9434-03 Amend Chapter 21, - Board of Zoning Appeals - Exceptions to District Regulations to allow Pool & Billiard Halls as Special Exceptions

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ORDINANCE NO. 1 ~ 3~~ ~3 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 6, BOARD OF ZONING APPEALS, DIVISION 2, EXCEPTIONS TO DISTRICT REGULATIONS, OF THE SOUTH BEND MUNICIl'AL CODE TO ALLOW POOL AND BILLIARD HALLS AS SPECIAL EXCEPTIONS IN THE "C" COMMERCIAL, "D" LIGHT INDUSTRIAL, AND "E" HEAVY INDUSTRIAL DISTRICTS STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to allow billiard and pool halls as a special exception in the "C" Commercial, "D" Light Industrial, and "E" Heavy Industrial Zoning Districts. The Common Council of the City of South Bend finds that it is desirable to allow high quality billiard facilities under certain circumstances. Now, Therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Article 6, Section 21-117.06 (a) is amended by adding the following subsection: (2) Pool or billiard hall. A pool or billiard hall maybe permitted in the "C" Commercial "D" Light Industrial, or "E" Heaw Industrial Districts without meeting the requirements of subsection 21-18(b) if the Council determines that the proposed use will not adversely affect the public health, safety or welfare, or be detrimental to adiacent properties o r t o t he g eneral n eighborhood. The Council may prescribe any reasonable conditions to the special exception necessary or desirable to cam out the general purposes of this Chapter. Section II. This Ordinance s hall b e i n f ull f orce a nd e ffect f rom a nd a fter i is passage by the Common Council and approval by the ayor. Member of the Common Coun it 1st R~ADIN'G ~ ~1~ ~~ PUBLIC HEARING 1-~ y-03 3 rd READING "~ .. ty-p3 NOT APPROVEp REFERRED (~ . ~ . $ - Z1- 43 RASED "~ ~ ~ ~ _ (~ Filed in Clem°~ ®f$c~e ~~~~" 2 ~ 2003 LCRE7TAJ. D1!>ZC, CBTYCl.&R~, IIC. @~PdD.11d.