Amending Chapter 21 Regarding exceptions in "C" Commercial Districts

Home Browse Search

SUBSTITUTE BILL BILL NO. 21-87 ORDINANCE NO. 77V5'.--k7 AN ORDINANCE AMENDING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND REGARDING EXCEPTIONS IN "C" COMMERCIAL DISTRICTS. STATEMENT OF PURPOSE AND INTENT : The Common Council of the City of South Bend , Indiana, believes that it is in the best interest of the community to promote efficient land use and economic development by permitting limited multi-family and residential uses to exist as exceptions in "C" Commercial Districts. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS : SECTION I. Chapter 21 of the South Bend Municipal Code shall be amended to add a new Section 21-117 .05, which shall read in its entirety as follows : 21-117.05 Exception in "C" Commercial Districts. a. Combined use : One, two or multi-family dwellings may be permitted as exceptions in "C" Commercial Districts provided that : 1. The dwellings are not located on the first floor of the building ; 2. The first floor of the building is occupied by a use permitted in the "C" Commercial District ; 3 . The building was constructed prior to June 1, 1987; 4. The petition for exception has been reviewed by the Building Commissioner and Fire Chief, or their representative, and their comments and recommendations are considered by the Board ; 5 . No floor of the building may house a controlled use ; and 6 . The building shall comply with all uniform building and fire codes. b. Using a portion of the building for dwelling units pursuant to Subsection a will not impose Residence District standards or restrictions upon the remainder of the "C" Commercial District. SECTION II. This Ordinance shall be in full force and effect after its passage by the Common Council , approval by the Mayor and legal publication. I ; 4 ,%