11274-26 Amendment 7.5 - Amending Chapters 3, 4, 6, 13, 14, and 17 of the South Bend Municipal Code to Align With Zoning Chapter 21

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SECTION VII. Chapter 4, Licenses, of the South Bend Municipal Code, Article 4 Specific Business Regulations, Section 4-51 Scrap metal dealers,junk dealers, valuable metal dealers and recycling operations is hereby amended as follows: (d) Application; zoning restrictions. (2) No license shall be issued to any proposed scrap or junkyard, recycling operation or transfer station for a location within one thousand (1,000) feet of any lot being lawfully used, entirely or in part, as a single- f mily two f mil., ultif mily 1 unit, 2unit, or multi-unit dwelling, or any of the following zoning use districts as defined by the zoning chapter of this Code: a. SF1 Single Family and Two Family S1 Suburban Neighborhood 1 District b. SF2 Single Family and Two Family S2 Suburban Neighborhood 2 District c. MFi Urban Corridor M„lt:f m ly U1 Urban Neighborhood 1 District d. MF2 High Density Multif m ly U2 Urban Neighborhood 2 District e. U3 Urban Neighborhood 3 District f MU-Mixed-Use OF Urban Neighborhood Flex District g. "0" Office NC Neighborhood Center District h. DT Downtown District i. OS Open Space District j. CBD Central Business District U University District k. C Commercial District unless such footage requirement is waived by specific resolution of the Common Council. Such resolution must incorporate one of the following considerations for such a waiver: that the majority of the business operation would take place within an enclosed structure,that the business would be located beyond one-half(1/2) of the footage requirement or that a majority of the owners affected by the new business which are within the one thousand-foot requirement give approval. (1) Operation and maintenance rules and regulations. (2) The operators of such yards shall conform with the following rules and regulations: a. Minimum lot area for new yards: All new scrap and junkyards, and recycling operations shall have a minimum lot area of five (5) acres and shall be zoned GI General Industrial District pursuant to the zoning provisions of this Code. SECTION VIII. Chapter 4, Licenses, of the South Bend Municipal Code,Article 4 Specific Business Regulations, Section 4-62 Waste to energy facilities, subsection (f) Zoning restrictions is hereby amended as follows: Waste to energy facilities shall be located only in areas zoned "E" Heavy I Industrial District;hewever,nNo waste to energy facility shall be located within one thousand (1,000) feet of any property not zoned"I" Industrial District zoning districts as defined by the zoning chapter of this Code (1) "A"Residence District. (2) "A 1" Residence District. (3) "A 2" Planned Residential Development District (1) "A 3" Mixed Use Multifamily Residential and Commercial.