11253-25 Amending Chapter 21 of the South Bend Municipal Code to Make Miscellaneous Changes for Clarification and Consistency to Simplify Development Process and to Achieve Higher Quality Development

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THIRD SUBSTITUTE BILL NO. 80-25 ORDINANCE NO. 11253-25 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE MISCELLANEOUS CHANGES FOR CLARIFICATION AND CONSISTENCY TO SIMPLIFY DEVELOPMENT PROCESS AND TO ACHIEVE HIGHER QUALITY DEVELOPMENT STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on January 1, 2020. Since its adoption in November 2019, use of the Ordinance has identified a few standards that need further clarification, correction, or revision. Changes to these standards will support a more vibrant, resilient community while improving the ease of use of the zoning ordinance. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Definitions & Measurements, Section 21-02.03 Measurements, subsection (b) Building Placement is hereby amended as follows: (3) Building Setbacks. A setback distance is measured perpendicularly from the lot line to the closest exterior wall of a building's facade, exclusive of building frontage type (e.g., porch, stoop). A setback is measured from the greater of an actual or proposed street right-of-way. SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Definitions & Measurements, Section 21-02.03 Measurements, subsection (d) Building Form is hereby amended as follows: (2) Building Height (Stories). (D) A single one-story shared amenity space per building shall not count as a story toward the maximum number if it meets the following criteria: Is open only to building occupants and their guests; ii. Has a gross floor area of no more than 25% of the gross floor area of the floor below; iii. Is set back where it is not visible from the street; and iv. Has no significant impact, as determined by the Zoning Administrator, on surrounding residential uses in a S 1, U 1, or U2 district. SECTION III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Definitions & Measurements, Section 21-02.03 Measurements, subsection(e) Building Components is hereby amended as follows: (1) When a building component is allowed to be built into a minimum required setback,it is called an encroachment and shall meet all regulations for building components per Section 21-08.01. Where a contextual setback is applied, the