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HomeMy WebLinkAboutAmending Ch 21 of the SBMC Article 3 by adding Group Residence to Special Exception uses in CBD; and Section 11 by amending the definitions of dwelling unit, family and group residenceORDINANCE No. 10452-16 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: August 22, 2016- Presented by me to the Mayor of the City of South Bend, Indiana August 23, 20 16 City Clerk •esident of Common Council Approved and signed by me aA 20 LV��;1� i� City Clerk Mayor ORDINANCE NO. 104 5 2 _ � to 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 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 (1) Residential (in CBD Districts located east of the St. Joseph River): Group Residence (4) 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 living quarters for only one (1) family , 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, exel sive of household ser aftts; ; 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, m also p ide some eembination of personal care, social services, counseling services or transportation to residents; or a residential facility orovidiniz common livinE areas such as a kitchen. liviniz room. dinine 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 71 0 1? U LJ Ci r Presented _day of b me to the Mayor 2 y of the City of South Bend, Indiana on the at G OC o'clock < m. Approved and signed by me on the ( day of , 2 01 to , at o'clock m. I st READING rl I I l I I (t PUBLiL HCARcNCI b /22-I 6 Lo 3 rd READfNG �31 I NOT APPROVED n REFERRED g 1 1 1 I I Le N+c /z-A -A PASSED 81221 I tP Mayor, City of Fi;ed in Clerk's Office i na AUG 17 2016 KAREKE rA; t POWLE R CITY CLERK, SOUTH DEED, IN