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11-11-13 Common Council Agenda & Packet
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11-11-13 Common Council Agenda & Packet
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City Council - City Clerk
City Council - Document Type
Agendas
City Counci - Date
11/11/2013
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Ordinance No. <br />AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, <br />ARTICLE 1, BASIC PROVISIONS, TO ADD A NEW SUBSECTION RELATIVE TO <br />THE REZONING OF EXISTING STRUCTURES; ARTICLE 2, RESIDENTIAL <br />DISTRICTS TO REVISE STATE SWIMMING POOL CODE REFERENCES; <br />ARTICLE 4, INDUSTRIAL DISTRICTS, TO REVISE SCREENING <br />REQUIREMENTS; ARTICLE 5 PLANNED UNIT DEVELOPMENT, TO REVISE AN <br />INCORRECT CITATION; ARTICLE 7, GENERAL REGULATIONS, TO REVISE <br />CERTAIN LANDSCAPING REQUIREMENTS BETWEEN RESIDENTIAL AND <br />INDUSTRIAL USES, AND TO REVISE INCORRECT CITATIONS. <br />STATEMENT OF PURPOSE AND INTENT <br />The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance <br />that went into effect on May 7, 2004. Certain changes are deemed necessary for a more <br />affective administration of the ordinance. When properties that have existing buildings or <br />structures petition for a zone amendment (a/k/a rezoning), and those buildings or structures do <br />not meet the setback requirements of the zoning district that they are zoning to, those setbacks <br />will now be considered as legal nonconforming. When industrial -zoned properties abut other <br />industrial -zoned properties, or are separated by a road, screening will not be required; but <br />adjacent residential uses will still need to be properly buffered. Citations in several sections <br />that refer to other parts of the ordinance, or other ordinances, need to be corrected. Further, <br />several sections of the Sign Regulations need to be updated to respond to changes in signs <br />commonly used, namely temporary signs and incidental signs for drive- through facilities. <br />NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, <br />Indiana, as follows: <br />Section I. Chapter 21, Zoning, of the South Bend Municipal Code, Article I Basic <br />Provisions, Section 21 -01.02 Zoning Districts and Zone Maps, is hereby amended by adding a <br />new subsection (i) as follows: <br />D Existing Buildings and Structures — Change of Zoning District. <br />In those instances where buildings and structures exist on a lot or parcel that is <br />subsequently rezoned to another zoning district (alk/a zone may amendment), those <br />buildings and structures shall be exempt from seeking variances from the required <br />side rear, or front yard development standards of that zoning district. All existing <br />structures at the time of the rezoning shall be deemed to be legal nonconforming <br />buildings or structures and shall comply with all provisions of Section 21 -01.03 from <br />that point forward. <br />
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