11-20 Amending Chapter 21 of the South Bend Municipal Code

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Filed in Clerk's Office Zoning Ordinance Amendments Last updated June 1, 2020 JUN 19 2020 DAWN M.JONES Typographical and cross reference errors are corrected in the following sections: CITY CLERK, SOUTH BEND, IN 21-03.01(g), 21-03.02(g), 21-03.03(g), 21-03.04(g), 21-03.05(f), 21-03.05(g), 21-03.05(j), 21-03.06(g), 21-03.07(f), 21-03.07(g), 21-03.08(f), 21-03.08(g), 21-06.02(f), 21-08.01(g), 21-11.02(b) Ordinance • Sections Item Proposed Change Rationale 21-02.02, Lot Line Determination Clarifies and expands ability of Zoning Administrator to determine whether lot lines are front, corner, Provides further flexibility in defining yards, allowing context-sensitive 21-02.03(b), side, or rear for lots with no or multiple frontages. Adds and defines non-frontage lot development to proceed with fewer variances 21-06.02(d) 21-02.03(d), Appurtenances Uses alternate words for"appurtenances" Uses common language for better user understanding 21-05.02(h), 21-06.02(f), 21-08.01(g) 21-02.03(d)(3), Ancillary Dwelling Height When alley present, allows for increased height for detached ancillary dwelling unit to within 5' of Clarifies detached ancillary dwelling placement rule and eliminates potential 21-03.01(f), Allowance rear lot line of subject lot, instead of to within 20'of rear lot line of abutting lot conflict between 5'garage setback rule and detached ancillary dwelling unit 21-03.03(f), placement rule when alley is less than 15' 21-03.04(f) 21-02.03(d)(4) Facade within Setback Zone Clarifies measurement of required percentage of facade within setback zone for projects with Clearly exempts buildings interior to the development from unnecessary multiple buildings setback zone requirements 21-03.03(e), Access &Parking Adds existing garage setback rule to parking section of U1 and U2 zones Enhances ordinance usability by making rule more apparent 21-03.04(e) 21-03.04(d) _U2 Setbacks Matches setbacks in U2 zone to those in U1 zone Ensures greater compatibility between U1 and U2 zones 21-03.06(f) UF Building Form Allows Zoning Administrator to waive minimum percentage for facade within front setback zone for Creates consistency with U3, NC, and DT districts; provides greater design forecourt building type _flexibility 21-03.07(h), Facade Articulation Clarifies how building articulation requirements may be met. Increases vertical articulation Improves user understanding by more clearly stating existing rule and 21-03.08(h), segments from 25' to 32' maximum provides further flexibility in meeting design standards 21-08.01(f) 21-04.03(c) C Building Setbacks Increases side and rear setbacks to U3 and UF zones Creates size consistency with buffer landscape requirements 21-04.03(d), C & I Curb Cuts Allows a second curb cut for lots with large frontages Aligns zoning ordinance with existing Engineering standards 21-04.04(d) 21-04.03(g) C Facade Transparency Adds a 20% minimum corner facade transparency requirement under some circumstances Creates more attractive, active commercial building design 21-04.03(g), C Building Materials Clarifies allowable building materials in C zone Ensures a basic level of building quality, similar to pre-2020 ordinance 21-08.01(e) 21-06.01(j) NC & DT Detached House Allows a Detached House building type to have units along the street frontage when it had not been Eases reinvestment in existing buildings converted previously to a non-residential use 21-06.02(f) Trash Containers Reduces required landscape area width from 5'to 3' (keeps required landscape screening of trash Allows trash container screening to be done more compactly containers the same) 21-07.03(c) Location of Parking Areas Simplifies language regarding location of required parking areas Eliminates inconsistency and redundant provision 21-08.01(g) _Garage Placement Clarifies required garage setbacks Improves user understanding by more clearly stating existing rules 21-08.01(g) Building Extensions Clarifies rules on building extensions by eliminating use of word "additions" Improves user understanding by more clearly stating existing rule 21-08.02(h) Townhouse Width Raises maximum total building width of attached townhouses from 160'to 168' Without altering intent of rule, allows more options on quantity and size of townhouses, consistent with recent developments 21-08.03(a) Porch Clarifies porch design requirements when in or out of required setback Improves user understanding by more clearly stating existing rule 21-08.03(b) Stoop Clarifies stoop design requirements when in or out of required setback Improves user understanding by more clearly stating existing rule 21-09.02(c) Fences &Walls Adds table of maximum fence and wall heights in place of text paragraph Improves user understanding by more clearly stating existing rules 21-09.02(e) Fences in NC & DT Districts Prohibits chain link fences in front of maximum setbacks Better meets intent of existing rule 21-11.04(c) Alleys Eliminates language saying Plan Commission may waive requirement for alley construction in Eliminates redundant provision commercial and industrial districts; Plan Commission already has this authority • 21-13.01(c) 32' &33' Lots Reduces required side setbacks from 5'to 4'for established residential lots of 32-34' in width Allows for residential construction of common house designs on commonly sized urban lots without a variance