HomeMy WebLinkAbout74-17 Text Amendments- Pyramiding Uses LAWRENCE P. MAGLIOZZI
C r:XECLITIVE n1RECTOR
Angela M. Smith
Drpvvy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
127 `IV. JEFFERSON BLVD., ROOM 1140 COUNTS-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 215-9571
October 3, 2017 Filed in Clerk's Office
OCT 04 2017
South Bend Common Council
41h Floor, County-City Building KAREEMAH FOWLER
South Bend, IN 46601 CITY CLERK,SOUTH BEND, IN
RE; Text Amendment—Allowing Uses to Pyramid in to a more intense District
APC#2842-17
Dear Council Members:
Enclosed is an Ordinance for the proposed Text Amendment referenced above. Please include the
attached Ordinance on the Council agenda for first reading at your October 9, 2017 Council
meeting, and set it for public hearing at your November 13, 2017. Council meeting. The petition
is tentatively scheduled for public hearing at the October 17,2017 Area Plan Commission meeting.
The recommendation of the Area Plan Commission will be forwarded to your office by noon on
the day following the public hearing.
If you have any questions, please feel free to contact our office.
Sincerely,
e�— WCVW#1
Angela M. Smith
Deputy Director
CC: Bob Palmer
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELANO
W W W.5TI0$CPFICOU N TY IN DIANA.CO M/A R EA PLA N
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE,
ARTICLE 1 BY ALLOWING USES PERMITTED IN A LESS INTENSE DISTRICT
TO BE PERMITTED IN A MORE INTENSE DISTRICT
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, several properties
have had to seek rezoning to a less intense zoning district to permit certain uses, even though
those uses are less intense than and are compatible with the uses found in their existing zoning
district. This ordinance would add a provision to permit non-residential uses allowed in a less
intense zoning district to be permitted in a more intense zoning district under certain
circumstances without having to seek a rezoning.
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 1 Basic
Provisions, Section 21-01.02 Zoning Districts and Zone Maps, is hereby amended as follows:
(c) Use Permitted in More Intense Districts
Other than residential uses, any use permitted as a primary use in a"less intense"
district shall also be interpreted to be a primary use permitted in a"more intense"
district. Any use that is only permitted as a special exception use in any "less intense"
district shall be interpreted to be a special exception use in a"more intense"district
unless it is permitted as a primary use in the"more intense" district. Because of the
unique characteristics of the CBD Central Business District,this provision shall not be
used to p.famid permitted uses into or out of that district.
(e)to (d)
()tom
(e)toM
(4)to(g)
(0 toLhh)
(
to 01
{ tom
SECTION II. This Ordinance shall be in full force and effect from and after its passage by
the Common Council and approval by the Mayor.
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.
City Clerk
Approved and signed by me on the day of , 2 , at
o'clock m.
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
1 st READING OCT 04 2017
PUBLIC HEARING
3 rd READING
NOT APPROVED KAREEMAH FOWLER
REFERRED CITY CLERK,SOUTH BEND,IN
PASSED