HomeMy WebLinkAboutSubstitute Bill No. 38-16 Proposed Zoning Text Changes to Chapter 21 of the South Bend Municipal Codev
Common Council
City of South Bend Indiana
Jo Broden, 41h District Council Member
4th Floor County -City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
(574) 235 -5978 (574) 235 -9173 Facsimile
July 6, 2016
The South Bend Common Council
4a' Floor County -City Building
South Bend, Indiana 46601
(574)235 -5567 TTY /TDD
Re: Proposed Zoning Text Changes to Chapter 21 of the South Bend Municipal Code
Dear Council Members:
The Common Council of the City of South Bend, Indiana, passed a new zoning ordinance that went into
effect on May 7, 2004. Since the passage of that ordinance over 12 years ago, the housing market has
continued to change and evolve.
The proposed changes in the attached ordinance, broaden our zoning code definition of group residence to
encompass more housing options of interest to persons desiring to live in varied, evolving configurations
of shared residential community then previously defined. It also proposes to expand the areas within our
City where such group residences may locate as special exempted uses. Specifically, the Central Business
District East and the Central Business District West would be additional areas within South Bend to
accommodate innovative and market - responsive group housing models to develop.
This proposed ordinance, in conjunction with the above definition and use expansions, also seeks to clarify
the definition of family. While Common Council initiated, these proposed ordinance changes have been
collaboratively drafted and reviewed with staff members of the Area Plan Commission, as well as, the City
of South Bend Department of Community Investment's planning staff and attorneys from the Department
of Law. All of the proposed changes are aimed at keeping South Bend competitive and welcoming
with respect to changing trends in housing.
I respectively request the Common Council schedule this proposed ordinance for first reading at the July
11 t' Council meeting so that the Bill can be sent to the Area Plan Commission for their meeting of August
16', and to the Council's Zoning and Annexation Committee, with 2nd reading, public hearing and 3'
reading at the August 22,d Common Council meeting. Thank you for your consideration.
Si
J . Broden
outh Bend Common Council Member 4' District
Filed in Clerk's Office
JUL ?016
KAREEMAH FOWLER
CITY CLERK, SOUTH FEND, IN
(574) 235 -5978
July 11, 2016
Mr. Larry Magliozzi
Executive Director
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Common Council
City of South Bend Indiana
Jo Broden, 4th District Council Member
4th Floor County -City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
(574) 235 -9173 Facsimile
Area Plan Commission of St. Joseph County, Indiana
1140 County -City Building
2278 W. Jefferson Boulevard
South Bend, Indiana 46601
Re: Bill No. 37 -16 and Bill No. 38 -16
Dear Mr. Magliozzi:
(574)235 -5567 TTY /TDD
Pursuant to Section 21 -09.01 of the South Bend Municipal Code, I have filed the proposed text
amendments set forth in Bill No. 37 -16 and Bill No. 38 -16, which would amend various sections
of Chapter 21 addressing "Zoning ".
This is to confirm, consistent with that City Code provision and Indiana Code § 36 -7 -4 -607, that
the initiation of both Bills was discussed at an Informal Meeting of the South Bend Common
Council today, and that for procedural purposes the Common Council is initiating the amendments.
Based on discussions and input from your staff, it is my understanding that both proposed
ordinances will have a public hearing before the Area Plan Commission on August 10h, and that
the South Bend Common Council will hold their public hearing on August 22"d
Thank you for your consideration.
Most sincerely,
J . Broden
South Bend Common Council Member 4t' District
cc: The Office of the City Clerk
Filed in Clerk's Office
JUL 2016
KAREEIV tH FOWLER
CITY CLERK, SO1,7H BEND, IN
BILL NO.
ORDINANCE NO.
AN ORDINANCE INITIATED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE,
ARTICLE 3 BY ADDING GROUP RESIDENCE TO SPECIAL EXCEPTION USES IN CBD
CENTRAL BUSINESS DISTRICT; AND SECTION 11 BY UPDATING THE DEFINITION
OF FAMILY AND GROUP RESIDENCE.
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. Since the adoption of the ordinance, the housing market has continued to
change and evolve. The proposed changes recognize the growing popularity of non - traditional
housing arrangements. Providing an opportunity for Group Residence within the densely populated
Central Business District will allow for the changing trend in housing to be accommodated where the
services and infrastructure are already in place or can be reasonably developed.
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 3
Commercial /Mixed Use Districts, Section 21 -03.06 CBD Central Business District, subsection
(a) (2) Special Exception Uses, is hereby amended as follows:
(H) Residential (in CBD Districts located west of the St. Joseph River): Multifamily
Dwellings; Group Residence
(I) Residential (in CBD Districts located east of the St. Joseph River): Group Residence
(4) Q)
SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11 Definitions,
Section 21 -11.02 Definitions, is hereby amended as follows:
Family: One (1) or more persons related by blood, legal adoption or marriage, living and
cooking together as a single housekeeping unit, _ lusi -, _ of heuseheld se_ . ants;
., nnb or„°rso ; or, a number of persons, but not exceeding two (2) who
are not related by blood, legal adoption or marriage, living and cooking together
as a single housekeeping unit, shall be deemed to constitute a family. A person or
persons residing with a family as hereinabove defined by reasons of placement by
a publicly licensed placement agency shall be considered as members of that
family.
Group Residences: A residential facility whieh in addition to providing any combination
of food, and shelter, may also provide safne ee ibi at -c== of personal care, social
services, counseling services or transportation to residents; or a residential facility
providing common living areas such as a kitchen, living room, dining room or
recreational rooms. Group residences would include halfway houses, work release
houses or any other similar form of residential facility for individuals which do
not qualify as a family or any other form of residential facility expressly provided
for in this ordinance.
SECTION III. This ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the Mayor, and legal publication.
Attest:
City Clerk
it READING
PUBLIC~ HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED
Member of the Common Council
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock . M.
Approved and signed by me on the
o'clock . M.
City Clerk
day of
Mayor, City of South Bend, Indiana
2 , at
Filed in Clerk's Office
JUL 0::6 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
ORDINANCE NO.
AN ORDINANCE INITIATED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICPAL CODE,
ARTICLE 3 BY ADDING GROUP RESIDENCE TO SPECIAL EXCEPTION USES IN CBD
CENTRAL BUSINESS DISTRICT; AND SECTION 11 BY AMENDING THE DEFINITIONS
OF DWELLING UNIT, FAMILY AND GROUP RESIDENCE.
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. Since the adoption of the ordinance, the housing market has continued to
change and evolve. The proposed changes recognize the growing popularity of non - traditional
housing arrangements. Providing an opportunity for Group Residence within the densely populated
Central Business District will allow for the changing trend in housing to be accommodated where the
services and infrastructure are already in place.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana as follows:
SECTION 1. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3
Commercial /Mixed Use Districts, Section 21 -03.06 CBD Central Business District, subsection
(a) (2) Special Exception Uses, is hereby amended as follows:
(H) Residential (in CBD Districts located west of the St. Joseph River): Multifamily
Dwellings; Group Residence
(I) Residential (in CBD Districts located east of the St. Joseph River): Group Residence
(4) _(:D
SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11 Definitions,
Section 21 -11.02 Definitions, is hereby amended as follows:
Dwelling Unit: A room or group of rooms designed and equipped exclusively for use as
a it household employees, including
living quarters for only one (1) family ..���
provisions for sleeping, lawful cooking, and sanitary facilities. The term shall
include mobile dwellings, modular dwellings and manufactured dwellings but
shall not include recreational vehicles.
Family: One (1) or more persons related by blood, legal adoption or marriage, living and
cooking together as a single housekeeping unit, exelusive of household sefvaf ft
number of per-se ; or, a number of persons, but not exceeding two (2) who
are not related by blood, legal adoption or marriage, living and cooking together
as a single housekeeping unit, shall be deemed to constitute a family. A person or
persons residing with a family as hereinabove defined by reasons of placement by
a publicly licensed placement agency shall be considered as members of that
family.
Group Residences: A residential facility w -hieh in ,,,adifie„ to providing any combination
of food, and shelter, may a4se provide some mbin +i ^�� personal care, social
services, counseling services or transportation to residents; or a residential facility
providing_ common living .areas such as a kitchen living room, dining room or
recreational rooms. Group residences would include halfway houses, work release
houses or any other similar form of residential facility for individuals which do
not qualify as a family or any other form of residential facility expressly provided
for in this ordinance.
SECTION III. This ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the Mayor, and legal publication.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock . M.
Approved and signed by me on the
o'clock . M.
City Clerk
day of
Mayor, City of South Bend.;
I * MADI iG
PL#IILJC WRING
3 rd -WAVING
NOT A:PPRCSYED
RUMED
PASSED
2 , at
in Clerk's Office
AUG 0 3 2016
CITY CLERK, SOUTH BEND, IN