9759-07 Amend Chapter 21 Article 2 & 7 - Clarify Parking in Residential Zoning Areas

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Ordinance No. ~ 7 CJ~_ D~ Bill No. ~ b-~~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 2, RESIDENTIAL DISTRICTS AND ARTICLE 7 GENERAL REGULATIONS TO CLARIFY PARKING IN RESIDENTIAL ZONING AREAS OF THE CITY STATEMENT OF PURPOSE AND INTENT On April 12, 2004 the South Bend Common Council passed Ordinance No. 9495-04 which was a comprehensive zoning ordinance recommended by the Area Plan Commission. That ordinance was based on the legal authority set forth in Indiana Code § 36-7-4-100, et seq., with those regulations now codified as Chapter 21 of the South Bend Municipal Code. Unfortunately that comprehensive zoning ordinance failed to include language which had been previously included which banned off-street parking in required front or side yards which adjoin a street. The following ordinance would compliment a companion public safety ordinance which will address residential lawn parking in residentially zoned areas. Those regulations are proposed to be codified, upon passage, as part of Chapter 14 of the South Bend Municipal Code. The following zoning regulations are believed to be in the best interest of protecting and improving the character and quality of life in residential neighborhoods throughout the City of South Bend. .Nucu, .l Pce~ce~cr~ce, 8e [t aKdained by the Common Council of the City of South Bend, Indiana, as follow: Section I. Chapter 21 of the South Bend Municipal Code entitled "Zoning", Article 2 addressing "Residential Districts, Section 21-02.11(e)(6) Parking of Vehicles-General, is amended by adding the following sub-section: (D) Notwithstanding anything in this Chapter to the contrary and the provisions of Article 8 of Chapter 14 of the South Bend Municipal Code, addressing, specific public safety regulations on_parkin~ in residential areas, the parking of any vehicles within the required minimum front setback shall not be allowed unless the~arking is on a legal properly hard-surfaced driveway or parking space which has a durable and dust-free surface as required bX Section 21-07.04.