HomeMy WebLinkAboutAuthorizing Legislation for PUDs (Supporting Document for Bill No. 41-16)1 F Fred In Clerk'sQ��
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QU� O 3 2016 Section 21 -03.06
_��,� CBD Central Business District based PUD
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CBD Central Business District based PUD
Intent — This Planned Unit Development ( "PUD ") is based off the existing ordinances for the
CBD Central Business District. All ordinances applicable to CBD shall apply to this PUD,
when city ordinance that applies to CBD conflicts with this document, the modifications in
this document have precedence. The intent of this PUD is similar to the intent of the CBD that
is established to promote the development of the downtown region of the City of South Bend as
a center for trade, finance, government, high density residential and entertainment districts
within St. Joseph County and north central Indiana. The regulations of this district are intended
to encourage high density, mid -rise and high rise developments which may include a mixture of
compatible urban uses. The development standards in this district, while designed to provide
for high density development, also encourage a pedestrian friendly environment supportive of
urban residential developments, retail, restaurant, theater and similar business and cultural uses
associated with major metropolitan areas.
(a) Permitted Uses.
(1) Primary Uses.
(A) Clothing Service: Including but not limited to: Costume Rental;
Dressmaking; Dry Cleaning and Laundry Establishment; Millinery
(Fabric) Shop; Self- service Laundry; Shoe Repair Shop; Tailor and
Pressing Shop; Tuxedo Rental.
(B) Educational Uses: Including but not limited to: Child Care Center; Child
Care Ministry; Cottage School; Public Library; School — Commercial,
Trade or Business.
(C) Food Sales and Service: Including but not limited to: Bakery — Retail;
Bar ; Cabaret — 21 and Over ; Cabaret — Family; Convenience Store;
Dairy Bar — Retail; Delicatessen; Farmers Market; Grocery; Ice Cream
Store — Retail; Nightclub ; Restaurant — Fast Food; Restaurant —
Family; Restaurant — Family with Lounge; Tavern ; Yogurt Store —
Retail.
(D) Governmental Use: Including but not limited to: Governmental Offices;
Post Office — without outdoor parking of delivery vehicles.
(E) Miscellaneous: Including but not limited to: Bed & Breakfast; Bus, taxi,
or limousine terminal, without repair; Clinic (medical, dental or
optometrists); Conference Center; Cottage Business/ Residential;
Electrical / Electronics Repair; Hospital; Hotel; Hostel; Laboratories;
Print Shop; Publishing; Radio / TV Stations (provided any antenna shall
comply with the regulations for Communication / Utilities); Video
Production Studios. (Ord. No 9653 -06)
Section 21 -03.06
CBD Central Business District based PUD
(F) Office / Professional Services: Including but not limited to: Architect;
Artist; Bank Machines - Walk -up; Construction Companies (office only);
Consultant; Contractors (office only); Dentist; Design Services; Engineer;
Financial Institution; Insurance Agent; Lawyer; Musician; Physician;
Pharmacist; Photographic Studio; Professional Offices; Real Estate
Office; Travel Agency.
(G) Personal Service: Including but not limited to: Barber Shop; Beauty
Shop; Health Spa; Fitness Center.
(H) Public Facilities: Including but not limited to: Community Center;
Funeral Home; Mortuary; Museum; Public or Private Park — Active or
Passive; Religious Use; Commercial Parking Lot; Parking Garage.
(I) Recreation: Including but not limited to: Aerobics Studio; Amusement
Arcade ; Banquet Hall; Billiard Hall ; Dance Studio; Public Dance
Hall ; Social Hall; Theater — indoor.
(J) Residential — : Including but not limited to: Dwelling Units — limited to
(i) floors above the first floor or (ii) ground floor of the building if
located behind another ground floor, non - residential permitted use;
Convalescent Home; Nursing Home; Rest Home.
(K) Residential —: Including but not limited to: Multifamily dwellings;
Dwelling Units — limited to floors above the first or ground floor of
the building; Convalescent Home; Nursing Home; Rest Home.
(L) Retail: Including but not limited to: Antique Shop; Apparel Shop; Art
Gallery; Arts and Craft Store; Bicycle Sales and Service; Camera Store;
Card Shop; Clock Shop; Coin and Stamp Shop; Computer Store; Drug
Store; Flower Shop; Frame Shop; Gift Shop; Hobby Shop; Toy or
Game Shop; Jewelry Store; Liquor Store; Music Store; Newsdealer;
Pawnshop *; Shoe Store; Stationery and Book Store; Tobacco Store;
Video Store.
(M) Utilities: Including but not limited to: Roof -top Antenna.
* = Controlled Use. See Section 21 -08.02 — Special Regulations for Controlled
Uses for additional requirements.
Section 21 -03.06
CBD Central Business District based PUD
(2) Special Exception Uses.
(A) Automotive Uses: Including but not limited to: Automobile Repair —
major; Automobile Repair — minor; Automobile Parts Sales (new);
Automobile Sales & Service; Automobile Quick Oil Change Facility;
Gasoline Service Station with minor repair (not to exceed two (2)
accessory indoor service bays); Gasoline Service Station without repair;
Tire and Auto Service Center.
(B) Food Sales & Service: Including but not limited to: Manufacturing
Retailers; Restaurant — Drive In; Restaurant — Drive Through.
(C) Governmental Use: Including but not limited to: Post Office — with
outdoor parking of delivery vehicles.
(D) Miscellaneous: Including but not limited to: Casinos, Approved Hotels
and other areas where gambling games are conducted *; Off -Tract Pari-
mutuel Wagering Facility *.
(E) Office / Professional Services: Including but not limited to: Financial
Institution with drive -up or drive- through facilities.
(F) Personal Service: Including but not limited to: Tattoo, Body Piercing,
Scarifying and Branding Establishments *.
(G) Recreation: Including but not limited to: Stadium; Arena.
(H) Residential:
Multifamily Dwellings.
(I) Utilities: Including but not limited to: Electricity Relay Station; Public
Utility Substation; Pumping Stations; Water Towers; Any Ground
Mount Antenna Installation.
* = Controlled Use. See Section 21 -08.02 — Special Regulations for Controlled
Uses for additional requirements.
(3) Accessory Uses — See Section 21 -03.11 (a) — Accessory Uses, Buildings and
Structures.
(4) Temporary Uses — See Section 21 -03.11 (b) — Temporary Uses, Buildings and
Structures.
(5) Home Occupations — See Section 21 -03.11 (c) — Home Occupations.
Section 21 -03.06
CBD Central Business District based PUD
(b) Development Standards.
(1) Minimum Lot Width and Frontage — each lot or integrated center shall have a
minimum lot width and frontage on a public street of 30 feet.
(2) Yards and Building Setbacks:
(A) Front - a front yard and building setback measured from the greater of the
proposed right -of -way or existing right -of -way shall be provided as
follows:
Minimum Maximum
Limited Access Highway: 50' NA
All Other Streets: 0' 15'
Provided, however, on all streets except limited access highways, building
placement shall be in compliance with the following regulations:
For sites containing one building — in elevation view from the
street frontage, at least fifty percent (50 %) of the length of the
fagade of the building facing a street shall be located at or between
the minimum setback and the maximum setback;
ii. For sites containing multiple buildings — in elevation view from the
street frontage, at least fifty percent (50 %) of the visible fagades of
the buildings facing a street shall be located at or between the
minimum setback and the maximum setback; and,
iii. parking areas and interior access drives shall not be located in
front of the maximum setback.
(B) Minimum Side Yard and Setback — The minimum side yard and setback
for all integrated centers and single use sites shall be as follows:
Minimum Side Yard - zero (0) feet
Section 21 -03.06
CBD Central Business District based PUD
(C) Minimum Rear Yard and Setback — The minimum rear yard and setback
for all integrated centers and single use sites shall be as follows:
i. Minimum Rear Yard - zero (0) feet, however
(D) Minimum Yards for Out Lots - All lots which are part of an integrated
center shall be considered out lots. Out lots within an integrated center
shall not be required to provide a minimum side yard or minimum rear
yard along lot lines in common
with other out lots. If any
portion of an out lot abuts the
perimeter of an integrated
center, that portion of the out lot
shall be required to comply with
the applicable minimum front
yard, minimum side yard or
minimum rear yard
requirements set forth above.
(3) Use of Minimum Yards
All minimum yards when required,
shall be landscaped in compliance
with the requirements for perimeter
yard landscaping as set forth in
Section 21- 07.01 — Landscape
Regulations of this Ordinance and
shall remain free from structures,
except where expressly permitted
below:
Plaza Location and Street Frontage
Landscaping
Section 21 -03.06
CBD Central Business District based PUD
(A) Minimum Front Yards —
along limited access highways — may include: parking areas,
loading areas, interior access drives, interior access driveways, or
gasoline sales areas, provided that no portion of such area may be
located closer to the right -of -way than fifteen (15) feet; or, signs
as regulated by Section 21 -07.03 — Sign Regulations of this
Ordinance, and shall be otherwise maintained as open space free
from buildings or structures;
ii. along all other streets, when a front yard is provided, such front
yard may include: driveways; or, signs as regulated by Section
21 -07.03 — Sign Regulations of this Ordinance, and shall otherwise
be developed as plazas in compliance with the following
requirements:
a. shall be located adjacent to a building;
b. shall be surfaced with concrete, brick or other form of
hardsurface paver appropriate for the proposed
development, except for those areas required for trees,
foundation landscaping or planters;
C. shall be planted with shade trees spaced twenty -five (25)
feet on- center along the portion of the plaza perimeter
which abuts the right -of -way of a public street. If trees
exist on an abutting lot, the on- center spacing of the trees
shall be measured from such existing trees; and,
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Plaza
Perimeter Yard
Example of Tree Placement along Street Frontage
Section 21 -03.06
CBD Central Business District based PUD
d. shall maintain surface areas at a slope of less than 3%,
surface areas may be stepped, where appropriate, as
necessary to accommodate natural topography.
(B) Minimum Side and Rear Yards — when a side yard or rear yard is
provided, such side yard or rear yard may include driveways, interior
access driveways, parking areas, loading areas, walkways or other
pedestrian way connections to adjoining lots, provided that the remainder
of said yards shall be maintained as opens space free from buildings or
structures;
(4) Building Height.
(A) PUD:
i. Minimum Front Fagade Height — in the elevation view from the
street frontage, twenty -two (22) feet.
ii. Maximum Building Height — the lesser of sixty (175) feet or five
(12) stories.
(5) Landscaping — See Section 21 -07.01 — Landscape Regulations.
(6) Lighting — See Section 21 -07.02 — Lighting Regulations.
(7) Signs — See Section 21 -07.03 — Sign Regulations.
Section 21 -03.06
CBD Central Business District based PUD
(8) Parking — See Section 21 -07.04 — Off - Street Parking Regulations.
(9) Loading — See Section 21 -07.05 — Off - Street Loading Regulations.
(10) Greenway Connection Required — If the lot abuts any portion of a greenway, a
direct linkage from the project to such greenway shall be provided.
(11) Outdoor Operations - All uses and operations (except off - street parking, off - street
loading and delivery and walk -up customer service windows) shall be conducted
completely within enclosed buildings, except where expressly permitted below:
(A) Outdoor seating for restaurants provided that such outdoor seating:
i. shall be located in a plaza as set forth above;
ii. may be located on a sidewalk in an abutting street right -of -way
provided that a useable sidewalk width of not less than five (5) feet
is maintained;
iii. shall be permitted only along the business' tenant bay or storefront
fagade; and,
iv. shall not block an entrance or exit to or from the business or
building;
(B) Outdoor display or sales of merchandise:
i. shall be located in a plaza as set forth above;
ii. may be located on a sidewalk in an abutting street right -of -way
provided that a useable sidewalk width of not less than five (5) feet
is maintained;
iii. shall be permitted only along the business' tenant bay or storefront
fagade;
iv. shall not block an entrance or exist to or from the business or
building;
V. shall be permitted only during the hours of operation of the
business and shall be removed at the close of each business day;
Section 21 -03.06
CBD Central Business District based PUD
(C) Walk -up customer service windows or Automated Teller Machines
(ATM's), provided that such facilities are not free - standing and are set
flush with the facade of the building.
(12) Architecture:
(A) Additions to Existing Buildings: All additions to existing buildings shall
utilize building materials that are compatible and harmonious with the
materials used on the existing building.
(B) Exterior Renovations, Major Additions and Accessory Buildings: Exterior
renovations, major additions and accessory buildings to existing buildings
or facilities are encouraged to comply with the provisions in sub - Section
(C), below, for new construction, however, the minimum requirement for
exterior renovations, major additions and accessory buildings shall be the
same as in sub - Section (A), above, for additions to existing buildings.
(C) New Construction: In order to create variation and interest in the built
environment, all new primary buildings shall comply with one (1) of the
following two (2) sets of architectural regulations regarding building
material and architectural features on each facade visible from a public
street:
i. All brick (excluding window, display window, door, roofing,
fascia and soffit materials), provided that the brick used on each
applicable facade shall include:
a. at least two (2) architectural elements (e.g., quoins,
pilasters, soldier courses, lintels, friezes, cornices, dentils,
architraves, etc.); or,
b. at least two (2) colors of brick, with the secondary color
constituting a minimum of ten (10) percent of the facade
(excluding windows, display windows, doors, roofing,
fascia or soffit materials); or,
ii. Two (2) or more building materials (excluding window, display
window, door and roofing materials), provided:
a. Primary Building Material: The primary building material
shall be either: brick; stone (limestone, granite,
fieldstone, etc.); architectural pre -cast concrete, if the
surface looks like brick or stone; or, exterior insulation and
Section 21 -03.06
CBD Central Business District based PUD
finish system (E.I.F.S.) or equivalent, and shall constitute a
minimum of fifty (50) percent of each applicable facade.
b. Secondary Building Material: The secondary building
material shall constitute a minimum of zero (0) percent of
the facade. Glass curtain wall or a faux window (not
intended for use as a window or display window) may
qualify as a secondary building material.
C. Architectural Features: In addition, the exterior building
material selection shall be supplemented with the use of
multiple colors, textures (e.g., rough, smooth, striated, etc.)
or architectural elements (e.g., quoins, pilasters, soldier
courses, lintels, friezes, cornices, dentils, architraves, etc.)
on each facade visible from a public street.
Section 21 -07.03 Sign Regulations
(g) General Sign Regulations
Section 21 -07.03 Sign Regulations.
(c) General Sign Regulations.
(1) Calculation of Sign Surface Area.
(A) Multifaced Signs.
The sign surface area for a sign with more than
one (1) sign face shall be computed by adding
together the sign surface area of all sign faces
visible from any one point. When two (2) sign
faces are placed back to back, or at no greater than
fifteen (15) degrees from one another, so that both
15 �
faces cannot be viewed from any point at the same
time, the sign surface area shall be computed by
the measurement of one (1) of the sign faces. In
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addition, except for off - premise signs, such sign
faces that are part of the same sign structure shall
not be more than forty -two (42) inches apart.
Sign Face Angle
and Separation
(B) Monument Sign Support Base as Sign Surface
Area.
In the case of a freestanding monument sign with an ornamental shell or external
support structure in excess of twenty -four (24) inches in width and in
excess of one (1) foot in height above grade to the base of the sign face,
the ornamental shell or external support structure shall be considered to
be the background of the display used to differentiate the sign from the
backdrop and the area of ornamental shell or external support structure
shall be included in the calculation of sign surface area.
.................. ....................
Area 1
Area 2
Support Area 1 (Less than Vin height)
- .......................... ..........................
Area 1
Area 2
Supports
> 24" wide
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Support Base — Not Sign Surface Area Support Base — Part of Sign Surface Area
(C) Sign Surface Area Determinations.
When calculating the sign
surface area of any sign,
a maximum of three (3)
distinct and abutting
"Areas" made up of
circles, ovals squares or
rectangles may be used to
encompass the extreme
limits of the writing,
representation, emblem,
or other display, together
with any material or color
Section 21 -07.03 Sign Regulations
(g) General Sign Regulations
- Area
Area 2
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�- Area 3
forming an integral part Areas Used to Determine Sign Surface Area
of the background of the
display or used to differentiate the sign from the backdrop or structure
against which it is placed.
In the case of a freestanding monument sign with a base or pole cover not in
excess of twenty -four (24) inches in width and not in excess of one (1)
foot in height above grade to the base of the sign face, a maximum of two
(2) "Support Areas" shall be permitted which shall not be included in the
count of the maximum number of "Areas ". Any such additional "Support
Areas ", or "Support Areas" in excess of twenty -four (24) inches in width
and in excess of one (1) foot in height above grade to the base of the sign
face, shall be included in the overall calculation of sign surface area.
(D) Facade Area Calculations for Building Signs — When calculating the area
of a fagade upon which a building sign may be placed, the following
regulations shall be followed to determine the area of the fagade:
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Fagade Area = A X B
Fagade Area Calculations — Square or Rectangular Shaped Fagade
Section 21 -07.03 Sign Regulations
(g) General Sign Regulations
i. Square or Rectangular Shaped Fagade — The area of the fagade of
the building or tenant space shall be the length of the building or
tenant space times the height of the building or tenant space.
ii. Irregular Shaped Facade — The area of the fagade shall be the
actual surface area of the fagade of the building or tenant space
above grade and beneath the top of the wall.
® — Facade Area
Fagade Area — Irregular Shaped Facade
iii. Lower Level Signs — The area of the fagade for lower level
building signs shall be the actual surface area of the fagade of the
building or tenant space above grade and beneath the lesser of top
of the wall or eighteen (18) feet above grade.
iv. Upper Level Signs - The area of the fagade for upper level
building signs shall be the actual surface area of the fagade of the
building or tenant space located above eighteen (18) feet above
grade.
IE— A �I
Upper Level I UVU
Sign Facade B
A X B C Upper Level
Sign Facade
Lower Level Lower Level
Sign Facade 18 18 Sign Facade
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A 18' � � CX18'
Facade Area – Upper and Lower Level Signs
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(E)
Section 21 -07.03 Sign Regulations
(g) General Sign Regulations
V. Buildings With Irregular Footprints — The area of the fagade shall
be determined by the smallest two dimensional area, pursuant to
the above regulations, from which the fagade, or portion thereof,
may be viewed.
Signs on Ornamental, Decorative
Fence or Masonry Wall — The sign
surface area of a sign face located
on an ornamental, decorative fence
or masonry wall shall be limited to
the area of the sign face only if the
fence or wall has a length of not less
than three (3) times the width of the
sign or message element. If a fence
or wall is less than three (3) times
the width of the sign or message
element, the fence or wall shall be
deemed to be part of the background
of the display used to differentiate
the sign from the backdrop and the
entire area of the fence or wall shall
be considered part of the sign
surface area.
Facade A�
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Facade A - Sign 1
Facade B - Signs 2 & 3
Facade C - Sign 4
Facade D - Signs 5, 6 & 7
Fagade Area for Buildings
with Irregular Footprints
Ornamental, Decorative Fence or Masonry Wall Greater Than Three Times Length of Sign
(2) Freestanding Signs as Accessory Structures.
Freestanding signs and sign structures are hereby declared to be accessory
structures. As accessory structures, freestanding signs and sign structures may
not occupy a lot without a primary use or building also being legally located on
the lot, unless in compliance with the regulations of this ordinance for temporary
signs or off - premise signs.
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Fagade Area for Buildings
with Irregular Footprints
Ornamental, Decorative Fence or Masonry Wall Greater Than Three Times Length of Sign
(2) Freestanding Signs as Accessory Structures.
Freestanding signs and sign structures are hereby declared to be accessory
structures. As accessory structures, freestanding signs and sign structures may
not occupy a lot without a primary use or building also being legally located on
the lot, unless in compliance with the regulations of this ordinance for temporary
signs or off - premise signs.
Section 21 -07.03 Sign Regulations
(g) General Sign Regulations
(3) Removal of Freestanding Signs.
Notwithstanding anything contained in Section 21 -01.03 (k) — Legally Established
Nonconforming Signs to the contrary, freestanding on- premise signs and sign
structures, shall be subject to the following removal provisions: (Ord. No. 10269-
13, 11- 11 -13)
(A) When the building, or any activity, business, entertainment, commodity,
product, profession or service conducted, manufactured, offered or sold on
the premise not located in a building, is removed, any sign and sign
structure located on the lot and accessory to such building, or activity,
business, entertainment, commodity, product, profession or service shall
also be removed coincidentally with the removal of such building, or
activity, business, entertainment, commodity, product, profession or
service. Any new sign or sign structure located after such coincident
removal, shall be located in compliance with the provisions of this
Ordinance.
(B) When a legally established nonconforming building, or any activity,
business, entertainment, commodity, product, profession or service not
located in a building, suffers a partial destruction in excess of the value
specified in Section 21 -01.03 (k) — Legally Established Nonconforming
Si ns of this Ordinance and such building, or activity, business,
entertainment, commodity, product, profession or service must be
removed and brought into compliance with the terms of this Ordinance,
any sign or sign structure located on the lot shall also be brought into
compliance with the terms of this Ordinance. (Ord. No. 10269 -13, 11 -11-
13)
(4) Cutting of Trees or Shrubs.
No person, for the purpose of increasing or enhancing the visibility of any sign, shall
damage, trim, destroy, or remove any trees, shrubs or other vegetation located:
(A) Within any public street right -of -way unless the work is done pursuant to
the express written authorization of the governmental department having
jurisdiction over said public street;
(B) On property that is not under ownership or control of the person doing or
responsible for such work unless the work is done pursuant to the express
authorization of the person owning the property where such trees or shrubs
are located; or,
Section 21 -07.03 Sign Regulations
(g) General Sign Regulations
(C) In any area where such trees or shrubs are required to remain under a
permit issued under this Ordinance.
(5) Illuminated Signs.
(A) Lighting directed towards a sign shall be shielded so that it illuminates
only the sign surface and does not shine on, cause glare to or otherwise
impair the vision of the driver of any motor vehicle traveling on a public
right -of -way.
(B) This sub - Section shall not apply to signs that are an integral part of a
vending machine, telephone booth or, do not exceed two (2) square feet in
sign surface area.
(6) Changeable Copy Signs.
Changeable copy signs shall be permitted as part of an otherwise permitted sign,
provided that:
(A) If a single use site, a maximum of one (1) changeable copy sign shall be
permitted which may be part of either a freestanding sign or a wall sign;
(B) If an integrated center, either one (1) changeable copy sign shall be
permitted as part of a freestanding sign, or each individual use within an
integrated center shall be permitted one (1) changeable copy sign as part
of a permitted wall sign; and
(C) A changeable copy sign may be used as part of either a freestanding sign
or as part of a wall sign, but not both.
(7) Gasoline Service Station Signs.
Signs may be located on a gasoline island canopy, gasoline island spandrels,
pump islands or dispensers and shall be considered as and regulated as building
wall signs subject to the following exceptions:
(A) Such signs located on a gasoline island canopy, gasoline island spandrels,
gasoline pump islands or gasoline dispensers shall not exceed:
i. fifty (50) percent of the surface area of the facade of the canopy;
or,
ii. fifty (50) percent of the facade of the gasoline dispensers,
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spandrel or pump island upon which such sign is located.
(B) Such signs may be located on either a gasoline island spandrel or a
Gasoline Service Station — Canopy, Spandrel, Pump Island and Disp &nser Signs
(8) Maintenance of Signs.
Nothing contained in this Ordinance shall be construed to prevent the maintenance,
repainting or posting of legally established signs. Maintenance shall include
the replacement of sign surfaces within a sign structure provided that the sign
structure is not removed or changed in any dimension. All signs shall be
maintained in good repair (e.g., without pealing paint or broken sign faces) and
in operable condition (e.g., if internally illuminated, all light bulbs or tubes
shall be operational) at all times. The City of South Bend may order the
removal of any sign which becomes a public hazard due to lack of maintenance
and repair.
(9) Compliance with Other Codes.
All signs shall be constructed, connected, operated and maintained according to the
specifications of the building and electrical codes of the City of South Bend.
(10) Clear Sight Areas.
No sign shall interfere with the clear sight area specified in Section 21 -01.01 (t) — Clear
Sight Area Requirements.
Section 21 -07.03 Sign Regulations
(e) On- Premise Signs
Section 21 -07.03 Sign Regulations.
(d) On- Premise Signs:
(1) Freestanding Identification Signs.
(A) Type of Signs.
Freestanding identification signs shall be monument signs.
(B) Number of Signs.
When a lot abuts more than one street or limited access highway and
qualifies for an additional freestanding identification sign, the minimum
separation between freestanding identification signs on the lot, regardless
of the orientation of the freestanding identification signs, shall be zero (0)
feet.
(C) Maximum Sign Surface Area of Freestanding Signs.
Maximum sign surface area shall apply individually to each street or
limited access highway.
The maximum sign surface area shall not exceed ten (10) square feet for
each one (1) lineal foot that a lot abuts a street or limited access highway
to a maximum sign surface area of:
(D) Minimum Front Yard Setback, Side Yard Setback and Rear Yard Setback
for Freestanding Identification Signs.
i. Limited Access Highway — The minimum front yard setback for
any freestanding identification sign shall be fifty (50) feet from
proposed right -of -way.
Section 21 -07.03 Sign Regulations
(e) On- Premise Signs
ii. All Other Streets — There shall be no minimum required front yard
setback, side yard setback or rear yard setback for freestanding
identification signs, provided, however, such signs shall not
encroach into any public right -of -way or any clear sight area
regulated by Section 21 -01.01 (t) — Clear Sight Area
Requirements.
(E) Maximum Height of Freestanding Identification Signs.
The maximum height of a freestanding monument identification sign shall
not exceed:
Fifteen (15) feet in height above grade.
(2) Building Identification Signs
(A) Lower Level Building Identification Signs.
Building identification signs located on the first eighteen (18) feet of
building height or the actual building height, whichever is less, shall be
considered lower level building identification signs. Lower level building
identification signs shall be limited to wall signs. In addition, awning
signs, canopy signs or marquee signs may be permitted subject to the
provisions of Section 21 -07.03 (e) (2) (D), below, or projecting signs may
be permitted subject to the provisions of Section 21 -07.03 (e) (2) (C),
below. (Ord. No. 10269 -13, 11- 11 -13)
The total sign surface area of all lower level building identification signs
oriented to an individual facade shall not exceed:
i. Front Facade — thirty (30) percent of the total area of the first
eighteen (18) feet or the actual building height, whichever is lesser,
of front facade of a building; and,
ii. Side Facade and Rear Facade — twenty (20) percent of the total
area of the first eighteen (18) feet or the actual building height,
whichever is lesser, of a side or rear facade of a building,
provided, however, that for any side facade or rear facade of a
building oriented toward a customer parking area, street or limited
access highway, the maximum sign surface area of thirty (30)
percent shall apply.
2
Section 21 -07.03 Sign Regulations
(e) On- Premise Signs
(B) Upper Level Building Identification Signs.
Building identification signs located above the first eighteen (18) feet of
building height shall be considered upper level building identification
signs.
The total sign surface area of all upper level building identification signs
oriented to an individual facade shall not exceed:
i. Front Facade - fifty (50) percent of the total area of the front facade
of a building located above eighteen (18) feet above grade; and,
ii. Side and Rear Facades - thirty (30) percent of the total area of a
side or rear facade of a building located above eighteen (18) feet
above grade, provided, however, that for any side facade or rear
facade of a building oriented toward a customer parking area,
street or limited access highway, the maximum sign surface area
of fifty (50) percent shall apply.
F-11
Upper Level
Sign Facade B
A X B C Upper Level
Sign Facade
Lower Level 18� Lower Level
Sign Facade 18' Sign Facade
AX18' CX18'
Determination of Lower Level / Upper Level Signs
Section 21 -07.03 Sign Regulations
(e) On- Premise Signs
(C) Projecting Building Identification Signs.
i. Maximum Height of Projecting Building Identification Signs.
Projecting building identification signs shall not extend fifteen (15)
feet above the roof line.
ii. Sign Surface Area.
a. Total Area — The sign surface
area of a projecting building
identification sign shall not
exceed the sign surface area
allocated to either: lower
level building identification
signs; or, upper level building
identification signs, whichever
is applicable based upon the
location on fagade of the
building upon which the
projecting building
identification sign is attached.
b. Sign Split between Upper and
Lower Levels — In the case of
a projecting building projecting Sign
identification sign located
partially as a lower level sign
and partially as an upper level sign, the sign surface area
regulations regarding upper level building identification
signs shall apply.
Corner Lots — In the case of a projecting building
identification sign located on the corner of a building
oriented toward the intersection of two or more streets,
such corner projecting building identification sign shall
count against the total sign surface area of building
identification signs authorized on the smaller front facade.
Section 21 -07.03 Sign Regulations
(e) On- Premise Signs
iii. Maximum Number of Projecting Building Identification Signs.
a. Front Facade — One (1) projecting building identification
sign shall be permitted for each fifty (50) feet in width of
a front facade of a building oriented toward a street.
Whenever more than one (1) projecting building
identification sign is permitted, the minimum separation
between projecting building identification signs oriented
toward the same street shall twenty -five (25) feet.
b. Corner Lots — In the case of a building located on a corner
lot, a projecting building identification sign may be located
at the corner of the building oriented toward the
intersection of two or more streets, provided, however, that
no other projecting building identification signs shall be
located on the same building within one - hundred (100) feet
of a corner projecting building identification sign,
regardless of orientation.
iv. Maximum Projection from Building for Projecting Building
Identification Signs.
a. Projection from Building — No projecting building
identification sign or sign structure supporting a projecting
building identification sign shall extend more than eight (8)
feet from or beyond its supporting building.
b. Distance from Curb — No projecting building identification
sign or sign structure shall not extend any closer to an
imaginary perpendicular vertical plane located at the street
pavement line, curb or outside edge of sidewalk than three
(3) feet.
a. Encroachment over Right -of -Way — Projecting building
identification signs in compliance with the above
regulations may project into the air rights of a public
right -of -way if approval for such encroachment into the air
rights of a public right -of -way is obtained from the
governmental authority having jurisdiction prior to the
placement of the projecting building identification sign.
Section 21 -07.03 Sign Regulations
(e) On- Premise Signs
ii. Minimum Height Above Grade for a Projecting Building
Identification Sign.
The bottom edge of a projecting building identification sign shall
not be less than ten (10) feet above grade over a walkway or fifteen
(15) feet above grade over a driveway.
(F) Awning Sign, Canopy Sign or Marquee Sign.
Wherever a lower level building identification sign is permitted, the use of
an awning sign, canopy sign or marquee sign shall be allowed subject to
the following provisions:
Total Area — The total area of the awning, canopy or marquee (i.e.,
the combined two dimensional surface area of all sides of the
awning, canopy or marquee) shall not exceed the sign surface area
allocated to lower level building identification signs on the facade
of the building upon which the awning, canopy or marquee is
attached.
ii. Sign Surface — The portion of the awning, canopy or marquee
which includes a sign surface shall not exceed:
fifty (50) percent of the total area of an awning or canopy;
or,
seventy -five (75) percent of the total area of a marquee.
iii. Clearance to Grade — The bottom edge of the:
awning or canopy shall:
not be less than eight foot — six inches (8'— 6 ")
above grade over a walkway for any portion of a
rigid framing; and,
not less than seven foot — six inches (7'— 6 ") above
grade over a walkway for any portion of a flexible
cloth, canvas or similar skirt which may be
suspended below the rigid framing a maximum of
one (1) foot;
marquee shall not be less than nine (9) feet above grade
over a walkway; or,
Section 21 -07.03 Sign Regulations
(e) On- Premise Signs
awning, canopy or marquee shall not be less than fifteen
(15) feet above grade over a driveway, interior access drive
or alley.
iv. Projection from Building — The maximum projection of an awning,
canopy or marquee shall not exceed eight (8) feet from or beyond
its supporting building and shall not project beyond any walkway
adjacent to the building.
V. Marquee Sign — A marquee sign may include a non - changeable
copy sign attached to or mounted on top of a marquee, subject to
the sign surface area limitations set forth above.
vi. Encroachment Over Public Right -of -Way — No awning, canopy or
marquee shall encroach into the air rights of any public street
right -of -way.
(11) Incidental Signs.
(A) Type of Signs.
Incidental signs shall be monument signs or wall signs.
(B) Number of Signs.
i. If a lot has one (1) driveway, two (2) incidental directional signs
shall be permitted at the driveway entrance or exit;
ii. If a lot has more than one (1) driveway, one (1) incidental
directional sign shall be permitted for each driveway; and,
iii. One (1) incidental directional sign or one (1) incidental parking
and loading sign shall be permitted at each critical turning point
along an interior access drive when required to safely direct
vehicular traffic (e.g., to direct vehicular traffic to: a drive -up
window; a customer or employee parking area; or, a delivery or
loading area).
Section 21 -07.03 Sign Regulations
(e) On- Premise Signs
(C) Maximum Sign Surface Area of Incidental Signs.
The maximum sign surface area of incidental signs shall not exceed:
i. Fifteen (15) square feet in sign surface area per sign.
(D) Minimum Front Yard Setback, Side Yard Setback and Rear Yard Setback
for Freestanding Incidental Signs.
There shall be no minimum required front yard setback, side yard setback
or rear yard setback for freestanding incidental signs, provided, however,
such signs shall not encroach into any public right -of -way.
(E) Maximum Height of Freestanding Incidental Signs.
The maximum height of a freestanding incidental monument sign shall not
exceed four (4) feet in height above grade.
(12) Suspended Signs.
Suspended signs shall be permitted on any building containing two or more individual,
non - related and separately operated uses subject to the following regulations:
(A) There shall be no more than one (1) suspended sign per front facade of the
structure or tenant space of each grade -level tenant.
The maximum sign surface area of a suspended sign shall not exceed fifteen (15) square feet.
(C) All portions of the suspended sign or sign structure shall be not less than
eight foot — six inches (8'— 6 ") above finished grade if made of rigid
construction, or seven foot — six inches (7'— 6 ") above grade is made of a
flexible cloth, canvas or similar material.
Section 21 -08.02
Special Regulations for Controlled Uses
Section 21 -08.02 Special Regulations for Controlled Uses.
Controlled uses are hereby recognized as having objectionable secondary impacts. A
concentration of controlled uses in a particular area can increase the impact of those
objectionable secondary impacts to the point where a deleterious impact is created on area
properties. In order to prevent the concentration of controlled uses and to prevent such
deleterious impacts from leading to the development of blighted areas, any controlled use, in
addition to the permitted use and development standard regulations specified in any applicable
Commercial / Mixed Use District or Industrial District, shall also be subject to the following
additional regulations:
(a) Where Permitted:
Controlled uses shall be allowed as primary uses or special exception uses in
Commercial / Mixed Use Districts, Industrial Districts or PUD Districts as specified in
the following Table:
District
Controlled Use
OB
MU
O
LB
CB
CBD
GB
LI
GI
PUD
Adult Business
-
-
-
-
-
-
-
SE
P
Amusement Arcade
-
SE
-
SE
P
P
P
-
-
Bar / Tavern
-
SE
-
P
P
P
P
SE
P
Nightclub
-
SE
-
P
P
P
P
SE
P
Cabaret — 21 and Over
-
SE
-
P
P
P
P
-
-
Cabaret — Adult
-
-
-
-
-
I -
-
J SE
P
Gun Shops and
-
-
-
-
SE
-
SE
-
-
Gunsmith Shops
Pawnshop
-
-
-
P
P
P
P
-
-
Billiard Hall
-
SE
-
SE
P
P
P
-
-
Public Dance Hall
-
-
-
SE
P
P
P
-
-
Off-Track Pari- mutuel
-
_
_
-
SE
SE
SE
SE
SE
wagering facility
Casinos, Approved
Hotels and other areas
-
_
_
-
SE
SE
SE
SE
SE
where gambling games
are conducted
Tattoo, Body Piercing,
Scaring and Branding
-
-
-
SE
SE
SE
SE
P
P
Establishments
P — Permitted as a Primary Use
SE — Permitted only as a Special Exception Use
* — Permitted only if specified in the PUD District Ordinance
- — Not Permitted
Section 21 -08.02
Special Regulations for Controlled Uses
(b) Additional Development Standards for Controlled Uses:
Controlled uses, where permitted, shall be subject to the following additional
development standards:
(1) Spacing Regulations:
(A) Controlled Uses, as defined and regulated, shall consider the location of
any business establishment with four (4) or more amusement devices, to
determine and meet the spacing regulations of such adult businesses.
(Ord. 9760 -07)
(B) Adult Businesses — For the reasons outlined in Ordinance No. 9132 -00, of
the City of South Bend, Indiana, the Statement of Purpose and Intent of
which is hereby incorporated herein by this reference, no adult business
shall be located within five - hundred (500) feet of any:
i. district within the City of South Bend, St. Joseph County or the
City of Mishawaka which allows any residential use as a primary
use;
ii. lot being legally established for a dwelling use, religious use,
school use or park use or,
iii. any of the following districts:
a. In the City of South Bend:
Section 21 -08.02
Special Regulations for Controlled Uses
1. SF1 — Single Family and Two Family District
2. SF2 — Single Family and Two Family District
3. MF1 — Urban Corridor Multifamily District
4. MF2 — High Density Multifamily District
5. OB — Office / Buffer District
6. MU — Mixed Use District
7. O — Office District
8. LB — Local Business District
9. CB — Community Business District
10. CBD — Central Business District
11. PUD — Planned Unit Development District (that
does not specifically include adult businesses as
permitted uses)
12. U — University District
b. In St. Joseph County:
1.
C -2
— Planned Shopping Center District
2.
R —
Single Family Residence
3.
R -1
— Mobile Home Park
4.
R -2
— Multifamily
5.
A —
Agriculture District
6.
O —
Office District
7.
O/B
— Office / Buffer District
8.
B —
Business District
C. In the City of Mishawaka:
1.
R -1 —
Single Family
2.
R -2 —
Single and Multifamily
3.
R -3 —
Preference for Multifamily
4.
R -4 —
Mobile Home
5.
C -2 —
Shopping Center
6.
PUD
— Planned Unit Development
(C) Tattoo, Body Piercing, Scarifying and Branding Establishments — No
tattoo, body piercing, scarifying and branding establishment shall be
located within five- hundred (500) feet of: (i) any religious use; or,
(ii) any public or parochial school for children in any grades from
K through 12.
(D) Gun Sales or Gunsmith Shops — No firearms or ammunition shall be sold
in any gun sales or gunsmith shops within two - hundred (200) feet of any:
3
Section 21 -08.02
Special Regulations for Controlled Uses
(i) any public or parochial school for children in any grades from
K through 12; (ii) child care center; or, (iii) child care ministry.
(E) Exemption: In order to promote the use of the downtown and East Bank
area as a regional retail business and convention center, any Class A
cabaret or restaurant which sells beer or intoxicating liquor for
consumption on the premises, any pool hall or billiard hall, and any
wagering, off -track pari- mutual wagering facility is exempt, for the
purpose of this chapter, from the locational restrictions in section 21-
08.02(b)(1)(A) herein, in the area bounded by a line drawn as follows:
Beginning at a point formed by the intersection of the north right -of -way
line of Madison Avenue and the west right -of -way line of William Street;
thence south along the west right -of -way line of William Street to the first
alley south of Western Avenue; thence west along said alley to the west
right -of -way line of Taylor Street; thence south along said right -of -way to
the north right -of -way line of South Street; thence east along said right -of-
way to the west right -of -way line of William Street; thence south along
said right -of -way, extended to the south right -of -way of the Conrail
property; thence southeasterly along said right -of -way to the west right -of-
way of Lafayette Boulevard; thence north along said right -of -way to the
south right -of -way line of Monroe Street; thence east along said right -of-
way to the southwest right -of -way line of Lincolnway East; thence
southeasterly along said right -of -way to the southeast right -of -way line of
the portion of Monroe Street between Lincolnway East and the St. Joseph
River; thence northeasterly along said right -of -way to its intersection with
the centerline of the St. Joseph River; thence northwesterly along said
centerline to the north right -of -way line of Jefferson Boulevard; thence
east along said right -of -way to the first alley east of Niles Avenue; thence
north along said alley, extended, to the north right -of -way line, extended,
of Sorin Street; thence west along said right -of -way to the east right -of-
way line of Niles Avenue; thence north along said right -of -way to the
second alley north of Sorin Street; thence west along said alley, extended,
to the centerline of the St. Joseph River; thence southwesterly along said
centerline to the north right -of -way line, extended, of Madison Avenue;
thence west along said right -of -way to the west right -of -way line of
William Street, which is the point of beginning, all in the City of South
Bend, St. Joseph County, State of Indiana. (Ord. No. 9513 -04)
4
Section 21 -08.02
Special Regulations for Controlled Uses
(2) Measurement of distance for controlled uses shall be as follows:
(A) Single Use Sites — All measurements shall be from the lot lines of the lot
or out lot occupied by the controlled use.
(B) Integrated Centers — All measurements shall be from the perimeter walls
of the tenant space occupied by the controlled use.
(C) Straight Line — All distance measurements shall be measured in a straight
line, without regard to intervening buildings, structures or objects.
(3) Exterior Display for Adult Businesses.
Notwithstanding any other provisions of this Ordinance to the contrary, all
exterior displays for an adult business shall comply with the following
regulations.
(A) No adult business shall be conducted in any manner that permits the
observation of any material depicting, describing or relating to specified
sexual activities or specified anatomical areas by display, decorations,
sign, show window or other opening from any public right -of -way.
(B) Number of Signs. Not more than one (1) business wall sign shall be
permitted for an adult business and said business wall sign shall be
permitted only on the front facade of the building. In addition to the one
(1) permitted business wall sign, an adult business may be permitted not
more than one (1) freestanding sign structure (i.e., a pole sign, a pylon
sign or a ground sign) if permitted by Section 21 -07.03 — Sign Regulations
of this Ordinance, and any amendments thereto, and if such freestanding
sign meets all of the requirements of the district in which it is located. All
other sign structures shall be prohibited.
(C) Sign Surface Area. The sign surface area of a business wall sign for an
adult business shall not exceed sixteen (16) square feet. The maximum
sign surface area of a freestanding sign structure (i.e., a pole sign, a pylon
sign or a ground sign), where permitted, shall not forty -eight (48) square
feet.
(D) Lighting. Signs and sign structures may be illuminated, provided,
however, such illumination shall not be by way of exposed neon, exterior
lighting (e.g., spot or flood lights) or any flashing or animated lights
(either interior to the sign, on the exterior of the sign, or as a border to the
sign).
Section 21 -08.02
Special Regulations for Controlled Uses
(4) Continuation of Nonconforming Use.
This Section 21.08.02 is subject to the provisions of Section 21-01.03=
Nonconforming Lots, Uses, Buildings, Structures or Signs.
(c) Definitions for Adult Businesses.
The following terms related to adult businesses shall be defined as set forth below. All
other terms shall have the meaning set forth in Section 21 -11 — Definitions of this
Ordinance.
(1) Adult Bookstore: An establishment having as a preponderance of its stock in
trade or its dollar volume in trade, books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures, video cassettes, slides, tapes,
records or other forms of visual or audio representations which are distinguished
or characterized by their emphasis on matter depicting, describing or relating to
specified sexual activities or specified anatomical areas.
(2) Adult Cabaret (a.k.a. Class B Cabaret): Any cabaret, nightclub, bar, tavern,
restaurant or similar establishment, not including a 21 & over cabaret, a family
cabaret, family restaurant, or family restaurant with lounge, which features:
a. Persons who appear in a state of semi- nudity;
b. Live performances by topless or bottomless dancers, go -go dancers, exotic
dancers, strippers, or similar entertainers where such performances are
distinguished or characterized by the exposure of specified anatomical
areas or by emphasis on specified sexual activities;
C. Films, motion pictures, video cassettes, slides, or other photographic
reproductions which are characterized by the depiction or description of
specified sexual activities or specified anatomical areas for observation by
patrons; or,
d. Persons who engage in lewd, lascivious or erotic dancing or performances
that are intended for the sexual interests or titillation of an audience or
customers.
(3) Adult Drive -In Theater: An open lot or part thereof, with appurtenant facilities,
devoted primarily to the presentation of motion pictures, films, theatrical
productions and other forms of visual productions, for any form of consideration,
to persons in motor vehicles or on outdoor seats in which a preponderance of the
total presentation time is devoted to the showing of materials distinguished or
characterized by an emphasis on matter depicting, describing or relating to
Section 21 -08.02
Special Regulations for Controlled Uses
specified sexual activities or specified anatomical areas for observation by
patrons.
(4) Adult Business: An Adult Bookstore, Adult Motion Picture Theater, Adult Mini
Motion Picture Theater, Adult Motion Picture Arcade, Adult Cabaret (a.k.a. Class
B Cabaret), Adult Drive -in Theater, Adult Live Entertainment Arcade, Adult
Motel or Adult Service Establishment.
(5) Adult Live Entertainment Arcade: Any building or structure which contains or is
used for commercial entertainment where the patron directly or indirectly is
charged a fee to view from an enclosed or screened area or booth a series of live
dance routines, strip performances or other gyrational choreography which
performances are distinguished or characterized by an emphasis on specified
sexual activities or by exposure of specified anatomical areas.
(6) Adult Mini Motion Picture Theater: An enclosed building with a capacity of
more than five (5) but less than fifty (50) persons, used for presenting films,
motion pictures, video cassettes, slides or similar photographic reproductions in
which a preponderance of the total presentation time is devoted to the showing of
materials which are distinguished or characterized by an, emphasis on matter
depicting, describing, or relating to specified sexual activities or specified
anatomical areas for observation by patrons therein.
(7) Adult Motel: A hotel, motel or similar establishment offering public
accommodations for any form of consideration which provides patrons, upon
request, with closed - circuit television transmissions, films, motion pictures, video
cassettes, slides or other photographic reproductions which are distinguished or
characterized by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas.
(8) Adult Motion Picture Arcade: Any place to which the public is permitted or
invited wherein coin or slug- operated or electronically, electrically or
mechanically controlled still or motion picture machines, projectors or other
image- reducing devices are maintained to show images to five (5) or fewer
persons per machine at one time, and where the images so displayed are
distinguished or characterized by an emphasis on depicting or describing specified
sexual activities or specified anatomical areas.
Section 21 -08.02
Special Regulations for Controlled Uses
(9) Adult Motion Picture Theater: An enclosed building with a capacity of fifty (50)
or more persons used for presenting films, motion pictures, video cassettes, slide
or similar photographic reproductions in which a preponderance of the total
presentation time is devoted to showing of materials which are distinguished or
characterized by an emphasis on matter depicting, describing or relating to
specified sexual activities or specified anatomical areas for observation by
patrons therein.
(10) Adult Service Establishment: Any building, structure, premises or other facility,
or any part thereof, under common ownership or control which provides a
preponderance of services involving specified sexual activities or display of
specified anatomical areas.
(11) Enlargement Of An Adult Business: An increase in the size of the building,
structure or premises in which the adult business is conducted by either
construction or use of: (1) an adjacent building; (2) an additional building; or,
(3) the construction or use of any portion of an adjacent building or additional
building, whether located on the same or an adjacent lot or parcel of land.
(12) Establishing An Adult Business: Any of the following:
(A) The opening or commencement of an adult business as a new business;
(B) The conversion of an existing business, whether or not an adult business,
to any of the adult businesses defined herein;
(C) The addition of any of the features of one or more of the adult businesses
defined herein to an existing business;
(D) The addition of any of the adult businesses defined herein to any other
existing adult business; or
(E) The relocation of any adult business.
(13) Nonconforming Adult Use: Any building, structure or land legally established as
an adult business prior to the effective date of this Ordinance, but which would be
prohibited, regulated or restricted under the provisions of this Ordinance.
(14) Reconstruction Of An Adult Business: The rebuilding or restoration of any
nonconforming adult business use which was damaged or partially destroyed by
an exercise of the power of eminent domain, or by fire, flood, wind, explosion or
other calamity or act of God if the damage or destruction exceeds fifty (50)
percent of the fair market value of the building, structure or the facilities affected.
Section 21 -08.02
Special Regulations for Controlled Uses
(15) Resumption: The reuse or reoccupation of a nonconforming adult business use
which has been discontinued for a period of six (6) or more consecutive months.
(16) Services Involving Specified Sexual Activities Or Display Of Specified
Anatomical Areas (as used to define an Adult Service Establishment): Any
combination of two (2) or more of the following activities:
(A) The sale or display of books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures, video cassettes, slides,
tapes, records or other forms of visual or audio representations which are
characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas•,
(B) The presentation of films, motion pictures, video cassettes, slides, or
similar photographic reproductions which are distinguished or
characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas for observation by
patrons;
(C) The operation of coin or slug operated or electronically, electrically or
mechanically controlled still or motion picture machines, projectors or
other image producing devices to show images to five (5) or fewer persons
per machine at any one time and where the images so displayed are
distinguished or characterized by an emphasis on depicting or describing
specified sexual activities or specified anatomical areas; or
(D) Live performances by topless or bottomless dances, go -go dancers, exotic
dancers, strippers, or similar entertainers, where such performances are
distinguished or characterized by an emphasis on specified sexual
activities or specified anatomical areas.
(17) Specified Anatomical Areas: Any of the following:
(A) Less than completely and opaquely covered human genitals, pubic region,
buttocks, anus or female breasts below a point immediately above the top
of the areolae; or,
(B) Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
Section 21 -08.02
Special Regulations for Controlled Uses
(18) Specified Sexual Activities: Any of the following:
(A) Human genitals in a state of sexual stimulation or arousal;
(B) Acts of human masturbation, sexual intercourse or sodomy;
(C) Fondling or other erotic touching of human genitals, pubic regions,
buttocks or female breasts;
(D) Flagellation or torture in the context of a sexual relationship;
(E) Masochism, erotic or sexually oriented torture, beating or the infliction of
pain;
(F) Erotic touching, fondling or other such contact with an animal by a human
being; or,
(G) Human excretion, urination, menstruation, vaginal or anal irrigation as
part of or in connection with any of the activities set forth in (A) through
(F) above.
(19) Structural Alteration Of An Adult Business: Any change which would prolong
the life of the supporting members of a building or structure such as bearing
walls, columns, beams or girders, except such changes as are ordered made
pursuant to the provisions of the Unsafe Building Law, IC 36- 7 -9 -1, and any
amendments thereto.
Section 21 -07.01
Landscape Regulations
ARTICLE 7 GENERAL REGULATIONS
SECTION 21 -07 GENERAL REGULATIONS
Section 21 -07.01 Landscape Regulations.
Intent - Landscaping is an essential element of the site design process and is an important
feature in promoting the public health, safety, comfort, convenience and general welfare of the
City of South Bend. Landscaping is intended to: mitigate incompatibilities between adjacent
land uses; reduce the negative impacts of higher intensity land uses on less intense adjacent land
uses; provide a critical visual and noise buffering effect between higher intensity districts and
less intense districts; lessen the impact of development on the environment by reducing glare
and heat buildup; and, break up large expanses of pavement so as to reduce impervious surface
area, storm water run -off and the level of pollutants from non -point sources.
(a) General Landscaping Provisions.
(1) Applicability — Within the City of South Bend, all new developments and all
additions to existing development (i.e., building additions, parking area
expansions, etc.) shall provide landscaping as required by this Section for such
new development or addition.
(2) Location of Landscaping — Required landscaping areas shall consist of four (4)
locations on a site: (i) landscaping of required perimeter yards or residential
bufferyards; (ii) foundation landscaping; (iii) interior parking area landscaping;
and, (iv) parking area screening.
(3) Types of Landscape Screening — Three (3) types of landscape screening are
provided for in this Section: (i) Type A: Open; (ii) Type B: Partial Screening;
and, (iii) Type C: Full Screening. These three (3) types of landscape screening
are intended to provide a progression of screening options suitable to a variety of
landscaping and buffering needs between land uses and districts.
(A) Type A: Open — The Type A: Open landscaping creates a pleasant visual
experience but provides a minimal visual or sound barrier. Therefore,
Type A: Open landscaping is intended for use on lots where the district of
the abutting lots includes permitted uses with similar intensities, lights,
sounds and regular operations and would have minimal, if any, negative
impact on adjacent properties. Type A: Open landscaping requires a
majority of the landscape materials to be of a shade tree variety with
flexibility to add color, interest or heavier visual screening, if desired.
Section 21 -07.01
Landscape Regulations
(B) Type B: Partial Screening — The Type B: Partial Screeninj landscaping
creates a partial visual and sound barrier and is intended for use on lots
where the district of the abutting lots includes permitted uses that may be
similar in land use intensity, but may still contain lights, sounds and
regular operations which may adversely impact adjacent properties. Type
B: Partial Screening landscaping requires the use of evergreen trees to
provide year -round buffering while allowing flexibility to add color and
interest with deciduous trees or shrubs/hedge plants.
(C) Type C: Full Screening — The Type C: Full Screening landscaping shall
be designed to create a substantial visual barrier from grade to at least six
(6) feet above grade at time of planting. Type C: Full Screening
landscaping should also provide a sound barrier effect. Type C: Full
Screening landscaping is intended to be placed on lots in higher intensity
districts which abut lots located in lesser intense districts that may be
adversely impacted by the lights, sounds and regular operations of the
higher intensity district. Type C: Full Screening landscaping requires
significant use of evergreen trees to provide year -round buffering while
allowing flexibility to add color and interest with deciduous trees or
shrubs/hedge plants. Any evergreen species that drops its lower branches
(e.g., white pines, etc.) shall not be permitted as a "evergreen" tree in a
Type C: Full Screening landscape area.
Example of Type A — Open Landscaping
Example of Type C: Full Screening
Landscaping
(4) Live Vegetation - All trees and shrubs required by this Section shall be living
vegetation.
Section 21 -07.01
Landscape Regulations
(5) Ground Cover - Ground cover within landscape areas may consist of: grasses;
preserved existing natural vegetation (i.e., thickets); or, mulch, chipped bark or
other natural forms of ground cover. Loose stone, rock or gravel may be used as a
landscaping accent, but shall not exceed twenty (20) percent of the area of the
required landscape area in which it is used.
(b) Landscaping of Required Perimeter Yards and Residential Bufferyards.
(1) Yards in All Commercial / Mixed Use Districts, Industrial Districts, Residential
Districts for Multifamily Dwelling and Such Yards Along a Limited Access
Highway.
The following landscaping requirements apply to any portion of a front yard, side
yard or rear yard, including yards along a limited access highway, which are
located in any Commercial / Mixed Use District, Industrial District, or
Residential Districts for multifamily dwellings and which yard is not occupied by
improvements permitted in the sub - Section "Use of Minimum Yards and
Residential Bufferyards" in the applicable district:
(A) Deciduous Shade Trees:
A minimum of one (1) shade tree planted for every forty (40) feet of the
applicable lot line. Such trees may be evenly spaced at forty (40) feet on
center or grouped together, provided however, in no case shall spacing
between trees exceed eighty (80) feet; or,
(B) Deciduous Ornamental Trees:
A minimum of one (1) ornamental tree planted for every twenty -five (25)
feet of the applicable lot line. Such trees may be evenly spaced at twenty -
five (25) feet on center or grouped together, provided however, in no case
shall spacing between trees exceed fifty (50) feet.
(2) Landscaping of Required Residential Bufferyards in All Commercial / Mixed Use
Districts, Industrial Districts and Residential Districts for Special Exception Uses.
Landscaping required in any portion of a front residential bufferyard, side
residential bufferyard or rear residential bufferyard located in a: (i) Commercial
/ Mixed Use District; (ii) Industrial District; or, (iii) Residential District
occupied by a special exception use, and which is not occupied by improvements
permitted in the sub - Section "Use of Minimum Yards and Residential
Bufferyards" in the applicable district, shall consist of either Type A: Open,
Type B: Partial Screening or Type C: Full Screening as specified below and in
Table 21 -07.01 — A: Residential Bufferyard Landscaping.
Section 21 -07.01
Landscape Regulations
TABLE 21- 07.01— A: RESIDENTIAL BUFFERYARD LANDSCAPING
Zoning of
Zoning of Subject Property
Adjacent
Property
SE / UM
OB
MU
O
LB
CB
CBD
GB
LI
GI
PUD
SH (4)
B
B
B
B
B
B
B
C
C
C
(2)
SF2 (4)
B
B
B
B
B
B
B
C
C
C
(2)
MR (4)
A
B
B
B
B
B
B
C
C
C
(2)
MF2 (4)
A
B
B
B
B
B
B
C
C
C
(2)
PUD (3)
B
B
B
B
B
B
B
C
C
C
(2)
Special Exception Use located in a Residential District; or, U — University District or other Special Use
Districts.
(2) — Landscaping may be Tyne A: Open, Type 13: Partial Screening or Type C: Full Screening and shall be
determined as part of the review and determination of the Planned Unit Development.
(3) — Residential portion of a PUD.
(4) — When a street separates a residential zoning district from a non - residential zoning district, Type A: Open may be
substituted in the front yard. (Ord. No. 10269 -13, 11- 11 -13)
A — Type A: Open landscaping. See Section 21 -07.01 (b) (1), above,
B — Type B: Partial Screening landscaping shall contain a minimum of two (2) evergreen trees
for every twenty -five (25) feet of the length of a lot line which abuts a residential district or
a residential portion of a PUD district. Such trees shall be evenly spaced.
C — Type C: Full Screening landscaping shall contain a minimum of four (4) evergreen trees for
every thirty (30) feet of the length of a lot line which abuts a residential district or a
residential portion of a PUD district. Such trees shall be evenly spaced in a staggered
double row where the rows are not more that twelve and one -half (12.5) feet apart.
Utility Easement Landscaping — In those instances where overhead utilities are located within
required yards or required residential bufferyards, plant material selections shall be limited
to small growing trees which typically do not exceed twenty -five (25) fee in height at
maturity. Appropriate utility easement plant materials include: ornamental trees, such as
the redbud, dogwood and crabapple; or, evergreen trees (narrow spread), such as the
emerald green arborvitae. See Section 21 -07.01 (i) - Alternate Landscape Plan Approval for
additional limitations.
Note: See Section 21 -07.01 (i) - Alternate Landscape Plan Approval for alternate landscape
materials or landscape design options.
Section 21 -07.01
Landscape Regulations
(3) Landscaping of Required Residential Bufferyards for permitted non - residential
uses in the SF1 Single and Two Family Residential Districts, SF2 Single and
Two Family Residential District, MF1 Urban Corridor Multifamily District and
MF2 High Density Multifamily District.
Landscaping required in any portion of a front residential bufferyard, side
residential bufferyard or rear residential bufferyard which is not occupied by
improvements permitted in sub - Section "Use of Minimum Yards and
Residential Bufferyards" in the applicable district, shall consist of Type A:
Open. (Ord. No. 9653 -06)
(c) Foundation Landscaping.
Foundation landscaping is excepted, similar to buildings in the CBD — Central
Business District.
(d) Interior Off - Street Parking Area Landscaping.
(1) Each required interior landscape island shall measure a minimum of eight feet by
eighteen feet (8'X 18').
(2) Each required interior landscape island shall contain a minimum of one (1)
deciduous shade tree, one (1) deciduous ornamental tree or one (1) evergreen tree.
(3) Interior landscape islands shall be located at the end of parking bays so as to
define vehicular and pedestrian traffic patterns.
(4) All trees shall comply with the size at time of planting as indicated in Table 21-
07.01 — B: Minimum Size at Time of Planting.
Section 21 -07.01
Landscape Regulations
(5) Area devoted to interior landscape islands shall be in addition to any required
perimeter yard landscaping, foundation landscaping or parking area screening
required by this Section 21- 07.01.
Example of Interior Off -Street Parking Area Landscaping
(6) Off - street parking areas shall include areas used for the parking or display or
automobiles, boats, truck or farm equipment associated with a dealership or
leasing business.
(7) Off - street parking areas shall not include areas used for semi -truck loading areas,
semi -truck maneuvering areas and semi -truck parking areas.
(e) Off - Street Parking Area Screening.
The regulations of this sub - Section shall apply to all new surface, off - street parking areas
and expanded surface off - street parking areas for any use except a single family dwelling
or two family dwelling.
In addition to perimeter yard
landscaping, foundation
landscaping and interior parking
area landscaping, if an off - street
parking area is located: between
a front building line and a front
lot line; between a side building
line and any required side
residential bufferyard; or,
between a rear building line and
any required rear residential
bufferyard, the edge of the
parking area facing such front lot
line, side residential bufferyard
or rear residential bufferyard
shall be screened by a compact
Example of Off - Street Parking Area Screening
row of shrubs/hedge plants planted three feet on- center (Y o.c.) across the front of the
Section 21 -07.01
Landscape Regulations
parking area located between such front lot line, side residential bufferyard or rear
residential bufferyard and the edge of the parking area. Minimum planting size shall
meet the requirements of Table 21- 07.01 -B for Hedge Plants / Shrubs, and be maintained
at a maximum allowable growth height of thirty -six inches (36 "). (Ord. No. 9783 -07)
(f) Minimum Plant Material Sizes at Time of Planting.
All plant materials specified by this Section 21- 07.01— Landscape Regulations shall
comply with the minimum sizes at time of planting as specified in Table 21 -07.01 — B:
Minimum Size at Time of Planting.
Section 21 -07.01
Landscape Regulations
TABLE 21- 07.01- B: MINIMUM SIZE AT TIME OF PLANTING
Plant Category
Minimum Size
Deciduous Shade Tree (a.k.a. Overstory Tree)
21/2 inch caliper at 6" above the ground
Deciduous Ornamental Tree (a.k.a. Understory Tree)
1 1/2 inch caliper at 6" above the ground
Evergreen Tree
6' high
Evergreen Tree (Narrow Spread)*
4' high
Hedge Plants / Shrubs
24" high
* — Evergreen Tree (Narrow Spread), such as arborvitae, may only be used as an alternate plant
material subject to the provisions of Section 21 -07.01 (i) — Alternate Landscape Plan Approval.
(g) Installation of Landscaping.
All landscaping required by this Section shall be installed prior to the issuance of a final
certificate of occupancy for the use on the real estate. If seasons, weather conditions or
other conditions beyond the applicants' control create a situation which is not appropriate
for the installation of landscaping immediately prior to the issuance of a final certificate
of occupancy, the Zoning Administrator may issue a temporary certificate of occupancy
pending the installation of landscaping required by this Section not later than three (3)
months after the start of the next planting season after the use of the real estate is
commenced. The start of planting seasons shall be March 15 and August 15 of each year.
(h) Maintenance of Landscaping.
The owner shall be responsible for the replacement of any required planting, which is
removed or dies after the date of planting. Such replacement shall occur within three (3)
months after the start of the next planting season.
Failure to maintain required landscape areas shall constitute a violation of this Ordinance
enforceable under the provisions of Section 21 -10 — Enforcement.
Section 21 -07.01
Landscape Regulations
(i) Alternate Landscape Plan Approval.
The Zoning Administrator, upon request by an applicant, shall have the authority to
approve an alternate landscape plan prepared in accordance with the following
requirements:
(1) Redistribution of Plant Materials — The Zoning Administrator may approve a
redistribution of plant materials required for perimeter yard landscaping to other
locations on the lot, or, a redistribution of plant materials required for a
foundation landscaping area to other locations on the lot. The Zoning
Administrator shall not have the authority to modify the landscape requirements
of this Section 21 -07.01 pertaining to required residential bufferyards.
(2) Credit for Preservation of Existing Trees and Vegetation — In order to encourage
the preservation of existing trees and vegetation, the Zoning Administrator may
approve a Preservation Landscape Plan which utilizes the designation of one or
more Tree Save Areas in lieu of new plantings within a required yard, a required
residential bufferyard, a required foundation landscaping area or an interior
parking area island. Such Preservation Landscape Plan shall:
(A) demonstrate that sufficient trees or vegetation shall be preserved to equal
or exceed the level of screening required by the basic provisions of this
Section 21 -07.01 — Landscape Regulations; and,
(B) provide that, in the event trees designated for saving in the Tree Save Area
are damaged or die within three (3) years of completion of construction on
the site, replacement trees shall be planted in the designated Tree Save
Area sufficient to provide landscaping which is, at a minimum, equivalent
to the minimum requirements of this Section 21 -07.01 — Landscape
Regulations for new plantings.
(3) Alternatives for Front Yard, Side Yard and Rear Yards in All Commercial /
Mixed Use Districts, Industrial Districts, Residential Districts for Multifamily
Dwellings and Along A Limited Access Highway — In order to provide flexibility
and creativity in landscape designs, the Zoning Administrator may approve the
following plant substitutions in a required front yard, side yard or rear yard:
(A) Hedge plants or shrubs may be substituted for a maximum of twenty -five
(25) percent of the required number of shade trees (rounded down to the
nearest whole number) at a rate of ten (10) hedge plants or shrubs for each
shade tree so replaced.
Section 21 -07.01
Landscape Regulations
(B) Hedge plants or shrubs may be substituted for a maximum of twenty -five
(25) percent of the required number of ornamental trees (rounded down to
the nearest whole number) at a rate of six (6) hedge plants or shrubs for
each ornamental tree so replaced.
(C) Evergreen trees may be substituted for ornamental trees at a rate of one (1)
evergreen tree for each ornamental tree so replaced.
(D) Evergreen trees may be substituted for shade trees at a rate of three (3)
evergreen trees for every two (2) shade tree so replaced.
(E) Ornamental trees and shade trees may be substituted with each other at a
rate of three (3) ornamental trees for every two (2) shade trees.
(F) Evergreen trees (narrow spread) may be substituted for evergreen trees at
a rate of three (3) evergreen trees (narrow spread) for each evergreen tree.
(4) Residential Bufferyard Landscaping Alternatives — In order to provide flexibility
and creativity in landscape designs, the Zoning Administrator may approve the
following plant substitutions in a residential bufferyard:
(A) Hedge plants or shrubs may be substituted for a maximum of ten (10)
percent of the required number of evergreen trees (rounded down to the
nearest whole number) at a rate of ten (10) hedge plants or shrubs for each
evergreen tree so replaced.
(B) Ornamental trees may be substituted for a maximum of ten (10) percent of
the required number of evergreen trees (rounded down to the nearest
whole number) at a rate of one (1) ornamental tree for each evergreen tree
so replaced.
(C) Shade trees may be substituted for a maximum of ten (10) percent of the
required number of evergreen trees (rounded down to the nearest whole
number) at a rate of one (1) shade tree for each evergreen tree so replaced.
(D) Evergreen trees (narrow spread) may be substituted for a maximum of ten
(10) percent of the required number of evergreen trees (rounded down to
the nearest whole number) at a rate of four (4) evergreen trees (narrow
spread) for each evergreen tree.
(E) In no case shall the total combined percentage of hedge plants or shrubs,
shade trees, ornamental trees, or evergreen trees (narrow spread) which are
substituted for evergreen trees exceed twenty -five (25) percent.
10
Section 21 -07.01
Landscape Regulations
(5) Foundation Landscape Alternatives — In order to provide flexibility and creativity
in landscape designs, the Zoning Administrator may approve a foundation
landscape plan which includes any combination of shade trees, ornamental trees,
evergreen trees, or hedge plants / shrubs, provided that the total amount of plant
materials along the building remains proportional to the base requirements of
Section 21 -07.01 (c) (2), above.
(6) Parking Area Screening Alternatives — In order to provide flexibility and
creativity in landscape designs, the Zoning Administrator may approve a parking
area screening plan which includes hedge plants or shrubs in combination with:
an ornamental or decorative fence; a masonry wall; or, an earthen berm,
provided that:
(A) Between a front building line and a front lot line:
i. the ornamental or decorative fence or masonry wall is not less than
twenty -four inches (24 ") in height nor more than thirty -six inches
(36 ") in height, with an open space percentage equal to or less than
seventy (70) percent; or,
ii. the earthen berm is not less than twenty -four inches (24 ") in height
nor more than thirty -six inches (36 ") in height; or,
(B) Between a side building line and any required side residential bufferyard
or between a rear building line and any required rear residential
bufferyard:
the ornamental or decorative fence or masonry wall is not less than
three (3) feet in height nor more than:
a. six (6) feet in height if the open space of the fence is less
than twenty (20) percent; or,
b. ten (10) feet in if the open space of the fence is twenty (20)
percent or greater; or,
ii. the earthen berm has a minimum height of not less than four (4)
feet and a maximum height not to exceed ten (10) feet; and,
(C) the total number of shrubs/hedge plants shall not be reduced by more than
fifty (50) percent of the number of shrubs/hedge plants required in sub -
Section 21 -07.01 (e) - Off - Street Parking Area Screening, above.
11
Section 21 -07.01
Landscape Regulations
(7) Fence, Wall or Berm Alternatives — In order to provide flexibility and creativity in
landscape designs, the Zoning Administrator may approve a fence, wall or berm
installed in compliance with the following regulations as a substitute for up to
fifty (50) percent of the number of shade trees, ornamental trees or evergreen trees
required to be installed in a perimeter yard or residential bufferyard pursuant to
Section 21 -07.01 (b) — Landscapin of f Required Perimeter Yards and Residential
Buffervaards.
(A) Fence or Wall in a Front Yard or Front Residential Bufferyard.
An ornamental, decorative fence or masonry wall may be used in
conjunction with the landscaping required in a front yard, front residential
bufferyard or in a residential district for a special exception use, provided
such fence or wall used in a front yard shall:
i. maintain a minimum height of three (3) feet with a maximum open
space of twenty (20) percent;
ii. not exceed three (3) feet in height if the open space of the fence is
less than twenty (20) percent; or,
iii. not exceed four (4) feet in height if the open space of the fence is
less than fifty (50) percent but greater than twenty (20) percent.
(B) Fence or Wall in a Side Yard, Rear Yard, Side Residential Bufferyard.
Rear Residential Bufferyard or in Residential Districts for Special
Exception Uses
An ornamental, decorative fence or masonry wall may be used in
conjunction with the landscaping in a required side yard, rear yard, side
residential bufferyard, rear residential bufferyard or in a residential
district for a special exception use, provided such fence or wall shall not
exceed:
maintain a minimum height of six (6) feet with a maximum open
space of twenty (20) percent;
ii. six (6) feet in height if the open space of the fence is less than
twenty (20) percent;
ten (10) feet in height in any Commercial / Mixed Use District or
Industrial District if the open space of the fence is less than fifty
(50) percent but greater than twenty (20) percent or greater.
12
Section 21 -07.01
Landscape Regulations
(C) Berm Regulations.
i. Berm in a Front Yard or Front Residential Bufferyard.
An undulating earthen berm, may be used in conjunction with the
landscaping required in a front yard, front residential bufferyard or
in a residential district for a special exception use, provided such
berm shall have a maximum height not to exceed:
a. Residential District or Commercial/Mixed Use District -
three (3) feet; or,
b. Industrial District - six (6) feet.
Example of 6' Berm with Mature Landscaping
ii. Berm in a Side Yard, Rear Yard, Side Residential Bufferyard or
Rear Residential Bufferyard.
An undulating earthen berm, may be used in conjunction with the
landscaping in a required side yard, rear yard, side residential
bufferyard, rear residential bufferyard or in a residential district
for a special exception use, provided such berm shall have a
minimum height of not less than four (4) feet and a maximum
height not to exceed ten (10) feet.
13
Section 21 -07.01
Landscape Regulations
iii. Construction of Berm.
A berm utilized as a landscaping element shall be constructed in
accordance with the following regulations:
a. Each berm shall have a minimum crown width of two (2)
feet;
b. Each berm shall have a side slope of not greater than three
feet horizontal to one foot vertical (3:1);
Each berm shall be planted and covered with live
vegetation; and,
d. A retaining wall may be used on the side of the berm facing
away from the public right -of -way or away from the side
lot line or rear lot line.
iv. General Regulations for a Fence, Wall or Berm.
A fence, wall or berm may be used as an element of a landscape
plan subject to the following regulations.
a. Location of Fence, Wall or Berm.
A fence, wall or berm shall be located in such a manner as
to not interfere with any regulations of Section 21 -01.01 (t)
— Clear Sight Area Requirements of this Ordinance.
b. Design of Fence, Wall or Berm.
A fence, wall or berm shall be designed to not interfere
with any walkway or pedestrian/bikeway system serving
the site.
(8) Interior Landscape Island Design Alternatives — The Zoning Administrator may
approve a design in which the area devoted to individual interior landscape
islands may be aggregated into one or more larger landscape islands. When
aggregated into one or more larger landscape islands, such larger landscape
islands shall, at a minimum, include the number of trees and area of landscaping
as required for individual interior landscape islands, and shall function to:
preserve existing trees; create boulevard treatments; create landscape features;
create common open space areas for passive recreational activities; or, define
vehicular and pedestrian traffic patterns.
14
Section 21 -07.01
Landscape Regulations
1--ample ui tiggreganng interior Utt- Street Parking Area Landscaping
(9) Appeals — If the Zoning Administrator disapproves of a proposed alternative
landscape plan, the applicant may, within five (5) business days, appeal the
Zoning Administrator's decision by filing an Administrative Appeal with the
Board of Zoning Appeals or the City Council, stating the reasons and
justification for the appeal. Such petition shall be filed consistent with the
provisions of Section 21 -09.03 of this Ordinance and any applicable Rules of
Procedure.
15
Section 21 -11 Definitions
ARTICLE 11 DEFINITIONS
Section 21 -11 DEFINITIONS.
Section 21 -11.02 Definitions
The following terms or words used in the text of this Ordinance shall have the following
meanings, unless a contrary meaning is: (i) required by the context of a particular sentence or
phrase; or, (ii) specifically prescribed in a particular sentence or phrase. If a conflict of
definitions between this document and the city zoning, the definitions in this document will be
used for the purpose of this PUD. If a definition is lacking, the city zoning ordinance, section
21 -11 shall be used.
Dwelling: Any building, or portion of a building, which is designed or used primarily for
residential purposes, including a single family dwelling, two family dwelling and
multifamily dwelling but not including hotels, motels, boarding houses, lodging houses,
and, bed & breakfast.
Dwelling, Accessory: A dwelling unit which is subordinate and incidental to the primary use of
a lot for a single family dwelling.
Dwelling, Modular Home: A dwelling unit which is fabricated in one or more modules at a
location other than the home site by assembly -line type production techniques or by other
construction methods unique to an off -site manufacturing process.
Dwelling, Multifamily: A building consisting of three (3) or more dwelling units, including
condominiums, with varying arrangements of entrances and party walls.
Dwelling Unit: A room or group of rooms designed and equipped exclusively for use as living
quarters, for any number of persons, including 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, exclusive of household servants; or, a
number of persons, but not exceeding two (2) persons 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.