Amending Chapter 21 Generally Known Zoning Ordinance

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ORDINANCE NO. G,3 l Q -7 V AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY CODE OF SOUTH BEND, INDIANA, 1971, ALSO KNOWN AS ORDINANCE NO. 4990 -68, AS AMENDED, AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend recognizes that the establishment of more than two controlled uses, as defined in Ordinance No. 6090 -76, within 1,000 feet of each other tends to create a "skid row" atmosphere. The Common Council further recognizes that the presence of an amusement arcade within 1,000 feet of two controlled uses advances the creation of a "skid row" atmosphere, and, therefore, an amusement arcade should be included in the list of controlled uses. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Paragraph (a), Section 21 -1 of Article 1 of Chapter 21 of the Municipal Code of the City of South Bend is hereby amended so that subparagraph (2.1) shall read in its entirety as follows: (2.1) Amusement arcade means any establishment which keeps, maintains or operates for hire two (2) or more amusement devices. For the purposes of this Chapter, an amusement device shall be included by but is not limited to the following: automatic baseball court, shooting gallery, pinball machines, tenpin machine, an electronic game machine. SECTION II. Paragraph (a), Section 21 -1 of Article 1 of Chapter 21 of the Municipal Code of the City of South Bend is hereby amended so that subparagraph (15.1) shall read in its entirety as follows: (15.1) Controlled Uses means those uses of property which are recognized as having serious objectionable characteristics, particularly when several of them are concentrated, thereby having a deleterious effect upon the adjacent areas; and shall include the followin (a) Adult Book Store (b) Adult Motion Picture Theater (c) Adult Mini Motion Picture Theater (d) Amusement Arcade �44 TeT Class A Cabaret 4e4 T7 Class B Cabaret Establishment for the sale of beer or intoxicating liquor for consumption on the premises k144 RPawnshop 14 Pool or Billiard Hall k}4 (j) Public Dance Hall SECTION III. Severability. If any provisions of this bill are held invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision words added underlined words deleted - - --