10-28-13 Common Council Agenda & Packet

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Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1, BASIC PROVISIONS, TO ADD A NEW SUBSECTION RELATIVE TO THE REZONING OF EXISTING STRUCTURES; ARTICLE 2, RESIDENTIAL DISTRICTS TO REVISE STATE SWIMMING POOL CODE REFERENCES; ARTICLE 4, INDUSTRIAL DISTRICTS, TO REVISE SCREENING REQUIREMENTS; ARTICLE 5 PLANNED UNIT DEVELOPMENT, TO REVISE AN INCORRECT CITATION; ARTICLE 7, GENERAL REGULATIONS, TO REVISE CERTAIN LANDSCAPING REQUIREMENTS BETWEEN RESIDENTIAL AND INDUSTRIAL USES, AND TO REVISE INCORRECT CITATIONS. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance that went into effect on May 7, 2004. Certain changes are deemed necessary for a more affective administration of the ordinance. When properties that have existing buildings or structures petition for a zone amendment (a/k/a rezoning), and those buildings or structures do not meet the setback requirements of the zoning district that they are zoning to, those setbacks will now be considered as legal nonconforming. When industrial -zoned properties abut other industrial -zoned properties, or are separated by a road, screening will not be required; but adjacent residential uses will still need to be properly buffered. Citations in several sections that refer to other parts of the ordinance, or other ordinances, need to be corrected. Further, several sections of the Sign Regulations need to be updated to respond to changes in signs commonly used, namely temporary signs and incidental signs for drive - through facilities. 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 1 Basic Provisions, Section 21 -01.02 Zoning Districts and Zone Maps, is hereby amended by adding a new subsection (i) as follows: Existin2 Buildings and Structures — Change of Zoning District. In those instances where buildings and structures exist on a lot or parcel that is subsequently rezoned to another zoning district (a/k/a zone may amendment) those buildmus and structures shall be exempt from seeking variances from the required side, rear, or front yard development standards of that zoning district All existing structures at the time of the rezoning shall be deemed to be legal nonconforming buildmus or structures and shall comply with all provisions of Section 21-01.03 from that point forward.