regulations. Intent -These Off-Street Parking Regulations are intended to provide for the provision ofoff- street parking areas which are adequate to support the needs of proposed uses and future uses of a site while at the same time assuring that the design and construction of such off-street parking areas meet minimum design standards necessary to promote efficient circulation and prevent undue traffic congestion. (a) Applicability. (1) Parking for Buildings, Structures or Uses. All new development, additions to buildings or structures, or conversions of use for which an improvement location permit is required by this Ordinance in any district except the CBD District shall provide required off-street parking areas in accordance with the regulations of this Section 21-07.04. Such off-street parking areas maybe provided in either a surface parking area or a parking garage. If off-street parking areas are provided in a parking garage, such parking garage shall be located in compliance with the development standards of the applicable district of this Ordinance regarding: minimum yards and setbacks; landscaping of perimeter yards and residential bufferyards (Section 21-07.01 (b); and, foundation landscaping (Section 21-07.01 (c)). (2) Exceptions to Off-Street Parking Regulations for any CBD District. Off-street parking areas shall not be required for any use located in any CBD District. Any off-street parking areas which are provided, although not required, shall be developed in compliance with the design and construction standards set forth in this Section 21-07.04. (b) Existing Parking Areas. Existing off-street parking areas shall not be reduced below the minimum requirement for such use as required by this Ordinance. Any off-street parking areas existing prior to the effective date of this Ordinance which were already below the standards established by this Ordinance shall not be further reduced. (c) Location of Parking Areas. Off-street parking areas shall be located: (1) on the same lot as the building, structure or use served by the o~street parking area; Ord. No.: 9495-04 Section 21-07.04 Off-Street Parking Regulations (2) within the same integrated center, business park, or industrial park as the building, structure or use served by the off-street parking area; or (3) within five hundred (500) feet, of the building, structure or use served by the off-street parking area, provided that such off-site location for the off-street parking area is approved by the Board of Zoning Appeals as a Special Exception Use where: (A) such o, f~ j`~street parking area shall be located within a district which permits the use for which the off-street parking is provided; and, (B) a written agreement, property drawn and executed by the parties concerned and approved as to form by the South Bend City Attorney, assuring the availability of the off-street parking area is filed with the Board of Zoning Appeals as part of the request for approval of the Special Exception. (d) Design and Construction of Off-Street Parking Areas. The design and construction of all required off-street parking areas shall be in compliance with the stricter of the regulations contained in this Section 21-07.04, (d)., or the minimum specifications prescribed by the Board of Public Works. (1) Design ofParkingAreas. (A) Layout -The layout of all off-street parking areas shall be in compliance with one (1) of the Options set forth below: i. Option 1: in the Architectural Graphic Standards, Tenth Edition, or most current edition, for a Level of Service "A" or "B"; or, ii. Option 2: in Table 21-07.04 A: Parking Lot Design, below: Table 21-07.04 A: Parking Lot Design Angle of Parking Space Minimum Width of Parking Space Minimum Depth of Parking Space Minimum Width of Maneuvering Aisle 61 ° - 90° 9'-0" 20'-0" 24'-0" 46° - 60° 9'-0" 19'-0" 18'-0" (one way) 45° 8'-6" 18'-0" 15'-0" (one way) Parallel 8'-0" 22'-0" 12'-0" (one way) Ord. No.: 9495-04 Section 21-07.04 Off-Street Parking Regulations Wheel Stop ~~ 2.5' 1'~ = rn .~ m 24' Aisle ~T 9' tE- 20' W Example of Parking Lot Design Regulations ~141~ ~IQ 18' - ~14'I~ =18'~ IE 22' Example of Parallel Parking Regulations rn .Q ._ m (B) Landscaping -Except for individual single family dwellings or two family dwellings, the layout of all off-street parking areas shall comply with the design related regulations contained in sub-Sections 21-07.01, (d) and 21-07.01, (g) of Section 7.01 -Landscaping Regulations of this Ordinance. (C) Definition of Off-Street Parking Spaces -Except individual single family dwellings or two family dwellings, all off-street parking spaces shall be: i. identified by painted lines (minimum four inches (4") in width), raised curbs or other means to indicated individual spaces; and, 3 Ord. No.: 9495-04 Section 21-07.04 Off-Street Parking Regulations ii. provided with a raised curb, wheel stops or other devices to insure that motor vehicles do not encroach beyond the off-street parking area or into a required yard. (2) Surface of Off-Street Parking Areas. All required off-street parking areas and any driveway, interior access driveway or interior access drive to and from such off-street parking areas shall be hard surfaced with asphalt, concrete or other material to provide a durable, dust-free surface, which meets or exceeds the minimum specifications prescribed by the Board of Public Works, provided, however, a temporary or seasonal use permitted by the district in which such temporary or seasonal use is located may use an unimproved or gravel surface for the duration of the temporary or seasonal use. If a temporary gravel surface is provided, such gravel shall be removed and the off-street parking area shall be returned to its prior condition immediately upon cessation of the temporary or seasonal use. (e) Minimum Number of Required Off-Street Parking Spaces. Off-street parking for all uses shall be provided in accordance with the minimum requirements set forth in Table 21-07.04-D: Minimum ADA Parking Spaces and Table 21-07.04-D: Required Off-Street Parkins. When the computation of required off-street parking spaces results in a fraction of one-half (1/2) or greater, the number of required off-street parking spaces shall be rounded up to the next whole number. (1) Increase in Intensity of Use. Additional off-street parking spaces shall be required whenever: (i) a change of use of a building, structure or lot; or, (ii) an addition to any unit of measurement specified herein (i.e., dwelling units, gross floor area, seating capacity, number of employees, etc.), results in an increase in the minimum number of required off- street parking spaces to an extent of fifteen (15) percent or more than the number ofoff-street parking spaces existing on the effective date of this Ordinance on the single use site, integrated center or industrial park, as the case maybe, whether such total increase occurs at one (1) time or in successive stages. (2) Units of Measurements. (A) Employees -The number of employees shall be compiled based upon the maximum number of persons employed on the premises at any one (1) time on an average day or average night, whichever is greater. (B) Gross Floor Area -Gross floor area shall be determined per the definition ofgross floor area in Section 21-07-11-Definitions. 4 Ord. No.: 9495-04 Section 21-07.04 Off-Street Parking Regulations (C) Seating Capacity /Building Capacity -Seating or building capacity shall be based upon the determination of the Fire Mazshal regazding maximum building capacity. (3) Reduction for Combined Off-Street Parking Areas. (A) Where an integrated center or industrial park proposes uses with dissimilaz peak time parking demands, an alternate pazking plan maybe approved in connection with the issuance of an improvement location permit in which a combined ofdstreet parking area is provided. The total number ofoff-street parking spaces which are developed in a shazed off- street parking area maybe adjusted as indicated in Table 21-07.04 C: Pazking Reduction Percentages. (B) The minimum total number ofoff-street parking spaces to be initially improved under an alternate pazking plan shall be the greatest'total number ofoff-street parking spaces calculated under the following scenarios: Table 21-07.04 C: Parking Reduction Percentages Weekday Weekend Use Daytime (6:00 a.m. to 6:00 p.m.) Evening (6:00 p.m. to midnight) Daytime (6:00 a.m to 6:00 p.m) Evening (6:00 p.m to midnight) Nighttime (Midnight to 6:00 a.m) Hotel /Motel 75% 100% 75°l0 100% 75% Office/Professional Service 100% 10% 10% 5% 5% Industrial 100% 10% 10% 5% 5% Food Sales and Service 50% 100% 100% 100% 10% Retail 60% 90% 100% 70% 5% Recreation 40% 100% 80% 100% 10% Other 100% 100% 100% 100% 100% Ord. No.: 9495-04 Section 21-07.04 Off-Street Parking Regulations Parking Reduction Example: Assume an integrated center including an office building, multiple retail uses, and movie theater which, under the basic minimum requirements of the Ordinance, would be required to provide a total of 225 off-street . parking spaces as set forth below. Parking Reduction Example Basic Minimum Weekday Daytime Weekday Evening Weekend Daytime Weekend Evening Weekend Nightime Office 50 50 5 5 3* 3~ Retail 100 60 90 100 70 5 Theater 75 40 75 60 75 8* TOTAL 225 150 170 165 148 16 Note: Numbers have been rounded up per the requirements of Section 21-07.04, (e). Result: Under an alternate parking plan approval, the minimum total number of off-street parking spaces maybe reduced from 225 off-street parking spaces to 170 ofj~ street parking spaces (the reduction alternative which requires the greatest number ofoff- street parking spaces). (~ Required Parking for the Disabled. Every off-street parking area and parking garage available to the public shall have parking spaces reserved for the use of physically handicapped persons as specified in Table 21-07.04 D: Minimum ADA Parking Spaces (as required by ADA Accessibility Guidelines for Buildings and Facilities, Chapter 4.1.2 (5)(a~, published in the Federal Register, Volume 56, No. 144, dated July 26, 1991); provided, however, facilities which provide medical care and other services to persons with mobility impairments shall provide ADA Parking Spaces as follows: (1) Outpatient units and facilities -10% of the total number ofoff-street parking spaces; and, (2) Units and facilities that specialize in treatment services for persons with mobility impairments - 20% of the total number ofoff-street parking spaces. Ord. No.: 9495-04 Section 21-07.04 Off-Street Parking Regulations Table 21-07.04 D: Minimum ADA Parking Spaces Total Parking Spaces Required Minimum Number of Reserved Spaces 1 - 25 1 26 - 50 2 51 - 75 3 76 - 100 4 101 - 150 5 151 - 200 6 201 - 300 7 301 - 400 8 401 - 500 9 501- 1000 Two percent (2%) of the total number of off-street parking spaces. 1001 and over Twenty (20), plus one (1) for each one hundred (100) off-street parking spaces over one thousand (1000). (g) Bicycle Racks. In order to encourage alternative means of transportation, any off-street parking area which contains in excess of fifty (50) parking spaces shall provide a bicycle rack capable of parking a minimum of ten (10) bicycles. Such bicycle rack shall be so located as to provide reasonable visibility and security while not interfering with the safe and efficient movement of pedestrians or motor vehicles about the lot. 7 Ord. No.: 9495-04 Section 21-07.04 Off-Street Parking Regulations Table 21-07.04 E: Required Off-Street Parking All uses shall provide a minimum number ofoff-street parking spaces as indicated below. 1. Ambulance and Armored Caze Service. One (1) parking space per vehicle plus one (1) parking space per on-duty employee. 2. Amusement centers, skating rinks, pools, natatoriums, exhibition halls. 3. Amusement Park One (1) parking space per one-hundred (100) squaze feet of floor area in public use. Five (5) parking spaces per one-thousand (1,000) square feet of gross floor area within buildings plus one and one-half (1.5) parking spaces per one-thousand (1,000) squaze feet of site azea accessible to the public, exclusive of the parking area. 4. Assembly facilities without fixed seats, One (1) parking space per every twenty-five including dance halls, martial arts (25) squaze feet of floor azea in public use. schools, aerobic and exercise centers, and similaz studios or centers 5. Automobile, motorcycle, truck, bus, RV and boat sales. One (1) parking space per three-hundred (300) square feet of sales floor azea in excess of one- thousand (1000) square feet plus one (1) parking space per two-thousand (2000) squaze feet of open azea. 6. Automotive repair or service facility Five (5) parking spaces per one-thousand (1,000) square feet ofgross floor area devoted to retail sales of automotive supplies or parts, plus two (2) parking spaces per service bay, (a service bay shall not be considered a parking space), plus three (3) customer parking spaces. 7. Bar, Tavern, Nightclub, Cabaret, and One (1) parking space per every three (3) other establishments for the sale of beer persons based upon the maximum number of or intoxicating liquor for consumption on persons that can be accommodated at the same the premises time in accordance with design capacity. 8. Barber Shop /Beauty Shop /Hair Salon / Manicure Shop /Tanning Salon Three (3) parking spaces per each customer seat or service station. Ord. No.: 9495-04 Section 21-07.04 Off-Street Parking Regulations 9. Boarding Houses 10. Bowling alleys One (1) parking space per two (2) guest rooms plus one (1) parking space for owner or manager. Five (5) parking spaces per alley. If, in addition, there are other uses or accessory uses located within or operated in conjunction with the bowling alley, such as restaurants, bars, taverns, nightclubs, and the like, additional parking spaces, calculated based upon the parking requirements for that specific use, shall be provided (calculation shall be based upon the total square feet of gross leasable floor area for such uses located within or operated in conjunction with the bowling alley). 11. Broadcasting, movie or video producing One (1) parking space per two-hundred (200) or recording studios square feet ofgross floor area. 12. Car washes Stacking spaces per wash bay, as required for a drive-through facility, plus three and one-half (3.5) parking spaces per one-thousand (1,000) square feet of gross floor area devoted to office or retail sales. 13. Casinos, approved hotels or buildings One (1) parking space per each employee plus wherein gambling games are conducted one (1) parking space per each three (3) persons based upon the maximum number of persons that can be accommodated at the same time in accordance with the design capacity. 14. College /University One (1) parking space per two (2) employees, plus one (1) parking space per every (10) students based upon the maximum number of students that can be accommodated in accordance with the design capacity, or one (1) parking space per five (5) seats in the main auditorium, whichever is greater. 15. Commercial, trade or business schools Forty (40) parking space per each one-thousand (1,000) square feet of classrooms. Ord. No.: 9495-04 Section 21-07.04 Off-Street Parking Regulations 16. Child care centers One (1) parking space per employee plus three (3) additional parking space. 17. Financial Institutions /Banks One (1) parking space per two-hundred (200) square feet of gross floor area, plus parking spaces as required for each walk-up, drive- through or freestanding bank machine. 18. Financial Institutions /Banks - One (1) parking space for each walk-up, drive- Freestanding Bank Machines, Walk-up through or freestanding bank machine, plus or Drive-through stacking spaces as required for adrive-through facility for any drive-through or freestanding bank machine accessible from an automobile. 19. Funeral homes and mortuaries One (1) parking space per every fifty (50) square feet ofgross floor area in service rooms. 20. Gasoline stations and public garages 21. Grocery store 22. Gun clubs, skeet, target or archery ranges 23. Hardware /Paint /Home Improvement Store 24. Hospitals, sanitariums, rehabilitation centers and emergency medical care service centers Ord. No.: 9495-04 One (1) parking space per each employee, plus two (2) parking spaces for each service bay. Five (5) parking spaces per one-thousand (1,000) square feet ofgross floor area. One (1) parking space per every two (2) employees, plus one (1) parking space per shooting position. Five (5) parking spaces per one-thousand (1,000) square feet ofgross floor area. One (1) parking space per every (4) patient beds, plus one (1) parking space per every two (2) employees, plus one (1) parking space per staff doctor. 10 Section 21-07.04 Off-Street Parking Regulations 25. Hotels and motels 26. Laundromats 27. Libraries, museums and art galleries 28. Industrial: Assembly or Manufacturing 29. Industrial: Warehouse or Distribution One (1) parking space per guest room, plus two (2) parking spaces at office or registration area. If, in addition to guest rooms, there are other uses or accessory uses located within or operated in conjunction with the hotel or motel, such as ballrooms, meeting rooms, dining areas, retail stores, auditoriums, bars, restaurants, taverns, nightclubs, and the like, additional parking spaces, calculated based upon the parking requirements for that specific use, shall be provided (calculation shall be based upon the total square feet of gross leasable floor area for such uses located within or operated in conjunction with the hotel or motel). One (1) parking space per every two (2) washing machines, plus one (1) parking space per every two (2) employees. Ten (10) parking spaces ,plus one (1) parking space per every three-hundred (300) square feet ofgross floor area over two-thousand (2000) square feet. One (1) parking space for each one thousand (1,000) square feet ofgross floor area devoted to such use. If, in addition, there is space devoted to office, retail or other uses specified elsewhere in these regulations, parking required for such additional use shall also be provided. One (1) parking space for each three thousand (3,000) square feet ofgross floor area. If, in addition, there is space devoted to office, retail or other uses specified elsewhere in these regulations, parking required for such additional use shall also be provided. 30. Medical and dental clinics Five (5) parking spaces per each doctor. 11 Ord. No.: 9495-04 Section 21-07.04 Off-Street Parking Regulations 31. Mobile home parks 32. Nursing, convalescent, rest homes, residential facilities for the developmentally disabled and other health homes and institutions. One and one-half (1 %Z) parking spaces per mobile home park lot plus there shall be a conveniently located area for visitor parking at a ratio of one-half ('/z) space per lot; provided, however, in no case shall there be less than twenty-five (25) parking spaces provided per mobile home park. One (1) parking space per every four (4) beds plus one (1) parking space per every two (2) employees, plus one (1) parking space per staff doctor. 33. Off-track parrmutual wagering facility One (1) parking space per each employee, plus one (1) parking space per every three (3) persons based upon the maximum number of persons that can be accommodated at the same time in accordance with the design capacity. 34. Offices and office buildings Three and one half (3.5) parking spaces per one-thousand (1000) square feet ofgross floor area. 35. Private clubs, dormitories, fraternities, sororities and lodges -with sleeping rooms 36. Private clubs, fraternities, sororities and lodges - no sleeping rooms Two (2) parking spaces per every three (3) sleeping rooms or one (1) parking space per every (5) members, whichever is greater. One (1) parking space per every five (5) members. 37. Publishing establishments, newspaper Two (2) parking spaces per one-thousand or printing shops (1,000) square feet ofgross floor area, plus three and one half (3.5) parking spaces per one- thousand (1000) square feet devoted to office or related retail activities. 38. Railroad or motor bus passenger One (1) parking space per every (50) square feet stations or heliports ofgross floor area, plus one (1) parking space per every two (2)employees. 39. Refuse dumps or landfills Ord. No.: 9495-04 One (1) parking space per employee. 12 Section 21-07.04 Off-Street Parking Regulations 40. Religious Uses -Churches or temples 41. Residential: Single Family 42. Residential: Multifamily, including apartment houses 43. Residential: Two Family 44. Restaurants: Family restaurant, Family restaurant with lounge, Fast food restaurant 45. Restaurants: Drive-In Restaurant 46. Restaurants: Drive-Through only (no seating) 47. Retail -Single Use Sites One (1) parking space per every four (4) seats in the main sanctuary, auditorium or assembly room. One (1) parking space per dwelling unit. One (1) parking space per dwelling unit. Note: In the CBD District, apartment houses containing one-hundred (100) or more dwelling units may provide a minimum of two (2) parking spaces for every three (3) dwelling units. One (1) parking space per dwelling unit. One (1) parking space per each three (3) customer seats (including outdoor seating areas) (minimum of five (5) parking spaces required). One (1) parking space per customer service unit, plus ten (10) parking spaces per one- thousand (1,000) square feet of gross floor area (minimum of four (4) additional parking spaces required). One (1) parking space per one employee (minimum of five (5) parking spaces required}. < 100,000 Sq. Ft. -Three and one half (3.5) parking spaces per one-thousand (1000) square feet of gross floor area, provided, however, that in no case shall any individual use provide less than a total of five (5) parking spaces. 100,000 Sq. Ft. and Over -Two and one half (2.5) parking spaces per one-thousand (1000) square feet of gross floor area. 13 Ord. No.: 9495-04 Section 21-07.04 Off-Street Parking Regulations 48. Retail -Integrated Centers < 400,000 Sq. Ft. - If the total gross leasable floor area of an integrated center is less than 400,000 square feet, four (4) pazking spaces per one thousand (1,000) square feet of gross leasable floor area shall be required. 400,000 - 600,000 Sq. Ft. - If the total gross leasable floor area of an integrated center is greater than 400,000 square feet, but less than 600,000 square feet, four and one half (4.5) parking spaces per one thousand (1,000) squaze feet of gross leasable floor area shall be required. > 600,000 Sq. Ft. - If the total gross leasable floor area of an integrated center is greater than 600,000 squaze feet, five (5) parking spaces per one thousand (1,000) squaze feet ofgross leasable floor area shall be required. Provided, however: (1) in no case shall any integrated center provide less than five (5) parking spaces: and, (2) the following individual uses: grocery store; hazdwaze 1 paint i home improvement store; theaters; bowling alley; bar; tavern; nightclub; cabarets; or, other establishments for the sale of beer or intoxicating liquor for consumption on the premises, shall provide parking spaces as required for the individual use by this Section and such calculation shall be separate from the calculation of the gross leasable floor area calculation of the integrated center. 49. Schools: Nursery, elementary and One (1) parking space per classroom and office junior high schools or one (1) parking space per every ten (10) seats in auditorium, whichever is greater. 14 Ord. No.: 9495-04 Section 21-07.04 Off-Street Parking Regulations 50. Schools: Senior high schools 51. Service or repair establishments 52. Theatres, auditoriums, gymnasiums, stadiums, arenas, convention halls, and places of assembly with fixed seats 53. Veterinary hospitals, animal kennels and pounds Minimum Parking Required Uses Not Specified One (1) parking space per every ten (10) classroom seats, plus one (1) parking space per every two (2) staff members. Three and one half (3.5) parking spaces per every one-thousand (1,000) squaze feet ofgross floor area. One (1) parking space per every five (5) seats, plus one (1) parking space per every two (2) employees. One (1) parking space per every four-hundred (400) squaze feet of gross floor area. In no case shall any individual, non-related and separately operated use provide less than three (3) parking spaces. For any use not specified above, specific requirements shall be determined by the Zoning Administrator and shall be based upon requirements for similar uses, expected demand and traffic generated by the proposed use, and other information from appropriate traffic engineering and planning criteria. 15 Ord. No.: 9495-04 Section 21-07.05 Off-Street Loading Regulations Section 21-07.05 Off-Street Loading Regulations. Intent -These Off-Street Loading Regulations are intended to provide for the provision of off- street loading areas which are adequate to support the needs of the proposed use and future uses of a site while at the same time assuring that the design and construction of such o, f, j`-street loading areas meet minimum design standards necessary to provide efficient circulation and prevent undue traffic congestion. (a) Loading for Buildings, Structures or Uses. All commercial /mixed use or industrial development or conversions of use for which an improvement location permit is required by this Ordinance shall provide off street loading areas in accordance with the following regulations. (b) Design and Construction of Loading Areas. The design and construction of all required loading spaces or excess loading spaces shall be in compliance with the stricter of the regulations contained in this Section 21-07.05, (b), or the minimum specifications prescribed by the Board of Public Works. The following standards shall apply to the design ofoff-street loading areas: (1) Loading Space Dimensions - A required or excess off street loading space shall be at least twelve (12) feet in width by at least sixty (60) feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least fourteen (14) feet. (2) Minimum Aisle Width -Each required off-street loading space BLDG shall open directly upon an aisle or interior access drive with a width of at least thirty-five (35) feet and creating a total maneuvering area, inclusive of the loading space, of at least one-hundred and five (105) feet, unless subject to the provisions ofsub-Section (4), below regarding excess loading spaces. 1Tb' Minimum Distance Between Buildings l 106' Minimum I ~ 60'Min. ~ j Loading I i Space j j ~u~sle~(' I 3b' " ~ BLDG Min• ? 60' Min. -106' Minimum Total Maneuvering Area I I I I Loading Area Design Ord. No.: 9495-04 Section 21-07.05 Off-Street Loading Regulations (3) Maneuvering -Each maneuvering area, aisle and interior access drive utilized to access a required loading space or an excess loading space shall be so designed and located as to provide safe and efficient ingress/egress to each loading space and so that trucks do not back from or into a public street, or onto an adjoining property (unless the subject property and the adjoining property are located within the same integrated center or industrial park and such maneuvering area is subject to a recorded easement allowing such maneuvering). (4) Design of Excess Loading Areas -Any use which provides loading spaces at a rate of greater than four (4) loading spaces; and, more than two (2) times the minimum required by this Ordinance, shall provide a total maneuvering area of at least one-hundred and five (105) feet which is separate and distinct from the minimum aisle width requirement of thirty-five (35) feet. 246' Minimum Distance Between Buildings 106' Minimum 60' Min. ~ Loading Spaas I BLDG I I: I Aisle i I I I Mtn.. 6~0' Min. I LI - oading Spate 106' Minimum Total Maneuvering Ana Design of Excess Loading Areas (5) BLDG Distance Between Building As Approved by Dept of Public Works Aisle BLDG ~36~ Min. I Alternate Design for Loading Areas - In those instances ~ I Loading Space 7 L Maneuvering Are where insufficient area exists to As Approved b~, Dept of Public Works provide for perpendicular loading spaces as allowed by Alternate Design for Loading Areas sub-Section (b)(2) or sub- section (b)(4), above, angled or parallel loading spaces may be proposed, provided: Ord. No.: 9495-04 Section 21-07.05 Off-Street Loading Regulations (A) the design of such loading area shall include either aone-way traffic pattern or orients the loading spaces so that traffic flow from the loading spaces is in the direction of traffic movement on the side of aisle on which the loading spaces are located; (B) the loading spaces are accessed by an aisle or interior access drive having a width of not less than thirty-five (35) feet plus sufficient maneuvering area outside of the aisle of the interior access drive, based upon the angle of the loading spaces, to provide safe and efficient maneuverability; and, (C) the design of such angled or parallel loading spaces shall be subject to the approval of the Department of Public Works. (c) Location of Off-Street Loading Spaces. (1) All off-street loading spaces shall be located on the same lot as the use served. (2) No off-street loading spaces shall be located between the front lot line and the front facade of any portion of the building served, provided, however, in the case of a : double frontage lot, - off-street loading ~ spaces maybe ~ located between a front lot line of a perimeter street and the rear of the building served if: no access is provided --- ~ _~ Loading Not Penmitted In RecLulrcd Rear Yard _ _ ~ ~~ v' Loading Permtted In Thls Arca ~ m I o ul ~ H Building i g ~ Fror>t Facade of Building ~ a: ~ ~ ~I ......~ E ..~ 1 a Loading Not Permitted Between Front Lot Llne a and Front Facade of Building i z° ~~ - ( Q ~O- ~ ~ C Loading Not Permitted In Requlrcd Front Yard across such front lot Locations for Ofd Street Loading Spaces line; and, the yard between the off-street loading spaces and such front lot line is landscaped in compliance with the regulations of Section 21-07.01 -Landscape Re lau tions for a Type C: Full Screening landscaping. Ord. No.: 9495-04 Section 21-07.05 Off-Street Loading Regulations Local Street R ~ Front Lot Line ~ ~, ~ No Loading Spaces ~ _ Through J c Front of Building o J F outage LOt ~ ° Rear of Buildin d LOt ~° - IF Loading Spaces y W Landscape Screen -Type C Front Lot Line of Industrial Park Perimeter Street Location ofOff-Street Loading Areas on a Through Lot (Screening Required) (3) All off-street loading spaces shall be oriented toward a side lot line or rear lot line. (4) No off-street loading spaces shall be located in a required side yard, required rear yard, required side residential bufferyard or required rear residential bufferyard. (5) Office, professional services, retail or other non-industrial uses may provide one (1) required loading space per building in a "pull-off' loading area located adjacent to an interior access drive. A "pull-off' loading area shall not be subject to the prohibition against being located between the front lot line and front facade of any portion of the building served set forth in sub- section (3), above. (d) Use of Required Loading Area. Space allocated for required or excess off-street loading spaces and associated maneuverability shall not be used to satisfy o, fj=street parking space requirements. 4 Ord. No.: 9495-04 Pull-Off Loading Area Section 21-07.05 Off-Street Loading Regulations (e) (~ Surface of Loading Areas. All off-street loading areas and the ingress/egress to and from such off-street loading areas located on such lot shall be hard surfaced with asphalt, concrete or other material to provide a durable dust-free surface. Special Regulations for Gasoline Service Stations. The site design of any gasoline service station shall provide for the safe and efficient ingress and egress to the site for fuel delivery vehicles and an area for such fuel delivery vehicles to park while unloading which does not interfere with or Front Lot Llne Front Yud v Parking Area (shall be hardsurtaced) a t BUILDING ~ ~ ~ n ~ a W Loading Area p (shall be hardsurtaced) ~ Reu Yard Rear Lot Line t J 0 J m oa Hard Surfacing of Loading Area Required impede ingress or egress to or from any public street, required parking spaces or any gasoline sales area. 0 C J 0 J 0 rn Ord. No.: 9495-04 Section 21-07.05 Off-Street Loading Regulations (g) Minimum Number of Off-Street Loading Spaces. Off-street loading spaces for all buildings or uses shall be provided in accordance with the minimum requirements set forth in Table 21-07.05 A. Table 21-07.05-A: Required Off-Street Loading Use Gross Floor Area of " Required Number of Building (Square Feet) Loadin S aces # 10,000 0 10,000 -100,000 1 Office /Professional Service 100,000 - 200,000 2 Each Additiona1200,000 1 Additional or portion thereof # 10,000 0 10,000 - 25,000 1 R il 25,000 - 60,000 2 eta 60,000 -120,000 3 Each Additional 100,000 1 Additional or ortion thereof # 10,000 0 10,000 - 40,000 1 i l I d 40,000 - 100,000 2 ustr n a 100,000 - 200,000 3 Each Additiona1200,000 1 Additional or ortion thereof # 10,000 0 10,000 -100,000 1 Other Non-Residential 000 Each Additional 100 , or portion thereof 1 Additional "Interpretation of Numbers: Number ranges shall be interpreted as follows: "Over ##,###, and less than or equal to ##,###". Ord. No.: 9495-04 Section 21-08-O1 Special Regulations for Wireless Telecommunications Facilities ARTICLE 8 SPECIAL REGULATIONS SECTION 21-08 SPECIAL REGULATIONS Section 21-08.01 Special Regulations for Wireless Telecommunications Facilities. (a) Intent and Policy. Intent -This Section creates the framework for the siting of wireless telecommunications facilities in a manner which: protects the public health, safety and general welfare of the community; provides comprehensive service to the community; protects the community from visual clutter; is compatible with existing and future land use; and, preserves significant view corridors. Policy -The following policy statements are set forth to provide guidance to wireless communication facility providers in the placement of wireless telecommunication facilities within the City of South Bend. It is hereby declared that the City of South Bend Telecommunications Policies for the corporate limits of the City of South Bend shall be to: (1) Facilitate the comprehensive provision of wireless telecommunication services to the residents and businesses of the City of South Bend. (2) Maximize the use of existing and approved telecommunication towers, buildings, and structures to accommodate new wireless telecommunication antennas in order to minimize the number of telecommunication towers needed to comprehensively serve the community. (3) Minimize the number, height, obtrusiveness, and the visual impacts of telecommunications towers, associated equipment, and buildings. (4) Encourage wireless telecommunication facilities to be located in azeas which aze least disruptive to residential, park, open space, and greenway uses and to be as unobtrusive and invisible as reasonably possible. (5) Ensure that the height of telecommunications towers has the least visual impact and is no greater than required to achieve service azea requirements and potential co-location. (6) Site telecommunications towers to minimize locations which aze visually solitary or prominent when viewed from residential azeas or any public way. Ord. No.: 9495-()4 Section 21-08.01 Special Regulations for Wireless Telecommunications Facilities (7) Site telecommunications towers at locations which are obscured by vegetation, tree cover, topographic features, buildings or other structures to the maximum extent feasible. (8) Protect views of and vistas from architecturally orhistorically significant structures and historically significant landscapes so that these architectural or historical resources are not impaired or diminished by the placement of telecommunications tawers. (9) Avoid potential damage to adjacent properties from telecommunication towers failure through structural design standards and setback requirements. (b) Wireless Telecommunications Facilities Requirements. (1) Applicability -Notwithstanding any other provision of this Ordinance to the contrary, wireless telecommunications facilities, when such are permitted by and in compliance with federal law and the laws of the State of Indiana (including but not limited to non-interference with public safety telecommunications), shall be regulated and governed by the regulations and requirements of this Section. (2) Amateur Radio Exemption -This Section shall not apply to nor be construed to apply to Amateur Radio Operators who are licensed to operate a radio or transmitter by the Federal Communications Commission under Part 97 of the Federal Communications Commission's Rules. (3) Compliance with Other Laws - A telecommunications tower shall be erected and operated in compliance with the most current Federal Communication Commission and Federal Aviation Administration rules and regulations and other applicable federal and state standards. All telecommunications towers shall comply with all ordinances of the City of South Bend not in conflict with this Section. Ord. No.: 9495-04 Section 21-08-O1 Special Regulations for Wireless Telecommunications Facilities (c) Siting Hierarchy of Wireless Telecommunications Facilities. Development of wireless telecommunications facilities shall be in accordance with the following siting alternatives hierarchy. The order of ranking, from highest to lowest, shall be from sub-Section (1), to sub-Section (2), to sub-Section (3), outlined below. Where a lower ranked alternative is proposed, the applicant must demonstrate by substantial evidence that higher ranked options are not technically feasible or available. (1) Co-location -The co-location of antenna on existing telecommunication towers and associated equipment or buildings shall comply with the following regulations: (A) The co-location or placement of new telecommunications antennas upon existing telecommunications towers are hereby declared as permitted uses in all districts and maybe issued an improvement location permit provided all development standards outlined in Section 21-08.01, (d), (2) -Telecommunications Antennas Mounted on Existing Building Structures below, are met. (B) Associated equipment or buildings, when located within an existing compound area that is in compliance with this Ordinance, maybe issued an improvement location permit provided all development standards outlined in Section 21-08.01, (d), (3) -Associated Equipment or Buildings and Compound Area Requirements below, are met. 3 § JI .,~:~.~. ~,~ ~,. 4 " 1 ~ ` :;~ r ~ ~, i ,; 1 f tlF y~3 ~y ` ,~ ~°- s. ~~ a ,, ;, ~- r `~ , i F E ~ ~= S Tapering Monopole with Co-Location Using Slick Antenna Ord. No.: 9495-04 Section 21-08.01 Special Regulations for Wireless Telecommunications Facilities (2) Existing Structure or Building Utilization -The utilization of existing structures and buildings for placement of antenna and associated equipment or buildings, including surface-mounted and roof-mounted applications of telecommunication antennas on existing buildings and structure-mounted applications of telecommunication antennas on water towers, electric-line transmission towers, or other existing structures, shall comply with the following regulations: (A) The placement of new telecommunications antennas upon existing structures and buildings are hereby declazed as permitted uses in all districts and may be issued an improvement location permit provided all development standards outlined in Section 21-08.01, (d), (2) -Telecommunications Antennas Mounted on Existing Buildings or Structures, below, aze met. (B) Associated equipment or buildings, when located within an existing building or compound area that is in compliance with this Ordinance, may be issued an improvement location permit provided all development standards outlined in Section 21-08.01, (d), (3) -Associated Equipment or BuildinQS and Compound Area Requirements below, are met. (3) New Telecommunications Tower Locations -New telecommunications towers and associated equipment or buildings shall comply with the following regulations: (A) Where Permitted -Wireless telecommunications facilities requiring the construction of a telecommunications tower, building, or structure are hereby declazed as special exception uses in all districts and requiring the approval of a special exception prior to the issuance of an improvement location permit, provided, however, no new telecommunications tower shall be located within five-hundred (500) feet of a residential district or use unless the applicant can demonstrate through the materials required by Sec. 21-194 (3) (D) -Additional Special Exception Filing Requirements, below, that there aze no other locations, buildings or structures beyond five-hundred (500) feet of a residential district or use which aze available and which can provide the necessary wireless telecommunications services to the residents and businesses of the City of South Bend. 4 Ord. No.: 9495-04 Antenna on an Existing Structure Section 21-08-O1 Special Regulations for Wireless Telecommunications Facilities (B) Alternatives Exhausted -The applicant for a wireless telecommunications facility special exception shall demonstrate that they have exhausted all efforts to locate the proposed telecommunications antennas upon existing telecommunications towers, buildings or structures in the geographical area of the proposed telecommunications antennas. In the-event that a wireless communications provider claims that efforts to locate the proposed telecommunications antennas upon existing telecommunications towers, buildings or structures failed because of the demanded lease amount of the owner of an existing telecommunications tower, such dispute over fair market value shall be settled as set forth in sub-Section (C), below. (C) Fair Market Value - In the event of dispute between wireless telecommunications providers regarding the fair market value of rental for a co-location on an existing telecommunications tower which is subject to a requirement to provide co-location at a reasonable and non- discriminatory basis and at a cost not materially exceeding fair market value, the applicant, at the applicant's cost, shall select an independent appraiser to determine fair market value of such rental. In the event of a dispute over the appraisal results, the wireless telecommunication providers shall employ a new appraiser subject to the approval of the Zoning Administrator. The new appraisal shall be performed at the expense of the wireless telecommunication providers involved in the dispute. The expense of the new appraisal shall be equally shared between the wireless telecommunication providers and the results shall be conclusive. (D) Additional Special Exception Filing Requirements - In addition to the requirements specified in Section 21-09-03 (i) -Special Exceptions of this Ordinance and any applicable Rules of Procedure, all applications for a special exception for a new telecommunications tower location shall include the following: i. A service plan for the City of South Bend. The service plan shall demonstrate efforts to minimize the size and number of telecommunications tower locations throughout the geographical area, taking into consideration existing technology. The service plan shall include, but not be limited to the following information: a. A narrative detailing: 1. the reason of need (coverage, capacity, new users, etc.) for a telecommunications tower or wireless communication facility at the requested site; Ord. No.: 9495-q4 Section 21-08.01 Special Regulations for Wireless Telecommunications Facilities 2. the nature of any existing wireless communication facility sites indicated on the map required by Section 21-08.01, (c), (3), (D), i., b., below, shall be documented (i.e., freestanding structure with available heights noted, roof-mounted applications, existing telecommunications towers with information regarding co-location opportunities or limitations, service providers utilizing each such wireless communication facility site, etc.); and, 3. the manner in which the proposed placement will promote the City of South Bend Telecommunications Policies. b. A map of the City of South Bend identifying the following: 1. all existing telecommunications towers; and, 2. all structures or buildings within a one (1) mile radius of the proposed site that have a height equal to or greater than the height of the proposed telecommunications tower minus thirty (30) feet. In the event that a telecommunications tower is proposed within one (1) mile of the boundary of the City of South Bend, such map shall include the information required above for all areas within one (1) mile of the proposed telecommunications tower. c. If the applicant is a licensed provider of wireless communication services, the applicant shall supply individual coverage maps of the City of South Bend jurisdiction which: 1. identify all existing locations utilized by the licensed provider's network and reflects the current coverage levels to the City of South Bend; and 2. identify the proposed coverage levels of the licensed provider's network after the installation of the proposed wireless telecommunication facility. In the event that the licensed provider proposes multiple sites, a separate coverage map for each additional wireless telecommunication facility and an overall coverage map Ord. No.: 9495-04 Section 21-08-O1 Special Regulations for Wireless Telecommunications Facilities based upon all proposed wireless telecommunication facilities shall be provided. ii. A certification, in a manner acceptable to the City of South Bend, from the owner of the telecommunications tower or the property on which the telecommunications tower is located, that the telecommunications tower is available for use by another wireless telecommunications provider on a reasonable and non-discriminatory basis and at a cost not exceeding the Fair Market Value for the use of the facilities. iii. A designation by the owner of the telecommunications tower or the property on which such telecommunications tower is located of an area which is set aside for the equipment of future users of the telecommunications tower and is located: a. within the proposed compound area; or, b. within a separate compound area located on the same lot and located no further from the telecommunications tower than the distance from the telecommunications tower to the proposed compound area plus fifty (50) feet. iv. Color photo simulations showing the site of the proposed telecommunications tower with aphoto-realistic representation of the proposed telecommunications tower as it would appear viewed from the closest residential district and from adjacent public right-of--way, and photographs of the same views as in the photo simulations showing the current appearance of the site without the proposed telecommunications tower. Ord. No.: 9495-04 Section 21-08.01 Special Regulations for Wireless Telecommunications Facilities (d) Development Standards. In addition to complying with the requirements for a special exception use for the district in which the lot is located, all wireless telecommunications facilities shall comply with the following additional development standards: (1) Telecommunication Tower and Antenna Array: (A) Height -The maximum height of a telecommunications tower, including antenna array, shall be less than two-hundred (200) feet above grade. (B) Telecommunications Tower Type -All new telecommunications towers shall be of a tapering monopole construction unless a determination is made in connection with a special exception request that an alternative design would better blend into the surrounding environment and is approved as a waiver of development standards as provided for and regulated in Section 21- 09.03 (i) -Special Exceptions, of this Ordinance. (C) Guys and Guy Anchors - If a guyed telecommunication tower is approved, all guys and guy anchors shall be located within the buildable area of the lot and shall not be located within any required yard or required residential bufferyard (D) Security Fencing -The base of a telecommunications tower and all guy anchors shall be enclosed by security fencing. This fencing shall conform with the requirements detailed in Section 21-08.01 (d), (3), (A), below. (E) Structural Design - A telecommunications tower shall be designed and built so as to: i. be capable of use by at least two wireless communications providers for a telecommunications tower less than eighty (80) feet in height; 8 Ord. No.: 9495-04 Tapering Monopole with "Slick" Antenna Section 21-08-O1 Special Regulations for Wireless Telecommunications Facilities ii. be capable of use by three or more wireless communications providers for a telecommunications tower of eighty (80) feet in height or greater; iii. accommodate antenna arrays consisting of nine (9) to twelve (12) antennas for each antenna array, provided, however, this regulation shall not apply to slick antenna applications; iv. locate such antenna arrays within fifteen (15) vertical feet of each other; v. have no more than three (3) degrees of twist and sway at the top elevation; and, vi. provide internal cable routing for all tapering monopole telecommunication towers. (F) Antenna Arrays and Types - To minimize adverse visual impacts, the antenna type used shall be in accordance with the following alternatives hierarchy. The order of ranking, from highest to lowest, shall be i., ii., iii., iv., and v. outlined below. Where a lower ranked alternative is proposed, the applicant must demonstrate by substantial evidence that higher ranked options are not technically feasible or available. i. Flagpole antenna (with or without a flag, as appropriate to the setting). (See Section 21-07.03 (a) (2) for information regarding . flags)• ii. iii. iv. v. Slick antennas or stealth antennas other than flagpole antennas. Panel antennas, also known as directional or sectored antennas. Whip antennas. Dish antennas. ~~ ~ ~ -~~. ~ '~ ~ Panel Antenna Stealth Flagpole Antenna w/out flag 9 y, ~ . ~~ "? s '1 ~,~ .~ - Stealth or "Slick" Antenna Ord. No.: 9495-04 Section 21-08.01 Special Regulations for Wireless Telecommunications Facilities (G) Signs - No lettering, symbols, images, trademarks, signs (including banners, pennants or streamers), or advertising shall be placed on or affixed to any part of a telecommunications tower, antenna array or antenna, other than as required by Federal Communications Commission regulations regarding telecommunications tower registration or other applicable law. (H) Safety -Telecommunications towers shall be constructed to minimize potential safety hazards. Telecommunications towers shall be constructed so as to meet or exceed the most recent EIA-222 standards, and prior to issuance of an improvement location permit, the Zoning Administrator shall be provided with an engineer's certification that the telecommunications tower's design meets or exceeds such EIA-222 standards. Guyed telecommunications towers shall be located in such a manner that if the telecommunications tower should fall along its longest dimension, the telecommunications tower will remain within the lot lines and avoid dwelling units, habitable structures, public street rights-of--way, utility lines and other telecommunications towers. (I) Lights - No signals, lights or other illumination (including holiday lights or outdoor strings of lights) shall be permitted on telecommunications towers unless required by the Federal Communications Commission, the Federal Aviation Administration, or the City of South Bend. When incorporated into the approved design of the telecommunications tower, outdoor light fixtures used to illuminate ball fields, parking areas, or similar areas, in compliance with the requirements of Section 21-07.02 - Li ting Standards of this Ordinance, maybe attached to the telecommunications tower. (J) Modifications - If any additions, changes or modifications are to be made to a telecommunications tower, the Zoning Administrator shall have the authority to require proof, through the submission of engineering and structural data, that the addition, change or modification conforms to structural wind load and all other requirements of the current Building Code adopted by the City of South Bend. 10 Ord. No.: 9495-04 Section 21-08-O1 Special Regulations for Wireless Telecommunications Facilities (2) Telecommunications Antennas Mounted on Existing Buildings or Structures. (A) Roof-Mount -Roof-mounted telecommunications antennas are permitted on buildings and structures in all districts, except for single family dwellings or two family dwellings, without a special exception, provided: i. anon-whip antenna: a. does not exceed the height of the building by more than ten (10) feet; and, b. shall be no closer than ten (10) feet to the perimeter of the building. ii. a whip antenna: a. does not exceed the height of the building by more than fifteen (15) feet; and, b. shall be no closer than fifteen (15) feet to the perimeter of the building. iii. Prior to installation of aroof-mounted telecommunications antenna or equipment, the Zoning Administrator shall be provided with an engineer's certification that the roof will support the proposed telecommunications antenna or associated roof-mounted equipment. (B) Surface-Mount -Surface-mounted telecommunications antennas are permitted on buildings or structures in all districts without a special exception, provided: i. the antenna is of the non-whip antenna type; ii. the non-whip antenna is mounted flush with the exterior of the building or structure so that it projects no more than thirty (30) inches from the surface of the building or structure to which it is attached; and, 11 Ord. No.: 9495-04 Surface Mount Antenna Section 21-08.01 Special Regulations for Wireless Telecommunications Facilities iii. the non-whip antenna's appearance is designed to blend with the color or texture of the surrounding surface of the building or structure. (C) Other Existing Structures -Telecommunications antennas are permitted on existing utility, lighting, telecommunications towers and other structures in all districts without a special exception, provided: i. the existing utility, lighting, telecommunications towers and other structure exceeds fifty (50) feet in height above grade; ii. the telecommunications antenna does not exceed the height of the structure by more than ten (10) feet if a non-whip antenna or fifteen (15) feet if a whip antenna. iii. Existing structures may be rebuilt if necessary to support the load of the new telecommunications antenna without further zoning proceedings provided: a. if the structure to be rebuilt is not an existing telecommunications tower, the rebuilt structure shall comply with all applicable regulations of the district in which such structure is located; or, b. if the structure to be rebuilt is an existing telecommunications tower, the new telecommunications tower shall: 1. not exceed the height of the existing telecommunications tower; and, 2. comply with all other regulations contained in this Section for the erection of a new telecommunications tower, except that a special exception shall not be required. (D) Application - When an application for an improvement location permit to locate a telecommunications antenna on an existing building or other structure is made, the Zoning Administrator shall be provided with color photo simulations showing the site of the existing structure with a photo-realistic representation of the proposed telecommunications antenna and the existing structure or any proposed reconstruction of the structure as it would appear viewed from the closest residential district and from adjacent public right-of--way. The applicant shall also submit photographs of the same views as in the photo simulations showing the current appearance of the site without the proposed telecommunications antenna. 12 Ord. No.: 9495-04 Section 21-08-O1 Special Regulations for Wireless Telecommunications Facilities (3) Associated Equipment or Buildings and Compound Area Requirements: (A) Fencing and Landscaping of Ground Mounted Associated Equipment or Buildings: i. Fencing Required -The compound azea and all guy anchors shall be secured with aboard-on-board or chain link fence of not less than six (6) feet in height nor more than ten (10) feet in height. A security wire (barbed, razor, etc.) maybe located on the telecommunications tower-side of the fence but shall not extend above the top of the fence. A chain link fence, if used, shall be black vinyl coated. ii. Landscaping Required -Landscaping shall be installed azound the perimeter of the fenced compound azea running the full length of all sides of the compound azea or building, except for entry gates or doors. The type of landscaping required shall be based upon the open space of the fence. If the fence has an open space of: a. fifty (50) percent or greater, a ten (10) foot wide landscaping strip running the full length of all sides of the compound azea or building, except for entry gates or doors, with a four (4) evergreen trees for every thirty (30) feet shall be installed on the outside of the fenced area; or, b. less than fifty (50) percent but greater than twenty (20) percent, a ten (10) foot wide landscaping strip running the full length of all sides of the compound area or building, except for entry gates or doors, with a two evergreen trees for every twenty-five (25) feet shall be installed on the outside of the fenced area; or, c. twenty (20) percent or less, a ten (10) foot wide landscaping strip running the full length of all sides of the compound area or building, except for entry gates or doors, with one (1) ornamental tree (minimum 1 %z" caliper) planted for every twenty-five (25) feet shall be installed on the outside of the fenced area. iii. Interior access drives or walkways that lead to the entry into the compound area or building shall be hazd-surfaced with asphalt or concrete. 13 Ord. No.: 9495-04 Section 21-08.01 Special Regulations for Wireless Telecommunications Facilities (B) Exterior Materials and Roof Pitch of Associated Equipment or Buildings. i. Associated equipment buildings, whether ground orroof-mounted and not enclosed by a fence providing a complete sight barrier (i.e., a fence with zero open space), shall be similar in color, exterior material, and character to the main or adjoining building or structure. If ground mounted the roof pitch of the associated equipment building shall match the pitch of any existing building or structure. ii. When an equipment building is located on a lot that does not contain an existing building or structure and is not enclosed by a fence providing a complete sight barrier (i.e., a fence with zero open space), the exterior material shall be either brick or stone. The roof pitch shall not be less than a three (3) foot vertical rise for each twelve (12) foot horizontal run nor greater than a twelve (12) foot vertical rise for each twelve (12) foot horizontal run. (e) Abandonment and Removal of Telecommunications Towers, Antenna Arrays, Associated Equipment and Buildings. (1) Abandonment -Telecommunications towers, antenna arrays, associated equipment and buildings which have not been used for a period of one (1) year shall be deemed abandoned and shall be removed from the site. (2) Notice Required -The owner of the telecommunications tower and the last service provider to use a telecommunications tower shall notify the Zoning Administrator within thirty (30) days that use of a telecommunications tower has been discontinued. (3) Security -Every telecommunications tower owner and all service providers shall establish a cash security fund, bond or irrevocable letter of credit to secure the payment of removing the telecommunications towers, antenna arrays, associated equipment and buildings that have been determined to be abandoned, or found to be in non-compliance with this Ordinance, and to provide the City of South Bend 14 Ord. No.: 9495-04 Section 21-08-O1 Special Regulations for Wireless Telecommunications Facilities a fund from which to deduct fines and penalties for non-compliance with this Ordinance or other applicable laws in the following amounts: (A) The amount to be provided for each telecommunications tower shall be one-hundred and twenty-five (125) percent of the cost of construction based upon a licensed engineers estimate of the cost of construction of the telecommunications tower. (B) The amount for each antenna array on the telecommunications tower shall be one-hundred and twenty-five (125) percent of the cost of construction based upon a licensed engineers estimate of the cost of installation of the antenna array; Any reduction in the security fund provided, because of deductions of fines, penalties, or removal costs, shall be replenished to the total of the required amount within thirty (30) days after notice from the City of South Bend of the amount deducted and the deficiency created hereby. (4) Refund - Within a reasonable period of time, not to exceed three (3) months after the telecommunications tower and/or antenna array is removed, any remaining funds on deposit with the City of South Bend pursuant to this Section, after application and above all expenses provided for herein, shall be refunded to the appropriate owner or provider who created the security fund. (~ Limitations on Special Exceptions (1) A special exception which does not fully comply with the Telecommunications Policies contained herein for telecommunications towers may be granted upon a determination that such a grant better accomplishes the Telecommunications Policies set out in this Section than would a strict application of these Telecommunication Policies. Such deviations from the City of South Bend Telecommunications Policy shall be no greater than necessary to accomplish those policies. (2) A special exception which does not comply with the development standards of this Section 21-08.01 may only be granted upon: (A) approval of a waiver of development standards as provided for in Section 21-09.03 (i) -Special Exceptions, and regulated in Section 21- 09.03 (hl -Variance of Development Standards of this Ordinance; or, (B) separate application for and approval of a variance of development standards filed for and obtained in accordance with the requirements of Section 21-09.03 - Board o Zoning Appeals of this Ordinance and any applicable Rules of Procedure. Is Ord. No.: 9495-04 Section 21-08.02 Special Regulations for Controlled Uses Section 21-08.02 Special Regulations for Controlled Uses. Controlled uses are hereby recognized as having objectionable secondary impacts. A concentration of controlled uses in a particular area can increase the impact of those objectionable secondary impacts to the point where a deleterious impact is created on area properties. In order to prevent the concentration of controlled uses and to prevent such deleterious impacts from leading to the development of blighted areas, any controlled use, in addition to the permitted use and development standard regulations specified in any applicable Commercial /Mixed Use District or Industrial District, shall also be subject to the following additional regulations: (a) Where Permitted: Controlled uses shall be allowed as primary uses or special exception uses in Commercial /Mixed Use Districts, Industrial Districts or PUD Districts as specified in the following Table: District Controlled Use OB MU O LB CB CBD GB LI GI PUD Adult Business - - - - - - - SE P Amusement Arcade - SE - SE P P P - - Bar /Tavern - SE - P P P P SE P Ni htclub - SE - P P P P SE P Cabaret - 21 and Over - SE - P P P P - - Cabaret -Adult - - - - - - - SE P Gun Shops and _ _ _ _ SE - SE - - Gunsmith Sho s Pawnsho - - - P P P P - - Billiard Hall - SE - SE P P P - - Public Dance Hall - - - SE P P P - - Off-Track Pari-mutuel _ _ _ _ SE SE SE SE SE wa erin facili Casinos, Approved Hotels and other areas _ _ _ _ SE SE SE SE SE where gambling games are conducted Tattoo, Body Piercing, Scarifying and Branding - - - SE SE SE SE P P Establishments P - Permitted as a Primary Use SE - Permitted only as a Special Exception Use * - Permitted only if specified in the PUD District Ordinance - - Not Permitted Ord. No.: 9495-04 Section 21-08.02 Special Regulations for Controlled Uses (b) Additional Development Standards for Controlled Uses: Controlled uses, where permitted, shall be subject to the following additional development standards: (1) Spacing Regulations: (A) General - No building or lot maybe used and no building maybe erected, moved, structurally altered or enlarged for any controlled use, if such building or lot is located within one-thousand (1,000) feet of any two (2): i. controlled uses; ii. family restaurant with lounge; or, iii. cabaret -family: provided, however, a controlled use maybe structurally altered for the purposes of constructing, enlarging or refurbishing kitchen, food service, restroom or indoor storage areas, if: (i) such structural alterations are performed within the existing building; and, (ii) the seating capacity or patron service area is not increased. (B) Adult Businesses -For the reasons outlined in Ordinance No. 9132-00, of the City of South Bend, Indiana, the Statement of Purpose and Intent of which is hereby incorporated herein by this reference, no adult business shall be located within five-hundred (500) feet of any: i. district within the City of South Bend, St. Joseph County or the City of Mishawaka which allows any residential use as a primary use; ii. lot being legally established for a dwelling use, religious use, school use or park use or, iii. any of the following districts: a. In the City of South Bend: 1. SF1-Single Family and Two Family District 2. SF2 -Single Family and Two Family District 3. MF1-Urban Corridor Multifamily District 4. MF2 -High Density Multifamily District 5. OB -Office /Buffer District 2 Ord. No.: 9495-04 Section 21-08.02 Special Regulations for Controlled Uses 6. MU -Mixed Use District 7. O -Office District 8. LB -Local Business District 9. CB -Community Business District 10. CBD -Central Business District 11. PUD -Planned Unit Development District (that does not specifically include adult businesses as permitted uses) 12. U -University District b. In St. Joseph County: 1. C-2 -Planned Shopping Center District 2. R -Single Family Residence 3. R-1-Mobile Home Park 4. R-2 -Multifamily S. A -Agriculture District 6. O -Office District 7. O/B - Office J Buffer District 8. B -Business District In the City of Mishawaka: 1. R-1-Single Family 2. R-2 -Single and Multifamily 3. R-3 -Preference for Multifamily 4. R-4 -Mobile Home 5. C-2 -Shopping Center 6. PUD -Planned Unit Development (C) Tattoo, Body Piercing, Scarifying and Branding Establishments - No tattoo, body piercing, scarifying and branding establishment shall be located within five-hundred (500) feet of: (i) any religious use; or, (ii) any public or parochial school for children in any grades from K through 12. (D) Gun Sales or Gunsmith Shops - No firearms or ammunition shall be sold in any gun sales or gunsmith shops within two-hundred (200) feet of any: (i) any public or parochial school for children in any grades from K through 12; (ii) child care center; or, (iii) child care ministry. Ord. No.: 9495-04 Section 21-08.02 Special Regulations for Controlled Uses (2) Measurement of distance for controlled uses shall be as follows: (A) Single Use Sites -All measurements shall be from the lot lines of the lot or out lot occupied by the controlled use. (B} Integrated centers -All measurements shall be from the perimeter walls of the tenant space occupied by the controlled use. (C) Straight Line -All distance measurements shall be measured in a straight line, without regard to intervening buildings, structures or objects. (3) Exterior Display for Adult Businesses. Notwithstanding any other provisions of this Ordinance to the contrary, all exterior displays for an adult business shall comply with the following regulations. (A) No adult business shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas by display, decorations, sign, show window or other opening from anypublicrlght-of--way. (B) Number of Signs. Not more than one (1) business wall sign shall be permitted for an adult business and said business wall sign shall be permitted only on the front facade of the building. In addition to the one (1) permitted business wall sign, an adult business maybe permitted not more than one (1) freestanding sign structure (i.e., a pole sign, a pylon sign or a ground sign) if permitted by Section 21-07.03 -Sign Regulations of this Ordinance, and any amendments thereto, and if such freestanding sign meets all of the requirements of the district in which it is located. All other sign structures shall be prohibited. (C) Sign Surface Area. The sign surface area of a business wall sign for an adult business shall not exceed sixteen (16) square feet. The maximum sign surface area of a freestanding sign structure (i.e., a pole sign, a pylon sign or a ground sign), where permitted, shall not forty-eight (48) square feet. (D) Lighting. Signs and sign structures maybe illuminated, provided, however, such illumination shall not be by way of exposed neon, exterior lighting (e.g., spot or flood lights) or any flashing or animated lights (either interior to the sign, on the exterior of the sign, or as a border to the sign). 4 Ord. No.: 9495-04 Section 21-08.02 Special Regulations for Controlled Uses (4) Continuation of Nonconforming Use. This Section 21.08.02 is subject to the provisions of Section 21-01.03 - Nonconformina Lots, Uses, Buildings, Structures or Signs. (c) Definitions for Adult Businesses. The following terms related to adult businesses shall be defined as set forth below. All other terms shall have the meaning set forth in Section 21-11-Definitions of this Ordinance. (1) Adult Bookstore: An establishment having as a preponderance of its stock in trade or its dollaz volume in trade, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which aze distinguished or chazacterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. (2) Adult Cabazet (a.k.a. Class B Cabaret): Any cabaret, nightclub, bar, tavern, restaurant or similar establishment, not including a 21 & over cabaret, a family cabaret, family restaurant, or family restaurant with lounge, which features: a. Persons who appear in a state ofsemi-nudity; b. Live performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similaz entertainers where such performances are distinguished or characterized by the exposure of specified anatomical azeas or by emphasis on specified sexual activities; c. Films, motion pictures, video cassettes, slides, or other photographic reproductions which aze chazacterized by the depiction or description of specified sexual activities or specified anatomical azeas for observation by patrons; or, d. Persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers. (3) Adult Drive-In Theater: An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats in which a preponderance of the total presentation time is devoted to the showing of materials distinguished or characterized by an emphasis on matter depicting, describing or relating to Ord. No.: 9495-04 Section 21-08.02 Special Regulations for Controlled Uses specified sexual activities or specified anatomical areas for observation by patrons. (4) Adult Business: An Adult Bookstore, Adult Motion Picture Theater, Adult Mini Motion Picture Theater, Adult Motion Picture Arcade, Adult Cabaret (a.k.a. Class B Cabaret), Adult Drive-in Theater, Adult Live Entertainment Arcade, Adult Motel or Adult Service Establishment. (5) Adult Live Entertainment Arcade: Any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee to view from an enclosed or screened area or booth a series of live dance routines, strip performances or other gyrational choreography which performances aze distinguished or chazacterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas. (6) Adult Mini Motion Picture Theater: An enclosed building with a capacity of more than five (5) but less than fifty (50) persons, used for presenting films, motion pictures, video cassettes, slides or similaz photographic reproductions in which a preponderance of the total presentation time is devoted to the showing of materials which are distinguished or characterized by an, emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. (7) Adult Motel: A hotel, motel or similaz establishment offering public accommodations for any form of consideration which provides patrons, upon request, with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which aze distinguished or chazacterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (8) Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-reducing devices aze maintained to show images to five (5) or fewer persons per machine at one time, and where the images so displayed aze distinguished or chazacterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. 6 Ord. No.: 9495-04 Section 21-08.02 Special Regulations for Controlled Uses (9) Adult Motion Picture Theater: An enclosed building with a capacity of fifty (50) or more persons used for presenting films, motion pictures, video cassettes, slide or similar photographic reproductions in which a preponderance of the total presentation time is devoted to showing of materials which aze distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. (10) Adult Service Establishment: Any building, structure, premises or other facility, or any part thereof, under common ownership or control which provides a preponderance of services involving specified sexual activities or display of specified anatomical areas. (11) Enlazgement Of An Adult Business: An increase in the size of the building, structure or premises in which the adult business is conducted by either construction or use of: (1) an adjacent building; (2) an additional building; or, (3) the construction or use of any portion of an adjacent building or additional building, whether located on the same or an adjacent lot or pazcel of land. (12) Establishing An Adult Business: Any of the following: (A) The opening or commencement of an adult business as a new business; (B) The conversion of an existing business, whether or not an adult business, to any of the adult businesses defined herein; (C) The addition of any of the features of one or more of the adult businesses defined herein to an existing business; (D) The addition of any of the adult businesses defined herein to any other existing adult business; or (E) The relocation of any adult business. (13) Nonconforming Adult Use: Any building, structure or land legally established as an adult business prior to the effective date of this Ordinance, but which would be prohibited, regulated or restricted under the provisions of this Ordinance. (14) Reconstruction Of An Adult Business: The rebuilding or restoration of any nonconforming adult business use which was damaged or partially destroyed by an exercise of the power of eminent domain, or by fire, flood, wind, explosion or other calamity or act of God if the damage or destruction exceeds fifty (50) percent of the fair mazket value of the building, structure or the facilities affected. 7 Ord. No.: 9495-04 Section 21-08.02 Special Regulations for Controlled Uses (15) Resumption:. The reuse or reoccupation of a nonconforming adult business use which has been discontinued for a period of six (6) or more consecutive months. (16) Services Involving Specified Sexual Activities Or Display Of Specified Anatomical Areas (as used to define an Adult Service Establishment): Any combination of two (2) or more of the following activities: (A) The sale or display of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are chazacterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; (B) The presentation of films, motion pictures, video cassettes, slides, or similaz photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons; (C) The operation of coin or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices to show images to five (5) or fewer persons per machine at any one time and where the images so displayed aze distinguished or chazacterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas; or (D) Live performances by topless or bottomless dances, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances aze distinguished or chazacterized by an emphasis on specified sexual activities or specified anatomical areas. (17) Specified Anatomical Areas: Any of the following: (A) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the azeolae; or, (B) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Ord. No.: 9495-04 Section 21-08.02 Special Regulations for Controlled Uses (18) Specified Sexual Activities: Any of the following: (A) Human genitals in a state of sexual stimulation or arousal; (B) Acts of human masturbation, sexual intercourse or sodomy; (C) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts; (D) Flagellation or torture in the context of a sexual relationship; (E) Masochism, erotic or sexually oriented torture, beating or the infliction of pain; (F) Erotic touching, fondling or other such contact with an animal by a human being; or, (G) Human excretion, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the activities set forth in (A) through (F) above. (19) Structural Alteration Of An Adult Business: Any change which would prolong the life of the supporting members of a building or structure such as bearing walls, columns, beams or girders, except such changes as are ordered made pursuant to the provisions of the Unsafe Building Law, IC 36-7-9-1, and any amendments thereto. 9 Ord. No.: 9495-04 Section 21-08.03 Special Regulations for Residential Facilities for the Mentally Ill 21-08.03 Special Regulations for Residential Facilities for the Mentally Ill. A residential facility for the mentally ill as defined in this Ordinance and by Indiana Code 12-7-2-167 may not be located within three thousand (3,000) feet of another residential facility for the mentally ill, as measured between lot lines. Ord. No.: 9495-04 Section 21-09.01 Common Council ARTICLE 9 ADMINISTRATION SECTION 21-09 ADMINISTRATION REGULATIONS Section 21-09.01 Common Council. In order to effectuate the purpose of this Ordinance regarding the implementation of the Comprehensive Plan and this Ordinance, the Common Council of the City of South Bend, Indiana, shall, to the fullest extent permitted by applicable law, including without limitation IC 36-7-4 et• sea•, have the powers and duties to: (a) Approve, reject or amend a comprehensive plan, or segment thereof, certified to it by the Area Plan Commission. (b) Initiate amendments to the text of this Ordinance. (c) Adopt, reject or amend proposals to amend or partially repeal the text of this Ordinance. (d) Initiate amendments to the text of the South Bend Subdivision Control Ordinance. (e) Adopt, reject or amend proposals to amend or partially repeal the text of the South Bend Subdivision Control Ordinance.. (f) Adopt or reject proposals to amend zone maps. (g) Adopt, reject or modify a PUD District Ordinance. (h) Approve or disapprove all petitions for special exception uses after receiving such petitions from the Board of Zoning Appeals with a favorable recommendation, unfavorable recommendation or no recommendation. (i) Such additional powers and duties as maybe set forth for the Common Council elsewhere in this Ordinance or Indiana State Law. Ord. No.: 9495-04 Section 21-09.02 Area Plan Commission Section 21-09.02 Area Plan Commission. (a) ~) (c) Establishment. The area planning law is hereby re-adopted and the Area Plan Commission is hereby re- established as the plan commission for the City of South Bend, Indiana, accordance with Indiana Code 36-7-4-200 et sec . Membership, QualiFcations and Terms. The membership of the Area Plan Commission, the qualification of its members and the terms of membership shall be in accordance with Indiana Code 36-7-4-200 et sec . Duties and Powers. The Area Plan Commission is hereby vested with the duties and powers imposed upon and granted to an area plan commission under the area planning law, including, without limitation, the powers and duties listed below. To effectuate the purposes of this Ordinance, the Area Plan Commission may, to the fullest extent permitted by applicable laws: (1) Supervise and make rules for the administration of the affairs of the planning department; (2) Prescribe uniform rules pertaining to investigations and hearings, and other matters authorized by Indiana Planning and Zoning Laws; (3) Keep a complete record of all departmental proceedings; (4) Record and file all bonds and contracts and assume responsibility for the custody and preservation of all papers and documents of the planning department; (5) Prepare, publish and distribute reports, ordinances and other material related to the Area Plan Commission activities authorized by Indiana State Law or this Ordinance; (6) Adopt a seal; (7) Certify to all official acts; (8) Supervise the fiscal affairs of the planning department; (9) Prepare and submit an annual budget and be limited in all expenditures to the provisions made for expenditures by the legislative bodies of participating municipalities or the Board of Commissioners of St. Joseph County; Ord. No.: 9495-04 Section 21-09.02 Area Plan Commission (10) Prescribe the qualifications of, with the consent of the Executive Director, fix the compensation of the employees of the planning department. which compensation shall conform to salaries and compensations fixed before that time by the Board of Commissioners of St. Joseph County; (11) Delegate authority to its employees to perform ministerial acts in all cases except where final action of the Area Plan Commission is necessary; (12) Designate a hearing examiner or a committee of the commission to conduct any public hearing required to be held by the Area Plan Commission; (13) Appoint a plat committee to hold hearings on and approve plats and replats on behalf of the Area Plan Commission; (14) Make recommendations to the Common Council concerning: (A) The adoption of the Comprehensive Plan and amendments to the Comprehensive Plan; (B) The adoption or text amendment of this Ordinance, a replacement zoning ordinance, or the South Bend Subdivision Control Ordinance; (C) The adoption or amendment of a PUD District Ordinance; and, (D) Zone Map Changes; (15) Render decisions concerning and approve plats or replats of subdivisions; (16) Assign street numbers to lots and structures or renumber lots and structures on streets or highways within the Area Plan Commission's jurisdiction to conform with the numbers of structures on streets within cities within St. Joseph County. The Area Plan Commission hereby delegates the assignment of street numbers to the City Engineer of the City of South Bend; (17) The naming or renaming ofstreets when performed in connection with a plat or replat (the naming or renaming ofstreets within the corporate limits of the City of South Bend, when not perfonmed in connection with a plat or replat, shall be within the jurisdiction of the Board of Public Works; (18) Render decisions concerning development plans and amendments to development plans; 2 Ord. No.: 9495-04 Section 21-09.02 Area Plan Commission (19) Establish advisory committees of citizens interested in problems of planning and zoning which shall report to the Area Plan Commission and shall make inquires and reports only on the subject and problems specified in the resolution establishing the advisory committee of citizens by the Area Plan Commission; (20) Establish an executive committee which may act in the name of the Area Plan Commission as set forth in IC 36-7-4-408; (21) Negotiate for grants-in-aid and agree to terms and conditions attached to such grants-in-aid; (22) Subject to final confirmation and approval by the Common Council of the City of South Bend, establish a schedule of reasonable fees to defray the administrative costs connected with: (A) processing and hearing administrative appeals and petitions for zone map change, special exception uses, variances, planned unit developments, and development plan approvals; (B) issuing improvement location permits; and, (C) other official actions taken under this Ordinance; (23) Invoke any legal, equitable, or special remedy available under this Ordinance or applicable law for the enforcement of the provisions of this Ordinance or actions taken hereunder; (24) Exercise all powers conferred on it by State law, local ordinance, or rule in the manner so prescribed. This Article shall not be construed as a limitation on such powers. (d) Commitments. (1) Requirement of Commitments by the Area Plan Commission. (A) The Area Plan Commission may, when in the discretion of the Area Plan Commission it is deemed necessary to: (i) assure the compatibility of a proposed development with surrounding properties; or, (ii) to minimize the potential for the occurrence of detrimental affects from any attributes of a proposed development on surrounding properties, require or allow the owner of a parcel of property to make written commitments concerning the use or development of the subject property in connection with: i. a development plan approval as provided for in this Ordinance; 3 Ord. No.: 9495-04 Section 21-09.02 Area Plan Commission ii. a recommendation to the Common Council regarding a zone map change to any district classification contained in this Ordinance; iii. a recommendation to the Common Council regarding a PUD District Ordinance; iv. a secondary approval of a PUD; or, v. a modification of permitted uses or development requirements of a PUD. (B) The commitments shall be reduced to writing in recordable form and signed by the owner(s) of the real estate. The commitments shall be in effect for: i. as long as the zone map applicable to the parcel remains unchanged; ii. the parcel is designed as a PUD under Section 21-OS of this Ordinance; or, iii. modified or terminated as provided below. (C) Commitments required or allowed in connection with a zone map change or the adoption of a PUD District Ordinance shall be voted upon by the Common Council as certified by the Area Plan Commission. (D) The commitments shall authorize their recording by Staff in the Office of the Recorder of St. Joseph County, Indiana upon the final approval of the applicable petition. The Staff shall be reimbursed by the petitioner for any and all fees associated with the recording of said commitments. (E) Following the recording of the commitments, Staff shall return the original recorded commitments to petitioner and shall retain a copy of the recorded commitments in its file. (F) The Area Plan Commission, South Bend City Attorney, Zoning Administrator, appropriate enforcement official, Owners of all parcels of ground located within three-hundred (300) feet of the real estate and all owners of real estate within the area included in the petition who were not petitioners for approval, and other specially affected persons designated in such commitments shall be entitled to enforce such commitments pursuant to Indiana Code 36-7-4-1015 or as otherwise provided by applicable law. 4 Ord. No.: 9495-04 Section 21-09.02 Area Plan Commission (G) The commitments required or allowed by the Area Plan Commission shall be in substantially the form set forth in Exhibit "A" of this Ordinance. (2) Modification of Commitments by the Area Plan Commission. (A) Commitments required or allowed by the Area Plan Commission maybe modified or terminated by a decision of the Area Plan Commission, made at a public hearing after notice to adjoining owners has been given pursuant to the Rules of Procedure of the Area Plan Commission. (B) Any modification or termination of the commitments shall not be effective until: i. reduced to writing; ii. approved by the Area Plan Commission; iii. executed and notarized by the present owner(s) of the real estate; and, iv. recorded in the Office of the Recorder of St. Joseph County, Indiana. (C) The modification or termination of commitments shall be in substantially the form set forth in Exhibit "B" of this Ordinance. Ord. No.: 9495-04 Section 21-09.03 Board of Zoning Appeals Section 21-09.03 Board of Zoning Appeals. (a) Establishment and Jurisdiction. The Board of Zoning Appeals for the City of South Bend, Indiana, is hereby re-established in accordance with Indiana Code 36-7-4-900 et sec . The Board of Zoning Appeals for the City of South Bend, Indiana, shall have exclusive authority over all matters set forth under Indiana Code 36-7-4-900 et sec ., within the corporate limits of the City of South Bend, Indiana. (b) Membership, Qualifications and Terms. The membership of the Board of Zoning Appeals, the qualification of its members and the terms of membership shall be in accordance with Indiana Code 36-7-4-900 et seg. (c) Duties and Powers. The Board of Zoning Appeals shall have the duty and power to: (1) Hear and determine appeals from and review any order, requirement, decision, or determination made by Staff; hearing officer or administrative official under this Ordinance. (2) Hear and determine appeals from and review any order, requirement, decision, or determination made by an administrative board or other body except the Area Plan Commission in relation to the enforcement of this Ordinance. (3) Hear and determine appeals from and review any order, requirement, decision, or determination made by an administrative board or other body except the Area Plan Commission in relation to the enforcement of those provisions of this Ordinance requiring the procurement of an improvement location permit or a certificate of occupancy. (4) Hear, and make a favorable recommendation, unfavorable recommendation or nb recommendation to the Common Council on all special exception uses in accordance with the provisions of Section 21-09.03 (gl -Special Exceptions, below. (5) Hear and determine all variances from development standards of this ordinance. Ord. No.: 9495-04 Section 21-09.03 Board of Zoning Appeals (d) Conditions. The Board of Zoning Appeals, in connection with its making of a favorable recommendation, unfavorable recommendation or no recommendation to the Common Council regarding the approval of a special exception use, may recommend that the Common Council impose certain reasonable conditions as a part of the Common Council's approval of any special exception use. Such conditions may include any reasonable site, development, operational standards, performance standards, requirements, and restrictions (including duration of approval) deemed necessary to ensure compliance with the Findings of Fact determinations. (e) Amendments. The Board of Zoning Appeals, in connection with making a determination on a variance of development standards, may accept amendments to a petition which, in the sole discretion of the Board of Zoning Appeals, are necessary for the Board of Zoning Appeals to make the determination and findings of fact required by Section 21-09.03 (h) - Variance of Development Standards, below. (~ Commitments. The Board of Zoning Appeals may recommend or the Common Council may permit or require the owner of a parcel of property to make a written commitment concerning the use or development of that parcel in the case of a petition for a special exception use. The Board of Zoning Appeals may permit or require the owner of a parcel of property to make a written commitment concerning the development of that parcel in the case of a petition for a variance of development standards. Such commitments may include any reasonable site, development, operational standards, performance standards, requirements, and restrictions (including duration of approval) deemed necessary to ensure compliance with the Findings of Fact determinations. All such commitments shall be in recordable form and shall be recorded in the office of the St. Joseph County Recorder and shall take effect upon the granting of the special exception use or variance. A recorded commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the parcel. The commitments shall be in substantially the form set forth in Exhibit "C" of this Ordinance. A recorded commitment may be modified or terminated only by a decision of the Board of Zoning Appeals made at a public hearing after notice. Ord. No.: 9495-04 Section 21-09.03 Board of Zoning Appeals The modification or termination of commitments shall be in substantially the form set forth in Exhibit "D" of this Ordinance. By recommending, permitting or requiring commitments, the Board of Zoning Appeals does not obligate itself to make a favorable recommendation nor does the Common Council obligate itself to approve or deny any request. This Section does not affect the validity of any covenant, easement, equitable servitude, or other land use restriction created in accordance with law. (g) Rules The Board of Zoning Appeals shall adopt rules concerning: the filing of appeals; applications for special exception uses and variances; the giving of notice; the determination of interested parties to receive notice; the conduct of hearings; the creation, form, recording, modification, enforcement and termination of commitments; and, the designation of which specially affected persons and classes of specially affected persons aze entitled to enforce commitments. Rules adopted by the Board of Zoning Appeals shall be printed and made available to all applicants and other interested persons. (h) Variance of Development Standards A variance from any of the development standards of this Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) the approval will not be injurious to the public health, safety, morals and general welfaze of the community; (2) the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) the strict application of the terms of this Ordinance would result in practical difficulties in the use of the property. Ord. No.: 9495-04 Section 21-09.03 Board of Zoning Appeals (i) Special Exceptions (1) Statement of Purpose. Certain land uses, while they maybe generally appropriate in certain districts and under certain circumstances, may have characteristics and locational impacts which, if inappropriately located, may have a detrimental effect upon other land uses within the district and the City of South Bend. It is therefore recognized that such land uses should be regulated in order to preserve property values, as well as promote the public health, safety, comfort, community moral standards, convenience and general welfare of the City of South Bend. (2) Uses Permitted by Special Exception. Only those uses identified in each individual district as uses permitted by special exception shall be permitted by special exception in each district. (3) Grant of a Special Exception. The Board of Zoning Appeals is hereby authorized to hear and make a favorable recommendation, unfavorable recommendation or no recommendation to the Common Council on a petition for a special exception use. The Common Council shall, within sixty (60) days of a recommendation by the Board of Zoning Appeals, vote on the petition for a special exception use. All petitions for a special exception use shall comply with the following requirements: (A) Petition for Special Exception. A petition for special exception shall be initially filed with the Board of Zoning Appeals in accordance with the requirements for the filing of a variance, except as such requirements may be modified in this Section. Such petition shall include proposed detailed Findings of Fact pursuant to Section 21-09.3, (i~(3) (D) -Findings of Fact for a Special Exception, below, in support of the determinations required to be made. (B) Waiver of Development Standards. A petition for special exception may contain a request to waive development standards of the district determined to be inappropriate for the individual special exception use. The waiver may only be approved if such waiver is specifically requested in said petition and specifically 4 Ord. No.: 9495-04 Section 21-09.03 Board of Zoning Appeals approved at the public hearing. Any development standards which are waived in this manner shall require additional findings as specified in Section 21-09.03 (h) -Variance of Development Standards, above, for the grant of a variance of development standards. (C) Basis of Review of a Special Exception Use. In reviewing a special exception petition with regard to compliance with the required Findings of Fact, the Board of Zoning Appeals and Common Council shall give consideration to the particular needs and circumstances of each special exception application and shall examine the following items as they relate to the proposed use: i. Topography and other natural site features; ii. Zoning of the site and surrounding properties; iii. Driveway locations and street access; iv. On-site and off-site accommodations for vehicular and pedestrian circulation patterns; v. Amount, location and design of parking areas and loading areas; vi. Building character, including height, intensity, materials and architecture; vii. Landscaping, screening and buffering of adjacent properties; viii. Compatibility of the proposed use, site design and architecture with the district in which the use is proposed to be located; ix. Extent to which the proposed use, site design and architecture comply with the regulations and development standards that would be applicable if the site were zoned to a Commercial /Mixed Use District or Industrial District of this Ordinance which would permit the proposed use as a primary use; x. Open space and other site amenities; and, xi. Availability and adequacy of streets, sanitary facilities, potable water, storm water management system and other utilities. The Board of Zoning Appeals and the Common Council shall find that the above items are dealt with appropriately by the petition for special Ord. No.: 9495-04 Section 21-09.03 Board of Zoning Appeals exception use such that Section 21-09.03 (h) (3) (D) -Findings of Fact, below, and Section 21-09.03 (h) (3) (E) -Requirements for the Grant of a ~ecial Exception, below, are complied with. (D) Findings of Fact for a Special Exception. A special exception may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: i. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; ii. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; iii. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and, iv. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. (E) Requirements for the Grant of a Special Exception. The grant of a special exception shall comply with the following requirements: i. The proposed use shall conform to all development standards of the applicable zoning district (unless a waiver of such development standards is requested as part of the Special Exception petition and approved as set forth above). ii. The proposed use shall conform to all conditions or commitments attached to the grant of the special exception. (j) Other Powers The Board of Zoning Appeals shall exercise all powers conferred on it by State law, local ordinance, or rule in the manner so prescribed. This Section shall not be construed as a limitation on such powers. 6 Ord. No.: 9495-04 Section 21-09.04 Staff Agencies Section 21-09.04 Staff Agencies. (a) Establishment. The Office of the Area Plan Commission of St. Joseph County, Indiana, is hereby re- established asthe planning department for the City of South Bend, Indiana. (b) Administration of Planning and Zoning Authority. The Office of the Area Plan Commission is hereby delegated the authority to perform all ministerial acts of the Area Plan Commission not required bylaw to be performed by the Area Plan Commission or the Board of Zoning Appeals within the City of South Bend. (c) Duties and Powers of the Executive Director and Zoning Administrator. (1) It shall be the duty of the Executive Director to supervise the general administration of the planning department. (2) It shall be the duty of the Executive Director to receive and review all applications required by this Ordinance for zone map changes, development plan approvals and planned unit developments. (3) It shall be the duty of the Zoning Administrator to enforce and administer this Ordinance, receive and review all applications required by this Ordinance for determination by the Board of Zoning Appeals and issue improvement location permits. (4) The Executive Director or Zoning Administrator shall, when requested by the Area Plan Commission or Board of Zoning Appeals, or when the interests of the City so require, make investigations in connection with matters referred to in this Ordinance and render written reports on the same. (5) The Executive Director shall keep the records of the planning department, including, without limitation, records of: applications; and, reports rendered. The Executive Director shall maintain records of all final determinations, decisions and recommendations of the Area Plan Commission. (6) The Zoning Administrator shall maintain records including, without limitation, records of: all applications before the Board of Zoning Appeals; all final determinations, decisions and recommendations of the Board of Zoning Appeals; permits issued; certificates issues; inspections made; and, notice or orders issued. Ord. No.: 9495-04 Section 21-09.04 Staff Agencies (7) The Executive Director shall transmit to the Area Plan Commission the recommendation of the planning department on all applications, petitions, or matters requiring official action by the Area Plan Commission. (8) The Zoning Administrator shall transmit to the Board of Zoning Appeals technical advise on all applications, petitions, or matters requiring official action by the Board of Zoning Appeals. (9) The Executive Director shall transmit to the Board of Zoning Appeals the recommendation of the planning department on all applications, petitions, or matters requiring official action by the Board of Zoning Appeals. (10) The Executive Director shall maintain the Official Zone Maps and designate on the Official Zone Maps all map amendments granted under the terms of this Ordinance. (11) The Executive Director shall provide and maintain information for the public relative to all matters arising out of this Ordinance. (12) The Executive Director may designate Staff to assist in the daily administration of the duties and responsibilities set forth in this Ordinance. (13) The Executive Director shall perform such other duties as the Area Plan Commission may direct in accordance with the provisions of this Ordinance. (d) Staff. The Zoning Administrator is hereby charged with the administration of this Ordinance and, in particular, shall have the jurisdiction, authority and duties described below: (1) To conduct preliminary consultations with potential applicants regarding development proposals regulated by this Ordinance. (2) To review all improvement location permit applications for compliance with the provisions of this Ordinance. (3) To issue improvement location permits upon a determination that such permit application is in full compliance with all terms and provisions of this Ordinance, the City of South Bend Subdivision Control Ordinance, and all other duly adopted applicable ordinances, rules or regulations of the City of South Bend. Ord. No.: 9495-04 Section 21-09.05 Development Review Procedures Section 21-09.05 Development Review Procedures. Intent -The Development Review Procedures for the City of South Bend are intended to provide for the protection of the public health, safety, morals and general welfare of the residential and business citizens of the City of South Bend by providing for the thorough review of all permit applications and development petitions so that informed decisions regarding such permit applications and development petitions maybe rendered while balancing the needs of the development community for the timely review of those permit applications and development petitions. (a) Improvement Location Permits. A building permit issued by the Building Department of the City of South Bend, Indiana, which includes: the establishment of a use; the alteration, change, enlargement, placement, erection or location of any building, structure, improvement or sign which results in an increase in the height, area or bulk of such building, structure, improvement or sign, shall constitute an improvement location permit under this Ordinance. Any application for such building permit shall include all necessary plans, including without limitation, site plans, landscape plans, lighting plans, building elevation or sign plans necessary to determine compliance with the permitted use, development standards and other development requirements of this Ordinance. (1) Improvement Location Permit Required. No building, structure, improvement, sign or use of land may be altered, changed, enlarged, placed, erected or located, unless the building, structure, improvement, sign or use and its location conform to the provisions of this Ordinance and an improvement location permit for the alteration, change, placement, erection or location of such building, structure, improvement, sign or use has been issued. (2) Duration of Improvement Location Permit. An improvement location permit shall be valid for the longer of: (A) one (1) year after date of issuance; or (B) the length of any required Building Permit, if such Building Permit is obtained for the building, structure, improvement or sign covered by the improvement location permit within one (1) year after the date of issuance of the improvement location permit. The Zoning Administrator shall have the power to extend the period of validity of any improvement location permit one or more times, provided, however, the total time period of all extension(s) shall not exceed six (6) months. Ord. No.: 9495-04 Section 21-09.05 Development Review Procedures (3) Review of Improvement Location Permit Application. (A) Improvement Location Permits for Single Family and Two Family Dwellings and Related Accessory Buildings or Structures. The Zoning Administrator may take up to five (5) business days to study an application for an improvement location permit. During such five (5) business day period, the Zoning Administrator may consult with other Staff or appropriate technical consultants. If, after such five (5) day period, the Zoning Administrator has not requested any additional information or stated any objections in writing to the applicant, and the proposed building, structure or improvement, and the proposed use conform in all respects to the provisions of this Ordinance, the Zoning Administrator shall issue the improvement location permit. (B) Improvement Location Permits for All: Multifamily, Commercial /Mixed Use, Industrial or Special Exception Buildings, Structures, Lnprovements or Uses; Signs; and, Accessory Buildings, Structures or Improvements Related to Multifamily, Commercial /Mixed Use, Industrial or Special Exception Uses. The Zoning Administrator may take up to fifteen (15) business days to study the application for an improvement location permit. During such fifteen (15) day period, the Zoning Administrator may consult with other Staff or appropriate technical consultants. If, after such fifteen (15) day period, the Zoning Administrator has not requested any additional information or stated any objections in writing to the applicant, and the proposed building, structure, improvement or sign, and the proposed use conform in all respects to the provisions of this Ordinance, the Zoning Administrator shall issue the improvement location permit. (C) Improvement Location Permits for Buildings, Structures, Improvements, Signs or Uses Authorized by Variance. In addition to the requirements above, an improvement location permit for a building, structure, improvement, sign or use authorized by variance shall not be issued until: i. receipt by the Zoning Administrator of written notice from the Board of Zoning Appeals that the application therefore has been approved by the Board of Zoning Appeals; and, Ord. No.: 9495-04 Section 21-09.05 Development Review Procedures ii. a determination by the Zoning Administrator that said improvement location permit application is in full compliance with the terms of any conditions which may have been imposed by the Board of Zoning Appeals and commitments which may have been made by the owner. (D) Improvement Location Permits for Buildings, Structures, Improvements, Signs or Uses Authorized by Special Exception. In addition to the requirements above, an improvement location permit for a building, structure, improvement, sign or use authorized by special exception shall not be issued until: i. receipt by the Zoning Administrator of written notice from the Common Council that the application therefore has been approved by the Common Council; and, ii. a determination by the Zoning Administrator that said improvement location permit application is in full compliance with the terms of any conditions which may have been imposed by the Common Council and commitments which may have been made by the owner. (4) Appeal of Determination. Any determination by the Zoning Administrator concerning the issuance of an improvement location permit maybe appealed to the Board of Zoning Appeals by any party claiming to be adversely affected by that decision. (5) Record of Permits. A record of all improvement location permits shall be kept on file in the Office of the Zoning Administrator and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land affected and shall be available for public inspection and copying as provided by applicable State law. (6) Amended Improvement Location Permit. When a builder, developer or owner of any building, structure, improvement or sign for which an improvement location permit has been obtained, for any reason, proposes that the construction of said building, structure, improvement or sign deviate from the plans filed with the improvement location permit application and approved by the Zoning Administrator, the builder, developer or owner shall Ord. No.: 9495-04 Section 21-09.05 Development Review Procedures make application for an Amended Improvement Location Permit. The Zoning Administrator shall review the application for the Amended Improvement Location Permit in accordance with the procedures set forth above to determine compliance of the Amended Improvement Location Permit application with the provisions of this Ordinance and any other applicable conditions, commitments or restrictions. If such Amended Improvement Location Permit application is found to be in compliance, the Zoning Administrator shall issue an Amended Improvement Location Permit. Any determination by the Zoning Administrator with respect to an Amended Improvement Location Permit shall be subject to the same appeal rights and procedures as set forth above for an initial application for an improvement location permit. (7) Revocation in Event of Violation. If the Zoning Administrator determines that construction or development is proceeding or has proceeded in violation of any applicable law, ordinance, rule, regulation, site plan, or condition approval, or that the improvement location permit has been issued in violation of any applicable law, ordinance, rule, regulation, site plan, zoning commitment, or condition of approval, the Zoning Administrator may revoke said improvement location permit. In the event that an improvement location permit is revoked, the Zoning Administrator shall send written notice of the revocation to the permit applicant. (8) Fees. Fees for improvement location permits shall be as established in Title 6 of the South Bend Municipal Code. (b) Compliance With Other Laws, Ordinances, Rules or Regulations. The issuance of an improvement location permit does not substitute for or supersede the requirement to obtain approvals specified in other laws, ordinances, rules and regulations, as the same maybe amended from time to time, before the construction of any building, structure, improvement or sign, including, but not limited to: (1) City of South Bend Building Code; (2) City of South Bend Subdivision Control Ordinance; (3) Any other applicable federal, state or local law, ordinance, rule or regulation, including, but not limited to: (A) Rule 5 Erosion Control Regulations; 4 Ord. No.: 9495-04 Section 21-09.05 Development Review Procedures (B) Article 12. Floodplain Regulations (Sections 21-178 through 21-190) of the Municipal Code for the City of South Bend, St. Joseph County, Indiana; (C) Driveway permit regulations for the City of South Bend, Indiana; and, (D) State or Federal Environmental Permits. (c) Application Form and Plan Requirements. All improvement location permit applications shall comply with the form of application specified by the Building Department of the City of South Bend, Indiana. When an improvement location permit is required by this Ordinance, additional site plans, landscape plans, lighting plans, sign plans and building elevations, as described below, may be required to determine compliance with the requirements of this Ordinance. (1) A site plan for a single family dwelling or a two family dwelling on a platted lot. (A) North arrow. (B) Address of the lot. (C) Scale (not more than 1"=100'). (D) Legal description of the lot. (E) Names, center-lines and right-of--way widths of all streets, alleys, thoroughfares, public ways, water ways, or railroad right-of--ways abutting or within the lot. (F) The location and dimensions of all buildings, structures or improvements currently existing on the lot. (G) Structures proposed for demolition should be indicated as such. (H) The location and dimensions of all proposed buildings, structures or improvements, including fences, sheds, paved areas, storage areas, parking areas (indicate if parking is hard surfaced). Cross-hatch or shade lightly all proposed buildings. (I) Location of any proposed or existing driveway and its width at the property line. (Any connection to an alley must also be indicated). 5 Ord. No.: 9495-04 Section 21-09.05 Development Review Procedures (J) The distance from lot lines for all existing and proposed buildings, structures or improvements (this distance is measured as a line from the point where the building, structure or improvement is closest to the property line. This measurement is taken perpendicular to the property line.). (K) The height of the existing and proposed buildings, structures or improvements. (L) All other information required by the Zoning Administrator for the proper administration of this Ordinance. The Zoning Administrator may waive or relax any of the site plan requirements listed above, as circumstances dictate. (2) A site plan for any Commercial /Mixed Use, Industrial or Special Exception Use. (A) North arrow. (B) Address of the site. (C) Scale (not more than 1 "=100'). (D) The actual shape, size and dimensions of the lot. (E) Area map or sketch to indicate the location of the lot. (F) Names, center-lines and right-of--way widths of all streets, alleys, thoroughfares, public ways, water ways, or railroad right-of--ways abutting or within the lot. (G) The location and dimensions of all buildings, structures, improvements or signs currently existing on the lot. (H) Structures proposed for demolition should be indicated as such. (I) The location and dimensions of all proposed buildings, structures, improvements or signs, including fences, sheds, paved azeas, storage areas, parking areas (indicate if parking is hazdsurfaced). Cross-hatch or shade lightly all proposed buildings. (J) Location of any proposed or existing driveway and its width at the property line. (Any connection to an alley must also be indicated). Ord. No.: 9495-04 Section 21-09.05 Development Review Procedures (K) (If applicable) Location of all existing and proposed freestanding signs on the site. See sub-Section (4) - Si rg 1 Plans, below, for requirements regarding proposed signs. (L) The distance from lot lines for all existing and proposed buildings, structures, improvements or signs. (This distance is measured as a line from the point where the building, structure, improvement or sign is closest to the property line. This measurement is taken perpendicular to the property line.). (M) The height of the existing and proposed buildings, structures or improvements. (I~ The number of dwelling units (if applicable) of existing and proposed buildings or structures. (O) The current and proposed use to be made of all buildings, structures, improvements or lands within the lot (e.g. parking area, loading area, residence, office, outdoor storage). (P) Locational Engineering information regarding all utilities to provide service to the buildings or structures on the lot. (Q) The location and dimensions of all off-street parking areas and ofJ~street loading areas and facilities. (R) The location, size and dimension of all fences, walls or other screening and buffering devices. (S) Site Data Summary (a text summary in table format describing: square footage of existing and proposed buildings; existing, proposed and required parking; existing, proposed and required loading; proposed and permitted maximum building height; accommodation of drainage, sanitary sewer, water and other utility services; legal description; lighting; and landscaping). (T) The seal of the registered professional engineer or architect responsible for the site plan. (Ln All other information required by the Zoning Administrator for the proper administration and enforcement of this Ordinance. The Zoning Administrator may waive or relax any of the site plan requirements listed above, as circumstances dictate. Ord. No.: 9495-04 Section 21-09.05 Development Review Procedures (3) Building Elevations. (A) Address of the site. (B) Proposed name of the development. (C) Scale. (D) Elevations for each facade of the building. (E) Specification or sample of the type and color of building materials to be used for all wall, window, roof and other architectural features. (F) Any other information requested in writing by the Zoning Administrator. Zoning Administrator, in its sole discretion, may waive or relax any of the Building Elevation requirements listed above, as circumstances dictate. (4) Sign Plan. (A) Address of the site. (B) Proposed name of the development. (C) Scale. (D) (Freestanding Signs) A site plan indicating the location of any existing or proposed freestanding signs. (E) (Wall Signs) A site plan indicating the location of any building upon which a sign is to be mounted, with the location of the signs indicated. (F) Elevation of proposed signs including size, materials and color. (G) Illumination details for proposed signs. (H) Placement, size, color and illumination details for any proposed wall sign. (I) Any other information requested in writing by the Zoning Administrator. Zoning Administrator, in its sole discretion, may waive or relax any of the Sign Plan requirements listed above, as circumstances dictate. 8 Ord. No.: 9495-04 Section 21-09.05 Development Review Procedures (5) Landscape Plan. (A) Address of the site. (B) Proposed name of the development. (C) Scale (not more than 1 "=100'). (D) The location of any existing or proposed freestanding signs. (E) Outline of all existing or proposed buildings or structures, including parking areas and loading areas. (F) Boundary lines of the site. (G) Location of all floodway and floodway fringe areas within the boundaries of the site. (H) All existing elevations and proposed land contour lines having at least two (2) foot intervals. ()7 Proposed sidewalk, walkway or alternate plan for pedestrian ways. (J) Size, species and spacing (on center) of all proposed trees, landscaping and ground cover. (K) Location of existing trees in required yards and required residential bufferyards, indicating type and size of trees and whether such trees are to be removed or preserved. (L) Description of methods to preserve trees without injury and with sufficient area for the root system to sustain the tree. (M) Description of protective care and physical restraint barriers at the drip line to prevent alteration, compaction or increased depth of the soil in the root system area prior to and during groundwork and construction. (1~ Any other information requested in writing by the Zoning Administrator. Zoning Administrator, in its sole discretion, may waive or relax any of the Landscape Plan requirements listed above, as circumstances dictate. 9 Ord. No.: 9495-04 Section 21-09.05 Development Review Procedures (6) Lighting Plan. (A) North arrow. (B) Address of the site. (C) Scale (not more than 1" = 100'). (D) Proposed name of the development. (E) Boundary lines of the site including all dimensions of the site. (F) Outline of buildings, structures and other improvements (e.g., parking areas, loading areas, interior access drives, etc.) on the lot and the location of all outdoor light fixtures. (G) A description of the outdoor light fixtures, including but not limited to manufacturers or electric utility catalog specifications sheets, drawings or photometric report, which indicate: i. the outdoor light fixture classification (e.g., cutoff, semi-cutoff, full cutoff, ornon-cutoff); ii. mounting height of freestanding outdoor light fixtures; and, iii. wattage proposed for each outdoor light fixture. (H) If architectural building lighting is proposed, indicate the location, type and intensity of lighting on each building facade. (I) Any other information requested in writing by the Zoning Administrator. Zoning Administrator, in its sole discretion, may waive or relax any of the Lighting Plan requirements listed above, as circumstances dictate. 10 Ord. No.: 9495-04 Section 21-09.05 Development Review Procedures (d) Development Plan Application Process and Requirements. (1) Who May File. Development plan applications may only be initiated by a petition signed by the owners of the land involved in the petition. (2) Fees. In order to defray administrative costs, the fees as set forth in the fee schedule as approved by the Area Plan Commission for development plan approval shall be paid by the applicant at the time of filing an application for development plan approval. (3) Application Procedures. The applicant for development plan approval shall contact the Executive Director to make an appointment with the Executive Director its designee to deliver the following: (A) The plan documentation and supporting information required for the development plan approval requested; and, (B) An application for development plan approval upon forms approved by the Area Plan Commission for such purpose. (4) Amendments To Development Plans. (A) Pending Development Plans -Amendments to development plans pending approval or denial by the Area Plan Commission maybe made by the petitioner at any time prior to a vote being called for by the Area Plan Commission. If, in the sole discretion of the Area Plan Commission, the proposed amendment is of such a nature that additional time is needed for review, the Area Plan Commission may continue the consideration of such amended development plan to the next meeting of the Area Plan Commission. (B) Approved Development Plans - Authority to approve minor amendments to approved development plans is hereby delegated to Executive Director in the continuing administration of such development plan. Such minor amendments approved by the Executive Director shall be reported to the Area Plan Commission, in writing, at the next regular meeting of the Area Plan Commission. 11 Ord. No.: 9495-04 Section 21-09.05 Development Review Procedures (C) Determination of Minor Amendments. Amendments to an approved development plan shall be deemed to be "minor" if: i. such amendments do not involve: a. an increase in height, area, bulk or intensity of land uses; b. the designation of additional land uses; c. the reduction in perimeter yards; d. the addition of driveways or access points; or, e. reduction in the amount of parking for any use; and, ii. in the determination of the Executive Director, the requested amendment does not adversely impact the purpose or intent of the overall development. (D) New Development Plan Required. If the Executive Director determines that a proposed amendment is not a "minor" amendment, petitioner shall be required to file a new petition for development plan approval. (E) Appeals of Determination by the Executive Director Regarding Amendments. Any decision of the Executive Director regarding the amendment of development plan maybe appealed by any interested party to the Area Plan Commission in accordance with the procedures below. i. Time -Every appeal shall be filed within thirty (30) days of the date of the determination. ii. Appeal in Writing -The Petitioner or any other interested party may appeal the Executive Director's determination by filing a letter with the Area Plan Commission stating the reasons for such appeal. iii. Appeal of Determination at Public Hearing -All appeals of the Executive Director's determination shall be decided by the Area 12 Ord. No.: 9495-04 Section 21-09.05 Development Review Procedures Plan Commission at a public hearing for which notice has been provided. (F) Notice of Public Hearing -All public hearings for: the initial determination of a development plan; or, the appeal of the Executive Director's determination regarding an amendment to an approved development plan, shall be as specified below: i. Notice by Publication. All petitions for development plan approval shall be subject to the publication of legal notice in a newspaper of general circulation not less than ten (10) days prior to the public hearing. The form of such legal notice shall be as specified by the Executive Director. The cost of such legal notice shall be borne by the Area Plan Commission. ii. Notice of Initial Hearing of a Development Plan. In the case of an initial hearing on a proposed development plan, the petitioner shall provide the Executive Director with mailing envelopes, including first class mail postage, addressed to the owner of the real estate and all adjoining property owners located within three-hundred (300) feet of the subject property. iii. Notice of Remonstrator's Appeal of the Executive Director's Approval of an Amendment to a Development Plan. In the case of an appeal by a remonstrator, the remonstrator shall provide the Executive Director with mailing envelopes, including first class mail postage, addressed to the owner of the real estate, the applicant for the development plan and all adjoining property owners located within three-hundred (300) feet of the subject property. iv. Notice of Petitioner's Appeal of the Executive Director's Denial of an Amendment to a Development Plan or the Imposition of a Condition on the Approval of an Amendment to a Development Plan. In the case of an appeal by a petitioner, the petitioner shall provide the Executive Director with mailing envelopes, including first class mail postage, addressed to the owner of the real estate and all 13 Ord. No.: 9495-04 Section 21-09.05 Development Review Procedures adjoining property owners located within three-hundred (300) feet of the subject property. (G) Form of Notice -Notice of an appeal shall be on forms substantially as prepared by the Executive Director. The Area Plan Commission office shall be responsible for mailing said notice by First Class Mail not less than ten (10) days prior to the public hearing. (H) Appeal Hearing DeNovo -The Area Plan Commission hearing on the appeal of a determination regarding an amendment to a development plan shall be de novo, in the same manner as an application filed for determination by the Area Plan Commission. (5) Duties of the Executive Director. It shall be the duty of the Executive Director to: (A) supervise or perform the intake and review of all development plans; (B) make any determinations delegated by this Section regarding the approval or denial of minor amendments to approved development plans; and, (C) notify the Area Plan Commission of the approval or denial of minor amendments to approved development plans; (6) Final Decision -The decision of the Area Plan Commission with respect to any development plan shall be a final decision that may be reviewed only as provided in I. C. 36-7-4-1016. (e) Zoning Ordinance Amendment Procedures. (1) Text Amendments -The procedures and requirements for the preparation and consideration of proposal to amend or partially repeal of the text of this Chapter of the South Bend Municipal Code shall be as follows: (A) Text of Zoning Ordinance -The Common Council may, from time to time, upon its own motion or upon the petition of the Area Plan Commission, amend or partially repeal the text of this Chapter in accordance with the provisions of Indiana Code 36-7-4-602, et seq. 14 Ord. No.: 9495-04 Section 21-09.05 Development Review Procedures (B) Zone Map Change -Proposals to change the zone maps, whether by incorporating an additional map or by amending or deleting a map, incorporated by reference into this Chapter maybe initiated by the Common Council, the Area Plan Commission, or by a petition of the owners of property of at least fifty (50) percent of the area involved in the petition in accordance with the provisions of Indiana Code 36-7-4-602, et seq. (C) Common Council Action - In the case of proposal to amend or partially repeal the text of this Chapter or in the case of a zone map change, the Common Council may act upon such amendment only after a report has been presented by the Area Plan Commission after public notice and hearing in accordance with the provisions of Indiana Code 36-7-4-604, et seq. (D) Common Council May Initiate Proposal -The Common Council may initiate and also require the Area Plan Commission to: prepare a proposal to amend or partially repeal the text of this Chapter; or, consider and recommend a proposal for zone map change, and submit such amendment to a public hearing by the Area Plan Commission within sixty (60) days after formal written request by the Common Council. (E) Review Procedure and Time Limits -The procedure for the referral of a proposed amendment to the Area Plan Commission and the time limits for action by the Area Plan Commission and the Common Council shall be as set forth in Indiana Code 36-7-4-607, et seq. (F) The city executive shall have the right of veto any proposal to amend or partially repeal the text of this Chapter or any proposal for a zone map change. (2) Zone Map Amendments -The procedures and requirements for the preparation and consideration of proposal to amend zone maps shall be as follows: (A) A proposal for zone map change(s) (a/k/a rezoning petition) shall be completed in its entirety. It shall be filed in the office of the City Clerk, Room 455 County-City Building, South Bend, Indiana 46601; along with a proposed form of rezoning ordinance on 8 1/2" x 11"paper, and cover letter. Said ordinance shall comply with all requirements as to form, including but not limited to having a "Statement of Purpose and Intent." Said proposed rezoning ordinance must set forth in the title the commonly known address of the subject property, as well as the Councilmanic District within which the subject property is located. The petitioner shall include with said filing, a written list which sets forth all of the names, 15 Ord. No.: 9495-04 Section 21-09.05 Development Review Procedures addresses and tax key numbers of all property owners for properties located within three hundred feet (300') of the petitioned property. Notice shall be given by the Area Plan Commission to any of South Bend's Neighborhood Based Organizations whose boundaries include and/or are contiguous to the subject property. The Petitioner shall file business size (No. #10) envelopes with pre-paid postage addressed to all property owners within three hundred feet (300') of the petitioned property; and a location map (if available) which is drawn to scale of the petitioned property and which includes street names printed in 8 1/2" x 11" format. For all rezoning proposals, the Petitioner shall file seventeen (17) proposed site plans, of which six (6) will be used by Area Plan; and the remaining eleven (11) being used by the Council and Clerk's Office for informational purposes only. Requests for Single-Family Districts shall be exempt from filing preliminary site plans. All fees required by the Office of the City Clerk shall be paid at time of filing. (B) The Office of the City Clerk shall then place all properly filed proposal(s) for zone map change(s) by title on the agenda for the next regularly scheduled meeting of the Common Council. Deadlines for filing proposal(s) for zone map change(s) shall be noon on the Wednesday immediately prior to the next regularly scheduled Common Council meeting. (C) After first reading of the title of a proposed rezoning ordinance at the Common Council meeting, the Common Council shall refer said ordinance to the Area Plan Commission for public hearing and recommendation. In connection with said referral, the Common Council shall have the authority to request the submission of other supplemental information which may include but not be limited to Building Elevations, Sign Plans, Landscape Plans, Lighting Plans or traffic studies. If requested, such additional Building Elevations, Sign Plans, Landscape Plans or Lighting Plans shall conform to the requirements set forth in Section 21-09.05(c) -Application Forms and Plan Requirements, above. All supplemental information submitted in response to a request from the Common Council shall be considered by the Area Plan Commission at a public hearing as part of its review and recommendation to the Common Council regarding said proposed zoning ordinance. (D) Supplemental Plans -Depending on the nature of the proposal, the Executive Director shall have the authority to request the submission of other supplemental information including but not limited to Building Elevations, Sign Plans, Landscape Plans, Lighting Plans or traffic studies. If requested, such additional Building Elevations, Sign Plans, Landscape 16 Ord. No.: 9495-04 Section 21-09.05 Development Review Procedures Plans or Lighting Plans shall conform to the requirements set forth in Section 21-09.05 (c) -Application Forms and Plan Requirements, above. (E) After public hearing, the Area Plan Commission shall certify the proposal with a: i. favorable recommendation; ii. unfavorable recommendation; or, iii. no recommendation. (F) The certification of a proposal by the Area Plan Commission to the Common Council may include written commitments as set forth in Section 21-09.02 ~) -Commitments which are addressed in Indiana Code Section 36-7-4-615. Such commitments may include: limitations upon certain uses; requirements for specific building or parking area setback or screening requirements; requirements for specific site design features or project amenities; or, requirements that development conform with Site Plans, Building Elevations, Sign Plans, Landscape Plans or Lighting Plans which were submitted in connection with the proposal. (G) Upon the Office of the City Clerk receiving a written certification on a proposed zoning ordinance from the Area Plan Commission pursuant to Indiana Code Section 36-7-4-605, the Office of the City Clerk shall list by Bill Number and commonly known address under the "Unfinished Business" section of the Common Council's next meeting agenda. The Common Council shall then refer said certification to the Council's Zoning and Annexation Committee for review and recommendation to the full Council, and set the public hearing date for the same. (H) In those limited instances where the Petitioner(s) or their authorized representative(s) whose names appear of record on documents initially filed with the Office of the City Clerk to initiate a proposed rezoning, and such individuals are unavailable to attend required meetings, the Petitioner(s) may authorize another individual to represent them before the Council by filing a Limited Power of Attorney with the Office of the City Clerk. Such filing must take place prior to public hearings, before any and all meetings of the Council's Zoning and Annexation Committee and the Common Council. A sample form of such Limited Power of Attorney is available from the Office of the City Clerk. 17 Ord. No.: 9495-04 Section 21-09.05 Development Review Procedures (I) Within ninety (90) days after receiving the written certification on a proposed rezoning ordinance from the Area Plan Commission, the Common Council shall take final action thereon, pursuant to applicable law. (J) After passage of any proposed rezoning ordinance which has been approved by the Mayor, legal advertising is then ordered by the Office of the City Clerk. (f7 Variance and Special Exception Procedures. The procedures and requirements for the preparation and consideration of petition for a variance of development standards or a special exception use shall be as follows: (1) Petitions -Petitions for a variance of development standards or for a special exception use shall be filed in the office of the Building Commissioner of the City of South Bend, Indiana. The proposal shall be on the form provided, available in the Off ce of the Building Commissioner. (2) Required Plans -Each petition for a variance of development standards or for a special exception use shall be accompanied by a Site Plan which conforms to the requirements set forth in Section 21-09.05 lc) -Application Forms and Plan Requirements, above. (3) Supplemental Plans -Depending on the nature of the petition, the Zoning Administrator shall have the authority to request the submission of plans of operation, traffic studies, radio frequency studies, or other supplemental information including but not limited to Building Elevations, Sign Plans, Landscape Plans or Lighting Plans. If requested, such additional Building Elevations, Sign Plans, Landscape Plans or Lighting Plans shall conform to the requirements set forth in Section 21-09.05 (c) -Application Forms and Plan Requirements, above. (4) Variance of Development Standards -The Board of Zoning Appeals, at a public hearing, shall hear and determine all variances of development standards. (5) Special Exception Uses -The Board of Zoning Appeals, at a public hearing, shall hear and make a favorable recommendation, unfavorable recommendation or no recommendation to the Common Council on all special exception uses. The Common Council shall, approve or disapprove all petitions for special exception uses within sixty (60) days after the Board of Zoning Appeals makes its recommendation. If the Common Council does not vote to deny the petition for a special exception use within sixty (60) days, the petition is approved. 18 Ord. No.: 9495-04 Section 21-09.05 Development Review Procedures (g) Modification or Termination of Commitments. In those instances where a property owner wishes to request that commitments which were entered into in connection with a development plan approval, zone map change, PUD District Ordinance, secondary approval of a PUD, modification of permitted uses or development requirements of a PUD, variance, or a special exception, be modified or terminated, such request for modification or termination shall comply with the following requirements: (1) Form of Filing -Such request shall be filed as an "Petition for Modification or Termination of Commitments" with the body which permitted or required the commitments (i.e., the Area Plan Commission or the Board of Zoning Appeals). (A) In the case of a modification or termination of commitments permitted or required by the Area Plan Commission, such petition shall be on forms provided by the Office of the Area Plan Commission. (B) In the case of a modification or termination of commitments permitted or required by the Board of Zoning Appeals, such petitions shall be on forms provided by the Building Department of the City of South Bend. (2) Public Hearing and Notice -Each request for modification or termination of commitments shall be determined after a public hearing. The notification requirements and other procedural requirements for conducting the public hearing on a modification or termination of commitments shall be the same as for the initial public hearing at which the commitments were originally permitted or required. (3) Reasons for Modification or Termination -The petitioner or property owner shall be responsible for presenting convincing evidence to the Area Plan Commission or the Board of Zoning Appeals as to the reasons, need or justification for the proposed modification or termination of commitments. 19 Ord. No.: 9495-04 Section 21-10 Enforcement ARTICLE 10 ENFORCEMENT SECTION 21-10 ENFORCEMENT REGULATIONS Section 21-10 Enforcement. (a) Authority The Building Department of the City of South Bend, the Department of Code Enforcement of the City of South Bend, and the Staff of both departments are hereby designated to enforce the terms and provisions of this Ordinance in accordance with Indiana law. (b) Alleged Violations Whenever Staff receives a complaint or has reason to suspect that an alleged violation of the terms and provisions of this Ordinance are occurring, Staff shall investigate the complaint or suspicion and shall take whatever action is warranted in accordance with the provisions of this Section 21-10. (c) Responsibility for Violations The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent or other person who commits, participates in, assists, directs, creates, or maintains any situation that is in violation of the terms and provisions of this Ordinance, may be held responsible for the violation, suffer the penalties, and be subject to the remedies herein provided. (d) Inspection of Property -Right of Entry Staff may enter upon any building, structure or land or part thereof at any reasonable time for the purpose of inspecting all buildings, structures or lands located within the corporate limits of the City of South Bend for the purpose of carrying out their duties in the enforcement of this Ordinance. Prior to entering upon any premises, Staff shall furnish sufficient identification and information to enable the owner, tenant or occupant to determine the purpose of the inspection and that the person conducting the inspection is an authorized representative of the City of South Bend. In the event that entry is denied by the owner, tenant or occupant of a premises, Staff may make application to any court of competent jurisdiction for the issuance of a search warrant. Such application shall identify the premises upon which entry is sought and the purpose for which entry is desired. The application shall state the facts giving rise to the belief that a condition which is in violation of this Ordinance exists on the premises, or Ord. No.: 9495-04 Section 21-10 Enforcement that such a violation in fact exists and must be abated, and that the condition or violation is not a lawful nonconforming use to the best of the affiant's belief. Any warrant issued pursuant to such application shall order such owner, tenant or occupant to permit entry to Staff for the purposes stated therein. (e) Cease & Desist Order Staff is empowered to issue a Cease & Desist Order requiring the suspension of land improvement of any kind when any of the following circumstances exist: (1) A site improvement is occurring without an improvement location permit or any other permit required by this Ordinance having first been obtained; or, (2) A site improvement is occurring in violation of: (A) the terms, conditions or provisions of this Ordinance; (B) the terms and conditions of an improvement location permit; (C) the terms and conditions of any other permit required as apre-requisite to the issuance of an improvement location permit; (D) the terms, provisions, conditions or commitments of a variance or special exception use; (E) the terms of commitments made or conditions imposed in connection with the approval of a development plan; (F) ~ other approval grant authorized by this Ordinance; or, (G) other applicable federal, state or local law or ordinance. (3) The Cease & Desist Order shall be posted on the property in a conspicuous place, or personally delivered to the owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent or other person who commits, participates in, assists, directs, creates, or maintains any situation that is in violation of the terms and provisions of this Ordinance and state the conditions under which construction or other activity may be resumed. Staff shall meet with the recipient of a Cease & Desist Order upon request to explain the conditions under which construction or other activity maybe resumed. 2 Ord. No.: 9495-04 Section 21-10 Enforcement (4) In addition to any other remedies available pursuant to any other applicable law and this Ordinance, the South Bend City Attorney, Zoning Administrator or appropriate enforcement official may institute a lawsuit in a court of competent jurisdiction to enforce the provisions of a Cease & Desist Order, including but not limited to injunctive relief. (f) Violations Subject to the provisions of Section 21-01.03 - Nonconforming Lots, Uses, BuildinQS, Structures of Suns, each of the following shall constitute a zoning violation which may be enforced by the Building Department or the Department of Code Enforcement in accordance with the provisions set forth in Section 21-10 (g) below: (1) The location, erection, or maintenance of any sign not specifically permitted by this Ordinance; (2) The failure to obtain an improvement location permit when one is required by the terms and provisions of this Ordinance; (3) The outdoor storage of junk, trash or debris in any district the provisions of which do not specifically permit such a use; (4) The parking or storage, in any district the provisions of which do no specifically permit such a use, of any: (A) motor vehicle used or designed for use in pulling, towing, hauling, transporting; or, (B) motor vehicle or separate trailer as a temporary or permanent base, platform or support for equipment, machinery, materials or other goods (including but not limited to stake body trucks, dump trucks, trucks or tractors having dual real wheels or more than two axles, semi-trailer tractors, semi-trailers and trailers having dual real wheels or more than one axle or having an overall length of more than twelve feet). However, this provision does not apply to motor vehicles which do not exceed three-quarter ton load classification in size and which are the primary source of transportation for an individual whose primary place of residence is the particular dwelling at which the commercial motor vehicle is parked on a regular basis; (5) The outdoor storage or display of merchandise or goods in any district the provisions of which do not specifically permit such a use or in violation of the district development standards regulating such a use; Ord. No.: 9495-04 Section 21-10 Enforcement (6) The conduct of any activity in a residential district that is not specifically enumerated as a permitted primary or accessory use in that district, and which activity has not been legally established by a currently valid special exception use or other approval grant; (7) Failure to comply with district development standards, including but not limited to landscaping, paving of parking areas, minimum parking space requirements, minimum loading space requirements, trash dumpster enclosure, fencing, landscaping or screening requirements; (8) The failure to comply with: (A) the terms, provisions, conditions or commitments of a variance grant or special exception use grant; (B) the terms of commitments made in connection with a zoning map change or the approval of a development plan; (C) the terms, provisions or conditions of any other permit required as a pre- requisite to the issuance of a improvement location permit; or, (D) other approval grant authorized by this Ordinance; (9) The violation of a Cease & Desist Order issued pursuant to this Section 21-10; and, (10) Failure to comply with any other provisions of this Ordinance, or other applicable federal, state or local law or ordinance. The primary enforcement responsibility for Items (2) and (8) above shall be the vested with the Building Department, provided however, the Department of Code Enforcement may also initiate enforcement of these matters. The primary enforcement responsibility for Items (3), (4) and (6) shall be vested with the Department of Code Enforcement, provided however, the Building Department may also initiate enforcement of these matters. The enforcement responsibility for Items (1), (5), (7), (9) and (10) shall be vested in both the Building Department and the Department of Code Enforcement and both or either department may initiate enforcement of these matters. Ord. No.: 9495-04 Section 21-10 Enforcement (g) Remedies or Penalties for Violation Any owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent or other person who commits, participates in, assists, directs, creates, or maintains any situation that is in violation of the terms and provisions of this Ordinance as defined in Section 21-10 (f) above, maybe issued a citation by Staff. Subject to the provisions of Section 21-10 (g) (1), and Section 21-10 (g) (2), below, each day a zoning violation remains uncorrected is a distinct and separate zoning violation subject to an additional citation and fine in the amount prescribed in this Ordinance. (1) Procedures for Initial Notice of Zoning Violation or Citation. (A) Staff may issue a notice of zoning violation to a person (i.e., any owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent or other person) who commits a zoning violation or allows a zoning violation to be committed on real estate in which the person has a possessory interest. The notice of zoning violation maybe served by: personal service; certified mail, return receipt requested; registered mail; or, by posting such notice in a conspicuous place on the property where the violation occurs, and shall serve as notice that a zoning violation has been committed. (B) No citation shall be issued unless notice as required by sub-Section 21- 10(g)(1)(A) has been provided at least ten (10) days before the citation is issued, in order to allow the person receiving notice an opportunity to correct the violation and to come into compliance with the terms and provisions of this Ordinance, provided, however, the service of a notice of zoning .violation and the provision of time to correct the zoning violation is not required before issuing a citation for: (i) violation of a Cease & Desist Order issued pursuant to Section 21-10 (e); or, (ii) violation of Section 21-08.01 (d) (1) (G) or Section 21-08.01 (d) (1) (I) regarding signs or lights located on a Wireless Telecommunications Facility. If upon re- inspection, the zoning violation remains unabated, a second notice of zoning violation maybe served, or a citation accompanied by the fines as specified in Section 21-10 (h), below, maybe issued. (2) Action After Second Notice or Citation. A person (i.e., any owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent or other person) who is served with a second notice of zoning violation or receives a citation shall have ten (10) days from service of a second notice of zoning violation or receipt of citation to take one of the following actions: Ord. No.: 9495-04 Section 21-10 Enforcement (A) Such person may elect to file a petition for zoning map change, variance, special exception use or development plan approval to correct such violation, in which case the person must indicate the intent to file such a petition on the served second notice or citation and return a copy to the Zoning Administrator or appropriate enforcement official. During the pendency of said petition the issuance of additional notices or citations and additional monetary fines as prescribed in Section 21-10 (h), shall be stayed. A person who files the petition within said time period shall pursue the petition in an expeditious and diligent manner. If the petition is denied, withdrawn or dismissed and the zoning violation continues, then a lawsuit maybe commenced by the South Bend City Attorney, Zoning Administrator or appropriate enforcement official as provided by applicable laws. (B) Such person or any other interested party may elect to appeal the decision of the enforcement official pursuant to Section 21-09.03 (c) as an Administrative Appeal before the Board of Zoning Appeals. (3) Legal Action for Failure to Correct Violation. If an owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent or other person who is served with a second notice of zoning violation or receives a citation fails to either correct the violation or take such actions to come into compliance within ten (10) days as set forth in Section 21-10 (g) (2), above, then the South Bend City Attorney, Zoning Administrator or appropriate enforcement official may institute legal action in a court of competent jurisdiction to enforce the terms and conditions of this Ordinance, including, but not limited to: enforcement of a Cease & Desist Order as provided in Section 21-10 L) -Cease & Desist Order; assessment and collection of fines as provided in Section 21-10 (h) -Fines; or, the pursuit of injunctive and other equitable relief and remedies available under Indiana law. Ord. No.: 9495-04 Section 21-10 Enforcement (h) Fines Monetary fines for zoning violations shall be assessed as follows: (1) All Residential Districts. The monetary fine for the first citation for a zoning violation shall be not less than Fifty Dollars ($50.00). The following monetary fines shall apply for each subsequent citation: Second Citation Third Citation Minimum $100.00 Minimum $200.00 Each additional Not to exceed a $300.00 increase in the previously assessed monetary fine, to a maximum monetary fine for each citation not to exceed Two Thousand Five Hundred Dollars ($2,500.00). (2) Each day that a zoning violation remains uncorrected shall constitute a violation which may result in the issuance of a subsequent citation. All CommerciaUMixed Use Districts and All Industrial Districts. The monetary fine for the f rst citation for a zoning violation shall be not less than Fifty Dollars ($50.00). The following monetary fines shall apply for each subsequent citation: Second Citation Minimum $100.00 per day that the zoning violation remains uncorrected. Third Citation Minimum $200.00 per day that the zoning violation remains uncorrected. Additional Citations Not to exceed a $300.00 increase in the previously assessed monetary fine for each day that the zoning violation remains uncorrected, to a maximum monetary fine for each zoning violation not to exceed Two Thousand Five Hundred Dollars ($2,500.00) per day that the zoning violation remains uncorrected. Each day that a zoning violation remains uncorrected shall constitute a violation which may result in the issuance of a subsequent citation. Ord. No.: 9495-04 Section 21-10 Enforcement (3) All Wireless Telecommunications Facilities. Notwithstanding the provisions ofsub-Section 21-10 (h) (1) or (2), above, to the contrary, the monetary fine for the first citation for a zoning violation of Section 21-08.01 (d) (1) (G) or Section 21-08.01 (d) (1) (I) regarding signs or lights located on a Wireless Telecommunications Facility shall be one-hundred dollars ($100.00). The following monetary fines shall apply for each subsequent day that the zoning violation remains uncorrected: Second Day Minimum $100, not to exceed $150.00. Third Day Minimum $100, not to exceed $200.00. Fourth Day Minimum $100, not to exceed $250.00. Fifth Day Minimum $100, not to exceed $300.00. Additional Days Minimum $100, not to exceed an increase of $300.00 per day in the previously assessed monetary fine for each day that the zoning violation remains uncorrected, to a maximum monetary fine for each zoning violation not to exceed two- thousand five-hundred dollars ($2,500.00) per day that the zoning violation remains uncorrected. (4) All fines prescribed by this Section 21-10 (h) for zoning violations shall be paid as follows: (A) If enforcement action was initiated by the Building Department, all fines thus received shall be deposited with the applicable fund for fines of the Building Department. (B) If enforcement action is initiated by the Department of Code Enforcement, all fines thus received shall be deposited in same account as fines collected pursuant to Chapter 16, Article 8, Section 16-61 -Penalties of the South Bend Municipal Code. (C) The person making the payment shall receive a receipt stating the amount and purpose for which the fine has been paid, a duplicate of which shall be made a part of the records of the City of South Bend. Ord. No.: 9495.04 Section 21-10 Enforcement (5) If a person who receives a citation fails to: (A) pay the assessed fine within: i. in a Residential District, fourteen (14) days after the issuance of a citation; ii. in a Commercial /Mixed Use District or Industrial District, seven (7) days after the issuance of a citation; or, iii. for a Wireless Telecommunications Facility, five (5) days after the issuance of a citation or day upon which a fine has accrued; (B) file a petition as prescribed in Section 21-10 (g) (2) (A), above; or, (C) give notice of his intention to stand trial as prescribed in Section 21-10 (g) (2) (C), above, the South Bend City Attorney, Zoning Administrator or appropriate enforcement official may file a lawsuit as provided by applicable law to enforce the terms and provisions of this Ordinance. (6) Violations in a Planned Unit Development (PUD District). In the event of a citation for a zoning violation in a planned unit development district, fines shall be assessed based upon the use authorized for the property on which the violation has occurred. Any property approved for residential uses only shall be assessed as if the property was located in a residential district. Any property approved for commercial /mixed use development or industrial uses shall be assessed as if the property was located in a commercial /mixed use district or an industrial district. Any property used for a Wireless Telecommunications Facility shall be assessed as specified above for a Wireless Telecommunications Facility. (i) Additional Remedies. (1) Seeking a penalty as authorized in this Section does not preclude the designated enforcement entity from seeking alternative and additional relief from the Court in the same action, or from seeking injunctive relief or any other remedy in a separate action for the enforcement ofthis Ordinance available under applicable Indiana law. Ord. No.: 9495-04 Section 21-10 Enforcement (2) In the event that a violation of this Ordinance is determined to exist by a court of competent jurisdiction, the owner, tenant, or occupant of any Building or land or part thereof and any architect, builder, contractor, agent or other person who commits, participates in, assists, directs, creates, or maintains any situation that is in violation of the terms and provisions of this Ordinance shall be liable to the City of South Bend for the City's reasonable attorney fees in accordance with Indiana law. 10 Ord. No,: 9495-04 Section 21-11 Definitions ARTICLE 11 DEFINITIONS Section 21-11 DEFINITIONS. Section 21-11.01 Interpretation of Terms or Words The language of this Ordinance shall be interpreted in accordance with the following regulations: (a) The word "person" includes a firm, association, organization, partnership, trust, limited liability company, corporation, or other legal entity, as well as an individual; (b) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular, in each case, if the context so requires; (c) The word "shall" is mandatory, the word "may" is permissive; (d) The words "used" or "occupied" include the words "intended", "designed", "constructed", "altered", or "arranged" to be used or occupied; (e) The word "lot" includes the words "plot", "tract", or "parcel' ; and (f) Where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and", "or", or "either ... or", the conjunction shall be interpreted as follows: (g) "And" indicates that all the connected items, conditions, provisions or events shall apply. (h) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. (i) "Either ... or" indicates that all the connected items, conditions, provisions or events shall apply singly but not in combination. (j) The terms "more intense" and "less intense" are terms used herein to describe relationships between particular districts. This relationship is based upon the uses permitted within each district. A "more intense" district permits more uses or a greater density of uses than a "less intense" district. District intensity groupings progress from Agricultural, to Residential, to Commercial, to Industrial districts, in the sequence listed within each group of districts from least intense to the most intense. Ord. No.: 9495-04 Section 21-11 Definitions Section 21-11.02 Definitions The following terms or words used in the text of this Ordinance shall have the following meanings, unless a contrary meaning is: (i) required by the context of a particular sentence or phrase; or, (ii) specifically prescribed in a particular sentence or phrase: Abandoned: A condition that exists after a voluntary act or failure to act by the owner of a nonconforming use which evidences that the owner neither claims nor retains the right to exercise the nonconforming use. Access: The way in which vehicles ingress and egress a lot from a street fronting along said lot. Access Drive: That area within the right-of--way between the pavement edge or curb and the right-of--way line to provide ingress and egress to and from a lot. Accessory (Structure, Building or Use): A subordinate structure, building or use that is customarily associated with, and is appropriately and clearly incidental and subordinate in use, size, bulk, area and height to the primary structure, building, or use, and is located on the same lot as the primary building, structure, or use. Accessory Parking Lot: See Parking Lot, Accessory. Adult Cabaret: See Cabaret -Adult. Agricultural Use: An operation which consists of the following uses, individually or in combination: the production of livestock or livestock products, commercial aquaculture, equine or equine products, land designated as a conservation reserve plan, pastureland, poultry or poultry products, horticultural or nursery stock, fruit, vegetables, forage, grains, timber, trees, bees and apiary products, tobacco, or other agricultural crops; uses accessory to agricultural operations on the site; or, uses accessory to agricultural operations in the area. Agricultural Nonconforming Use: An agricultural use of land that is not permitted under this Ordinance, including any amendments hereto. Alley, Private: A private right-of--way for public use as a secondary means of public access to a lot otherwise abutting upon a public street or private street and not intended for traffic other than public services and circulation to and from said lot. Alley, Public: Any public right-of--way which has been dedicated or deeded to and accepted by the public for public use as a secondary means of public access to a lot otherwise abutting upon a public street and not intended for traffic other than public services and circulation to and from said lot. 2 Ord. No.: 9495-04 Section 21-11 Definitions Amusement Arcade: Any establishment which keeps, maintains or operates for hire on the premises four (4) or more amusement devices, including by way of example: automatic baseball court; shooting gallery; pinball machines; tenpin machines; and, electronic or video game machines. Amusement Center: Any establishment which keeps, maintains or operates for hire on the premises one (1) or more recreational devices, including by way of example: go-cart tracks, skateboard tracks, water slides, model caz or model railroad tracks, and the like. Antenna: Any structure or device designed and used to: (a) receive direct broadcast satellite service, including direct-to-home satellite services; (b) receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services; (c) receive television broadcast signals; or, (d) collect or radiate electromagnetic waves, including both directional antennas, such as panel antenna, and dish antenna, and omni-directional antennas, such as whip antennas, but no including satellite earth stations. Antenna Array: A structure attached to a telecommunications tower that supports a telecommunications antenna. Antenna, Dish: A dish shaped device which maybe free standing or mounted on a building or structure and is designed to receive direct broadcast satellite service. Antenna, Flagpole: A telecommunications tower designed to appeaz and function as a lazge diameter flagpole where panel antenna aze integrally designed into and located inside of a telecommunications tower and are not visible from the exterior. A flagpole antenna may or may not include flying of a flag. Flagpole antenna may be ground mounted or roof-mounted. Antenna, Non-Whip: An antenna which is not a whip antenna, such as dish antennas, panel antennas, etc. Antenna, Panel: A flat, rectangulaz antenna or antenna array designed to concentrate a radio signal in a particular area. Panel antenna are also known as directional antenna or sectored antenna. Ord. No.: 9495-04 Section 21-11 Definitions Antenna, Radio/Television: A wire or combination of wires and support structures designed for directly transmitting electric waves (broadcast radio or television) into space, or receiving them therefrom. Antenna, Slick: Panel antennas that aze mounted directly to tapering monopole telecommunications tower where the furthest point of the panel antenna is no greater than eighteen (18) inches from the exterior of the tapering monopole telecommunications tower. Antenna, Telecommunication: An antenna used to provide a telecommunications service. Antenna, Stealth: An antenna or antenna array placed on or in an existing or proposed building, structure, or telecommunications tower and designed or placed in a manner intended to disguise, hide, or minimize the appearance of such antenna or antenna array. A stealth antenna may or may not have a secondary function (e.g., bell tower, church steeple, spire, flagpole, clock tower, cupola, etc.). Stealth antenna may include, but are not limited to: (a) flagpole antenna; (b) slick antenna; or, (c) a surface-mount antenna with a color and appeazance that is compatible with or blends with the color and materials of the surface of the building or structure to which the surface-mount antenna is attached. Antenna, Whip: An omni-directional dipole antenna of cylindrical shape which is no more than six (6) inches in diameter. Approved Hotel: See Hotel, Approved. Area Plan Commission: The Area Plan Commission of St. Joseph County, Indiana, established pursuant to the Area Planning Law of the State of Indiana. Artificial Lake: Either: (a) an aztificially created body of water which is not required in connection with a storm water management system; or, (b} that portion of an artificially created body of water developed in connection with a storm water management system which exceeds the capacity required to manage the 100 yeaz storm event. Assembly (when used in reference to an industrial operation): The fitting together of previously manufactured parts or sub-assemblies, that do not require additional manufacturing or machining, into a finished item or unit. Associated Sphere of Influence: The area described as follows: Beginning at the point of intersection of the centerline of Jefferson Boulevazd and the center of the St. Joseph River; thence southeasterly along the center of the St. Joseph River to the centerline of Monroe Street extended; thence southwesterly along the centerline of Monroe Street and its extension to the centerline of Lincolnway East; thence southeasterly along the centerline of Lincolnway East to the extended centerline of the east-west alley between South and Bronson Streets; thence west along the centerline of said alley and its 4 Ord. No.: 9495-04 Section 21-11 Definitions extension to the north right-of--way line of said alley and its extension to the north right- of-way line of the Penn Central Railroad; thence west along saidright-of--way line to the extended centerline of the north-south alley located between Williams and Taylor Streets; thence north along the centerline of said alley and its extension to the centerline of Lincolnway West; thence northwesterly along the centerline of Lincolnway West to a point of intersection with the extended centerline of Taylor Street; thence northeasterly along the centerline of Taylor Street and its extension to a point of intersection with the extended centerline of the first north-south alley west of Portage Avenue; thence north along the centerline of said alley and its extension to the south line of Burrough's Sub Of B.O.L. 115; thence northeasterly along said south line to the east line of said sub.; thence north along said east line 7 feet to the centerline of the east-west alley; thence east along the centerline of said alley and its extension to the centerline of the north-south alley located between Niles Avenue and Hill Street; thence south along the centerline of said alley to the centerline of Jefferson Boulevard; thence west along the centerline of Jefferson Boulevard to the point of beginning. Authorized Agent: Any party duly authorized in writing by the Owner of a subject parcel to act on the Owner's behalf with respect to any development petition, including but not limited to a petition for: zone map change; platting of a subdivision; development plan approval; variance; or, vacation of land in a plat. Automobile Repair -Major: Servicing and repairs which include muffler repair or installation, brake repair or installation, shock replacement, transmission repair, tire recapping, motor overhaul, or body or fender repair work (not including the dismantling or wrecking of motor vehicles, or the storage of inoperable, damaged or wrecked vehicles, other than those awaiting immediate repair). Automobile Repair -Minor: Servicing and repairs limited to tune-ups, oil changes, sale and installation of lubricants, tires, batteries and other minor maintenance operations. Awning: A roof-like cover, often of fabric, metal, plastic, fiberglass or glass designed and intended for protection from the weather or as a decorative embellishment, and which is supported by and projects from a wall or roof of a building or structure over a window, door, sidewalk, walkway or the like. Banner: See Sign, Banner. Bar: Premises used primarily for: the sale or dispensing of liquor by the drink for on-site consumption; and, where packaged liquor maybe sold or food maybe available for consumption on the premises as accessory to the primary use. '-' Awning a~ c :a .' m Curb Sidewalk Awning Ord. No.: 9495-04 Section 21-11 Definitions Basement: That portion of a building with an interior vertical height clearance of not less than seventy-eight (?8) inches and having one-half or more of its interior vertical height clearance below grade level. Bed & Breakfast: The commercial leasing of bedroom(s) for guest(s) within a private, owner- occupied, single family dwelling unit or two family dwelling unit. Such leasing provides temporary accommodations, typically including a morning meal, to overnight guests for a fee. Such leasing may also provide for the temporary accommodation of daytime meetings or receptions for guests for a fee. Such leasing caters largely to tourists and the traveling public. Billiard Hall: See Pool Hall. Bingo: A game of chance as defined in IC 4-32-6-3, and all other games of chance regulated by IC 4-32-1. Block: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of--way, shorelines, or municipal boundary lines. Block Face: The frontage of a block, which may contain one or more lots, along one side of a public street or private street between intersections. Board of Zoning Appeals: The municipal Board of Zoning Appeals having jurisdiction over all real property with the City of South Bend, Indiana. Boarding House: A building or part of a building, other than hotels, motels, restaurants, Bed & Breakfast, or multifamily dwellings, containing accommodation Block & Block Face facilities in common where lodging, typically with meals reserved solely for the occupants thereof, is provided, whether or not for compensation. Bufferyard: See Residential Bufferyard. Bufferyard, Front: See Residential Bufferyard, Front. Bufferyard, Rear: See Residential Bufferyard, Rear. Bufferyard, Side: See Residential Bufferyard, Side. Ord. No.: 9495-04 Section 21-11 Definitions Buildable Area of a Lot Buildable Area: The area of a lot remaining after the minimum yard and lot area requirements of this Ordinance have been met and in which development may occur subject to compliance with all applicable development standards. Building: Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature. Building Commissioner: The duly appointed building commissioner for the City of South Bend, Indiana. Building Height: The vertical distance measured from the sa~~c average elevation of the proposed finished grade at the front of the building or structure to the highest point of the building Buildable Area (typically the roof) or structure, provided, however, appurtenances such as chimneys, spires, cupolas, steeples, antenna attached to a building or structure shall not be included in the calculation of building height. Building Line: Aline parallel to any front lot line, side lot line or rear lot line which passes through the nearest point of any building or structure. Building Line, Front: Aline parallel to any front lot line which passes through the nearest point of any building or structure and terminates at the point of contact with any side lot line. Building Line, Side: Aline parallel to any side lot line which passes through the nearest point of any building or structure and terminates at the point of contact with any front lot line or rear lot line. Building Line, Rear: Aline parallel to any rear lot line which passes through the nearest point of any building or structure and terminates at the point of contact with any side lot line. Building Material: Exterior surface materials, exclusive of materials used for: windows; doors; roofing; fascia; soffit; balconies; railings; handrails; stairs; foundations; vents; and, support beams or columns less than eighteen (18) inches in width. Building Permit: A permit issued by the City of South Bend in compliance with the terms and provisions of the City of South Bend Building Code. Bus: A motor vehicle designed for carrying more than ten (10) passengers, exclusive of the driver. Business: An enterprise involving selling, storing or processing goods or commodities or the rendering of services. Ord. No.: 9495-04 Section 21-11 Definitions Business Day - A day when the offices of the Area Plan Commission of St. Joseph County, Indiana, aze open to the public for the transaction of business for the entire period of its normal operating hours. Cabazet: A commercial establishment where persons congregate for the purpose of eating, drinking, dancing or singing and where live musical or live entertainment is provided. Cabazet, 21 & Over (a.k.a. Class A Cabazet): Any cabaret, not including an adult cabaret or a family cabaret, or family restaurant with lounge, which has on the premises an area where: (i) alcoholic beverages are sold, bartered, exchanged, given away or furnished; and, (ii) from which minors aze excluded pursuant to I.C. 7.1-5-7-9, 10 and 11. Cabaret, Adult (a.k.a. Class B Cabaret): See Section 8.02 (c) -Definitions for Adult Businesses. Cabaret, Family (a.k.a. Class C Cabaret): Any cabaret in which minors are not excluded pursuant to I.C. 7.1-5-7-9, 10, and 11, and which is not a 21 & over cabaret, an adult cabaret or a family restaurant with lounge. Caliper: The diameter of a tree trunk, measured in inches, at six (6) inches above the ground. Canopy: A roof-like cover, often of fabric, metal, plastic, fiberglass or glass on a support, which is supported in total or in part, from the ground and providing shelter over, for example, a doorway, outside walk, interior m' access drive or parking area. Canopy, Vehicular: A roofed, open, drive through structure designed to provide temporary shelter for vehicles and vehicle occupants while receiving a business service. Caze Giver: See Dwelling, Care Giver. Care Receiver: See Dwelling, Care Receiver. siaewaiK ~~Y 'b Carport: A roofed structure designed and intended to shelter the automotive vehicle of occupant or owner of the premises, with at least one (1) side open to the weather. Casino: A building, facility or room where any gambling games, not operated by a licensed qualified organization, are conducted. Ord. No.: 9495-04 Section 21-11 Definitions Certificate of Occupancy: A certificate issued by the Building Department authorizing an occupancy under the local building codes of the City of South Bend. Child Care: A service that provides for the care, health, safety and supervision of a child's social, emotional and educational growth. (For reference, see Indiana Code 12-7-2). Child Care Center: A building where at least seventeen (17) children receive Child Care from a provider: (a) while unattended by a parent, legal guardian, or custodian; (b) for regular compensation; and, (c) for more than four (4) hours but less than twenty-four (24) hours in each often (10) consecutive days per year, excluding intervening Saturdays, Sundays, and holidays. This term also applies to a building where child care is provided to less than seventeen (17) children if the provider has applied for a license under IC 12-17.2-4 and meets the requirements under IC 12-17.2-4. (For reference see Indiana Code 12-7-2.) Child Care Home: A residential structure in which at least six (6) children (not including the children for whom the provider is a parent, stepparent, guardian, custodian, or other relative) at any time receive child care from a provider: (a) while unattended by a parent, legal guardian, or custodian; (b) for regular compensation; and, (c) for more than four (4) hours but less than twenty-four (24) hours in each often (10) consecutive days per year, excluding intervening Saturdays, Sundays, and holidays. This term includes a Class I Child Care Home (that serves any combination of full-time and part-time children, not to exceed twelve (12) at any one (1) time) and a Class II Child Care Home (that serves more than twelve (12) children but no more than any combination of sixteen (16) full-time and part-time children at any one (1) time). (For reference see Indiana Code 12-7-2.) Child Care Ministry: A child care center operated by and in connection with a religious use that is recognized as a religious organization exempt from federal income taxation under Section 501 of the Internal Revenue Code. (For reference see Indiana Code 12-7-2.) Child Caring Institution: (a) A residential facility: (1) that provides Child Care on a twenty-four (24) hour basis for more than ten (10) children; or Ord. No.: 9495-04 Section 21-11 Defnitions (2) with a capacity of not more than ten (10) children that does not meet the residential Structure requirements of a Group Home; or (b) An institution that: (1) operates under a license issued under IC12-17.4; (2) provides for delivery of mental health services that are appropriate to the needs of the individual; and, (3) complies with the rules adopted under IC4-22-2 by the Division of Family and Children. For reference see Indiana Code 12-7-2.) City Engineer: The City Engineer of the City of South Bend, Indiana. Class A Cabaret: See Cabaret - 21 and Over. Class B Cabaret: See Cabaret -Adult. Class C Cabaret: See Cabaret -Family. Club: An association or corporation: (a) Organized, in good faith, under authority of law; (b) Maintaining, in good faith, a membership roll of paid-up membership (c) Owning, leasing or occupying an establishment operated solely for objects of a nation, social, patriotic, religious, political, or athletic nature, or the like; (d) Not operated for pecuniary gain; (e) With property and advantages of the organization belonging to its members; (f) Where the sale or provision of alcoholic beverages, if undertaken, is done pursuant to a Club Permit issued by the Indiana Alcoholic Beverage Commission. Co-Location: The placement of two or more antenna or antenna arrays by telecommunication service providers on a common support structure. Commitment: A legally binding, written restriction on the use and development of real estate entered into in connection with a petition for: zoning map change; development plan approval; special exception; or, variance. Comprehensive Plan: The Comprehensive Plan for the City of South Bend or any supplemental or replacement comprehensive plan subsequently recommended by the Area Plan 10 Ord. No.: 9495-04 Section 21-11 Definitions Commission and adopted by the City of South Bend Common Council pursuant to Indiana law. Concept Plan: An informal site plan of a proposed subdivision, project, planned unit development or other development intended to convey the scope, content and nature of a proposed development, but lacking sufficient detail to determine compliance with Ordinance requirements. Concept Plan Review: A cursory review of a concept plan or sketch plan for a proposed subdivision, project, planned unit development or other development in which staff provides initial review comments to a prospective petitioner on the design and layout of a proposed subdivision, project, planned unit development or other development. Condominium: A building, group of buildings, or portion thereof, in which units are owned individually, and the structure, common areas, or facilities are owned by all the owners on a proportional, undivided basis. Conforming: The state of being in compliance with the permitted use or development standards regulations of the district to which the real estate is zoned pursuant to this Ordinance. Controlled Use: Any of the following uses: (a) Adult Business; (b} Amusement Arcade; (c) Any establishment for the sale of beer or intoxicating liquor for consumption on the premises (e.g., bar, tavern, nightclub), except a family restaurant. (d} Pawnshop; (e) Pool hall or billiard hall; (f) Public dance hall; (g) Off-track pari-mutuel wagering facility; (h) Casinos, approved hotels and other areas where gambling games are conducted; (i) Tattoo, body piercing and scarifying and branding establishments; or, (j) Gun shop or Gunsmith Shop. Cottage Business /Residential: A business operated out of the same building or tenant space as the primary dwelling unit of the proprietor when located in a district which permits such mixed-use occupancy. 11 Ord. No.: 9495-04 Section 21-11 Definitions Cottage School: A private school which: (a) provides educational services for a maximum of six (6) children at a time; (b) is operated in a residential property; and, (c) provides educational instruction for students between and including grades K -12. Country Club: Land area and buildings containing golf courses, recreational facilities, clubhouse, and customary accessory uses, open only to members and their guests. Cutoff: A luminaire where light distribution does not exceed: (a) 2.5 percent above an angle of 90 degrees; and, (b) 10 percent at an angle between 80 degrees and 90 degrees. Cutoff, Full: A luminaire equipped with a light fixture (i.e., lamp, lens, reflective surface, etc.) that does not protrude below the bottom edge of the light fixture and is designed so that: (a) no light is emitted above an angle of 90 degrees; and, (b) light distribution does not exceed 10 percent at an angle between 80 degrees and 90 degrees. Cutoff, Non: A luminaire where light distribution is unrestricted. Cutoff, Semi: A luminaire where light distribution does not exceed: (a) 5.0 percent above an angle of 90 degrees; and, (b) 20 percent at an angle between 80 degrees and 90 degrees. Deck: Aground-supported, unenclosed, platform accessory structure, usually constructed of wood, of which any permanent horizontal area(s) of the platform is raised above grade level and is designed and intended for the recreational enjoyment of the occupant(s) and guest(s) of the primary use or structure. Density, Gross: A unit of measurement which represents the number of units per acre of land on the aggregate total land to be developed, provided, however, the aggregate total land to be developed shall specifically exclude any portion of such land: (a) located in the right-of--way of a perimeter street; (b) located within a floodway; or, (c) required for storm water management. Detailed Terms: The uses and development standards specified in a PUD District Ordinance with sufficient infonmation from which to determine if an improvement location permit application is in compliance with the use, area and bulk regulations specified in the PUD District Ordinance. Specific information including, but not be limited to: permitted uses; gross density; frontage; setbacks; minimum yards; use of yards; building height; parking area requirements; loading area requirements; landscaping requirements; signs; open space; building design and appearance requirements; and the like, is provided. 12 Ord. No.: 9495-04 Section 21-11 Definitions Developed Recreational Open Space: The total horizontal area of those portions of a lot which are located outside of any required yard and which are set aside and developed for the recreational use and enjoyment of all residents of a project. Development Incentive: The manner and extent to which development requirements or development standards established by this Ordinance may be modified or waived in connection with the approval of a development plan. Development Petition: Any petition or review process required by this Ordinance prior to the issuance of a improvement location permit, including but not limited to petitions for: zone map changes; variances; special exception uses; primary plats; secondary plats; re-plats; vacations; or, development plans. Development Plan: Specific plans development of property filed in connection with development incentives review under the terms of this Ordinance. A development plan may include, but not be limited to: a site plan; landscape plan; signs; lighting plans; building elevations; and pedestrian and vehicular circulation plans, which are reasonably necessary to depict or describe certain information and data as required by this Ordinance. Development Requirements: Permitted uses, development standards and any additional requirement specified in this Ordinance which must be satisfied in connection with the approval of a development plan. Development Standards: Area, bulk, height, setback, parking, loading, landscaping, lighting, performance standards, building materials, pedestrian and vehicular circulation, and other applicable regulations of a district contained in the Ordinance which govern the physical development of real estate. Director: See Executive Director. District: Any zoning district or overlay district applicable to a section of the territory within the jurisdiction of this Ordinance. District, Zoning: A section of the territory within the jurisdiction of this Ordinance for which uniform regulations over the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land, including, but not limited to: permitted uses; height; area; size; and, intensity of use of buildings, structures, land, and open spaces about buildings or structures, are established by this Ordinance. District, Overlay: A section of the territory within the jurisdiction of this Ordinance in which additional requirements are imposed on certain properties within one or more underlying zoning district. 13 Ord. No.: 9495-04 Section 21-11 Definitions Drainage Pond: An artificially created body of water which is required in connection with a storm water management system. Drive, Interior Access: ,Away for internal vehicular movement in and around an individual lot or integrated center. Drive-Through Facility: A feature of an establishment which typically includes an opening in the exterior of the building, or the use of pneumatic dispatch or similar devices, which encourage or permit customers to receive goods or services while remaining in or on a motor vehicle. Driveway: Access for vehicular egress/ingress between the right-of--way of a public street or private street and the minimum required setback line on a lot. Driveway, Interior Access: A way for vehicular egress/ingress between the minimum required setback lines of separate lots or between lots within the boundaries of an integrated center. Dwelling: Any building, or portion of a building, which is designed or used primarily for residential purposes, including a single family dwelling, two family dwelling and multifamily dwelling but not including hotels, motels, boarding houses, lodging houses, and, bed & breakfast. Dwelling, Accessory: A dwelling unit which is subordinate and incidental to the primary use of a lot for a single family dwelling. Interior ~ Access ~ Driveway o a m <- ~ L 0 I .. c I Driveway Stem . m J 0 J L_ Driveway I I I Parking Area Parking Space I Parking Area I I c J O J .. _~ Promo osed W W_ _ . .1- Existing R/YV _ . Drives & Related Areas Dwelling, Care Giver: A second dwelling unit located on a lot in a Residential District which permits only one (1) single family dwelling as a matter of right and which is: (1) occupied by a family who provides weekly assistance to the family residing in the permitted single family dwelling; and, (2) approved by the Board of Zoning Appeals through the grant of a special exception. 14 Ord. No.: 9495-04 Section 21-11 Definitions Dwelling, Care Receiver: A second dwelling unit located on a lot in a Residential District which permits only one (1) single family dwelling as a matter of right and which is: (1) occupied by a family who receives weekly assistance from the family residing in the permitted single family dwelling; and, (2) approved by the Board of Zoning Appeals through the grant of a special exception. Dwelling, Manufactured Home: A dwelling unit which is fabricated in one or more modules at a location other than the home site, by assembly-line type production techniques or by other construction methods unique to an off-site manufacturing process. Dwelling, Mobile: A movable or portable dwelling unit that: (a) is fabricated in one or more modules at a location other than the home site, by assembly-line type production techniques or by other construction methods unique to an off-site manufacturing process; (b) is designed for occupancy by one family; (c) is erected or located as specified by the City of South Bend Building Code; and, (d) was either: (1) constructed prior to June 15, 1976; or, (2) constructed subsequent to or on June 15, 1976 and bears a seal, certifying that it was built in compliance with the Federal Mobile Home Construction and Safety Standards law. Dwelling, Modular Home: A dwelling unit which is fabricated in one or more modules at a location other than the home site by assembly-line type production techniques or by other construction methods unique to an off-site manufacturing process, provided that the dwelling unit must have been built in compliance with the lndiana One and Two-Family Dwelling Code and the City of South Bend Building Code. Dwelling, Multifamily: A building consisting of three (3) or more dwelling units, including condominiums, with varying arrangements of entrances and party walls. 15 Ord. No.: 9495-04 Section 21-11 Definitions Dwelling, Single Family: An individual, detached building containing one (1) dwelling unit which is either: (a) built in compliance with the Indiana One and Two-Family Dwelling Code and the City of South Bend Building Code; (b) a modular dwelling; or, (c) a manufactured home dwelling. Dwelling, Two Family: A building consisting of two (2) dwelling units which maybe either attached side by side or one above the other, and each dwelling unit having a separate or combined entrance. Dwelling Unit: A room or group of rooms designed and equipped exclusively for use as living quarters for only one (1) family and its household employees, including provisions for sleeping, lawful cooking, and sanitary facilities. The term shall include mobile dwellings, modular dwellings and manufactured dwellings but shall not include recreational vehicles. EIA-222: Electronics Industries Association Standazd 222, "Structural Standards for Steel Antenna Towers and Antenna Support Structures". Escort: A person who, for consideration, agrees or offers to act as a date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. Escort Agency: A person or business who furnishes, offers to furnish, or advertises to furnish escorts as a primary business purpose for a fee, tip or other compensation. Executive Director: The Executive Director of the Area Plan Commission of St. Joseph County, Indiana, or the designee of the Executive Director of the Area Plan Commission of St. Joseph County, Indiana. Electronic Variable Message Sign (EVMS): See Sign, Electronic Variable Message. Facade: That portion of any exterior elevation of a building, extended from grade to the top of the parapet wall or eaves, and extending the entire width of the building elevation. Facade, Front: The facade of a building which is oriented towazd a front lot line of the lot on which the building is located. Facade, Rear: The facade of a building oriented towazd a rear lot line of a lot on which the building is located. 16 Ord. No.: 9495-04 Section 21-11 Definitions Facade, Side: The facade of a building oriented toward a side lot line of a lot on which the building is located. Family: One (1) or more persons related by blood, legal adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants; or, a number of persons, but not exceeding two (2) persons who are not related by blood, legal adoption or marriage, living and cooking together as a single housekeeping unit, shall be deemed to constitute a family. A person or persons residing with a family as hereinabove defined by reasons of placement by a publicly licensed placement agency shall be considered as members of that family. Family Restaurant: See Restaurant, Family. Family Restaurant with Lounge: See Restaurant, Family, with Lounge. Flag: See Sign, Flag. Floor Area: For single family dwellings and two family dwellings, the sum of all horizontal surface areas of all floors of all roofed portions of a building enclosed by and within the surrounding exterior walls or roofs, or the centerline(s) of party walls separating such buildings or portions thereof. The floor area of such a building shall exclude all areas with a vertical height clearance less than seventy-eight (78) inches, exterior open balconies, and open porches. For multifamily dwellings, the sum of all horizontal surface areas of all floors of all roofed portions of all buildings enclosed by and within the surrounding exterior walls or roofs, or the centerline(s) of party walls separating such buildings or portions thereof. However, the floor area of such a building shall not include the following: (a) all areas with a vertical height clearance less than seventy-eight (78) inches; (b) all exterior open balconies, and open porches; (c) floor area or basement floor area devoted to off-street parking or off-street loading, including aisles, ramps and maneuvering space; (d) floor area or basement floor area provided for recreational uses, available to occupants of two or more dwelling units within a project; or, (e) basement floor area provided for storage facilities, allocated to serve individual dwelling units with a project. 17 Ord. No.: 9495-04 Section 21-11 Definitions Floor Area, Finished: That portion of floor area constructed, completed and usable for living purposes with normal living facilities which includes sleeping, dining, cooking, sanitary, or combination thereof. A floor area or portion thereof used only for storage purposes and not equipped with the facilities mentioned above shall not be considered finished floor area. Floor Area, Gross: For dwelling units, the total azea, computed on a horizontal plane inclusive of finished basements, attached garages, entrances, hallways, stairways and other enclosed azeas, but exclusive of unfinished basements, cellars and attics. For commercial or industrial buildings or structures, the sum of all horizontal surface areas of all floors of a building or structure measured from the exterior faces of the exterior walls or from the center line of walls sepazating abutting buildings or structures. Floor Area, Gross Leasable: That portion of the grass floor area which is designated for the exclusive use and occupancy of a tenant. Floor Area, Main: That portion of the finished floor area located on the first floor of the dwelling unit. Foundation Landscaping: Landscaping installed along or in relation to the perimeter foundation of a building or structure. Foundation Landscaping Area: The area along or in proximity to the perimeter foundation of a building or structure which is required to be set aside for the installation of foundation landscaping. Fraternity House: A building containing sleeping rooms, bathrooms, common rooms and a central kitchen and dining room maintained exclusively for fraternity members and their guests or visitors and affiliated with an instruction of higher learning. Front Facade: See Facade, Front. Frontage: The line of contact of an abutting property with the street right-of--way along a front lot line which allows unobstructed, direct access to the lot. Frontage Street or Frontage Road: See Street, Frontage. Full Cutoff: See Cutoff, Full. Gambling Game: Any of the activities governed by the Indiana Gaming Commission as a wagering device set forth in Indiana Code § 4-33-2-9, as it may be amended from time to time. 18 Ord. No.: 9495-04 Section 21-11 Definitions Game Court: In residential districts, a type of recreation facility which consists of an unpaved or paved, accessory, surface area of ground open and essentially unobstructed to the sky, on the same lot as the primary building, designed and intended for the playing of a recognized sport as an accessory, recreational activity by the occupants and guests of the primary building, which may include fencing, screening, nets, goals, or other necessary appurtenances required for recreational use. Garage: An accessory building to a residential use, or an enclosed area attached to or integrated into a residential building, which is primarily designed and intended to be used for the storage of the private vehicle(s) for the occupant(s) of said residence and is not a separate commercial enterprise available to the general public. Garage, Parking: Any building or structure designed and intended for the storage of motor vehicles for compensation. Garage Sale: A public or private sale conducted by the owner or occupier of a premises of six or more items of personal property owned by the owner or occupier of the premises, which personal property was not acquired by the owner or occupier for the purpose of resale. Gasoline Service Station: Any building, land area or other premises or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels, which may include as an accessory use: minor automotive repairs; the sale and installation of lubricants, tires, or batteries; car washes; and, similar uses. Such establishments shall provide a facility where gasoline and other motor fuels are stored and subsequently dispensed by means of fixed, approved dispensing equipment by customers or employees. General Terms: The uses and development standards expressed in a PUD District Ordinance (such as designations of areas in terms of: units per acre; multifamily; retail; office; and the like) which do not provide sufficient information from which to be able to determine if an improvement location permit application for a particular development is in compliance with the use, area and bulk regulations for the PUD District Ordinance. Detailed information regarding: permitted uses; gross density; frontage; setbacks; minimum yards; use of yards; building height; parking requirements; loading requirements; landscaping requirements; sign information; open space; building design and appearance requirements; and the like, are not specified. Glare: The harsh appearance of a direct source of light as discernible from adjacent properties and which causes annoyance, discomfort or loss of visual performance and visibility. Golf Course: A tract of land laid out for at least nine (9) holes for playing the game of golf and improved with tees, greens, fairways and hazards, and may include a clubhouse and shelter. See also: Country Club. 19 Ord. No.: 9495-04 Section 21-11 Definitions Grade: The average level of the finished surface of the ground five (5) feet from the building, structure or proposed building pad; provided, however, when referring to "street grade" the term "grade" shall mean the slope of a street specified in percentage (%) terms. Greenbelt: An open space along the perimeter of a development, subdivision or project which is maintained in its natural vegetative state and which, at a minimum, contains sufficient vegetation to meet or exceed perimeter landscape yazd requirements. Greenway: A greenway may include any of the following: (i) a linear open space established along either a natural corridor (i.e., a riverfront, stream valley or ridge line) or over land (i.e., along a railroad right-of--way, a canal, a scenic road or other route) converted to or available for recreational use; (ii) any natural or landscaped course for pedestrian or bicycle passage; or, (iii) an open space connector linking parks, natural features, cultural features, or historic sites with each other or with residential, employment or shopping azeas, which aze designated on an officially adopted plan of the City of South Bend or St. Joseph County. Group Home: A residential facility licensed by the Community Residential Facilities Council, or its successor in authority, and authorized by I.C. 12-17.4-5 in which Gaze is provided on a twenty-four (24) hour basis for not more than ten (10) children in need of services or who have committed a delinquent act. Group Residences: A residential facility which, in addition to providing food and shelter, may also provide some combination of personal caze, social services, counseling services or transportation to residents. Group residences would include halfway houses, work release houses or any other similaz form of residential facility for individuals which do not qualify as a family or any other form of residential facility expressly provided for in this Ordinance. Gun and Gunsmith Shops: Any location where firearms or ammunition are being sold or repaired as the primary business items. Half Story: See Story, Half. Hedge Plant: A woody plant of relatively low height (not exceeding ten to twelve (10-12) feet in height), branching from the base. Historic Landmark: A building, structure, object, district, land use, azea or site of historical significance and designated as an historic landmazk on the Historic Preservation Plan. Historic Preservation: The research protection, maintenance, restoration, rehabilitation, reconstruction or development of historic landmarks and Historic Preservation Districts. For the purposes of this Chapter, this definition shall apply to the preservation of exterior features only. 20 Ord. No.: 9495-04 Section 21-11 Definitions Historic Preservation Commission: The Historic Preservation Commission established under the provisions of this Chapter. Historic Preservation District: A geographically definable area with a significant consideration of buildings, structures, sites, spaces, or objects unified by past events, physical development, design, setting, materials, workmanship, a sense of cohesiveness, or related historic association and designated as an historic preservation district on the Historic Preservation Plan. Home Occupation: An occupation or business activity carried on within a legally established dwelling unit by a resident of said dwelling. Hotel: Any building or group of buildings containing five (5) or more rooms without direct entrance to or from the outside, designed or intended to be occupied for sleeping purposes by guests for a fee, often with general kitchen and dining room facilities provided within the building or an accessory building, and which caters to the traveling public. Hotel, Approved: A hotel where gambling maybe conducted, and contains: at least two- hundred and fifty (250) rooms, or a lesser number established by the Indiana Gaming Commission; an indoor public space used for exhibit space; meeting rooms; banquet rooms; restaurants; lobbies; lounges or bars; show theaters; parking areas; and shops. This definition shall also include the definition of "approved hotel" contained in IC 4-33- 2-3, assuch definition maybe amended from time to time. Improvement: Any man-made, immovable item which becomes part of, placed upon, or is affixed to real estate. Improvement Location Permit: A permit stating that the proposed erection, construction, enlargement or moving of a building or structure, and uses thereof, complies with the provisions of this Ordinance, or a building permit which includes a site plan review or which authorizes the proposed erection, construction, enlargement or movement of any sign. Incidental: A minor occurrence or condition which is customarily associated with a permitted use and is likely to ensue from normal operations. Interior Yard: See Yard, Interior. 21 Ord. No.: 9495-04 Section 21-11 Definitions Integrated Center: An area of development (commercial /mixed use, industrial, or any combination of commercial /mixed use, industrial and residential uses) of one or more lots or out lots, comprised of: (a) two or more individual, non-related and separately operated uses in one building sharing common site facilities; (b) one or more buildings containing non-related and separately operated uses occupying a common site, which utilizes one or a combination of common site facilities, such as driveways, parking areas, loading areas, interior access drives, maintenance and similar common services; or, (c) one or more buildings containing non-related and separately operated uses occupying individual sites, which are interrelated by the utilization of one or a combination of common facilities, such as driveways, internal public street or private street network developed in accordance with an approved master plan or preliminary plan of a subdivision, parking areas, loading areas, maintenance or other services. Industrial Park: An integrated center zoned for and primarily used by industrial businesses. See Integrated Center. Junk Yard: Any place at which personal property: (a) is or may be salvaged for reuse, resale, or reduction or similar disposition; (b) is owned, possessed, collected, accumulated, dismantled, or assorted (including but not limited to: used or salvaged base metal or metals, their compounds or combinations; used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property except animal matter; and, used motor vehicles, machinery or equipment which does not carry a current, valid license); or, (c) is used, owned or possessed for the purpose of wrecking or salvaging parts therefrom. Lawful Cooking - A room or area in which food may be prepared and cooked and which contains the following: (a) A kitchen sink in good working condition and properly connected to an approved water supply and approved sewer/septic system. The sink must provide an adequate amount of water under pressure, both unheated and heated to no more than 120 degrees Fahrenheit; 22 Ord. No.: 9495-04 Section 21-11 Definitions (b) Cabinets, shelves, counters or tables used for storage of food, eating, drinking or cooking equipment and utensils shall be of sound condition furnished with surfaces that are easily cleanable and that will not impart any harmful effect to food; and, (c) A stove, oven or microwave oven for cooking food and a refrigerator for safe storage of food at temperatures less than 45 degrees Fahrenheit. These appliances shall be properly installed with all necessary connections for safe, sanitary and efficient operation and shall be maintained in good working condition. Legally Established: The condition of being in compliance with all applicable development regulations at the time of recording, construction or erection of a lot, building, structure, use or sign. Legally Established Nonconforming: See Nonconforming Building or Structure, Legally Established or Nonconforming Uses, Legally Established. Limited Access Highway: See Street, Limited Access Highway. Liquor Store: A retail establishment whose primary business, in terms of gross floor area or sales, is related to the sale of alcoholic beverages. A grocery store or drug store which sells alcoholic beverages, but whose sales of such beverages is incidental to the overall gross floor area or sales receipts of the business, shall not be considered a liquor store. Loading Area: Any area maintained and intended for the maneuvering and temporary parking of vehicles while transferring goods or materials to and from a facility. Loading area includes the loading space and maneuvering area required to enter the loading space. Loading, Off-Street: A loading area located completely on a lot and accessed via interior access drives, interior access driveways, access drives, or driveways in which no individual loading spaces gain direct access to a public street or private street. Loading Space: Ahard-surfaced, off-street area used for the temporary parking of a commercial vehicle while transferring goods or materials to and from a facility. Lot: Apiece, parcel, plot or tract of land designated by its owner or developer to be used, developed or built upon as a unit under single ownership or control and may consist of: (a) a single lot of record; or, (b) a combination of complete lots of record. For purpose of this definition, the ownership of a lot is further defined to include: 23 Ord. No.: 9495-04 Section 21-11 Definitions (a) the person(s) who holds either fee simple title to the property or is a life tenant as disclosed in the records of the township assessor; or, (b) along-term lessee (but only if the lease is recorded among the records of the St. Joseph County Recorder and has a term (exclusive ofnon-exercised extensions and renewals) of at least twenty-five (25) years remaining before its expiration at the time of applying for a permit). Provided, however, for the purposes of the Subdivision Control Ordinance, the term Lot shall mean that portion of a Subdivision which is proposed to be recorded in the office of the St. Joseph County Recorder as a Lot of Record. Lot Area: The total area of a lot bounded on all sides by any front lot line, rear lot line, and side lot line, provided, however, lot area shall not include: any area lying within the right-of- way ofany public street or private street or easement for surface access into the subject lot or adjoining lots; or, land reserved for drainage pond, wetland or lands subject to periodic flooding. No part of the minimum lot area required under the applicable district, commitment, variance grant or development plan approval maybe satisfied by land that is under water. Lot, Corner: A lot abutting two (2) or more streets at their intersections, or upon two parts of the same street forming an interior angle of less than one-hundred and thirty-five (135) degrees. Rear Lot Llne Fioodway (not Included) ~ Rear Lot Line Side Lot Line _ / /'. ~RearpLot Line m /' c ~ J m ~ J m m O i v ~' o ~ Slde Lot Line N Minimum ~ '' Required m SldeLotLine ~~ •• Midpoint or Lot Area ) _ ' Front Lot Line + Front Lot Line Minimum Front i Yard and Building Setback Line Frontage Street Lot Line Lot Depth & Lot Width STREET Lot Area 24 Ord. No.: 9495-04 Section 21-11 Definitions Lot Coverage: The total ground area within the lot or project covered by the primary structure plus any accessory structures (including decks over 30" above grade, above-ground pools, in-ground pools, garages, carports, storage sheds, or any under roof areas), excluding driveways, walkways, fences, grade level decks and patios, and walls not attached in any way to a roof. Lot Depth: The distance from the midpoint of the front lot line to the midpoint of the rear lot line. Lot, Double Frontage: A lot abutting two (2) parallel streets, or abutting two (2) streets which do not intersect at the boundaries of the lot. Lot, Interior: A lot which is not a corner lot or a double frontage lot. Lot Line: The line of separation of a lot from any abutting street or adjoining lot. Street Corner Corner Lot Lot Interior m Interior Lot N Lot N Interior Interior Lot Lot >135° Double Frontage Lot street Types of Lots Lot Line, Front: The lot line separating a lot from any abutting street or limited access highway. Lot Line, Rear: A lot line which is opposite and most distant from the front lot line, or in the case of a triangularly shaped lot, a line ten (10) feet in length within the lot, parallel to and at the maximum distance from the front lot line. However, in the case of a corner lot, any lot line which intersects with a front lot line shall not be considered a rear lot line. Lot Line, Side: Any lot line not designated as a front lot line or rear lot line. Lot of Record: A lot which is part of a final plat recorded in the Office of the Recorder of St. Joseph County, Indiana, or for which a deed has been so recorded. ~~ ~Z Street Centerline Lot Lines Lot Width: The full width of a lot measured along the minimum front yard and minimum building setback line required by this Ordinance. Street Corner Corner Lot Lot Double Frontage Lot Interior Interior Lot Lot Interior Interior Lot Lot Corner Lot s~set <735° 25 Ord. No.: 9495-04 Section 21-11 Definitions Luminaires A complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute light on any property, to position and protect the lamps and to connect the lamps to the power supply. Luminous Tube Lighting: Gas-filled tubing which, when subjected to high voltage, becomes luminescent in a color characteristic of the particular gas used, e.g. neon, argon, etc. Manufacture: The mechanical or chemical transformation of materials or substances into new products or into a useable form. Manufacture may include the creation of products (including subsequent assembly of previously manufactured parts), or the blending of materials such as lubricating oils, plastics, resins or liquors. Manufactured Home Dwelling: See Dwelling, Manufactured Home. Manufacturing Retailer: A food sales and service establishment which where food or beverage products are produced in a limited quantity (not industrial manufacturing) sufficient to support on-site sales as a primary or accessory portion of the on-site business. Examples include confectioners, bakeries and brew pubs. Massage: The manipulation of body muscle or tissue by rubbing, stroking, kneading or tapping by hand or mechanical device. Massage Business: Any establishment or business wherein massage is practiced, including message therapy by a licensed health professional and establishments commonly known as health clubs, physical culture studios, massage studios, or massage parlors. Any massage business which involves any specifted anatomical areas or any specified sexual activities shall be deemed an adult business. Master Plan: A drawing, map, plan or other graphic representation of an overall project, drawn to an appropriate scale by hand or other drawing method, but containing sufficient detail to depict the patterns proposed for an overall project and to determine general compliance with the use and development standards provisions of this Ordinance. Maximum Building Height: The height which a building or structure may not exceed. See also Building Height. Ord. No.: 9495-04 76' Maximum Height 55' Maximum Psrrnittsd - a5' - ao' 35' Single Famiy Dwelling ~. ~_ ~. Residential Lot 35'~ ~~ District Line OR DlsMct Office Building Maximum Building Height Calculation 26 Section 21-11 Definitions Minor: A person less than twenty-one (21) years of age. Mobile Dwelling: See Dwelling, Mobile. Motel: Any building or group of buildings containing five (5) or more rooms with at least twenty-five percent (25%) of all rooms having direct entrance to and from the outside without the necessity of passing through the main lobby of the building(s), designed and intended to be occupied for sleeping purposes by guests for a fee, where general kitchen and dining room facilities may be provided within the building or an accessory building, and which caters to the traveling public. Neighborhood Development Committee: An advisory committee to the Historic Preservation Commission established under the provisions of this Chapter. Neighborhood Partnership Center: A facility which, under contract with the City of South Bend and neighborhood in which it is located, operates to encourage neighborhood communication, outreach and neighborhood based service provision in connection with a small area physical revitalization component. Typically, a Neighborhood Partnership Center is located in a single family dwelling or two family dwelling which has been renovated and, once the Neighborhood Partnership Center has completed its purpose, sells the house for use as a single family dwelling or two family dwelling. Neighborhood Recycling Collection Point: A site where individuals bring household recyclable materials to either drop off without compensation, or, to redeem the materials for monetary compensation. Beyond any limited sorting, no other processing of the materials takes place at the site. All materials are stored completely within the structure while awaiting periodic shipment to the processing facilities. While these collection points maybe developed as freestanding sites, they typically are accessory uses sharing the site of a larger primary use. Possible structures for this type of operation include such recycling containers as "igloos", reverse vending machines, trailers, or similar structures. Nightclub: An establishment: offering liquor by the drink or food for on-site consumption; and, in which music, dancing or entertainment is conducted. Non Cutoff: See Cutoff, Non. Non-Whip Antenna: See Antenna, Non-Whip. Nonconforming: The state of not being in compliance with the permitted use or development standards regulations of the district to which the real estate is zoned pursuant to this Ordinance. 27 Ord. No.: 9495-04 Section 21-11 Definitions Nonconforming Building or Structure: Any building or structure erected or constructed but which fails to conform to the present requirements of the district. Nonconforming Building or Structure, Legally Established: Any continuous, lawfully established building or structure erected or constructed: (a) prior to the time of adoption, revision or amendment of this Ordinance but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the district; (b) pursuant to a granted variance; or, (c) prior to aright-of--way acquisition or access rights acquisition by a governmental entity but which fails by reason of such right-of--way acquisition or access rights acquisition by a governmental entity to conform to the present requirements of the district. Nonconforming Use: Any land use which fails to conform to the present requirements of the district. Nonconforming Use, Legally Established: Any continuous, lawful land use having commenced: (a) prior to the time of adoption, revision or amendment of this Ordinance but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the district; or (b) pursuant to a granted variance. Occupancy: The use to which a building or premises is devoted. Off-Street: An area, typically set aside for parking or loading, which is located on private property and does not occur in the right-of--way of any public street or private street. On-Street: An area, typically set aside for parking or loading, which is located within the right- of-way of any public street or private street. Open Space: A lot, a portion of a lot or common area set aside as a playground, plaza, park, parkway, greenbett, residential bufferyard or other landscape area and maintained free from buildings or structures, except for those structures which are directly related to and essential to the use of the open space for recreational purposes, including, but not limited to swimming pools, play equipment for youngsters, game courts and picnic tables. In the case of individual residential lots, open space shall be an area landscaped with grass, trees, shrubbery or other suitable vegetative ground cover and maintained free from buildings or structures. Out Lot: That portion of land in a integrated center, industrial park or other planned development which does not contain the central or primary building of the development and is: (a) usually located adjacent to a street or frontage street; and, (b) is intended for the development of a smaller, additional and separate building or buildings. In an integrated center or industrial park where there is no clearly identifiable central or primary building of the development, or where individual lots are developed independently of each other, each lot shall be considered an out lot. Provided, however, 28 Ord. No.: 9495-04 Section 21-11 Definitions for the purposes of the Subdivision Control Ordinance, the term out lot shall mean anon- buildableportion of a Subdivision. Outdoor Display Area: That part of lot used for the display of merchandise or goods available for purchase or lease from the business located on that lot. Outdoor Light Fixture: Any outdoor electrically powered illuminating devices, outdoor light or reflective or refractive surfaces, lamps and similar devices including all parts used to distribute the light or protect the lamp, permanently installed or portable, used for flood lighting, general illumination or location identification. Outdoor Storage: See Storage, Outdoor. Park: An open space designed and used by the public for passive or active recreational use. Park, Active: An open space improved with active recreational facilities, including but not limited to: tennis or basketball courts; softball, baseball, football or soccer fields; slides; playgrounds, etc., and maintained for the continued use and enjoyment of area residents. Park, Passive: An open space improved with passive features, including but not limited to park benches, picnic tables, gazebos, etc. and maintained for the continued use and enjoyment of area residents. Parkway: An open space entirely bounded by street or pedestrian rights-of--way within a developed area. Parking Area: Any area other than an open exhibition or display area (not inclusive of interior access drives, driveways, interior access driveways and access drives) intended for the temporary storage of automotive vehicles including parking spaces and the area allocated to the egress/ingress of automotive vehicles to and from the actual parking space. Parking Garage: See Garage, Parking. Parking, Off-Street: A parking area located completely on a lot and accessed via interior access drives, interior access driveways, access drives, or driveways in which no individual parking spaces gain direct access to a public street or private street. Parking, On-Street: A parking area located partially or completely within the right-of--way of a public street or private street. Parking Lot: The primary use or accessory use of a lot or a portion of a lot for the parking of automotive vehicles. 29 Ord. No.: 9495-04 Section 21-11 Definitions Parking Lot, Accessory: The use of a lot in a Residential District as a parking lot where such parking lot is accessory to a permitted use which is either: (i) located on an adjacent lot in a Commercial /Mixed Use District or Industrial District; or, (ii) located in a Commercial /Mixed Use District or Industrial District separated from the lot in a Residential District by a street or alley not over thirty (30) feet in width. Such Accessory Parking Lots are intended to create an effective buffer between residential uses and a commercial /mixed use or industrial use and, where practical, are developed in compliance with all off-street parking standards and all landscaping standards applicable parking lots in a commercial /mixed use district or industrial district. Parking Space: That portion of the parking area used only for the temporary placement of an operable motor vehicle. Patio: A hardsurfaced area accessory structure to a primary use or structure of which the horizontal area is at grade level with at least one (1) side open to the weather and essentially unobstructed to the sky. This area is specifically designed and intended for the recreational enjoyment of the occupant(s) and guest(s) of the primary use or structure and is not designed or intended for use by automotive vehicles. Pennant: See Sign, Pennant. Performance Bond - A legally binding agreement whereby the subdivider posts a surety for the construction of improvements, installations and lot improvements required by this Ordinance, any other applicable ordinances of the City of South Bend, and any requirements, covenants, conditions or commitments which maybe imposed pursuant to this Ordinance. Permitted Use: The use of land or the use of a building or structure on land which is allowed, either as a matter of right or under limited conditions (i.e., as a special exception use, an accessory use, a home occupation, or a temporary use) in the district applicable to the land. Phased Development Plan: See Development Plan, Phased. Plan Commission: A commission established pursuant to Indiana Code 36-7-4 et sec .., and which is responsible for: making recommendations regarding adoption and amendments to the comprehensive plan; making recommendations regarding adoption or text amendments of the initial zoning ordinance, replacement zoning ordinance and subdivision control ordinance; making recommendations regarding adoption or amendment of a PUD District Ordinance; making recommendations regarding zone map changes; rendering decisions concerning plats, re-plats and amendments to plats; making determinations regarding development plans; and, other duties or powers authorized by Indiana Code 36-7-4 et sec .., and ordinance. See also Area Plan Commission. 30 Ord. No.: 9495-04 Section 21-11 Definitions Plan Review Committee (PRC): A committee of technical consultants established to provide the Executive Director, Building Commissioner or Zoning Administrator with technical assistance in the review of plans for compliance the provisions of this Ordinance and other applicable rules and regulations of federal, state or local agencies. Planned Unit Development: A site to be developed, operated and maintained as a single entity and containing one or more residential areas, public areas, quasi-public areas, commercial areas or industrial areas, and containing a range of uses as specified in the PUD District Ordinance. Playground: An open space which contains an active recreational area with a variety of facilities, including equipment for younger children, game courts and fields for games. Plaza: An open space that may be improved and landscaped, usually surrounded by streets or buildings. Pool Hall or Billiard Hall: Any establishment which keeps, maintains or operates for hire on the premises four (4) or more pool or billiard tables. Porch: A roofed accessory structure with at least one side exposed to the weather, supported from the ground and attached to or part of a building at the area of entrance or exit to said building. Preliminary Plan: A drawing, map, plan or other graphic representation of a planned unit development, drawn to an appropriate scale by hand or other drawing method, but containing sufficient detail to depict the general land use patterns, major street network and generalized infrastructure proposals proposed for the planned unit development. A Preliminary Plan maybe supplemented with text to provide sufficient details to determine applicable permitted use and development standards provisions for the planned unit development. Primary Building: The building in which the primary permitted use of the lot is conducted. Primary Use: A permitted use of land or a permitted use of a building or structure on land which is allowed as a matter of right in the district applicable to the land, subject only to compliance with the development standards applicable to that district. Project: A single use site, integrated center, mixed use development, single family dwelling subdivision, two family dwelling subdivision, multifamily development or any other form of development of real estate. Project Area: The total land area of a site, less area included in: the existing right-of--way or proposed right-of--way of a perimeter street; and, the area included in floodway or other undevelopable portions of the site. 31 Ord. No.: 9495-04 Section 21-11 Definitions Proposed Site Plan: A plan drawn to scale, showing uses and structures proposed for a pazcel of land, as required by this Chapter. PUD: See Planned Unit Development. PUD District Ordinance: A petition for zone map change which designates a parcel of real property as a planned unit development, specifies uses or a range of uses permitted in the planned unit development, specifies development requirements in the planned unit development, specifies plan documentation and supporting information that maybe required prior to development in a planned unit development, and specifies any limitations applicable to the planned unit development. Rear Facade: See Facade, Rear. Recreational Vehicle: A vehicular-type portable structure without permanent foundation that can be towed, hauled or driven and primarily designed as a temporary living accommodation for recreational, camping and travel use, including, but not limited to: travel trailers, truck campers, camping trailers, self-propelled motor homes; personal watercrafts; and, boats. Recycling Container: A receptacle designed and intended for the collection of cleaned, sorted, solid household waste products, including, but not limited to glass, plastic, metal and paper. Recycling Facility: A recycling operation involving further processing (relative to a Neighborhood Recycling Collection Point) of materials to improve the efficiency of subsequent hauling. Such a facility typically features sorting, the use of a crushing appazatus, and the storage of the material until it is shipped out. Religious Use: Aland use and all buildings and structures associated therewith devoted primarily to the purpose of divine worship together with reasonably related accessory uses, which are subordinate to and commonly associated with the primary use, which may include but aze not limited to educational, instructional, social, residential or child care ministry uses. Residential Bufferyazd: A front yard, side yard or rear yard of anon-residential land use on a lot which faces or abuts a residential district or residential land use designation within a planned unit development. A residential bufferyard may include landscape plantings, fences, walls or berms required to provide screening or buffering for adjacent residential properties. A residential bufferyard shall not apply to any front yard abutting a limited access highway. Residential Bufferyazd, Front: The front yard of anon-residential land use on a lot which faces or abuts a residential district. See also Residential Bufferyard. 32 Ord. No.: 9495-04 Section 21-11 Definitions Residential Bufferyard, Rear: The rear yard of anon-residential land use on a lot which faces or abuts a residential district. See also Residential Bufferyard. Residential Bufferyard, Side: The side yard of anon-residential land use on a lot which faces or abuts a residential district. See also Residential Bufferyard. Resource Recovery: The processing of solid waste into commercially valuable materials or energy. Restaurant, Drive In: Any family restaurant or fast food restaurant designed to permit or facilitate the serving of food or beverages directly to, or permitted to be consumed by patrons in or on motor vehicles parking or stopped on the premises. Restaurant, Drive Through: Any family restaurant or fast food restaurant designed to permit or facilitate the serving of food or beverages directly to patrons in or on motor vehicles at a drive-through facility. Restaurant, Family: Any establishment whose main business function is the retail sale of food for consumption on the premises, and which does not have on the premises an area from which minors are excluded pursuant to I.C. 7.1-5-7-9, 10 and 11 or pursuant to any policy of the establishment. Restaurant, Family, with Lounge: Any family restaurant which has on the premises an area constituting not more than twenty-five (25) percent of the gross floor area from which minors are excluded pursuant to I.C. 7.1-5-7-9, 10 and 11 or pursuant to any policy of the establishment. Restaurant, Fast Food: An establishment whose principal business is the sale ofpre-prepared or rapidly prepared food directly to the customer in aready-to-consume state for consumption either within the restaurant building, on-premise oroff-premise. Right-of--Way: Specific and particularly described land, property, or interest therein devoted to and subject to the lawful use, typically as a thoroughfare for passage of pedestrians, vehicles, or utilities, as set forth in a written grant, declaration or conveyance that is recorded in the Office of the Recorder of St. Joseph County, Indiana. Right-of--Way, Existing: The total right-of--way width of a street as created or expanded by the most recent grant, declaration or conveyance that is recorded in the Office of the Recorder of St. Joseph County, Indiana. 33 Ord. No.: 9495-04 Section 21-11 Definitions Right-of--Way, Public: Specific and particularly described strip of land, property, or interest therein dedicated to and accepted by the municipality, County or State to be devoted to and subject to use by the general public for general transportation purposes or conveyance of utilities whether or not in actual fact improved or actually used for such purposes, as set forth in a written grant, declaration or conveyance that is recorded in the Office of the Recorder of St. Joseph County, Indiana. Right-of--Way, Private: Specific and particularly described strip of privately-held land devoted to and subject to use for general transportation purposes or conveyance of utilities whether or not in actual fact improved or actually used for such purposes, as set forth in a written grant, declaration or conveyance that is recorded in the Office of the Recorder of St. Joseph County, Indiana. Right-of--Way, Proposed: The recommended right-of--way width for a street based upon that street's classification in the officially adopted City of South Bend Thoroughfare Plan. Roof-Mount: The placement of an antenna, antenna array orJlag pole on the roof of an existing building or structure. Secondary Approval: A review of a planned unit development required when the development requirements of a planned unit development are expressed only in general terms in the PUD District Ordinance. Semi Cutoff: See Cutoff, Semi. Setback: That distance measured perpendicularly from the lot line to the closest point of the building, structure, sign structure, parking area or any other permanent improvement. Setback Line: Aline that establishes the minimum distance that a building, structure, or portion thereof, can be located from a lot line orright-of--way line. Setback, Maximum: The largest distance allowed by this Ordinance from a front lot line for the location of a building, structure or any other permanent improvement (excluding parking areas). Semi-Trailer: A freight trailer, tanker or other large vehicles or machinery with a forward portion designed to be supported by a fifth wheel device of a truck tractor when in motion. Setback, Minimum: The smallest distance required by this Ordinance from a lot line to the closest point of a building, structure, sign structure, parking area, loading area, storage area, or any other permanent improvement. A minimum setback may be a minimum front setback, minimum side setback or minimum rear setback. Said distance shall be measured perpendicularly from the lot line. 34 Ord. No.: 9495-04 Section 21-11 Definitions Setback, Minimum Front: The minimum distance required by this Ordinance from a front lot line to the closest point of the building, structure, sign structure, parking area, loading area, storage area, or any other permanent improvement. Said distance shall be measured perpendiculazly from the front lot line. Setback, Minimum Rear: The minimum distance required by this Ordinance from a rear lot line to the closest point of the building, structure, sign structure, parking area, loading area, storage area, or any other permanent improvement. Said distance shall be measured perpendiculazly from the rear lot line. Setback, Minimum Side: The minimum distance required by this Ordinance from a side lot line to the closest point of the building, structure, sign structure, parking area, loading area, storage area, or any other permanent improvement. Said distance shall be measured perpendicularly from the side lot line. Side Fagade: See Facade, Side. Sidewalk: A defined pedestrian way which is typically constructed of concrete, sepazated from and located parallel to the improved surface of a public street or private street, and located within aright-of--way of said street. Sign: Any object, device, display, structure, fixture, placard, announcement, declaration, demonstration or insignia, or part thereof, used to: draw attention; provide direction, information, identification; or, advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. Sign, A-Frame: A portable sign containing two (2) sign faces and whose framing is hinged at the apex at an angle less than forty-five (45) degrees. Sign, Advertising: See Sign, Off-Premise. Sign, Animated: Any sign, or any portion thereof, which moves, assumes any motion, uses a change in lighting to depict motion or create a special effect or scene, or gives the illusion of moving. Sign, Awning: Any sign or graphic printed on or in some fashion attached directly to the material of an awning. Sign, Balloon: A temporary sign consisting of a bag made of light weight material which is either: (a) filled with a gas lighter than air; or, (b) continuously filled with blown air, and designed to rise or float in the atmosphere or is attached to the ground or a building. 35 Ord. No.: 9495-04 Section 21-11 Definitions Sign, Banner: A sign of lightweight fabric or similar material mounted to a pole or building at two (2) opposite edges or four (4) corners. Sign, Building: Any sign placed upon or supported by a building, including, by way of example but are not limited to: wall signs, projecting signs, awning signs, canopy signs, marquee signs, suspended signs and roof signs. Sign Cabinet: The frame of an internally illuminated sign which contains and supports the sign face. Sign cabinet does not apply to painted signs or one-piece, non-illuminated, individual letter signs. Sign, Canopy: Any sign or graphic printed on or in some fashion attached directly to a canopy. Sign, Changeable Copy: A sign, or portion thereof, where the message copy includes characters, letters or illustrations that can be physically altered without altering the primary surface of the sign. The message copy of a changeable copy sign may be changed manually in the field or through remote electronic or electric techniques. Methods of changing the message copy include the use of: (a) changeable letters, numbers, symbols and similar characters; (b) changeable pictorial panels; or, (c) rotating panels or other similar devices. See also Sign, Electronic Variable Message. Sign, Electronic Variable Message (EVMS): A sign, or portion thereof, where the message copy includes characters, letters or illustrations that can be changed or rearranged electronically without touching or physically altering the primary surface of the sign. Message copy may be changed in the field or from a remote location. Sign Face: See Sign Surface. Sign, Flag: A sign of lightweight fabric or similar material mounted to a pole or building at one (1) edge or two (2) corners. Sign, Freestanding: A sign that is attached to, erected on or supported by some structure (such as a pole, mast or frame) that is not itself an integral part of or attached to a building or structure where the principal function of such building or structure is something other than the support of a sign. See also Sign, Monument and Sign, Pole. Sign, Incidental: A sign relating to the lot or use thereof which provides information or directions necessary or convenient for visitors coming on the lot, including but not limited to signs marking entrances and exits, parking areas, circulation direction, restrooms and pick-up or delivery areas. Sign, Marquee: Any sign or graphic printed on or attached directly to a marquee. 36 Ord. No.: 9495-04 Section 21-11 Definitions Sign, Menu Board: A sign located in connection with adrive-through facility, which is oriented toward motor vehicles located in adrive-through lane, and which provides information to the occupants of motor vehicle, related to the products and services available at the drive through facility. M IIII°.,.---~ .- „~ _ ~ r • . ~ ~, t k i? .~ 4 i \ t;. ` ;,r,.~,,.. .. ~ f ~~;~ ,_. ._.,;: {; Freestanding Monument Sign Sign, Monument: Any freestanding sign constructed in or on the ground surface with its sign display surface extending upward from the ground surface and which has the lowest portion of the sign display surface elevated by no more than the lesser of four (4) feet above grade or the one-half (1/2) the overall height above grade. Sign, Nonconforming: A sign which qualifies as a legally established nonconforming structure. Sign, Off-Premise: A sign which directs attention to an activity, business, entertainment, commodity, product, profession or service conducted, manufactured, offered or sold at a location other than the premises on which the sign is located. Sign, On-Premise: A sign which directs attention to an activity, business, entertainment, commodity, product, profession or service conducted, manufactured, offered or sold on the premises where the sign is located. Sign, Outdoor Advertising: See Sign, Off-Premise Sign. Sign, Outdoor Display Area: A sign located within an outdoor display area and which directs attention to or provides information about the display area or the good, products or merchandise on display. Sign, Pennant: A sign of lightweight plastic, fabric, or other similar material which is suspended from a rope, wire or string, usually in a series, and which is designed to move in the wind. Sign, Pole: Any freestanding sign which has its supportive structure(s) anchored in the ground and which has the lowest portion of its sign display surface elevated by more than ten (10) feet above the grade. 37 Pole Sign >10' Above Grade Ord. No.: 9495-04 Section 21-11 Definitions Sign, Portable: Any sign or sign structure not securely attached to the ground or other permanent structure, or a sign designed to be transported from place to place, including but not limited to: signs transported by means of wheels; a sign attached to a- or t- frames; a menu and sandwich board sign; a balloon used as a sign; table or patio umbrellas which include a sign; and, a sign attached to or painted on a vehicle parked and visible from the public right-of--way, unless said vehicle is used in the normal day-to- day operation of the business. Sign, Projecting: Any sign which is affixed to a building or wall in such a manner that the leading edge extends more than eighteen (18) inches beyond the surface of such building or wall face. SiTgn I -- I~ Sloping Roof Side Elevation ~~r II' ,;~i.,,~ Mount Examples of Roof Signs Projecting Sign Sign, Roof: Any sign erected on or wholly constructed upon a roof of any building and supported solely on the roof structure. Mansard Mansard Mount Pent Eave Main Roof MOUnt mmn rcvvr Sign S'g ~ Not RooT Sign perrt Eave Not Root Sign Side Elevation Side Elevation Examples of Signs Which Are Not Roof Signs 38 Ord. No.: 9495-04 Section 21-11 Definitions Sign, Spandrel: Any sign that is a part of or attached to the spandrel. Sign Structure: Any structure including any pole, base, foundation, support, tie rods, upright, bracing or framework which supports or is capable of supporting any sign. Sign Surface: The surface of the sign upon, against, or through which the message of the sign is exhibited. Sign Surface Area: The area of a sign surface (which is also the sign surface area of a wall sign or other sign with only one sign face). Sign surface area shall be computed by using the smallest area contained within one, two or three distinct squares, rectangles, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which the sign is placed, but not including any supporting framework, bracing twenty-four (24) inches in width or less, or any decorative fence or wall when such fence or wall otherwise meets the applicable regulations of this Ordinance and is clearly incidental to the display itself. Sign, Suspended: Any sign that is suspended from the underside of a horizontal plane surface and is connected to the horizontal plane surface. Sign, T-Frame: A portable sign utilizing an inverted "T" style of framing to support the sign. Sign, Temporary: Any sign or sign structure which is not permanently affixed or installed, and is intended to be displayed for limited periods only. Examples of temporary signs include, but are not limited to signs erected or placed in connection with the following activities or occurrences: sale or lease of real estate; announcement of pending construction; special event; political campaign; garage sale; home improvement/ remodeling; model home; and, seasonaUholiday signs. Sign, Wall: Any sign attached to or erected on a wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall, within eighteen (18) inches of said wall, and containing only one sign surface. 39 Suspended Sign Ord. No.: 9495-04 Section 21-11 Definitions Sign, Wind: A sign of lightweight fabric or similar material attached at one end to a pole or similar apparatus so as to swing freely, inflate and flutter by movement of the wind. Sign, Window: Any sign placed: (a) inside of and within two (2) feet of a window; or, (b) upon a window, and is intended to be seen from the exterior of the window. Single Use Site: An area of development (commercial /mixed use or industrial) on one lot occupied by one business. Any commercial /mixed use or industrial development which does not qualify as an integrated center. Sketch Plan: A graphic representation of a project or subdivision, drawn to an appropriate scale by hand or other drawing method, and capable of depicting the general pattern proposed for the development of a project or subdivision. South Bend's Neighborhood Based Organizations: Groups recognized by the City of South Bend which operate in a neighborhood to facilitate improvements and positively addresses neighborhood concerns by working with the City Administration and the Common Council. Spandrel: A roof-like structure that covers the gasoline pump dispenser, serves as asecond-tier canopy, may be a lighting source for the dispensing area, may identify the gasoline pumps by numerical or other designation, and may display signs. Special Event: Any of the following occurrences: commencement of construction; fairs, carnivals, circus or festivals; elections; grand openings; independence day; labor day; listing of properties for sale or lease; memorial day; posting of notices at the direction of a governmental agency; presidents day; veterans day; or other occurrence officially recognized by the Board of Public Works as a special event for the City of South Bend. Special Exception Use: The use of land or the use of a building or structure on land which is allowed in the district applicable to the land only through the grant of a special exception. Staff: Shall include: The Executive Director of the Area Plan Commission; the Building Commissioner, the Zoning Administrator; any employee of the Area Plan Commission; any employee of the Department of Code Enforcement; any attorney, agent or designee of the Executive Director of the Area Plan Commission; any attorney, agent or designee of the Building Commissioner; any attorney, agent or designee of the Zoning Administrator; or, any other employee of the City of South Bend related to the review, recommendation or approval process for development. Storage and Transfer Establishment: A facility at which products, goods or materials are received from various locations and temporarily warehoused while awaiting distribution or shipment via a subsequent carrier, possibly along with other products, goods or materials to another destination. 40 Ord. No.: 9495-04 Section 21-11 Definitions Storage, Outdoor: The storage of any product, goods, equipment, machinery, vehicles, boats, supplies, building materials or commodities, including raw, semi-finished and finished materials for a period of time in excess of one (1) week, the storage of which is not accessory to a residential use, provided, however, that vehicular parking and the display of automobiles, boats, trucks or farm equipment associated with a legally established dealership shall not be deemed outdoor storage. Story: That part of a building, with an open height of no less than seventy-eight inches (78"), except a mezzanine, included between the upper surface of one floor and the lower surface of the next floor, or if there is no floor above, then the ceiling next above. A basement shall constitute a story only if it provided finished floor area. A story shall not include a mechanical penthouse. Story, Half: A story under a gable, gambrel or hip roof, to wall plates of which on at least two (2) opposite exterior walls, are not more than two (2) feet above the floor of such story. Street: Any public right-of--way or private right-of--way, with the exception of alleys, essentially open to the sky and open and dedicated to the general public for the purposes of vehiculaz and pedestrian travel affording access to abutting property, whether referred to as a street, lane, road, drive, expressway, arterial, thoroughfaze, highway, or any other term commonly applied to aright-of--way for said purposes. A street maybe comprised of pavement, shoulders, gutters, curbs, sidewalks, parking spaces, and similar features. Street, Frontage: A street located along side and generally pazallel with a more heavily traveled street and which provides access to abutting property(ies). Street, Limited Access Highway: A street along which access is restricted due to the acquisition of access rights from adjoining properties by the appropriate governmental agency having jurisdiction over such street. Street, Private: A privately-held right-of--way, with the exception of alleys, essentially open to the sky and open to the general public for the purposes of vehiculaz and pedestrian travel affording access to abutting property, whether referred to as a street, easement, road, expressway, arterial, thoroughfare, highway, or any other term commonly applied to a right-of--way for said purposes. A private street maybe comprised of pavement, shoulders, curbs, sidewalks, parking spaces, and similaz features. Street, Public: A publicly dedicated, accepted and maintained right-of--way, with the exception of alleys, essentially open to the sky and open to the general public for the purposes of vehiculaz and pedestrian travel affording access to abutting property, whether referred to as a street, lane, road, drive, expressway, arterial, thoroughfare, highway, or any other term commonly applied to a public right-of--way for said purposes. A public street may be comprised of pavement, shoulders, gutters, curbs, sidewalks, parking spaces, and similaz features. 41 Ord. No.: 9495-04 Section 21-11 Definitions Structure: Anything constructed or erected, the use of which requires location on the ground, or attachment to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, fences, walls, parking areas, loading areas, towers, antenna and signs. Structure-Mount: The placement of an antenna or antenna array on an existing structure such as a water tower, athletic field light standards, or electric-line transmission towers. Surface-Mount: The placement of an antenna or antenna array on the existing or proposed surface of a building or structure. Tavern: See Bar. Tattoo, Body Piercing, Scarifying and Branding Establishments: All type of businesses required to be licensed under Chapter 13 of the South Bend Municipal Code where services are provided which include: deliberately scarring; burning; or, pricking the skin so as to leave a mark or a color that cannot be removed without a surgical procedure. This includes: figurative tattooing; permanent coloring; scarifying and branding; and, the piercing of the human body to create a permanent hole (excluding ear piercing services which meet all of the requirements ofsub-section 13-148 of the South Bend Municipal Code). Telecommunications: The transmission between or among points specified by the user of information of the user's choosing, without change in the form or content of the information as sent and received. Telecommunications Antenna: See Antenna, Telecommunications. Telecommunications Service: The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. Telecommunications Tower: A structure more than ten (10) feet tall, built primarily to support one or more telecommunications antennas. Temporary Living Quarters: A manufactured home dwelling or mobile dwelling located on a lot and intended to serve as a temporary dwelling unit fora: caregiver; carereceiver; or, family in the process of building a permanent single family dwelling on a lot. Temporary Seasonal Retail Sales: A temporary use established for a fixed period of time, for the retail sale of seasonal products, including, but not limited to, such items as food, Christmas trees, pumpkins, and live plants. A temporary seasonal retail sales use may or may not involve the construction or alteration of any permanent building or structure. 42 Ord. No.: 9495-04 Section 21-11 Definitions Temporary Use: Aland use established for a limited and fixed period of time with the intent to discontinue such use upon the expiration of the time period. Thoroughfare Plan: That portion of the City of South Bend Comprehensive Plan, or other officially adopted plan of the City of South Bend, which sets forth recommendations for major street alignments and street classifications. Tobacco Store: A retail establishment whose primary business, in terms of gross floor area or sales, is related to the sale of tobacco products. A grocery store, convenience store, gasoline service station or drug store which sells tobacco products, but whose sales of such products is incidental to the overall gross floor area or sales receipts of the business, shall not be considered a tobacco store. Townhouse: A multifamily dwelling with: (a) all dwelling units constructed in a row; (b) with each dwelling unit having an individual front and rear ingress and egress; and, (c) no dwelling unit located over another dwelling unit. Trailer: Anon-automotive vehicle designed to be hauled on the road. Transfer Station: A facility where solid waste is transferred from a vehicle or container to another vehicle or container for transportation. The term does not include the following: (a) a facility where the solid waste that is transferred has been generated by the facility; or, (b) a recycling facility Truck: A motor vehicle designed, used or maintained primarily for the transportation of property. Truck Terminal: An area and buildings used for the temporary parking of motor freight vehicles or trucks of common carriers during unloading and loading of cargo or freight and where cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation. Truck Tractor: A truck equipped with a fifth wheel device for the towing of asemi-trailer, tanker or other vehicles or machinery. Underground Facilities: An accessory structure which is at least seventy-five (75) percent subterranean, utilized for storage of personal property or as a temporary shelter for people, such as a storm cellar or fallout shelter. Use: The purpose or activity for which land, buildings or structures are designed, arranged, or intended or which land, buildings or structures are occupied or maintained. 43 Ord. No.: 9495-04 Section 21-11 Definitions Use, Permitted: See Permitted Use. Variance: Permission granted by the Board of Zoning Appeals to depart from the literal requirements of this Ordinance. Vehicular Canopy: See Canopy, Vehicular. Wagering, off-track pari-mutual facility: A location, other than a racetrack, authorized by the Indiana Horse Racing Commission, at which parrmutual wagering is conducted. Waiver /Waived: Permission granted in connection with: (a) the approval of a development plan; (b) the approval of a primary plat for a subdivision; or, (c) a special exception, to allow a deviation from the development standards or development requirements of this Ordinance. Walkway: A defined pedestrian way, typically improved with concrete or asphalt, which provides for pedestrian movement on private property. A walkway mayor may not be located in an pedestrian easement. Warehouse and Distribution Center: A building or structure for the storage of goods, materials or products awaiting shipment to another location for wholesale or retail trade. Whip Antenna: See Antenna, Whip. Windblown Device: Any banner, pennant, spinner, streamer, propeller, disc, moored blimp, gas balloon or flag that is designed to inform or attract attention, whether or not such device carries a message, all or part of which is set in motion by or remains inflated by wind, mechanical, electrical or any other means. Wireless Telecommunications Facility -Any facility constructed by or constructed for use by a licensed wireless telecommunication service provider and which consists of the equipment and structures involved in the receiving and transmitting of electromagnetic waves associated with wireless telecomunication services. Yard: An open space, unobstructed to the sky, extending fully across the lot while situated between the front lot line, side lot line or rear lot line and the established front building line, side building line or rear building line. Yard, Aggregate Side: The total combined distance of both side yards on an individual interior lot or double frontage lot. Yard, Front: An open space, unobstructed to the sky, extending fully across the lot while situated between the front lot line and the established front building line. 44 Ord. No.: 9495-04 Section 21-11 Definitions Yard, Interior: An open space, unobstructed to the sky, extending out from the wall of a multifamily dwelling. Yard, Minimum: An open space unobstructed to the sky, extended fully across the lot situated between a lot line and a setback line. Minimum yards maybe a front yard, a side yard or a rear yard depending on which lot line the minimum yard abuts and is measured from. Yard, Perimeter: An open space, unobstructed to the sky, extending fully across the lot while situated between any front lot line, side lot line and rear lot line and the minimum front setback, minimum side setback and minimum rear setback. Yard Sale: See Garage Sale. Yard, Side: An open space, unobstructed to the sky, extending fully across the lot while situated between a side lot line and the established side building line. Minimum Yards Yard, Rear: An open space, unobstructed to the sky, extending fully across the lot while situated between the rear lot line and the established rear building line. Zoning Administrator: The individual designated by the Common Council in this Ordinance as having the responsibility for the interpretation and administration of this Ordinance. 45 Ord. No.: 9495-04 1~111IIIIIMIII I GIYV Section 21-12 Floodplain Regulations ARTICLE 12 FLOODPLAIN REGULATIONS SECTION 21-12 FLOODPLAIN REGULATIONS Section 21-12.01 Statutory authorization. (a) The Indiana Legislature granted the power to local units of government (IC 36-7-4) to control land use within their jurisdictions in order to accomplish the following. Section 21-12.02 Statement of purpose. (a) The purpose of this article is to guide development in the flood hazard areas in order to reduce the potential for loss of life and property, reduce the potential for health and safety hazards, and to reduce the potential for extraordinary public expenditures for flood protection and relief. Under the authority granted to local units of government to control land use within their jurisdiction, which includes taking into account the effects of flooding, the Common Council of the City of South Bend, Indiana, hereby adopts the following floodplain management regulations in order to accomplish the following: (1) To prevent unwise developments from increasing flood or drainage hazards to others; (2) To protect new buildings and major improvements to buildings from flood damage; (3) To protect human life and health from the hazards of flooding: (4} To lessen the burden on the taxpayer for flood control projects, repairs to flood damaged public facilities and utilities, and flood rescue and relief operations; (5) To maintain property values and a stable tax base by minimizing the potential for creating flood blighted areas; and (6) To make federally subsidized flood insurance available for structures and their contents in the City of South Bend, Indiana, by fulfilling the requirements of the National Flood Insurance Program. Sec.21-12.03. Definitions. (a) In addition to the definitions contained in Article 1, General Provisions, Section 21- 1 Definitions, the following definitions shall apply to the floodplain regulations of the article. Ord. No.: 9495-04 Section 21-12 Floodplain Regulations (1) Building: see "structure." (2) Development means any man-made change to improved or unimproved real estate including but not limited to: (A) Construction, reconstruction, or placement of a building or any addition to a building; (B) Installing a manufactured home on a site, preparing a site for a manufactured home or installing a recreational vehicle on a site for more than one hundred eighty (180) days; (C) Installing utilities, erection of walls and fences, construction of roads, or similar projects; (D) Construction of flood control structures such as levees, dikes, dams, channel improvements, etc.; (E) Mining, dredging, filling, grading, excavation, or drilling operations; (F) Construction and/or reconstruction of bridges or culverts; (G) Storage of materials; or (H) Any other activity that might change the direction, height, or velocity of flood or surface waters. "Development" does not include activities such as the maintenance of existing buildings and facilities such as painting, reroofing; resurfacing roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent buildings. (3) Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of Ord. No. 9194-01. (4) Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Ord. No.: 9495-04 Section 21-12 Floodplain Regulations (5) FBFM means Flood Boundary and Floodway Map. (6) FEMA means Federal Emergency Management Agency. (7) FHBM means Flood Hazard Boundary Map. (8) FIRM means Flood Insurance Rate Map. (9) Flood means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source. (10) Floodplain means the channel proper and the areas adjoining any wetland, lake or watercourse which have been or hereafter maybe covered by the regulatory flood. The floodplain includes both the Floodway and the Floodway fringe districts. (11) Flood protection grade (FPG) means the elevation of the regulatory flood plus two (2) feet at any given location in the special flood hazard area (SFHA). (12) Floodway means the channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream. (13) Floodway fringe means those portions of the floodplain lying outside the floodway. (14) Letter of map amendment (COMA) means an amendment to the currently effective FEMA map that establishes that a property is not located in a special flood hazard area (SFHA). A COMA is only issued by FEMA. (15) Letter of map revision (CONK) means an official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations. (16) Lowest floor means the lowest of the following: (A) The top of the basement floor; (B) The top of the garage floor, if the garage is the lowest level of the building; Ord. No.: 9495-04 Section 21-12 Floodplain Regulations (C) The top of the first floor of buildings elevated on pilings or constructed on a crawl space with permanent openings; or (D) The top of the floor level of any enclosure below an elevated building where the walls of the enclosure provide any resistance to the flow of flood waters unless: i. The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, by providing a minimum of two (2) openings (in addition to doorways and windows) having a total area of one (1) square foot for every two (2) square feet of enclosed area subject to flooding. The bottom of all such openings shall be no higher than one (1) foot above grade; and ii. Such enclosed space shall be usable for the parking of vehicles and building access. (17) Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." (18) New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of Ord. No. 9194-01. (19) Recreational vehicle means a vehicle which is: (A) Built on a single chassis; (B) Four hundred (400) square feet or less when measured at the largest horizontal projections; (C) Designed to be self-propelled or permanently towable by a light duty truck; and (D) Designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel, or seasonal use. (20) Regulatory flood means the flood having a one (1) percent probability of being equaled or exceeded in any given year, as calculated by a method and 4 Ord. No.: 9495-04 Section 21-12 Floodplain Regulations procedure which is acceptable to and approved by the Indiana Natural Resources Commission and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in section 21- 182 of this article. The "regulatory flood' is also known by the term "base flood." (21) Special flood hazard area (SFHA) means those lands within the jurisdiction of the City of South Bend, Indiana that are subject to inundation by the regulatory flood. The SFHAs of the City of South Bend, Indiana are generally identified as such on the Flood Insurance Rate Map of the City of South Bend, Indiana prepared by the Federal Emergency Management Agency and dated February 17, 1988. The SFHAs of those parts of unincorporated St. Joseph County that are within the extraterritorial jurisdiction of the City of South Bend or that maybe annexed into the City of South Bend are generally identified as such on the Flood Insurance Rate Map prepared for St. Joseph County by the Federal Emergency Management Agency and dated February 17, 1988. (22) Structure means a structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, or a prefabricated building. The term also includes recreational vehicles to be installed on a site for more than one hundred eighty (180) days. (23) Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred substantial damage regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of State or local health, sanitary, or safety code requirements or any alteration of an "historic structure," provided that the alteration will not preclude the structures continued designation as an "historic structure." Sec. 21-12.04 Duties of the Administrator. The Zoning Administrator for the City of South Bend, Indiana shall implement this article and hereafter be referred to as the Zoning Administrator. The Zoning Administrator for the City of South Bend, Indiana is appointed to review all development and subdivision proposals to ensure compliance with this article, including but not limited to the following duties: (a) Ensure that all development activities within the special flood hazard areas of the jurisdiction of the City of South Bend, Indiana meet the requirements of this article. Ord. No.: 9495-04 Section 21-12 Floodplain Regulations (b) Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques. (c) Ensure that construction authorization has been granted by the Indiana Natural Resources Commission for all development projects subject to section 21-184 of this article, and maintain a record of such authorization (either copy of actual permit or letter of recommendation). (d) Maintain a record of the as-built elevation of the top of the lowest floor (including basement) of new and/or substantially improved buildings constructed in the special flood hazard areas. Inspect before, during and after construction. (e) Maintain a record of the engineer's certificate and the as-built floodproofed elevation of all buildings subject to section 21-185 of this article. (f) Cooperate with State and Federal floodplain management agencies to improve base flood and floodway data and to improve the administration of this article. Submit reports as required for the National Flood Insurance Program. (g) Maintain for public inspection and furnish upon request regulatory flood data, SFHA maps, letters of map amendment (COMA), letters of map revision (LOMR), copies of DNR permits and letters of recommendation, Federal permit documents, and as-built elevation and floodproofing data for all building constructed subject to this article. (h) Notify adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA. Sec. 21-12.05 Regulatory flood elevation. (a) This article's protection standard is the regulatory flood. The best available regulatory flood data is listed below. Whenever a party disagrees with the best available data, the party submitting the detailed engineering study needs to replace existing data with better data and submit it to the Department of Natural Resources for review and approval. (b) The regulatory flood elevation for each special flood hazard area delineated as an "AH Zone" or "AO Zone" shall be that elevation or depth delineated on the Flood Insurance Rate Map of the City of South Bend, Indiana. (c) The regulatory flood elevation for each of the remaining special flood hazard areas delineated as an "A Zone" on the Flood Insurance Rate Map of the City of South Bend, Indiana shall be according to the best data available as provided by the Department of Natural Resources. 6 Ord. No.: 9495-04 Section 21-12 Floodplain Regulations (d) The regulatory flood elevation and floodway limits for the special flood hazard areas of those parts of unincorporated St. Joseph County that are within the extraterritorial jurisdiction of the City of South Bend, Indiana or that maybe annexed into the City of South Bend, Indiana shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of St. Joseph County dated February 17, 1988, and the corresponding Flood Boundary and Floodway Maps and Flood Insurance Rate Maps dated February 17, 1988, prepared by the Federal Emergency Management Agency. (e) If the special flood hazard area is delineated as "AH Zone or AO Zone," the elevation or depth will be delineated on the City of South Bend, Indiana Flood Insurance Rate Map. If the SFHA is delineated as "Zone A" on the City of South Bend, Indiana Flood Insurance Rate Map, the regulatory flood elevation shall be according to the best data available as provided by the Department of Natural Resources. (f) The regulatory flood elevation and floodway limits for the special flood hazard areas of the St. Joseph River and Clyde Creek, Bowman Creek, and Juday Creek shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of the City of South Bend, Indiana, dated February 17, 1988 and the corresponding Flood Boundary and Floodway Map/Flood Insurance Rate Maps dated February 17, 1988 prepared by the Federal Emergency Management Agency. Sec. 21-12.06 Improvement location permit. (a) No person, firm, corporation, or governmental body not exempted by state law shall commence any development in the special flood hazard area without first obtaining an improvement location permit from the Zoning Administrator. The Zoning Administrator shall not issue an improvement location Permit if the proposed development does not meet the requirements of this article. (1) The application for an improvement location permit shall be accompanied by the following: (A) A description of the proposed development; (B) Location of the proposed development sufficient to accurately locate property and structure in relation to existing roads and streams; (C) A legal description of the property site; (D) A site development plan showing existing and proposed development locations and existing and proposed land grades; and (E) Elevation of the top of the lowest floor including basement of all proposed development. Elevation should be in National Geodetic Vertical Datum of 1929 (NGVD) or North American Vertical Datum (NAND). In either case the conversion formula should be included. Ord. No.: 9495-04 Section 21-12 Floodplain Regulations (2) Upon receipt of an application for an improvement location permit, the Zoning Administrator shall determine if the site is located within an identified floodway, floodway fringe or within the floodplain where the limits of the floodway have not yet been determined. (A) If the site is in an identified floodway the Zoning Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources and apply for a permit for construction in a floodway. i. Under the provisions of IC 14-28-1 a permit from the Natural Resources Commission is required prior to the issuance of a local building permit for any excavation, deposit, construction or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing and paving etc. undertaken before the actual start of construction of the building. ii. No action shall be taken by the Zoning Administrator until a permit has been issued by the Natural Resources Commission granting approval for construction in the floodway. Once a permit has been issued by the Natural Resources Commission, the Zoning Administrator may issue the local improvement location permit, provided the provisions contained in sections 21-184 and 21-185 of this article have been met. The improvement location permit cannot be less restrictive than the permit issued by the Natural Resources Commission. (B) If the site is located in an identified floodway fringe, then the Zoning Administrator may issue the local improvement location permit provided the provisions contained in sections 21-184 and 21-185 of this article have been met. The key provision is that the top of the lowest floor of any new or substantially improved structure shall be at or above the flood protection grade (FPG). (C) If the site is in an identified floodplain where the limits of the floodway and floodway fringe have not yet been determined, and the drainage area upstream of the site is greater than one (1) square mile, the Zoning Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources for review and comment. i. No action shall be taken by the Zoning Administrator until either a permit for construction in the floodway or a letter of recommendation citing the 100-year flood elevation and the Ord. No.: 9495-04 Section 21-12 Floodplain Regulations recommended flood protection grade has been received from the Department of Natural Resources. ii. Once the Zoning Administrator has received the proper permit or letter of recommendation approving the proposed development, an improvement location permit maybe issued provided the conditions of the improvement location permit are not less restrictive than the conditions received from Natural Resources and the provisions contained in sections 21-184 and 21-185 of this article have been met. (D) If the site is in an identified floodplain where the limits of the floodway and floodway fringe have not yet been determined and the drainage area upstream of the site is less than one (1) square mile, the Zoning Administrator shall require the applicant to provide an engineering analysis showing the limits of the floodway, floodway fringe and 100- year elevation for the site. i. Upon receipt, the Zoning Administrator may issue the local improvement location permit, provided the provisions contained in sections 21-184 and 21-185 of this article have been met. Sec. 21-12.07 Preventing increased damages. No development in the special flood hazard area shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health and safety. (a) Within the floodway identified on the Flood Boundary and Floodway Map, the Flood Insurance Rate Map, or engineering analysis as provided in section 21-183(2)d, the following standards shall apply: (1) No development shall be allowed which acting alone or in combination with existing or future development, will cause any increase in the elevation of the regulatory flood; and (2) For all projects involving channel modifications or fill, including levees the City of South Bend, Indiana shall submit the data and request that the Federal Emergency Management Agency revise the regulatory flood data. (b) Within all special flood hazard areas identified as "Zone A" (no 100-year flood elevation and/or floodway/floodway fringe delineation has been provided), the following standard shall apply: (1) The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the Ord. No.: 9495-04 Section 21-12 Floodplain Regulations regulatory flood elevation more than one-tenth (0.1) of one (1) foot and will not increase flood damages or potential flood damages. (c) Public health standards in all special flood hazard areas: (1) No development in the special flood hazard area shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection grade, unless such materials are stored in a floodproofed storage tank or building constructed according to the requirements of section 21-185 of this article. (2) New and replacement sanitary sewer lines and on-site waste disposal systems maybe permitted providing all manholes or other aboveground openings are located above the FPG, or those which are located below the FPG are watertight. Sec. 21-12.08 Protecting buildings. In addition to the damage prevention requirements of section 21-184, all buildings to be located in the SFHA shall be protected from flood damage below the flood protection grade. (a) This building protection requirement applies to the following situations: (1) onstruction or placement of any new building having a floor area greater than four hundred (400) square feet; (2) Structural alterations made to an existing (previously unaltered) building, the cost of which equals or exceeds fifty (50) percent of the value of the prealtered building (excluding the value of the land); (3) Any previously altered building (4) Reconstruction or repairs made to a damaged building that are valued at or more than fifty (50) percent of the market value of the building (excluding the value of the land) before damage occurred; (5) Installing a manufactured home on a new site or a new manufactured home on an existing site. This article does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage; and (6) Installing a travel trailer or recreational vehicle on a site for more than one hundred eighty (180) days. 10 Ord. No.: 9495-04 Section 21-12 Floodplain Regulations (b) This building protection requirement maybe met by one of the following methods. The Zoning Administrator shall maintain a record of compliance with these building protection standards as required in section 21-181 of this article. (1) A residential or nonresidential building maybe constructed on a permanent land fill in accordance with the following: (A) The fill shall be placed in layers no greater than one (1) foot deep before compacting to ninety-five (95) percent of the maximum density obtainable with the Standard Proctor Test method. (B) The fill should extend at least ten (10) feet beyond the foundation of the building before sloping below the flood protection grade. (C) The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than three (3) horizontal to one (1) vertical. (D) The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties. (E) The top of the lowest floor including basements, (see definition of lowest floor in section 21-180 Definitions) shall be at or above the flood protection grade. (2) A residential or nonresidential building maybe elevated in accordance with the following: (A) The building or improvements shall be elevated on posts, piers, columns, extended walls, or other types of similar foundation provided: i. Walls of any enclosure below the elevated floor shall be designed to automatically equalize hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, through providing a minimum of two (2) openings (in addition to doorways and windows} having a total area of one (1) square foot for every two (2) square feet of enclosed area subject to flooding. The bottom of all such opening shall be no higher than one (1) foot above grade; and ii. Any enclosure below the elevated floor is used for storage of vehicles and building access. (B) The foundation and supporting members shall be anchored and aligned in relation to flood lows and adjoining structures so as to minimize exposure to lrnown hydrodynamic forces such as buoyancy, current, waves, ice, and floating debris. 11 Ord. No.: 9495-04 Section 21-12 Floodplain Regulations (C) All areas below the flood protection grade shall be constructed of materials resistant to flood damage. The top of the lowest floor (including basement) and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the flood protection grade. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities maybe located below the flood protection grade. (3) Manufactured homes and recreational vehicles to be installed or substantially improved on a site for more than one hundred eighty (180) days must meet one of the following anchoring requirements: (A) The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the flood protection grade and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. This requirement applies to all manufactured homes to be placed on a site: i. Outside a manufactured home park or subdivision; ii. In a new manufactured home park or subdivision; iii. In an expansion to an existing manufactured home park or subdivision; or iv. In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of a flood. (B) This requirement applies to all manufactured homes to be placed on a site in an existing manufactured home park or subdivision that has not been substantially damaged by a flood. The manufactured home shall be elevated so that the lowest floor of the manufactured home chassis is supported by reinforced piers or other foundation elements that are no less than thirty-six (36) inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (4) Recreational vehicles placed on a site shall either: (A) Be on the site for less than one hundred eighty (180) consecutive days; (B) Be fully licensed and ready for highway use (defined as being on its wheels or jacking system, is attached to the site only by quick disconnect 12 Ord. No.: 9495-04 Section 21-12 Floodplain Regulations type utilities and security devices, and has no permanently attached additions); or (C) Meet the requirements for manufactured homes in pazagraph (3) of this section. (5) A nonresidential building maybe floodproofed to the flood protection grade (in lieu of elevating) if done in accordance with the following: (A) A Registered Professional Engineer shall certify that the building has been designed so that below the flood protection grade, the structure and attendant utility facilities aze watertight and capable of resisting the effects of the regulatory flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. (B) Floodproofing measures shall be operable without human intervention and without an outside source of electricity. Sec. 21-12-09 Other development requirements. (a) The Area Plan Commission shall review all proposed subdivisions to determine whether the subdivision lies in a flood hazazd azea as defined elsewhere by Code. If the Area Plan Commission finds the subdivision to be so located, the Area Plan Commission shall forward plans and materials to the Indiana Department of Natural Resources for review and comment. The Area Plan Commission shall require appropriate changes and modifications in order to assure that: (1) It is consistent with the need to minimize flood damages; (2) All public utilities and facilities, such as sewer, gas, electrical, and water systems aze located and constructed to minimize or eliminate flood damage; (3) Adequate drainage is provided so as to reduce exposure to flood hazazds; (4) On-site waste disposal systems, if provided, will be so located and designed to avoid impairment of them or contamination from them during the occurrence of the regulatory flood. (b) Developers shall record the 100-yeaz flood elevation on all subdivision plats containing lands (identified elsewhere by this article) within a flood hazazd area prior to submitting the plats for approval by the Area Plan Commission. (c) All owners of manufactured home or mobile home parks or subdivisions located within the special flood hazard area identified as "Zone A" on South Bend's Flood 13 Ord. No.: 9495-04 Section 21-12 Floodplain Regulations Hazard Boundary Map or Flood Insurance Rate Maps shall develop an evacuation plan for those lots located in the special flood hazard area and shall have it filed and approved by the St. Joseph Emergency Management Agency and further file it with the Area Plan Commission. Sec. 21-12.10 Variances.(a) The Board of Zoning Appeals may consider issuing a variance to the terms and provisions of this article provided the applicant demonstrates that: (1) There exists a good and sufficient cause for the requested variance; (2) The strict application of the terms of this article will constitute an exceptional hardship to the applicant; and (3) The granting of the requested variance will not increase flood heights, create additional threats to public safety, cause additional public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances. (b) The Board of Zoning Appeals may issue a variance to the terms and provisions of this article subject to the following standards and conditions: (1) No variance or exception for a residential use within a floodway subject to section 21-184 of this article maybe granted; (2) Any variance or exception granted in a floodway subject to section 21-184 of this article will require a permit from Natural Resources; (3) Variances or exceptions to the Building Protection Standards of section 21- 185 maybe granted only when a new structure is to be located on a lot of one-half (1/2) acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade; (4) Variance or exception maybe granted for the reconstruction or restoration of any structure individually listed on the Register of Historic Places or the Indiana State Survey of Historic Architectural, Archaeological and Cultural Sites, Structures, Districts, and Objects; (5) All variances shall give the minimum relief necessary and be such that the maximum practical flood protection will be given to the proposed construction; and (6) The Board of Zoning Appeals shall issue a written notice to the recipient of a variance or exception that the proposed construction will be subject to increased risks to life and property and could require payment of increased flood insurance premiums. 14 Ord. No.: 9495-04 Section 21-12 Floodplain Regulations Sec. 21-12.11 Disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this article does not create any liability on the part of the City of South Bend, Indiana, the Indiana Department of Natural Resources, or the State of Indiana, for any flood damage that results from reliance on this article or any administrative decision made lawfully thereunder. Sec. 21-12.12 Violations. Failure to obtain an improvement location permit in the special flood hazard area or failure to comply with the requirements of a permit or conditions of a variance shall be deemed to be a violation of this article. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the Zoning Code for the City of South Bend, Indiana. (a) A separate offense shall be deemed to occur for each day the violation continues to exist. (b) The Zoning Administrator shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended. (c) Nothing herein shall prevent the City of South Bend, Indiana from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. Sec. 21-12.13 Abrogation and greater restrictions. This article repeals and replaces other ordinances adopted by the City of South Bend, Indiana to fulfill the requirements of the National Flood Insurance Program. However, this article does not repeal the original resolution or ordinance adopted to achieve eligibility in the Program. Nor does this article repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this article and other ordinance easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall take precedence. In addition, the City of South Bend, Indiana shall assure that all National Flood Insurance Program regulations and laws (310 IAC 6-1-1, IC 14-28-1 and IC 14-28-3) are met. Sec. 21-191. Separability. The provisions and sections of this article shall be deemed separable and the invalidity of any portion of this article shall not affect the validity of the remainder. 15 Ord. No.: 9495-04 Section 21-13 Histroric Preservation Commission ARTICLE 13 HISTORIC PRESERVATION COMMISSION SECTION 21-13 HISTORIC PRESERVATION COMMISSION Section 21-13.01 Established; membership; compensation, tenure of office; filling vacancies. (a) There is hereby established an Historic Preservation Commission with the membership and powers and duties as set forth in this article. (b) Membership: (1) Not later than thirty (30) days after the effective date of Ordinance No. 5565-73, a nonpartisan Historic Preservation Commission of nine (9) members shall be appointed, all of whom shall be interested and knowledgeable in historic preservation in the local area. The membership shall be appointed as follows: (A) The Mayor and the Common Council of the City of South Bend and the Council and Board of Commissioners of St. Joseph County shall each appoint two (2) at-large members, designating not more than one (1) member from any major political party and giving consideration to persons residing in areas having historic significance; and (B) The eight (8) members appointed above shall in turn appoint the ninth member, who shall be an architectural historian. (2) The members of the Historic Preservation Commission shall serve without compensation for terms of three (3) years; provided, however, that the initial appointments shall be made for staggered terms, as follows: (A) The Mayor and the Common Council of the City of South Bend and the Council and the Board of Commissioners of St. Joseph County shall each make one appointment for a term of one (1) year and one appointment for a term of two (2) years; and (B) The ninth member shall be appointed for a term of three (3) years. (3) If a vacancy occurs by resignation or otherwise, the unexpired term shall be filled within thirty (30) days of such vacancy by the appropriate appointing body. (4) Whenever a Commissioner fails to attend four (4) consecutive, regularly scheduled meetings, the Historic Preservation Commission may determine Ord. No.: 9495-04 Section 21-13 Historic Preservation Commission the position to be vacant and certify to the appropriate appointing body that the position is vacant and the appropriate appointing body shall, within thirty (30) days after receipt of notice from the Commission, appoint another and different Commissioner for the remainder of the term. Section 21-13.02 Powers and duties The Historic Preservation Commission shall have the following powers and duties (a) Adopt bylaws for carrying out the powers and duties set forth in this section. (b) Reserved. (c) The Commission shall hold at least four (4) advertised public hearings to provide the public with an opportunity of becoming aware of Commission business and to make their views known. (d) Survey, identify, plan for and advise the Common Council and the Area Plan Commission concerning the establishment of Historic Preservation Districts. Survey, identify, plan for and advise the Common Council concerning the designation of historic landmarks. (1) The Historic Preservation Commission shall recommend the designation of historic landmarks and the establishment of Historic Preservation Districts on the basis of historical and cultural significance, educational value and suitability for preservation. (2) Historic landmarks shall be designated and Historic Preservation Districts shall be established by the Common Council through the passage of an ordinance. Said ordinance shall be initiated in the usual manner: By the Common Council; by a petition of the owners of fifty (50) percent or more of the subject area; or by the Area Plan Commission. (3) If any proposed ordinance is introduced to the Common Council for the purpose of creating a new Historic Preservation District, or repealing, altering, or modifying an established Historic Preservation District, then prior to referral to the Area Plan Commission, the proposed ordinance shall be referred by the Common Council to the Historic Preservation Commission which shall hold a public hearing within ninety (90) days of the referral, unless such public hearing was conducted by the Historic Preservation Commission prior to introduction of the proposed ordinance which shall satisfy this requirement of a public hearing. The public hearing before the Historic Preservation Commission shall be for the purpose of hearing comments on the proposed ordinance and for the purpose of 2 Ord. No.: 9495-04 Section 21-13 Histroric Preservation Commission delivering either a favorable or unfavorable recommendation to the Common Council. Notice of such hearing shall be given to all owners of property in the affected Historic Preservation District. Failure of the Historic Preservation Commission to deliver a recommendation within ninety (90) days following referral by the Common Council shall be considered a favorable recommendation. (4) If any proposed ordinance is introduced to the Common Council for the purpose of creating a new historic landmark, or repealing, altering, or modifying an established historic landmark, then prior to the Common Council's public hearing, the proposed ordinance shall be referred by the Common Council to the Historic Preservation Commission which shall hold a public hearing within ninety (90) days of the referral, unless such public hearing was conducted by the Historic Preservation Commission prior to introduction of the proposed ordinance which shall satisfy this requirement of a public hearing. The public hearing before the Historic Preservation Commission shall be for the purpose of hearing comments on the proposed ordinance and for the purpose of delivering either a favorable or unfavorable recommendation to the Common Council. Notice of such hearing shall be given to all owners of the affected historic landmark. Failure of the Historic Preservation Commission to deliver a recommendation within ninety (90) days following referral by the Common Council shall be considered a favorable recommendation. (5) (A) Upon the earlier of the reading of a proposal for a historic landmark before the Historic Preservation Commission or upon the filing of an ordinance before the Common Council for the purpose of creating a new historic landmark, the Commission may declare such proposed new historic landmark to be under interim protection. (B) Not more than two (2) working days after declaring a building, structure, or site to be under interim protection under this section, the Historic Preservation Commission shall provide the owner of the building, structure or site with a written notice of declaration by personal delivery or certified mail. The Historic Preservation Commission shall also notify the Common Council and the St. Joseph County/South Bend Building Department. In the event the owner cannot be located after due diligence, the Historic Preservation Commission or the City Department of Code Enforcement which shall affix a notice of interim protection to the building, structure, or site. Written notice under this subsection b. must: i. Cite the authority of the Historic Preservation Commission to put the building, structure, or site under interim protection under this section; Ord. No.: 9495-04 Section 21-13 Historic Preservation Commission ii. Explain the effect of putting the building, structure, or site under interim protection; and iii. Indicate that the interim protection is for a maximum period of six (6) months. (C) A building or structure put under interim protection under subsection a. remains under interim protection for a period of six (6) months, or until an ordinance designating the landmark is approved or rejected by the Common Council, whichever occurs first. (D) While a building, structure, or site is under interim protection under this section; i. The building, structure, or site may not be demolished or moved; and ii. The exterior appearance of the building, structure, or site may not be conspicuously changed by: (a) Addition; (b) Reconstruction; or (c) Alteration. (E) The Commission may approve a Certificate of Appropriateness at any time during the period of interim protection, provided the proposed change meets the criteria for considering effect of actions on historic buildings in subsection 21-117.2(e) of this section and any proposed preservation guidelines prepared by the Historic Preservation Commission for the affected building, structure, or site. (e) Within "HP" Historic Preservation Districts, or as to historic landmarks, the Historic Preservation Commission shall have the following powers and duties: (1) The Historic Preservation Commission shall issue a certificate of appropriateness before any one of the following actions is taken: the construction, reconstruction, alteration, demolition or moving of any exterior feature of any building, structure, or use. Certificates of appropriateness shall be issued in accordance with the stipulations of this article, and the submission of a certificate of appropriateness shall be Ord. No.: 9495-04 Section 21-13 Histroric Preservation Commission accompanied by fees as prescribed by the Historic Preservation Commission. A listing of such fees shall be kept on file in the Office of the Historic Preservation Commission and the City Clerk's Office. Such listing shall be kept current and shall be available for public inspection during regular business hours of said offices. (2) Nothing in this article shall be construed to prevent the ordinary maintenance and repair of any building, structure or use which will not involve a change in any exterior features or to prevent the construction, reconstruction, alteration, demolition, or moving of any building, structure or use which the Building Commissioner or other official having such power may certify as required by the public safety because of an unsafe or dangerous condition. Where the Historic Preservation Commission deems it necessary, the Commission may petition the Common Council for a temporary delay in the issuance of the required permit(s) for proposed construction, reconstruction, alteration, demolition or moving of a designated historic landmark for the purpose of preparing a preservation plan for said landmark. Such petition shall be for a specified period of time. The Common Council shall grant the Commission's petition when it finds: (A) That such action will not cause the owner of the subject property to suffer hardship; and (B)That such delay will not be injurious to the public health, safety or welfare; and (C) That in keeping with the intent of this article, such action is necessary and appropriate. In no case may the delay granted by the Common Council exceed one (1) year, but the Commission may petition the Common Council for a continuation of any such delay granted by the Common Council in accordance with the same procedures set forth above for the initial petition. (3) An application for a building permit, demolition permit, sign permit or moving permit shall also be deemed to be an application for a certificate of appropriateness. Within five (5) working days of receipt of such application relative to a building, structure or use in said district, the Building Commissioner shall forward the application to the Historic Preservation Commission for review and action pursuant to section 21-117.2(e)(5), below. Ord. No.: 9495-04 Section 21-13 Historic Preservation Commission (4) Where no other permit is required, an application for a certificate of appropriateness shall be filed with the Historic Preservation Commission on the form prescribed by the Commission. Said applicant shall include the following information: (A) Name, address and telephone number of the applicant (B) Location of the subject building, structure or use; (C) Structural drawings and specifications, floor plans, elevations, cross- sectionalplans, renderings, diagrams or other such plans; (D) Samples of materials to be used, including colors; (E) Where the proposed change includes a sign, a scale drawing showing the location of the sign on the structure or property, the type of lettering, and the method of illumination; and (F) Other such information as the Historic Preservation Commission may require under the provisions of this article. (5) The Historic Preservation Commission shall consider the application within forty-five (45) days following its receipt of the application for a certificate of appropriateness, and shall either: (A) Issue a certificate of appropriateness stating that the proposed construction, reconstruction, alteration, demolition, or moving is in conformance with the provisions of this article and authorize the Building Commissioner to issue a building permit, demolition permit, sign permit or moving permit if required; or (B) Deny the application, stating in writing the reason(s) for such denial. Upon such denial, the applicant may appeal said denial to the Common Council which shall make a final determination of the application. Failure of the Historic Preservation Commission to take such action within sixty (60) days after receipt of the application by the Commission shall constitute approval of the application. In making such determination, the Historic Preservation Commission shall consider the following: i. Appropriateness of the proposed construction, reconstruction, alteration, demolition or moving to the preservation of the historic Ord. No.: 9495-04 Section 21-13 Histroric Preservation Commission landmark, specifically, and/or the Historic Preservation District, generally; ii. The detriment to the public welfare if the proposed construction, reconstruction, alteration, demolition or moving is permitted even though it is not deemed appropriate; and iii. The potential hardship that the denial of a certificate of appropriateness would cause the applicant. (6) Reserved. (7) The Historic Preservation Commission may petition the Building Commissioner or his designee and the Department of Code Enforcement to cause the maintenance and/or repair of any historic landmark or property in Historic Preservation District(s). All appropriate legal remedies at the state and local levels shall be utilized by such officials when seeking compliance with standards established for preserving and protecting historic landmarks and Historic Preservation Districts as further addressed in subparagraph (f) herein, which are in accordance with the intent of this article. (8) Within each of the Historic Preservation Districts established in accordance with the provisions of this article, the Historic Preservation Commission shall establish Neighborhood Development Committees to advise the Historic Preservation Commission in matters relative to the district which the Committee represents. (f) Establish reasonable and just standards for the preservation of historic landmarks and Historic Preservation Districts, including architectural treatment, site development requirements, and provisions concerning construction, reconstruction, alteration, demolition or removal of any building or structure, or parts thereof. Provided, however, that: (1) The Historic Preservation Commission may adopt only those standards necessary to prevent such construction, reconstruction, alteration, demolition, or removal which is not in keeping with the purpose and intent of this article; and (2) Such standards shall be applicable only to the exterior features of historic landmarks and of buildings or structures within Historic Preservation Districts. Ord. No.: 9495-04 Section 21-13 Historic Preservation Commission (g) Develop historic preservation plans for historic landmarks and districts and, together with other public or private agencies or officials, assist in the administration and implementation of such plans. (h) Promote public interest in historic preservation by initiating and carrying on a public relations and community education program. (i) Advise and assist owners of historic landmarks in the preservation of those landmarks. j) Accept through gift, grant, legacy, bequest or endowment, monies and preservation easements in real property for the purpose of the preservation of historic landmarks and Historic Preservation Districts. Expenditures of such money, regardless of the source, must be deposited in a special Historic Preservation Commission account, and receive prior approval from the Common Council before expenditures maybe made. (k) The provisions of this article shall be enforced as provided by Article 9 of this chapter. (1) The Historic Preservation Commission, as the local government certified by the Indiana State Historic Preservation Officer and the Secretary of the Interior of the United States, shall process National Register of Historic Places Inventory-- Nomination Forms in accordance with regulations established by the Historic Preservation Commission consistent with the Indiana Certified Local Government Regulations. (m) The Historic Preservation Commission shall receive and accept preservation easements, determined by the Commission to be appropriate and acceptable, as follows: (1) The preservation easements shall be created and conveyed in accordance with the provisions of Indiana Code 32-5-2.6-1 et seq. ("Act"); (2) The Commission shall receive, accept, administer, monitor and enforce the preservation easements in accordance with the provisions of the Act and rules and regulations adopted by the Commission; (3) The Commission may charge any person granting a preservation easement to the Commission a filing and administration fee reasonably related to the Commission's costs of processing, recording and periodically reviewing and monitoring the preservation easement; Ord. No.: 9495-04 Section 21-13 Histroric Preservation Commission (4) The Commission may enforce the terms and provisions of the documents creating any preservation easement and may collect from the person or persons against whom such enforcement is sought the Commission's costs of enforcement, including without limitation court costs and attorneys' fees, and the document creating any preservation easement accepted by the Commission shall provide for the payment of such enforcement costs; (5) The Commission may accept a preservation easement only if all persons with an interest in the subject real property at the time that the easement is granted join in the grant and conveyance of the easement to the Commission; and (6) As used in this subsection (m), "preservation easement" means a nonpossessory interest of the Historic Preservation Commission in real property imposing limitations or affirmative obligations for the purpose of preserving the historical, architectural, archeological, or cultural aspects of such real property. Section 21-13.03 Annexed landmarks. Where the Historic Preservation Commission has designated a historic landmark in Saint Joseph County, and the real estate on which the landmark is situated or comprised is subsequently annexed to and brought within the boundaries of the City of South Bend, such landmark shall upon annexation to the City of South Bend, become a historic landmark of the City of South Bend subject to regulation under this section. The Historic Preservation Commission shall notify the owner of such real estate in writing by certified mail of the City of South Bend's landmark designation. 9 Ord. No.: 9495-04 Section 21-14 Subdivisions ARTICLE 14 SUBDIVISIONS SECTION 21-14 SUBDIVISIONS Section 21-14.01 General Provisions (a). Short title and purpose. (1) The ordinance codified in this article shall be known and cited as the "City of South Bend Subdivision Regulations." (2) The purpose of this title [article] shall be to provide rules, regulations, and standards in order to achieve orderly development in the City through land subdivision; to promote the utilization of land to assure to the residents of the City the best possible environment; to cause land subdivision to be made in accordance with the Land Use and Transportation Plan of the City; and to promote the health, safety and general welfare of the City. It shall be administered to ensure the orderly growth and development, the conservation, protection and proper use of land by adequate provision for circulation, utilities and services. (b) Administrative authority. (1) The Area Plan Commission, by virtue of Acts of 1957, Chapter 138 of the Indiana General Assembly, as amended, is established as the administrative agency for this title [article]. (c) Jurisdiction; subdivision compliance required. (1) This article shall apply to all subdivision of land within the corporate limits of the City, as now or hereafter established. (2) No subdivision, resubdivision, or replat of any lot, tract or parcel of land shall be effected, nor shall any street, sanitary sewer, storm sewer, water main or other facility in connection therewith be laid out, constructed, opened or dedicated for public use or travel, or for the common use of occupants of buildings abutting thereon, except in strict accordance with the provisions of this title [article]. (3) No lot in a subdivision shall be sold, nor shall a permit to erect, alter or repair any building upon land in a subdivision be issued, unless and until a subdivision has been approved and recorded, and until the improvements Ord. No.: 9495-04 Section 21-14 Subdivisions required by the City in connection therewith have either been constructed or guaranteed as provided in this title [article]. However, if a major subdivision has received primary approval, permits for model homes maybe issued, provided that no more than two (2) permits are in existence at any one time, and that such homes are not occupied until the subdivision has been given secondary approval and has been recorded, as provided in this title [article]. (d} Interim subdivision procedure (1) Any minor or final subdivision certified as complying with the subdivision control ordinance by the Commission after September 1, 1982, and prior to the effective date [November 8, 1982] of this ordinance [article], and recorded prior to the effective date [November 8, 1982] of this ordinance [article], shall be given secondary approval by the Committee, without any additional filing fee or application. The Committee shall affix the Commission `s seal and certificate of approval upon the original drawing, rerecord the subdivision, at no cost to the subdivider or his registered land surveyor, per the requirements of section 21-145(j) and provide the written notice, signed by the Secretary of the Committee, that the subdivision has received secondary approval and been rerecorded. (2) Any preliminary subdivision certified as complying with the subdivision control ordinance by the Commission after September 1, 1982, and prior to the effective date [November 8, 1982] of this ordinance [article], shall be given primary approval by the Committee, without any additional filing fee or application. The Staff shall affix the Commission's seal and certificate of approval upon two (2) copies of the subdivision, provide the subdivider with written notice, signed by the Secretary of the Committee, that the subdivision has received primary approval, provide the subdivider's registered land surveyor with a copy of the sealed and certified subdivision. The second copy of the sealed and certified subdivision shall be retained in the records of the Commission. The Staff shall also include a report in the Commission's records which shall include, but not be limited to, the date, time and place the subdivision has been given a public hearing; a list of individuals who received notice of the public hearing; a list of those who remonstrated at the public hearing, and their points of remonstrance; the Commission's disposition of the remonstrance and preliminary subdivision; that the individuals who received a notice of the Commission's public hearing are the same that would have received notice of a Committee public hearing as "Interested parties"; and, that the subdivision was approved by the Commission which, in fact, has the authority to approve the subdivision by virtue of this ordinance [article] and State law. Ord. No.: 9495-04 Secrion 21-14 Subdivisions Section 21-14.02 Definitions (a) Definitions as used in this article: (1) Appropriate agencies means those agencies designated by ordinance or the Staff to review subdivisions and may include, but is not limited to the following: County Surveyor, County Engineer, City Engineer, State Department of Natural Resources, State Division of Aeronautics. (2) Assessor's office means the Assessor's office of the County. (3) Block means a tract of land bounded by streets or by a street or streets and any combination of boundary lines of public or institutionally owned lands, railroad rights-of--way, rivers and lakes, and other lines of demarcation. (4) Board means the Board of Public Works, City of South Bend, Indiana. (5) Building setback line means the area in which no permanent structure shall be constructed or located. (6) City means the City of South Bend, Indiana. (7) City Engineer means the City Engineer of the City of South Bend, Indiana. (8) Commission means the Area Plan Commission of St. Joseph County, Indiana. (9) Commission's certificate of approval means the certificate block signed by the President of the Commission or the Chairman of the Committee and attested to by the Secretary of the Commission or Committee, as appropriate. (10) Commission's seal means the official seal of the Commission (11) Committee means the Plat Committee of the Area Plan Commission. (12) Council means the Common Council of the City of South Bend, Indiana. (13) County means St. Joseph County, Indiana. (14) County Surveyor means the County Surveyor of St. Joseph County, Indiana. (15) Crosswalk means aright-of--way dedicated to public use, which cuts across a block to facilitate pedestrian access to adjacent streets and properties. Ord. No.: 9495-04 Section 21-14 Subdivisions (16) Department of Natural Resources means the State Department of Natural Resources. (17) Easement means a grant by a property owner to the general public and/or public utility or utilities for the use of land for a specifically stated purpose or purposes. (18) Federal Insurance Administration means the administrative office of the National Flood Insurance Program. (19) Flood or floodwater means the water of any river or stream which is above its banks and/or outside its channels and banks. (20) Flood hazard area means that portion of a floodplain which is not adequately protected from flooding by means of dikes, levees, reservoirs, or other works approved by the Natural Resources Commission. (21) Floodplain means the area adjoining a river or stream which has been or which may hereafter be flooded, and is so designated by the Federal Insurance Administration and/or the Natural Resources Commission. (22) Interested parties means: (A) For a major subdivision: i. Property owners within three hundred (300) feet of the proposed major subdivision; ii. Staff of the Area Plan Commission; iii. Subdivider. (B) For minor subdivisions and subdivision replats: i. Staff of the Area Plan Commission; ii. Subdivider. (23) Land Use and Transportation Plan means a composite, or segment thereof, of the mapped and written proposals and recommendations of the Commission relative to the growth and development of the County including the City of South Bend. Ord. No.: 9495-04 Section 21-14 Subdivisions (23.1) Lot of record means: (A) Any lot, in its entirety, of a subdivision that was recorded in the Recorder's Office prior to the adoption of this ordinance. (B) A parcel described by a metes and bounds description, or as lots or any combination of parts of lots of an unrecorded subdivision provided that all of the following provisions are complied with: i. Recorded evidence of ownership describing the parcel as a single and separate ownership was recorded in the Recorder's Off ce prior to June 13, 1949; and ii. The current legal description describes the parcel as recorded in the Recorder's Office on or before June 13, 1949; and iii. The parcel has frontage along an improved, dedicated, and accepted public road. (C) A parcel described by a metes and bounds description, or as lots or any combination of parts of lots of an unrecorded subdivision provided that all of the following provisions are complied with: i. Recorded evidence of ownership describing the parcel as a single and separate ownership was recorded in the Recorder's Office after June 13, 1949, but on or before December 11, 1961; and ii. The current legal description describes the parcel as recorded in the Recorder's Off ce after June 13, 1949, but on or before December 11, 1961; and iii. The parcel consists of at least six thousand (6,000) square feet; and iv. The parcel has frontage along an improved, dedicated, and accepted public road. (D) A parcel described by a metes and bounds description, or as lots or any combination of parts of lots of an unrecorded subdivision provided that all of the following provisions are complied with: i. Recorded evidence of ownership describing the parcel as a single and separate ownership was recorded in the Recorder's Office on or before July 27, 1966; and Ord. No.: 9495-04 Section 21-14 Subdivisions ii. The current legal description describes the parcel as recorded in the Recorder's Off ce on or before July 27, 1966; and iii. The parcel meets or exceeds the lot area and width requirements of the zoning district in which the parcel is located; and iv. The parcel has frontage as required by the zoning ordinance along an improved, dedicated, and accepted public road. (E) A parcel of land described by a metes and bounds description, or as a lot or lots or any combination of parts of lots of an unrecorded or recorded subdivision that does not meet any of the other sections of this definition and provided that prior to the adoption of this ordinance the following were met: i. Recorded evidence of ownership describing the property as a single and separate ownership was recorded in the Recorder's Office; and ii. A primary building existed on the property. (F) A lot of record as defined in items A. through E. above which is reduced in area as a result of action by a governmental unit or entity. (24) Lot means a parcel or portion of land separated from other parcels or portions by description as on a subdivision of record or survey map or by metes and bounds for purposes of sale, lease or separate use. (25) Lot, double frontage means a lot, other than a corner lot, which fronts on two (2) streets. (26) Major subdivision means a division of land either by metes and bounds description or by plat, into two (2) or more lots or parcels for the purpose, whether immediate or future, of conveyance, transfer, improvement or sale; provided, however, that a division of land for agricultural purposes in parcels of more than ten (10) acres, shall be exempted. The term "subdivision" shall also include redivision of land. (27) Minor subdivision means a division of land, over any period of time, into two (2) or more lots or parcels, not requiring any new streets, alleys, roads, or involving the extension of any municipal facilities, and not adversely affecting the development of the remainder of the parcel or any adjoining property. 6 Ord. No.: 9495-04 Section 21-14 Subdivisions (28) Nonaccess easement means a public easement along a public right-of--way across which access to the property is not permitted. (29) Outlot means a nonbuildable lot. (30) Owner means any individual, firm, association, syndicate copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this title [article]. (31) Performance guarantee means any guarantee which maybe accepted in lieu of a requirement that certain improvements be made before the Committee gives secondary approval to the subdivision, including by way of illustration, but not limited to, tax performance bonds, escrow agreements, deposit agreements and other similar collateral or surety arrangements approved as valid and enforceable by the Board. (32) Plat Committee means a group of governmental officials appointed by the Commission to hold hearings on and approve subdivisions on behalf of the Commission. (33) Public sewer means a sewage disposal system which is operated or owned by the City, but does not include a City sewer installed for the purpose of carrying surface water runoff and subsoil drainage. (34) Public utility means a firm, corporation, municipal department or board duly authorized to furnish, or furnishing under regulation to the public, electricity, gas, steam, communication (including CATV), transportation, drainage, sewer and water. (35) Public water means a water supply system which is constructed, installed, maintained, operated and owned under the jurisdiction of the Public Services Commission of Indiana. (36) Recorder's office means the Recorder's office of the County. (37) Registered engineer means an engineer who is licensed in compliance with the laws of the State. (38) Registered land surveyor means a surveyor who is licensed in compliance with the laws of the State. (39) Regulatory flood means the one-hundred-year flood as designated by the Federal Insurance Administration. Ord. No.: 9495-04 Section 21-14 Subdivisions (40) Replat means the process of allowing for an adjustment of a lot line or lines, and easements, as shown on a recorded subdivision, which: (A) Does not affect any street layout, whether existing or proposed; and (B) Does not increase the total number of lots within the area proposed to be replatted. (41) Rerecording means the process allowing for an adjustment of an easement or easements, or correction of a drafting or typographical error, as shown on an approved and recorded subdivision, which does not affect the size or configuration of the lot or lots in question. (42) Reserve strip means an area of land adjacent to a public right-of--way which is retained in ownership by an individual for the purpose of denying access to the adjacent land. (43) Staff means the Staff of the Area Plan Commission of St. Joseph County. (44) Standards means a specific and detailed listing of materials and construction methods for subdivision improvements and standards of construction and design, as adopted by the Board. (45) Streets and alleys means ways for vehicular traffic dedicated to the public use providing the principal means of access to abutting property. (A) Major streets are those which are used primarily for fast or heavy traffic. (B) Collector streets (or distributor streets) are those which are used to carry traffic from minor streets to major streets and highways, including the principal entrance streets to a residential development and circulation streets within such developments. (C) Minor streets are those used primarily for access to the abutting property. (D) Marginal access streets are minor streets which are parallel to and adjacent to major streets and highways, and which provide access to abutting property and protection from through traffic. (E) Alleys are minor ways which are used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. Ord. No.: 9495-04 Section 21-14 Subdivisions (F) Loop streets are streets which begin at an intersection with another street, run thence to make a loop or "U" of various shapes or properties, and thence reintersect the street of origin at another point. (G) Culs-de-sac are short streets having one end opened to traffic, the other end being permanently terminated by a vehicle turnaround. (46 Subdivider means the owner or the authorized agent for the owner of a subdivision. (47) Zoning ordinance means the zoning ordinance of the City of South Bend, Indiana. Section 21-14.03 Design Standards (a) Minimum standards (1) The subdivider shall observe the following minimum requirements and standards. All subdivisions approved by the Commission shall comply with the following: (A) The subdivision shall conform to the applicable provisions of the zoning ordinance and the Land Use and Transportation Plan. (B) In all subdivisions every consideration shall be given to attempt to preserve the natural environment and historic monuments as designated by the State or National Registry of Historic Buildings and Monuments and as designated by local authority. (C} The subdivision shall be coordinated with existing developments or neighborhoods. (D) In the review of subdivisions, the Commission shall give consideration to the needs and requirements for the following open space uses and community facilities, including but not limited to: i. Playlots and neighborhood parks based upon the standards recommended in the Land Use and Transportation Plan; ii. School sites, other public and semipublic buildings and facilities and locations for water supply systems, sewage treatment facilities and drainage facilities in accordance with Land Use and Transportation Plan. 9 Ord. No.: 9495-04 Section 21-14 Subdivisions (E) Where a proposed park, playground, school or other public use shown in the Land Use and Transportation Plan is located in whole or in part in a subdivision, or where deemed essential by the Commission upon consideration of the particular type of development proposed in the subdivision. The Commission may require the reservation for a period of time, not to exceed fifteen (15) months, of such areas within the subdivision of character, extent and location suitable to the needs required by such development and may further require the subdivider to sell to the proper City agency the land at the cost of unimproved land, plus the taxes accumulated from the date of recording, plus their share of street improvements. Such reservations shall be clearly shown on the plat of the subdivision. (b) Street requirements (1) The arrangement, character, extent, width, grade, and location of all streets shall be correlated to existing and planned streets, existing topography, public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. (2) Minor streets shall be laid out so that their use by through traffic will be discouraged. (3) Where a subdivision borders on or contains an existing or proposed street as shown in the Land Use and Transportation Plan, the Commission may require a marginal access street or reverse frontage with screen planting contained in a nonaccess reservation, which shall have a minimum width of ten (10) feet along the rear property line, or such other treatment as may be adequate for protection of residential properties and to afford separation of through and local traffic. (4) Where a subdivision borders on or contains a railroad right-of--way or limited access highway right-of--way, the Commission may require a street approximately parallel to and on each side of such right-of--way at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts. Such distances shall be determined with due regard for the requirements of approved grades and future grade separation. The Commission may require that control of the intervening land strips be placed in the City under conditions approved by the Commission. (5) Street jogs with centerline offsets of less than one hundred and fifty (150) feet shall be prohibited. 10 Ord. No.: 9495-04 Section 21-14 Subdivisions (6) A tangent at least one hundred (100) feet long shall be introduced between reverse curves on major thoroughfares. All minor streets shall have a tangent of at least fifty (50) feet long on reverse curves. (7) When connecting street lines deflect from each other at any one point by more than ten (10) degrees in alignment, they shall be connected by a curve with a minimum radius of eight hundred (800) feet for major streets and two hundred (200) feet for minor streets. (8) On major streets the minimum sight distance for vertical curves shall be six hundred (600) feet measured from a point five (5) feet above the centerline of the roadway. The minimum sight distance for other streets shall be three hundred (300) feet measured from five (5) feet above the centerline of the roadway. (9) The maximum grade on major streets shall not exceed six (6}percent. The maximum grade on other streets and alleys shall not exceed eight (8) percent, and the minimum grade of any street gutter shall not be less than three-tenths (0.3) of one (1) percent. Proposed streets shall be adjusted to the contour of the land to produce useable lots and streets of reasonable gradient. (10) Half-streets and half-alleys shall be prohibited. Whenever ahalf-street is adjacent to a tract to be subdivided, the other half (1/2) of the street shall be platted within such tracts. (11) Culs-de-sac and dead-end streets, designed to be so permanently, shall generally not be longer than six hundred (600) feet. All dead-end streets shall terminate in a circular right-of--way within a minimum radius of fifty (50) feet with an effective turning radius of forty (40) feet. (12) The minimum right-of--way width of all streets shall be as scheduled under section 21-159(b). (13) All street intersections shall, where possible, be made at right angles but in no case shall the acute angle be less than eighty (80) degrees. (14) No new street shall have a name which duplicates or so nearly duplicates so as to be confused with any existing street in the incorporated and unincorporated areas of the County, unless the new street is to be an extension of an existing street. Loop streets and cols-de-sac which are an extension of existing streets but will never be continued shall not duplicate the name of the existing street. Continuous streets which have major 11 Ord. No.: 9495-04 Section 21-14 Subdivisions directional changes shall require a change in street name for each directional change. (c) Alleys; standards (1) Alleys shall be provided in commercial and industrial districts, except that the Commission may waive this requirement if other definite and assured provision is made for service access such as off-street loading, unloading and parking, consistent with and adequate for the uses proposed. (2) Alleys shall be prohibited in residential areas except where topographical or other conditions may necessitate their use. (3) The width of an alley shall not be less than twenty (20) feet. (4) Alley intersections with sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement. (5) Dead-end alleys shall be prohibited except when provided with forty-foot outside turning radius at the dead end. (d) Easements; standards (1) Easements centered on rear or side lot lines shall be provided for utilities where necessary and shall be at least five (5) feet wide on both sides of the property lines. Easements shall be continuous to the street at the end of the block to connect with adjoining blocks in the shortest direct line. (2) Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided an adequate storm water easement or drainage right-of--way conforming substantially with the lines of such watercourse. Parallel streets or parkways may be required in connection therewith. (e) Blocks; standards (1) The width of blocks shall be sufficient to allow two (2) tiers of lots, except where reverse frontage on a major thoroughfare is required. (2) Where effective use of land does not require otherwise, blocks in residential subdivisions shall not exceed sixteen hundred (1,600) feet in length. (3) In the event of block length exceeding one thousand (1,000) feet where the blocks are not arranged in the direction of natural traffic flow, a crosswalk 12 Ord. No.: 9495-04 Section 21-14 Subdivisions or pedestrianway not less than ten (10) feet in width may be required near the center and entirely across any block. Such pedestrianway shall be dedicated and paved to a width of five (5) feet. (fJ Lots; standards (1) Residential lots shall in no case be less than sixty (60) feet in width at the building line, nor contain less than six thousand (6,000) square feet in area. (2) Corner lots shall in no case be less than sixty-five (65) feet in width at the building line, nor contain less than seven thousand (7,000) square feet in area. (3) The depth to width ratio of the useable area, i.e., the area which is not unuseable for normal building, service, recreational, or similar activities by reason of the existence of geologic, topographic, drainage, or other similar conditions, of a lot in a residential district shall be a maximum of two and one-half (2.5) to one (1.0), except where a variance becomes necessary for the purpose of using up odd-shaped parcels. (4) Side lines of all lots shall be at right angles or radials to street lines, when possible. (5) Every lot shall abut on a public street. (6) Double frontage lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least`ten (10) feet in width, across which there shall be no access, shall be provided along the line of lots abutting such traffic arteries or other disadvantageous use. (7) Where larger than normal lots are proposed, they shall be of such shape and dimensions that future streets may be platted along lot lines. (8) Lots shall be numbered consecutively throughout the entire subdivision (g) Subdivisions in flood hazard areas (1) Proposed subdivisions shall be reviewed to determine whether the subdivision lies in a flood hazard area. If the subdivision is to be located in a flood hazard area, the subdivider's registered land surveyor shall forward pertinent plans and materials to the Department of Natural Resources for review and comment. Appropriate changes and modifications maybe 13 Ord. No.: 9495-04 Section 21-14 Subdivisions required in order to assure that the development of the subdivision is consistent with the need to minimize flood damages; all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; adequate drainage is provided so as to reduce exposure to flood hazards; and that on-site waste disposal systems, if provided, will be so located as to avoid impairment of them or contamination from them during the occurrence of the regulatory flood. (2) All subdivisions to be located in a flood hazard area shall have the elevation of the one hundred-year flood stated and the area delineated thereon. Section 21-14.04 Minor Subdivisions (a) Consultation encouraged (1) Prior to the submission of a minor subdivision, the subdivider is encouraged to consult informally with the Staff: This will create an understanding between the Staff and the subdivider which may help to alleviate future misunderstandings and extensive revisions. (b) Application (1) The subdivision shall be submitted to the Committee at least twenty-one (21) days prior to the Committee meeting at which it maybe considered. The submission shall contain the following: (A) Drawing. An original ink drawing on twenty-four-inch bythirty-six- inch vellum, linen or mylar film, at a scale of one (1) inch equals fifty (50) feet, with five (5) prints of the drawing showing: i. Name of the subdivision, which shall not duplicate or closely approximate the name of any other subdivision within the incorporated and unincorporated areas of the County. ii. Legal description of the subdivision which shall include section, township, range and governmental township. 14 Ord. No.: 9495-04 Section 21-14 Subdivisions iii. Township, range or section line accurately tied to the subdivision by bearing and distances in feet and hundredths thereof. iv. Boundary of subdivision, based on accurate traverse survey with angular and lineal dimensions in feet and hundredths thereof. The traverse survey shall be closed to a minimum accuracy of 1:10,000. A boundary closure sheet shall be provided. v. Lot dimensions in feet and hundredths thereof, angles or bearings expressed in degrees, minutes and seconds. vi. Lot numbers. vii. Dimensioned building setback lines. viii.All easements dimensioned and labeled as for their specific uses. ix. All right-of--way lines and widths ofrights-of--way, existing and required for dedication. x. Name, address, seal and certification of the registered land surveyor preparing the subdivision, in a manner prescribed by the Commission. xi. Deed of dedication, in a manner prescribed by the Commission. xii. Owner's certification, in a manner prescribed by the Commission. xiii. Notarization and seal, in a manner prescribed by the Commission. xiv. Scale, graphic bar scale, north point and date. xv. Elevation of the one hundred-yearJlood, when applicable. xvi. All printed numbers, letters and typed information shall be a minimum size of a 120 Leroy template or equivalent so that the drawing is adaptable to photographic reduction and will maintain complete legibility. xvii.An area four (4) inches vertical by nine (9) inches horizontal within which the Commission may affix its certificate of approval without obscuring or obliterating any other items on the subdivision. 15 Ord. No.: 9495-04 Section 21-14 Subdivisions (B) Support drawing. Five (5) prints of a support drawing on a sheet twenty- four (24) inches by thirty-six (36) inches, at a scale not less than one (1) inch equals one hundred (100) feet or greater than one (1) inch equals fifty (50) feet, showing, but not limited to: i. Legal description and tract boundary drawing of the entire property which is being subdivided. ii. Natural features such as wooded areas, swamps, wetlands and marshes. iii. Existing man-made structures and improvements within the proposed subdivision. iv. Existing topographic contours at vertical intervals of five (5) feet or less from available data. United States Geological Survey data may be used. v. If adjoining property within three hundred (300) feet of the subdivision is unsubdivided, the names of property owners, as shown in the Assessor's office, Auditor's office, or Recorder's office shall be included. If the property within three hundred (300) feet of the subdivision is subdivided, the subdivision layout, name, section, and instrument number shall be included. vi. Future access plan of the entire property which is being subdivided. vii.The adjacent roads and the nearest major intersection. viii.Scale, graphic bar scale, north point and date. ix. Name and address of the subdivider. x. Name and address of the registered land surveyor. xi. A vicinity key map at a scale of one (1) equals two thousand (2,000) or three thousand (3,000) feet showing the location of the subdivision, major streets and physical features, such as rivers and creeks, within a distance of two (2) miles. (C) Ownership. Proof of ownership of the subdivision. (D) Fee. The submission of the subdivision shall be accompanied by fees as prescribed by the Commission. 16 Ord. No.: 9495-04 Section 21-14 Subdivisions (E) Application. A completed application shall be submitted upon forms provided and in a manner prescribed by the Commission. (c) Minor subdivision review, appeal and approval procedure (1) Referral and review. The Staff shall, within one (1) working day after the filing date, refer prints of the subdivision to the appropriate agencies. (A) If the subdivision falls within a designated flood hazard area, the subdivision shall be reviewed by the Department of Natural Resources in accordance with section 21-142(a) of this article. (B) The Staff may also refer the subdivision to any State agency or board which has regulations or rules which affect the use or design of the subdivision, or the location or height of structures to be placed within the subdivision. (C) The agencies shall review the subdivision and submit a report to the Staff. The Staff shall review the subdivision for technical conformity with the standards fixed in the subdivision ordinance and the requirements, recommendations and comments of the reviewing agencies, and prepare a report with a recommendation for the Committee's consideration. (2) Submission to Plat Committee. Within thirty (30) days after the filing of the subdivision, the Staff shall announce the date, time and place of the meeting at which the Committee shall consider the subdivision, and shall give due notice in writing to all interested parties at least ten (10) days before the date set for the hearing. (A If the subdivision complies with the subdivision ordinance, or has minor deficiencies which, in the Staffs opinion, can be immediately corrected by the subdivider's registered land surveyor; and does not need review by the Department of Natural Resources or any other State agency or board, the Staff shall place the subdivision on the agenda of the first available meeting of the Committee. (B If the subdivision does not comply with the subdivision ordinance and has deficiencies which, in the Staff's opinion, cannot be immediately corrected by the subdivider's registered land surveyor, or needs review by the Department of Natural Resources or any other State agency or board, the Staff shall place the subdivision on the agenda of the second available meeting of the Committee. 17 Ord. No.: 9495-04 Section 21-14 Subdivisions (3) Committee consideration. After receiving the Staff report and recommendation, the Committee shall consider the subdivision for primary approval without public notice and hearing. (4) Committee action: (A) If, after consideration, the Committee finds that the subdivision complies with all standards regarding primary approval of subdivisions and is located within a zoning district permitting subdivisions, the. Committee shall give primary approval to the subdivision, with or without modifications and conditions imposed, and make written findings of fact and a decision which shall include the modifications and conditions imposed. The Staff shall also affix the Commission's seal and certificate of approval upon two (2) copies of the subdivision, provide the subdivider's registered land surveyor with one copy and retain the second copy in the Commission's files. (B) If, after consideration, the Committee finds that the subdivision does not comply with all standards regarding primary approval of subdivisions or is located within a zoning district not permitting subdivisions, the Committee shall deny primary approval to the subdivision and make written findings of fact and a decision which sets forth its reasons for disapproval. (5) Notice of Committee's action. Within ten (10) days after the Committee's acting on the subdivision, the Staff shall provide all interested parties with a copy of the findings of fact and decision signed by the Secretary of the Committee, and notify them in writing of their right to appeal the Committee's decision to the Commission. (6) If no appeal has been filed: (A) If the subdivision for which secondary approval has been requested, received primary approval by the Committee, no appeal has been filed within ten (10) days of the date of the notice of Committee's action, and all modifications or conditions placed upon the subdivision by the Committee, if any, have been complied with or corrected, the Staff shall give secondary approval to the subdivision and affix the Commission's seal and certificate of approval on the original drawing and record the subdivision per section 21-145(j). (B) If the subdivision for which secondary approval has been requested, received primary approval by the Committee, no appeal has been filed within ten (10) days of the date of the notice of Committee's action, and 18 Ord. No.: 9495-04 Section 21-14 Subdivisions all modifications or conditions placed upon the subdivision by the Committee, if any, have not been complied with or corrected, the Staff shall deny secondary approval to the subdivision. The Staff shall provide written notice to the subdivider signed by the Secretary of the Committee, which sets forth its reasons for disapproval, and release the original drawing of the subdivision to the registered land surveyor who prepared it. (C) If the subdivision was denied primary approval by the Committee and no appeal has been filed within ten (10) days of the notice of Committee's action, the Staff shall release the original drawing of the subdivision to the registered land surveyor who prepared it. (7) If an appeal has been filed. If an appeal has been filed within ten (10) days of the date of the notice of Committee's action, the Staff shall announce the date, time and place of the meeting at which the Commission shall consider the subdivision, and shall give due notice in writing to all interested parties at least ten (10) days before the date set for the hearing. The Staff shall prepare a report with a recommendation for Commission consideration. (8) Commission consideration of appeal. After receiving the Staff report and recommendation, the Commission shall consider the subdivision without public notice and hearing. (9) Commission action: (A) If, after consideration, the Commission finds that the subdivision complies with all standards regarding primary approval of subdivisions and is located within a zoning district permitting subdivisions, the Commission shall give primary approval to the subdivision, with or without modifications and conditions imposed; make written findings of fact and a decision which shall include the modifications and conditions imposed. The Staff shall affix the Commission's seal and certificate of approval upon two (2) copies of the subdivision and provide the subdivider's registered land surveyor with one copy along with a copy of the findings of fact and decision, signed by the Secretary of the Commission. The second copy of the sealed and certified subdivision shall be retained in the records of the Commission. When all modifications or conditions placed upon the subdivision by the Commission, if any, have been complied with or corrected, the Staff shall give secondary approval to the subdivision and affix the 19 Ord. No.: 9495-04 Section 21-14 Subdivisions Commission's seal and certificate of approval upon the original drawing, and record the subdivision per section 21-145(j). (B) If, after consideration, the Commission finds that the subdivision does not comply with all standards regarding primary approval of subdivisions or is located within a zoning district not permitting subdivisions, the Commission shall deny the subdivision primary approval and make written findings of fact and a decision which sets forth its reasons for disapproval. The Staff shall provide the subdivider with a copy of the findings of fact and decision signed by the Secretary of the Commission, and release the original drawing to the subdivider's registered land surveyor. (10) Recording. Within seven (7) days of secondary approval, the Staff shall record the subdivision in the Recorder's office and so notify the subdivider. The Staff shall have the original drawing of the subdivision duplicated at a reduced scale and release the original drawing to the registered land surveyor who prepared it. The Staff shall distribute reduced copies of the subdivision to the County Assessor, City Building Department, City Engineer, County Surveyor, the appropriate Township Assessor, the Commission, public utility companies, the local organization for registered land surveyors, and the subdivider. Section 21-14.05 Major Subdivision (a) Consultation encouraged (1) Prior to the submission of a major subdivision, the subdivider is encouraged to consult informally with the Staff. This will create an understanding between the Staff and the subdivider which may help to alleviate future misunderstandings and extensive revisions. (b) Name of subdivision (1) The name of the subdivision shall not duplicate or closely approximate the name of any other subdivision within the incorporated and unincorporated areas of the County. Care should be taken to keep names short and, if applicable, consistent with adjacent subdivisions which have been previously approved and recorded. 20 Ord. No.: 9495-04 Section 21-14 Subdivisions (c) Application; primary approval (1) The subdivision shall be submitted to the Committee at least twenty-one (21) days prior to the Committee meeting at which the subdivision maybe considered for primary approval. The submission shall contain the following: (A) Drawing. An original ink drawing on twenty-four-inch by thirty-six- inch vellum, linen or mylar film, at a scale of one (1) inch equals two hundred (200) feet, with five (5) prints of the drawing showing: i. Name of the subdivision. ii. Location of the subdivision by section, township, range and governmental township. iii. Name and address of subdivider. iv. Name, address, seal and signature of the registered land surveyor preparing the subdivision. v. Scale, graphic bar scale, north point and date. vi. Boundary line of proposed subdivision, all existing easements and property lines in exact dimensions of feet and hundredths thereof. vii. Location, width and names of prior subdivided streets and lots in the proposed subdivision and within three hundred (300) feet of the proposed subdivision, showing all previously recorded streets and lots in dotted lines. viii.Layout and approximate dimensions of lots. ix. A vicinity key map at a scale of one (1) inch equals two thousand (2,000) or three thousand (3,000) feet showing the location of the subdivision, major streets and physical features, such as rivers and creeks, within a distance of two (2) miles. x. Layout of proposed streets, which shall include the classification of each street, their names and widths, walkways and easements. xi. Parcels of land to be dedicated or reserved for public uses shall be shown and labeled as to use, such as retention basins or open space. 21 Ord. No.: 9495-04 Section 21-14 Subdivisions xii. Dimensioned building setback lines. xiii.Existing topographic contours at vertical intervals of two (2) feet or less. Vertical control data shall be based on Coastal and Geodetic Survey Sea Level Datum of 1929. United States Geodetic Survey contours shall not be acceptable. xiv.The frontage street(s) and the nearest major intersection(s). xv. The drawing shall be accompanied by such other information as the Commission may require under the provisions of this article. xvi.An area four (4) inches vertical by nine (9) inches horizontal, within which the Commission may affix its certificate of approval without obscuring or obliterating any other items on the subdivision. (B) Site analysis. Five (5) prints of a map or a series of maps at a scale of one (1) inch equals two hundred (200) feet showing the information for the proposed subdivision and the adjacent area within three hundred (300) feet. The Commission's section maps maybe used as base maps for the following: i. Name of subdivision. ii. Location of the subdivision by section, township, range and governmental township. iii. Scale, graphic bar scale, north point and date. iv. Name and address of the registered land surveyor preparing the subdivision. v. Boundary of subdivision, with approximate dimensions in feet. vi. Existing topographic contours at vertical intervals of five (5) feet or less from available data. United States Geological Survey data may be used. vii. Natural features such as wooded areas, swamps, wetlands, marshes, streams and drainage courses. viii.Existing and proposed sewers, water mains, culverts, or other underground facilities within and adjacent to the tract, indicating 22 Ord. No.: 9495-04 Section 21-14 Subdivisions pipe sizes, grades and exact locations as obtained from public records. If water mains and sewers are not adjacent to the tract, the direction to and distance to the nearest ones, and their size shall be shown. ix. Subsurface conditions on the tract, location and results of tests made to ascertain subsurface soil, rock and ground water conditions, depth to ground water, unless test pits are dry to a depth of seven (7) feet. x. Floodplains and floodways as shown on maps published by the Federal Insurance Administration. xi. Existing man-made structures and improvements within the proposed subdivision. xii.Existing street patterns within athree-hundred-foot area adjacent to the proposed subdivision. (C) Ownership. Letter from subdivider showing his interest in the property to be subdivided, or that he is the agent for the owner of the land, or proof of ownership, or a copy of a purchase agreement. (D) Property list. List showing names and addresses of property owners within three hundred (300) feet of the proposed subdivision and two (2) sets of stamped, addressed envelopes for property owners within three hundred (300) feet of the proposed subdivision. Names and addresses maybe obtained from the Assessor's office, Auditor's office or the Recorder's office. (E) Fee. The submission of the subdivision shall be accompanied by fees as prescribed by the Commission. (F) Application. A completed application upon forms provided and in a manner prescribed by the Commission. (d) Major subdivision; primary review, appeal and approval procedure (1) Referral and review. The Staff shall, within one (1) working day after the filing date, refer prints of the subdivision to the appropriate agencies. (A) If the subdivision falls within a designated flood hazard area, the subdivision shall be reviewed by the Department of Natural Resources in accordance with section 21-142(a) of this article. 23 Ord. No.: 9495-04 Section 21-14 Subdivisions (B) If the subdivision lies within five hundred (500) feet of any park, parkway or boulevard, it shall be reviewed by the Board of Park Commissioners. (C) The Staff may also refer the subdivision to any State agency or board which has regulations or rules which affect the use or design of the subdivision, or the location or height of structures to be placed within the subdivision. (D) The agencies shall review the subdivision and submit a report to the Staff. The Staff shall review the subdivision for technical conformity with the standards fixed in the subdivision ordinance and the requirements, recommendations and comments of the reviewing agencies, and prepare a report with a recommendation for the Committee's consideration. (2) Submission to Plat Committee. Within thirty (30) days after the filing of the subdivision, the Staff shall announce the date, time and place of the meeting at which the Committee shall consider the subdivision; mail due notice to all interested parties at least ten (10) days before the date set for hearing and give notice of the hearing by publication in accordance with IC 5-3-1. (A) If the subdivision complies with the subdivision ordinance or has minor deficiencies which, in the Staff s opinion, can be immediately corrected by the subdivider's registered land surveyor and does not need review by the Board of Park Commissioners, the Department of Natural Resources or any other State agency or board, the Staff shall place the subdivision on the agenda of the first available meeting of the Committee. (B) If the subdivision does not comply with the subdivision ordinance and has deficiencies which, in the Staff s opinion, cannot be immediately corrected by the subdivider's registered land surveyor or needs review by the Board of Park Commissioners, the Department of Natural Resources or any other State agency or board, the Staff shall place the subdivision on the agenda of the second available meeting of the Committee. (3) Committee consideration. After receiving the Staff report and recommendation, the Committee shall consider the subdivision at a public hearing. (4) Committee action: 24 Ord. No.: 9495-04 Section 21-14 Subdivisions (A) If, after consideration, the Committee finds that the subdivision complies with all standards regarding primary approval of subdivisions and is located within a zoning district permitting subdivisions, the Committee shall give primary approval to the subdivision, with or without modifications and conditions imposed; make written findings of fact and a decision which shall include the modifications and conditions imposed. (B) If, after consideration, the Committee finds that the subdivision does not comply with all standards regarding primary approval of subdivisions or is located within a zoning district not permitting subdivisions, the Committee shall deny primary approval of the subdivision plat, make written findings of fact and a decision which sets forth its reasons for disapproval, and provide the subdivider with a copy signed by the Secretary of the Committee. (5) Notice of Committee's action. Within ten (10) days after the Committee's acting on the subdivision, the Staff shall provide the subdivider with a copy of the findings of fact and decision, signed by the Secretary of the Committee, and notify all interested parties of the Committee's decision and their right to appeal the Committee's decision to the Commission. (6) If no appeal has been filed: (A) If the subdivision received primary approval by the Committee, and no appeal has been filed within ten (10) days of the date of the notice of Committee's action, the Staff shall affix the Commission's seal and certificate of approval on the original drawing and one copy of the original drawing. The original drawing shall then be released to the subdivider's registered land surveyor and the copy of the original drawing shall be retained in the files of the Commission. (B) If the subdivision was denied primary approval by the Committee and no appeal has been filed within ten (10) days of the notice of Committee's action, the Staff shall release the original drawing of the subdivision to the registered land surveyor who prepared it. (7) If an appeal has been filed. If an appeal has been filed within ten (10) days of the date of the notice of Committee's action, the Staff shall place the subdivision on the agenda of the Commission's first available meeting, mail due notice in writing to all interested parties at least ten (10) days before the date set for hearing and give notice of the hearing by publication in accordance with IC 5-3-1. The Staff shall prepare a report with a recommendation for Commission consideration. 25 Ord. No.: 9495-04 Section 21-14 Subdivisions (S) Commission consideration of appeal. After receiving the Staff report and recommendation, the Commission shall consider the subdivision at a public hearing. (9) Commission action: (A) If, after consideration, the Commission finds that the subdivision complies with all standards regarding primary approval of subdivisions and is located within a zoning district permitting subdivisions, the Commission shall give primary approval to the subdivision, with or without modifications and conditions imposed; make written findings of fact and a decision which shall include the modifications and conditions imposed. The Staff shall then provide the subdivider with a copy of the findings of fact and decision, signed by the Secretary of the Commission; affix the Commission's seal and certificate of approval on the original drawing and one copy of the original drawing; and release the original drawing to the subdivider's registered land surveyor. The copy of the original drawing shall be retained in the records of the Commission. (B) If, after consideration, the Commission finds that the subdivision does not comply with all standards regarding primary approval of subdivisions or is located within a zoning district not permitting subdivisions, the Commission shall deny primary approval of the subdivision and make written findings of fact and a decision which sets forth its reasons for disapproval. The Staff shall then provide the subdivider with a copy of the findings of fact and decision signed by the Secretary of the Commission, and release the original drawing to the subdivider's registered land surveyor. (10) Effective approval. Primary approval of the subdivision shall be effective indefinitely; however, all subdivisions receiving secondary approval shall be developed to the latest standards adopted by the Board, and applicable codes and ordinances. (e) Application; secondary approval (1) The subdivision shall be submitted to the Committee at least twenty-one (21) days prior to the Committee meeting at which it may be considered. The submission shall include the following: (A) Drawing. An original ink drawing, and five (5) prints, on twenty-four- inch bythirty-six-inch vellum, linen or mylar film, at a scale of not less 26 Ord. No.: 9495-04 Section 21-14 Subdivisions than one (1) inch equals fifty (50) feet or greater than one (1) inch equals one hundred (100) feet. All printed numbers, letters and typed information shall be the size of a 120 Leroy template or equivalent so that the drawing is adaptable to photographic reduction and will maintain complete legibility. The subdivision may include all or part of the subdivision which received primary approval, and shall retain the lot numbers and overall characteristics of the subdivision which received primary approval and shall include the following: i. Name of the subdivision. If the subdivision is only a portion of the subdivision which received primary approval, each section or addition shall be separately designated, ii. Legal description of the subdivision which shall include section, township, range and governmental township. iii. Name, address, seal and certification of the registered land surveyor preparing or certifying the subdivision as prescribed by the Commission. iv. Scale, graphic bar scale, date and north point. v. Exact location, width and name of all streets within the subdivision and the exact location and width of all alleys, crosswalks and other easements. vi. Township, range or section line accurately tied to the subdivision by bearing and distances in feet and hundredths thereof. vii. Boundary of subdivision, based on accurate traverse survey with angular and lineal dimensions in feet and hundredths thereof. The traverse survey shall be closed to a minimum accuracy of 1:10,000. A boundary closure sheet shall be provided. viii.All radii, central angles, points of curvature and tangency, length of tangents, lengths of arcs, widths ofrights-of--way and similar data shall be shown for all streets. All street lines shall be tied to other streets and alleys with accurate dimensions in feet and hundredths thereof and angles or bearings. ix. Accurate location and type of all existing and required monuments. x. All easements dimensioned and identified as to their specific uses. 27 Ord. No.: 9495-04 Section 21-14 Subdivisions xi. All lot numbers and lines with accurate dimensions in feet and hundredths thereof, and bearings expressed in degrees, minutes and seconds. Lots in sections or additions to a subdivision with the same name shall be numbered consecutively throughout the several sections or additions. xii. All recorded subdivisions bounding the subdivision shall be shown in dotted lines with name, section or addition and recorder's instrument number. xiii.Any areas other than public rights-of--way to be dedicated or reserved for public use or semipublic use, or areas to be reserved for the use of all property owners, shall be shown on the drawing and labeled as to their use and shall have a separate legal description on the drawing with accurate dimensions in feet and hundredths thereof and bearings expressed in degrees, minutes and seconds. xiv.Dimensioned building setback lines. xv. Elevation of the one hundred-year flood, when applicable. xvi.Deed of dedication in a manner prescribed by the Commission. xvii.Owner's certification in a manner prescribed by the Commission. xviii.Notarization and seal in a manner prescribed by the Commission. xvix.An area four (4) inches vertical by nine (9) inches horizontal, within which the Commission may affix its certificate of approval without obscuring or obliterating any other items on the subdivision. (B City Engineer's report. A report from the City Engineer shall be submitted to the Staff prior to secondary approval of the subdivision. The report shall indicate that the requirements of Division 8 have been satisfactorily completed or that plans and specifications for improvements have been approved and performance guarantees for the improvements have been filed and approved. These guarantees shall: i. Run to the City; and ii. Provide satisfactory surety as required by the latest standards adopted by the Board. The surety shall be foreclosed if improvements and installations have not been completed within twelve (12) months from the date of the Committee's granting of the 28 Ord. No.: 9495-04 Section 21-14 Subdivisions secondary approval of the subdivision; however, an extension of time maybe granted by the Board at their public meeting, provided a request for such extension has been petitioned to the Board by the applicant or his successor in title prior to the time surety would lapse as defined above. (C) Ownership. Proof of ownership of the subdivision. (D) Fee. The submission of the subdivision shall be accompanied by fees as prescribed by the Commission. (E) Application. A completed application upon forms provided and in a manner prescribed by the Commission. (~ Major subdivision; secondary submission, review and approval procedure (1) Referral and review. The Staff shall, within one (1) working day after the filing date, refer prints of the subdivision to the appropriate agencies. The appropriate agencies shall review the subdivision and submit a report to the Staff. The Staff shall review the subdivision for technical conformity with the standards fixed in the subdivision ordinance and the requirements, recommendations and comments of the appropriate agencies, and prepare a report with a recommendation for the Committee's consideration. (2) Submission to Plat Committee. Upon receipt of the reports from the appropriate agencies, and after the ten-day appeal period for primary approval of the subdivision has expired and an appeal, if any, has been acted upon by the Commission, the Staff shall place the subdivision on the agenda of the first available meeting of the Committee and announce the date, time and place of the meeting. (3) Determination of major change. A subdivision being considered for secondary approval shall be considered to be a major change from the subdivision having received primary approval if (A) Any collector streets have been relocated; or (B) Any entrance street has been relocated; or (C) The drainage plan has been altered in such a way as to impact abutting property owners; or (D) The Plat Committee, in its sole discretion, believes it advisable, because of the collective effect of numerous small changes. 29 Ord. No.: 9495-04 Section 21-14 Subdivisions (4) Committee action: (A) If, after consideration the Committee finds that the subdivision complies with all standards regarding secondary approval of subdivisions; all required improvements meet the requirements of Division 8; does not constitute a major change from the subdivision which received primary approval; and complies with all the conditions and modifications imposed upon the subdivision by either the Committee or the Commission as a condition of primary approval, the Committee shall give secondary approval to the subdivision and authorize the Staff to record the subdivision per section 21-151(e). The Staff shall then affix the Commission's seal and certificate of approval upon the original drawing and provide written notification signed by the Secretary of the Committee that the subdivision was approved by the Committee, and that the subdivision will be recorded within seven (7) days of secondary approval. (B) If the Committee finds that the subdivision does not comply with all standards regarding secondary approval of subdivisions; any required improvement does not meet the requirements of Division 8; that the subdivision constitutes a major change from the subdivision which received primary approval, or does not comply with all the conditions and modifications imposed upon the subdivision by the Commission or Committee as a condition of primary approval, the Committee shall deny the subdivision secondary approval. The Staff shall then provide written notice to the subdivider, signed by the Secretary of the Committee, which sets forth the Committee's reasons for disapproval. The Staff shall then release the original drawing to the subdivider's registered land surveyor. (5) Recording. Within seven (7) days of the secondary approval, the Staff shall record the subdivision in the Recorder's office and so notify the subdivider. The Staff shall have the original drawing of the subdivision duplicated at a reduced scale and release the original drawing to the registered land surveyor who prepared it. The Staff shall distribute reduced copies of the subdivision to the County Assessor, City Building Department, City Engineer, County Surveyor, the appropriate Township Assessor, the Commission, public utility companies, the local organization for registered land surveyors, and the subdivider. Section 21-14.06 Subdivision Replats (a) Consultation encouraged 30 Ord. No.: 9495-04 Section 21-14 Subdivisions (1) Prior to the submission of a subdivision replat, the subdivider is encouraged to consult informally with the Staff. This will create an understanding between the Staff and the subdivider which may help to alleviate future misunderstandings and extensive revisions. (b) Application; primary approval (1) The subdivision replat shall be submitted to the Committee at least twenty- one (21) days prior to the Committee meeting at which it maybe considered. The name of the subdivision replat shall not be identical to that of the original subdivision, but the name of the original subdivision shall be contained within that of the subdivision replat. The submission shall include the following: (A) Drawing. An original ink drawing on twenty-four-inch by thirty-six- inch vellum, linen or mylar film, at a scale of one (1) inch equals fifty (50) feet, with five (5) prints of the drawing. The drawing shall include the following: i. Original lots in dotted lines. ii. New lots designated by letters. iii. All required information as listed under section 21-150(a). (B) Application. A completed application shall be submitted upon forms provided and in a manner prescribed by the Commission. (C) Ownership. Proof of ownership of the subdivision replat. (D) Fee. The submission of a subdivision replat shall be accompanied by fees as prescribed by the Commission. (c) Subdivision replat; review, appeal and approval procedure (1) Referral and review. The Staff shall, within one (1) working day after the filing date, refer prints of the subdivision replat to the appropriate agencies. (A) If the subdivision replat falls within a designated flood hazard area, the subdivision replat shall be reviewed by the Department of Natural Resources in accordance with section 21-142(a) of this article. 31 Ord. No.: 9495-04 Section 21-14 Subdivisions (B) The Staff may also refer the subdivision replat to any State agency or board which has regulations or rules which affect the use or design of the subdivision replat, or the location or height of structures to be placed within the subdivision. (C) The agencies shall review the subdivision replat and submit a report to the Staff The Staff shall review the subdivision replat for technical conformity with the standards fixed in the subdivision ordinance and the requirements, recommendations and comments of the reviewing agencies, and prepare a report with a recommendation for the committee's consideration. (2) Submission to Plat Committee. Within thirty (30) days after the filing of the subdivision replat, the Staff shall announce the date, time and place of the meeting at which the Committee shall consider the subdivision, and shall give due notice in writing to all interested parties at least ten (10) days before the date set for the hearing. (A) If the subdivision replat complies with the subdivision ordinance; or has minor deficiencies which, in the Staff s opinion, can be immediately corrected by the subdivider's registered land surveyor; and does not need review by the Department of Natural Resources, or any other State agency or board, the Staff shall place the subdivision replat on the agenda of the first available meeting of the Committee. (B) If the subdivision replat does not comply with the subdivision ordinance and has deficiencies which, in the Staffs opinion, cannot be immediately corrected by the subdivider's registered land surveyor, or needs review by the Department of Natural Resources, or any other State agency or board, the Staff shall place the subdivision replat on the agenda of the second available meeting of the Committee. (3) Committee consideration. After receiving the Staff report and recommendation, the Committee shall consider the subdivision replat for primary approval without public notice and hearing. (4) Committee action: (A) If, after consideration, the Commission finds that the subdivision replat complies with all standards regarding primary approval of subdivision replats and is located within a zoning district permitting subdivisions, the Committee shall give primary approval to the subdivision replat, with or without modifications and conditions imposed, and make written findings of fact and a decision which shall include the modifications and 32 Ord. No.: 9495-04 Section 21-14 Subdivisions conditions imposed. The Staff shall also affix the Commission's seal and certificate of approval upon two (2) copies of the subdivision replat, provide the subdivider's registered land surveyor with one copy and retain the second copy in the commission's files. (B) If, after consideration, the Committee finds that the subdivision replat does not comply with all standards regarding primary approval of subdivision replats or is located within a zoning district not permitting subdivisions, the Committee shall deny primary approval to the subdivision replat and make written findings of fact and a decision which sets forth its reasons for disapproval. (5) Notice of Committee's action. Within ten (10) days after the Committee's acting on the subdivision replat, the Staff shall provide all interested parties with a copy of the findings of fact and decision signed by the Secretary of the Committee, and notify them in writing of their right to appeal the Committee's decision to the Commission. (6) If no appeal has been filed: (A) If the subdivision replat for which secondary approval has been requested, received primary approval by the Committee, no appeal has been filed within ten (10) days of the date of the notice of committee's action, and all modifications or conditions placed upon the subdivision replat by the Committee, if any, have been complied with or corrected, the Staff shall give secondary approval to the subdivision replat and affix the Commission's seal and certificate of approval on the original drawing, and record the subdivision replat per section 21-154(j). (B) If the subdivision replat, for which secondary approval has been requested, received primary approval by the Committee, no appeal has been filed within ten (10) days of the date of the notice of committee's action, and all modifications or conditions placed upon the subdivision replat by the Committee, if any, have not been complied with or corrected, the Staff shall deny secondary approval to the subdivision replat. The Staff shall provide written notice to the subdivider signed by the Secretary of the Committee, which sets forth its reasons for disapproval, and release the original drawing of the subdivision replat to the registered land surveyor who prepared it. (C) If the subdivision replat was denied primary approval by the Committee and no appeal has been filed within ten (10) days of the notice of Committee's action, the Staff shall release the original drawing of the subdivision replat to the registered land surveyor who prepared it. 33 Ord. No.: 9495-04 Section 21-14 Subdivisions (7) If an appeal has been filed. If an appeal has been filed within ten (10) days of the date of the notice of Committee's action, the Staff shall announce the date, time, and place of the meeting at which the Commission shall consider the subdivision, and shall give due notice in writing to all interested parties at least ten (10) days before the date set for the hearing. The Staff shall prepare a report with a recommendation for Commission consideration. (8) Commission consideration of appeal. After receiving the Staff report and recommendation, the Commission shall consider the subdivision replat without public hearing. (9) Commission action: (A) If, after consideration, the Commission finds that the subdivision replat complies with all standards regarding primary approval of subdivision replats and is located within a zoning district permitting subdivisions, the Commission shall give primary approval to the subdivision replat, with or without modifications and conditions imposed and make written findings of fact and a decision, which shall include the modifications and conditions imposed. The Staff shall affix the Commission's seal and certificate of approval upon two (2) copies of the subdivision replat and provide the subdivider's registered land surveyor with one copy along with a copy of the findings of fact and decision, signed by the Secretary of the Commission. The second copy of the sealed and certified subdivision replat shall be retained in the records of the commission. When all modifications or conditions placed upon the subdivision replat by the Commission, if any, have been complied with or corrected, the Staff shall give secondary approval to the subdivision replat and affix the Commission's seal and certificate of approval upon the original drawing, and record the subdivision replat per section 21-154(j). (B) If, after consideration, the Commission finds that the subdivision replat does not comply with all standards regarding primary approval of subdivision replats or is located within a zoning district not permitting subdivisions, the Commission shall deny the subdivision replat primary approval and make written findings of fact and a decision which sets forth its reasons for disapproval. The Staff shall provide the subdivider with a copy of the findings of fact and decision signed by the Secretary of the Commission, and release the original drawing to the subdivider's registered land surveyor. 34 Ord. No.: 9495-04 Section 21-14 Subdivisions (10) Recording. Within seven (7) days of secondary approval, the Staff shall record the subdivision replat in the Recorder's office and so notify the subdivider. The Staff shall have the original drawing of the subdivision replat duplicated to a reduced scale and release the original drawing to the registered land surveyor who prepared it. The Staff shall distribute reduced copies of the subdivision replat to the County Assessor, City Building Department, City Engineer, County Surveyor, the appropriate Township Assessor, the Commission, public utility companies, the local organization for registered land surveyors, and the subdivider. Section 21-14.07 Subdivision Rerecordings (a) Rerecording application (1) The subdivision rerecording maybe submitted at the convenience of the subdivider. The name of the subdivision to be rerecorded shall not be altered in any way. The submission shall include the following: (A) Drawing. The original and three (3) prints of the recorded subdivision which received secondary approval, with the following provisions: i. A revision date. ii. A "certificate of rerecording" as defined below in section 21-155(b). iii. Sufficient space beside, below or above the "certificate of rerecording" for the Commission seal. (B) Certificate of rerecording. The certificate shall be a written comment, in detailed form, of the technical changes performed. The certificate shall include the following: i. The instrument number of the approved and recorded subdivision. ii. Seal and certification of the registered land surveyor preparing or certifying the subdivision, as prescribed by the Commission. iii. Signatures of all owners, if different from those on the approved and recorded subdivision. (C) Ownership. Proof of ownership shall be provided if the signator or signatory on the certificate of rerecording are different from those on the approved and recorded subdivision. 35 ` Ord. No.: 9495-04 Section 21-14 Subdivisions (D) Fee. The submission of a subdivision recording shall be accompanied by fees as prescribed by the Commission. (b) Referral, review and approval (1) Referral and review. After the filing date, the Staff may, if necessary, refer prints of the subdivision to the appropriate agencies for their review and recommendation. The agencies shall review the subdivision and submit a report to the Staff. The Staff shall review the subdivision for technical conformity with the standards fixed in the subdivision ordinance and the requirements, recommendations, and comments of the appropriate agencies. (2) Consideration. Upon receipt of the reports, if any, from the agencies and completion of its own review, the Staff shall consider the subdivision without public notice or hearing and determine whether the subdivision meets the requirements of Division 7. (3) Staff action: (A) If, after consideration, the Staff finds that the subdivision complies with all standards regarding secondary approval of subdivisions for rerecording, the Staff shall give secondary approval to the subdivision, affix the Commission's seal and certificate of approval on the subdivision and record the subdivision per section 21-156(d). (B) If, after consideration, the Staff finds that the subdivision does not comply with all standards regarding secondary approval of subdivisions to be rerecorded, the Staff shall deny secondary approval to the subdivision, provide written notice to the subdivider, signed by the Secretary of the Committee, which sets forth its reasons for disapproval, and release the original drawing to the registered land surveyor who prepared it. (4) Rerecording. Within seven (7) days of secondary approval, the Staff shall rerecord the subdivision in the Recorder's office and so notify the subdivider. The Staff shall have the original drawing of the subdivision, which was rerecorded, duplicated at a reduced scale and release the original drawing to the registered land surveyor who prepared it. The Staff shall distribute reduced copies of the subdivision to the County Assessor, City 36 Ord. No.: 9495-04 Section 21-14 Subdivisions Building Department, City Engineer, County Surveyor, the appropriate Township Assessor, the Commission, public utility companies, the local organization for registered land surveyors, and the subdivider. Section 21-14.08 Improvements (a) Design, construction and inspection (1) All required improvements shall be designed and constructed in accordance with the latest standards adopted by the Board. (2) Inspection of construction of all required improvements shall be provided by the Board. (b) Required improvements (1) Monuments shall be of concrete with minimum dimensions of four (4) inches by four (4) inches at top, six (6) inches by six (6) inches at bottom and thirty-six (36) inches long with a copper dowel three-eights (3/8) inches in diameter, at least two and one-half (2 1/2) inches in length, imbedded so that the top of the dowel shall be flush with the surface and at the center of the monument. (2) All lot corners not marked by concrete monuments shall be marked by galvanized or wrought-iron pipe or iron or steel bars at least eighteen (18) inches in length and not less than three-fourths (3/4) inches in diameter. The top of the pipe or bar is to be set level with the established grade of the ground. (3) Proper and adequate provision shall be made by the subdivider for drainage to provide for the disposal of storm water. The developer shall sod all drainage swales that exceed two (2) percent gradient. Existing watercourses shall be maintained and dedicated for drainage purposes. The City Engineer shall determine the extent, location, and capacity of such facilities. (4) The subdivision shall be provided with a complete public sewer and water system. The work shall be done in accordance with plans, profiles, and specifications prepared by a professional engineer, registered in the State, and shall be approved in the case of sewer by the Board of Public Works, and in the case of water by the Board of Water Works. Temporary sewage disposal shall meet the requirements of the State Board of Health. 37 Ord. No.: 9495-04 Section 21-14 Subdivisions (5) All watercourses crossed by streets or alleys shall be provided with adequate and permanent culverts of a size, type, and material approved by the City Engineer. Culverts on existing streets shall be enlarged wherever necessary by reason of diverted or increased concentration of drainage. Adequate fences and barriers shall be provided in connection therewith. (6) Sidewalk specifications shall be as follows: (A) Installation by the subdivider of sidewalks on both sides of streets shall be required. The Commission may waive the requirements of sidewalks along strictly rural streets or where a park, railroad, or other use on the side of a street makes a sidewalk nonessential. (B) Sidewalks shall be located not less than one (1) foot from the property line on all except minor streets to prevent interference or encroachment by fencing, walls, hedges, or other planting or structure placed on the property line at a later date. In single-family residential areas, concrete sidewalks shall be five (5) feet wide and four (4) inches thick. Maximum gradient on walks shall be not more than five (5) percent. In multifamily or group housing developments, sidewalks shall be of a width determined by the Commission. Sidewalks in commercial areas shall have a minimum width of ten (10) feet. (7) The subdivision shall be provided with a complete street lighting system per the latest standards adopted by the Board. (8) Trees of a variety approved by the Commission and the Superintendent of Parks shall be considered a recommended improvement. If such planting is accomplished, the trees shall be planted no closer than five (5) feet to the front property line on the property side and shall be spaced no closer than forty (40) feet apart. They shall be a minimum of one and one-half (1 1/2) inches in diameter measured one (1) foot above the ground. These restrictions shall apply to the front yard area only. (c) Streets and alleys; specifications (1) Streets and alleys shall be completed to grades shown on plans and profiles prepared on standard profile paper by the subdivider and approved by the Board. (2) All streets shall be surfaced and improved in the manner determined by the Board and shall conform to the following schedule: 38 Ord. No.: 9495-04 Section 21-14 Subdivisions TABLE 1NSET: Street Right-of--Way Width of Type Width Pavement* Major streets 80' to 120' or as shown on Variable the Land Use and Transportation Plan Collector streets 60' 36' Minor streets for row houses 60' 32' to 36' and apartments Minor streets for single- 50' 26' family detached dwellings Marginal access** 40' 18' Culs-de-sac and short loop 50' 26' streets Alleys 20' 18' On all minor streets an improved, all-weather driveway and driveway apron shall be provided. The maximum gradient between vertical transitions shall be not greater than fourteen (14) percent. * Measured gutter line to gutter line. **Curb and gutter shall generally not be required on the highway side. A planting strip with a minimum width often (10) feet may be required on the highway side. (3) Installation of utilities after subgrading is completed and approved and before any base is applied; all of the underground services, including water mains, sewers, and so on; and all service connections shall be installed completely and approved throughout the length of the road and across the flat section. (4) The subdivider shall provide permanent concrete curbs and gutters according to specifications required by the Board. (d) Acceptance of improvements and dedication (1) In any subdivision containing streets or thoroughfares which are therein reserved for dedication to public use, secondary approval of the subdivision by the Committee shall constitute the acceptance of such dedication. (2) Upon the completion of the required improvements in conformance with the terms of this division and the latest standards adopted by the Board, such improvements shall be accepted with athree-year warranty. 39 Ord. No.: 9495-04 Section 21-14 Subdivisions Section 21-14.09 Administration (a) Recommendations for modifications or amendments (1) The Commission, in accordance with statutes adopted by the Indiana General Assembly, may from time to time recommend to the Council revisions, modifications or amendments to this article. (b) Variances (1) When the subdivider can show that a provision of these regulations, if strictly adhered to, would cause unnecessary hardship; and, when in the opinion of the Commission, because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of such provision, the Commission may authorize a variance or modification. The subdivider shall apply in writing for such variance or modification of the requirement complained of. Such application shall be duly considered by the Commission at the next regularly scheduled monthly meeting. (2) Unusual and imaginative developments are welcomed and maybe approved if they measure up to the spirit and intent of this article even though they deviate from some of the particulars. (c) Approval required (1) No subdivision shall be entitled to recording in the office of the County Recorder or have any validity until it shall have been approved in the manner prescribed in this article. (d) Reserved (e) Reserved 40 Ord. No.: 9495-04 Section V: Severability. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of the Ordinance. Section VI: This ordinance shall be in full force and effect fourteen (14) days after notice of its passage by the Common Council and approval by the Mayor is published in accordance with IC 5-3-1 and IC 36-7-4-610(a). ~~~ ~~ ~ ~ Member of the Common Council ~ Certain terms included in the text of THE CITY OF SOUTH BEND ZONING ORDNANCE appear in italic print. These terms are defined terms which have a specific meaning in THE CITY OF SOUTH BEND ZANMG ORDINANCE. The defined terms and their specific meanings may be found in Article 11 of THE CITY OF SOUTH BEND ZANING ORDINANCE. a S S u~~ 'itl~~ 1st READING t ° - ~ 3 - 63 ~,; c. 0. i A PUBLIC HEARING'L-~ ~' O~I Z~' S ~~S , `~~' ~,~c~ 3rd READING L_~8_0~ L~ S~-~5~.~~ aS ~^ .NOT APPROVED `Oli3~~~' Z-~$~p~ REFERRED 1~ ~ ~, `~_`ti-off Z~ $ bs~-o~,~'.~' 0.S PASSED w ~~~ CArnvh~Sl~o"" Filed In Clerk's Office 1, ~y ~ ,~---~, 4 s...y~ t. _- ~---• JOHN YOORDE CfTY CLEAK, SQ BEi~, ~ ~if~d in +~ler~a'~ off c PdO~ 1 ~ Z003 d~r'1~Q a1. ~~'i ~~L~aR4t,~ B'~tl),i$f EXHIBIT "A" NOTE: The City of South Bend Zoning Ordinance, requires the use of this form in recording commitments made with respect to Development Plan Approvals, Zone Map Changes or Planned Unit Developments in accordance with I.C. 36-7-4-613 or I.C. 36-7-4-615. COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A DEVELOPMENT PLAN APPROVAL, ZONE MAP CHANGE OR PLANNED UNIT DEVELOPMENT REQUIltED BY THE CITY OF SOUTH BEND ZONING ORDINANCE In accordance with I.C. 36-7-4-613 or I.C. 36-7-4-615, the Owner of the real estate located in St. Joseph County, Indiana which is described below, makes the following COMMITMENTS concerning the use and development of the following described parcel of real estate: LEGAL DESCRIPTION: STATEMENT OF COMMITMENTS: 1. 2. 3. These COMMITMENTS shall run with the land, be binding on the Owner of the above- described real estate, subsequent owners of the above-described real estate and other persons acquiring an interest therein. These COMMITMENTS maybe modified or terminated by a decision of the Area Plan Commission of St. Joseph County made at a public hearing after proper notice has been given. INIMAN2 7420i9v1 ord. No.: 9495-04 COMMITMENTS contained in this instrument shall be effective upon the approval of petition # pursuant to the City of South Bend Zoning Ordinance, and shall continue in effect until: (i) the real estate is rezoned; or, (ii) modified or terminated by the Area Plan Commission of St. Joseph County. These COMMITMENTS maybe enforced jointly or severally by: 1. The Area Plan Commission of St. Joseph County; 2. The City of South Bend, Indiana; 3. Owners of all parcels of ground adjoining the real estate within three-hundred (300) feet of the subject parcel and all owners of real estate within the area included in the petition who were not petitioners for approval; and 4. The undersigned hereby authorizes the Executive Director of the Area Plan Commission of St. Joseph County to record this Commitment in the Office of the Recorder of St. Joseph County, Indiana, upon final approval of petition # IN WITNESS WHEREOF, Owner has executed this instrument this ____ day of , (Individual Owner) Signature (Seal) Printed Signature (Seal) Printed (Organization Owner) By Printed Title INIMAN2 742019vi Ord. No.: 9495-04 (Individual Acknowledgment) STATE OF ) COUNTY OF ) SS: Before me, a Notary Public in and for said County and State, personally appeared Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this day of , Signature Printed County of Residence My Commission expires: STATE OF COUNTY OF (Organization Acknowledgment) SS: Before me, a Notary Public in and for said County and State, personally appeared the of a(n) ,Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument in such capacity and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this day of , Signature Printed County of Residence My Commission expires: This instrument was prepared by 3 INIMAN2 742019v1 ord. No.: 9495-04 EXHIBIT "B" NOTE: The City of South Bend Zoning Ordinance requires the use of this form in recording commitment modification(s) or terminations) with respect to a Development Plan Approval, Zone Map Change or Planned Unit Development in accordance with I.C. 36-7-4-613 or I.C. 36-7-4-615. COMMITMENTS MODIFYING OR TERMINATING EXISTING COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A DEVELOPMENT PLAN APPROVAL, ZONE MAP CHANGE OR PLANNED UNIT DEVELOPMENT. In accordance with I.C. 36-7-4-613 or I.C. 36-7-4-615, the Owner of the real estate located in St. Joseph County, Indiana, which is described below, makes the following modification(s) or terminations) of commitment(s) concerning the use and development of the following described parcel of real estate: LEGAL DESCRIPTION: STATEMENT OF MODIFICATION OR TERMINATION OF COMMITMENTS: 1. 2. 3. These MODIFICATION OR TERMINATION OF COMMITMENTS shall run with the land, be binding on the Owner of the above-referenced real estate, subsequent owners of the above- referenced real estate and other persons acquiring an interest therein. These COMMITMENTS may be modified or terminated by a decision of the Area Plan Commission of St. Joseph County made at a public hearing after proper notice has been given. Ord. No.: 9495-04 MODIFICATION OR TERMINATION OF COMMITMENTS contained in this instrument shall be effective upon adoption of modification or termination approved by the Area Plan Commission of St. Joseph County in petition # (i) the real estate is rezoned; or, (ii) modified or terminated by the Area Plan Commission of St. Joseph County. These COMMITMENTS maybe enforced jointly or severally by: 1. The Area Plan Commission of St. Joseph County; 2. The City of South Bend, Indiana; 3. Owners of all parcels of ground adjoining the real estate within three-hundred (300) feet of the subject parcel and and all owners of real estate within the area included in the petition who were not petitioners for approval; and 4. The undersigned hereby authorizes the Executive Director of the Area Plan Commission of St. Joseph County to record this MODIFICATION OR TERMINATION OF COMMITMENTS in the Office of the Recorder of St. Joseph County, Indiana, upon final approval petition # by the Area Plan Commission of St. Joseph County. IN WITNESS WHEREOF, Owner has executed this instrument this _ day of , (Individual Owner) Signature (Seal) Printed (Organization Owner) By Printed Title Signature. Printed (Seal) Ord. No.: 9495-04 (Individual Acknowledgment) STATE OF ) SS: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this day of , Signature Printed County of Residence My Commission expires: STATE OF ) (Organization Acknowledgment) SS: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared ,the of a(n) ,Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument in such capacity and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this day of , Signature, Printed County of Residence My Commission expires: This instrument was prepared by 3 Ord. No.: 9495-04 EXHIBIT "C" COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A SPECIAL EXCEPTION OR A VARIANCE GRANT FROM THE TERMS OF THE ZONING ORDINANCE. In accordance with I.C.36-7-4-921, the Owner of the real estate located in the City of South Bend, St. Joseph County, Indiana, which is described below, makes the following COMMITMENTS concerning the use and development of the following described parcel of real estate: LEGAL DESCRIPTION: STATEMENT OF COMMITMENTS: 1. 2. 3. 4. These COMMITMENTS shall be binding on the Owner, subsequent owners of the above- described real estate, and other persons acquiring an interest in the above-described real estate. These COMMITMENTS maybe modified or terminated by a decision of the City of South Bend Board of Zoning Appeals made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the grant of petition # by the City of South Bend Common Council /Board of Zoning Appeals. Ord. No.: 9495-04 These COMMITMENTS maybe enforced jointly or severally by: 1. The City of South Bend, Indiana; 2. Owners of all parcels of ground adjoining the real estate within three -hundred (300) feet from the subject property, and all owners of real estate within the area included in the petition who were not petitioners. Owners of real estate entirely located outside the City of South Bend are not included, however; and 3. The undersigned hereby authorizes the Clerk of the City of South Bend Common Council / Secretary of the City of South Bend Board of Zoning Appeals to record this Commitment in the office of the Recorder of St. Joseph County, Indiana, upon final approval of petition IN WITNESS WHEREOF, Owner has executed this instrument this day of (Individual Owner) Signature (Seal) Printed Signature (Seal) Printed (Organization Owner) By Printed Title Ord. No.: 9495-04 (Individual Acknowledgment) STATE OF ) SS: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this day of Signature Printed County of Residence My Commission expires: STATE OF COUNTY OF (Organization Acknowledgment) SS: Before me, a Notary Public in and for said County and State, personally appeared ,the of a(n) ,Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument in such capacity and who, having been duly sworn, stated that any representations therein contained aze true. Witness my hand and Notarial Seal this day of , Signature. Printed County of Residence My Commission expires: This instrument was prepared by 3 Ord. No.: 9495-04 EXHIBIT "D" COMMITMENTS MODIFYING OR TERMINATING EXISTING COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A SPECIAL EXCEPTION OR A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE. In accordance with I.C.36-7-4-921, the Owner of the real estate located in the City of South Bend, St. Joseph County, Indiana, which is described below, makes the following COMMITMENTS concerning the use and development of the following described parcel of real estate: LEGAL DESCRIPTION: STATEMENT OF MODIFICATION OR TERMINATION OF COMMITMENTS existing in Instrument Number as recorded in the Office of the Recorder of St. Joseph County, Indiana, as made in connection with petition # 1. 2. 3. 4. These modified COMMITMENTS shall be binding on the Owner of the above-described real estate, subsequent owners of the above-described real estate, and other persons acquiring an interest in the above-described real estate. These modified COMMITMENTS maybe further modified or terminated by a decision of the City of South Bend Board of Zoning Appeals made at a public hearing after proper notice has been given. Modified COMMITMENTS contained in this instrument shall be effective upon the adoption of modification or termination approved by the City of South Bend Board of Zoning Appeals in petition # Ord. No.: 9495-04 These COMMITMENTS maybe enforced jointly or severally by: 1. The City of South Bend, Indiana; 2. Owners of all parcels of ground adjoining the real estate to a depth of three- hundred (300) feet from the subject property, and all owners of real estate within the area included in the petition who were not petitioners. Owners of real estate entirely located outside of the City of South Bend are not included, however; and 3. The undersigned hereby authorizes the Secretary of the City of South Bend Board of Zoning Appeals to record this Commitment in the office of the Recorder of St. Joseph County, Indiana, upon final approval of modification and/or termination of commitment(s) by the City of South Bend Board of Zoning Appeals in petition # IN WITNESS WHEREOF, Owner has executed this instrument this day of , (Individual Owner) Signature (Seal) Printed Signature (Seal) Printed (Organization Owner) By Printed Title 2 Ord. No.: 9495-04 (Individual Acknowledgment) STATE OF COUNTY OF SS: Before me, a Notary Public in and for said County and State, personally appeared Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this day of , Signature Printed County of Residence My Commission expires:, (Organization Acknowledgment) STATE OF COUNTY OF SS: Before me, a Notary Public in and for said County and State, personally appeared the of a(n) ,Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument in such capacity and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this day of , Signature Printed County of Residence My Commission expires:, This instrument was prepared by Ord. No.: 9495-04 EXHIBIT "E" LIMITED POWER OF ATTORNEY Know all men by these presents, that I, a resident of County, State of , do hereby appoint of City of ,State of , to be our true and lawful attorney-in fact with full power in our name and stead for and on our behalf to represent before the Zoning and Annexation Committee and/or the Common Council of the City of South Bend, Indiana, for the purpose of representing us on the pending zoning petition and to answer any and all questions thereon. I hereby ratify all that my said attorney-in-fact shall lawfully due or cause to be done by virtue hereof. In Witness Whereof, I have hereunto set my hand and seal this day of ,20 Signature STATE OF County )SS: Before me, the undersigned, a Notary Public in and for said County and State, came and aclrnowledged the execution of the above Limited Power of Attorney. Witness my hand and official seal this day of , 20 My Commission Expires: Resident of (Seal) Signature County Printed Name of Notary Public Ord. No.: 9495-04