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Home My WebLink About10557-17 Amending Chapter 21 of the South Bend Municipal Code ORDINANCE NQ . 10557-17 Passed by the Common Council of the City of South Bend, Indiana November 13, _ 20 17_ Attest: — City Clerk Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana November 14, 20 17 City Clerk Approved and signed by me ►`d i m)yf 20 Mayor LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 %V. JEFFERSON BLVD., ROOST 1140 COUN7"i'-CITY BUILDING, SOUTH BEND, INDIANA +6601 (474) 235-9571 October 3, 2017 Filed in Cie M Duce South Bend Common Council OCT 04 2017 4th Floor, County-City Building South Bend, IN 46601 KAREEFAAH FOWLER C!'N CLERK SOUTH BEND,;N RE: Text Amendment—Common Variance Requests APC#2844-17 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, Angela M. Smith Deputy Director CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND W W W.S T J O S E P H CO V NT YIN DIANA.C O M/AREA PLAN ORDINANCE NO. 06.51 17 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 2 RESIDENTIAL DISTRICTS TO AMEND AVERAGE FRONT SETBACK PROVISIONS; ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS TO REMOVE MAXIMUM AREA REQUIREMENTS FOR OUTDOOR SEATING FOR RESTAURANTS IN THE O OFFICE DISTRICT, LB LOCAL BUSINESS DISTRICT AND CB COMMUNITY BUSINESS DISTRICT, AND ADD PROVISION TO ALLOW OUTDOOR SEATING IN THE GB GENERAL BUSINESS DISTRICT;AND ARTICLE 7 GENERAL REGULATIONS TO ALLOW REQUIRED LANDSCAPING TO BE PLACED WITHIN RIGHT-OF-WAY AND EXEMPT THE MU MIXED USE DISTRICT FROM MINIMUM PARKING REQUIREMENTS. 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 provisions have resulted in numerous requests for variances from the development standards. This ordinance revision addresses items for which variances are frequently granted with little to no concern from staff agencies or the public. 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 2 Residential Districts, Section 21-02.11(f)(2)Additional Front Setback Provisions, subsection (B)ii, is hereby amended as follows: ii. The setback provisions of this Ordinance are subject to the following modification: In any block in any residential district contained in this Ordinance in which an existing front yard setback is established by existing, legally established neneenferming-buildings or structures e than ° *Vy~ nt(6014) „� the tetal number of lots within the same block face fronting on the same public street,the minimum front yard setback for any new building, structure or addition along such block face shall be the average of such established front yards, if such average dimension is less than the minimum front yard setback established by this Ordinance. SECTION II. Chapter 21,Zoning, of the South Bend Municipal Code, Article 3 Commercial/ Mixed Use District, Section 21-03.03 O Office District, subsection (b)(12)(A) Outdoor seating for restaurants is hereby amended as follows: iv. shall be included in the calculation of required foundation landscaping area and any applicable building foundation landscaping area and associated plant unit value shall be extended or relocated around the perimeter of the outdoor seating area; and N1. shall + d 1 no/ of the fl ..F the festa -a .,t. � a apea o ✓ '1� V. SECTION I1I. Chapter 21,Zoning, of the South Bend Municipal Code, Article 3 Commercial /Mixed Use District, Section 21-03.04 LB Local Business District, subsection (b)(12)(A) Outdoor seating for restaurants is hereby amended as follows: iv. shall be included in the calculation of required foundation landscaping area and any applicable building foundation landscaping area and associated plant unit value shall be extended or relocated around the perimeter of the outdoor seating area; and shall * e*eeed 10% f the gressfieer apea of the restaurant; aixc vi-: V. SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial /Mixed Use District, Section 21-03.05 CB Community Business District, subsection (b)(1 1)(A) Outdoor seating for restaurants is hereby amended as follows: shall t e*eeed 10,04 of the gressfleer area E)f tt r-estaur-afit; a vi-. V. V�i: Vi. SECTION V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial /Mixed Use District, Section 21-03.07 GB General Business District, subsection (b)(11) Outdoor Operations is hereby amended as follows: (G) Outdoor seating for restaurants: i. shall not be located between a building line and a residential bu e ard• ii. shall not be located in any required yard or any street right-of- way; iii. shall be located adjacent to the business'tenant bay or storefront; iv. shall be included in the calculation of required foundation landscaping area and any pplicable building foundation landscaping area and associated foundation landscaping shall be extended or relocated around the perimeter of the outdoor seating area; V. shall not block an entrance or exit to or from the business or building; and, vi. shall be located so as to not interfere or conflict with sidewalks, walkways,,pedestrian ways required parking areas required loading areas driveways interior access drives interior access driveways perimeter landscape yards or foundation landscaping. SECTION VI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 General Regulations, Section 21-07.01(a) General Landscaping Provisions, subsection (2) Location of Landscaping is hereby amended as follows: (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. To the fullest extent possible, landscaping shall be placed on the development site. When circumstances dictate that landscaping required by this Section can only be placed in the public right-of way to meet the requirements of this Section, permission must be sought and obtained from the Board of Public Works and City Arborist prior to the placement of the landscaping within the right-of-way. SECTION VII. Chapter 21, Zoning, of the South Bend Municipal Code,Article 7 General Regulations, Section 21-07.04 Off-Street Parking Regulations, subsection (a)Applicability is hereby amended as follows: (1) Parking for Buildings,Structures or Uses. All new development, additions to buildings or structures, or conversions of use for which an improvement location permit is required by this Ordinance in any district except the MU District or CBD District shall provide required off-street parking areas in accordance with the regulations of this Section 21- 07.04. Such off-street parking areas may be provided in either a surface parking area or a parking garage. If off-street parking areas are provided in a parking garage, such parking garage shall be located in compliance with the development standards of the applicable district of this Ordinance regarding: minimum yards and setbacks; landscaping of perimeter yards and residential bufferyards (Section 21-07.01 (b); and, foundation landscaping(Section 21- 07.01 (c)). (2) Exceptions to Off-Street Parking Regulations for any MU District or CBD District. Off-street parking areas shall not be required for any use located in any MU District or CBD District. Any off-street parking areas which are provided, although not required, shall be developed in compliance with the design and construction standards set forth in this Section 21-07.04. i SECTION VIII. 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 Com n Council Attest: , City Cldrk Pre ented by me to the Mayor of the City of South Bend, Indiana on the „I, j day of WOMW , 2P l , at 1—o'clock m. it Clerk Approved and signed by me on the o�v day of kAIn6 , 2 011, at o'clock M. a Mayor, th Bend, Indiana Filed in Clerk's Office 1st READING Io1Rjr7 OCT 04 2011 PUBLIC HEARING 1110711-7 3 rd READING 11113111 KAREEMAH FOWLER NOT APPROVED CITY CLERK,SOUTH SEND,IN REFERRED PASSED APO