Amending Chapter 21 Overlay and Special use Districts

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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 4, INDUSTRIAL DISTRICTS TO EXCLUDE USES ALREADY PERMITTED AS A PRIMARY USE FROM THE SPECIAL EXCEPTION USE SUBSECTION; AND MODIFYING ARTICLE 6, OVERLAY AND SPECIAL USE DISTRICTS, TO ADD A NEW SUBSECTION RELATIVE TO THE APPLICABILITY OF THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT TO PLANNED UNIT DEVELOPMENTS. 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. Any use permitted as a primary use in GI General Industrial District is allowed as a special exception use in the LI Light Industrial District. The modification eliminates any duplication of uses as both primary and special exception uses. Furthermore, in August 2011, Section 21 -06.03 was added creating the Northeast Neighborhood Development Area Overlay Zoning District (NNZO). Under the provisions for Planned Unit Developments (PUD) the petition shall specify development standards for each use proposed. The addition of this section would allow the developer of a PUD to create alternative design standards appropriate to the development proposed. 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 4 Industrial Districts, Section 21 -04.01 (a) (2) Special Exception Uses, is hereby amended by modifying subsection (A) as follows: (A) Unless otherwise permitted as a Primary Use in Section 21- 04 -.01 (a) (1) above any Any Primary Use listed in the GI District. Section II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Overlay and Special Use Districts, Section 21 -06.03 (b) Applicability, is hereby amended by adding a new subsection (5) as follows: Planned Unit Development — As part of an application for a Planned Unit Development the applicant may proposed alternative development standards that do not adhere to the standards of the NNZO If approved by the Common Council these alternative development standards will control the development of the site In the event that no alternative development standards are proposed then the standards contained within this NNZO will og vern.