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Home My WebLink About10558-17 Amending Chapter 21 of the South Bend Municipal Code ORDINANCE No . 10558-17 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 4L,O--ZT. City Clerk Approved and signed by me I `104e*6e( ac) 20 `S Mayor ORDINANCE NO. V 05 5 '0 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1 BASIC PROVISIONS TO REVISE CLEAR SIGHT AREA REQUIREMENTS AND PRIVATE STREET WIDTHS, ARTICLE 2 RESIDENTIAL DISTRICTS TO REVISE GRADE LEVEL IMPROVEMENT STANDARDS, AND ARTICLE 3 COMMERCIAL/ MIXED USE DISTRICTS TO REVISE DRIVE-THROUGH FACILITY STANDARDS 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. Experience in using the ordinance has shown that several of its engineering-related standards have led to the overbuilding of paved surfaces, poor urban design outcomes, and frequent variance requests. This ordinance would revise Clear Sight Area Requirements,reduce minimum pavement width requirements for private streets and alleys,permit driveways in a rear yard, and amend drive-through stacking requirements. 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 21-01.01 (t) Clear Sight Area Requirements, is hereby deleted and replaced with a new Section 21-01.01 (t) as follows: (t) Clear Sight Area Requirements (1) Except in the CBD Central Business District,no building,structure or improvement, including landscaping, shall be erected, placed,planted or maintained so as to interfere with a Clear Sight Area located between the heights of three (3) feet and ten (10) feet above the crown of a street, driveway or alley. A Clear Sight Area shall be established for all streets, whether public or private. (2) The Clear Sight Area is the triangular area formed by the street right-of-way line; another street right-of-way line, alley right-of-way line, or driveway surface edge; and a line connecting points ten (10) feet from the intersection of said lines (See Figure 21-01.01 A). In the case of a round or corner-cut right-of-way, the measurement shall be taken from the intersection of the right-of-way lines extended. i O , w CLEAR SIGHT AREA 1 EA P•SIi;H APE,' - w - CURB STREET Figure 21-01.01 A (3) The City Engineer or designee may require a larger Clear Sight Area, as provided by Indiana Department of Transportation Design Manual standards, when necessary to provide for the safe movement of vehicles. SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 1 Basic Provisions, Section 21-01.01 (u) Requirements for All Private Streets and Private Alleys, is hereby.amended as follows: (1) Pavement Width for Private Streets—Minimum pavement width for that portion of a private street available for through traffic (i.e., exclusive of parking spaces): (A) Residential Districts: i. 1 way traffic— 12' ii. 2 way traffic—2-4-120' (B) Commercial/Mixed Use Districts or Industrial Districts: i. 1 way traffic—W 14' ii. 2 way traffic—346128' (2) Pavement Width for Private Alleys—Minimum pavement width for that portion of a private alley available for through traffic (i.e., exclusive of parking spaces): (A) Residential Districts— 12' (B) Commercial/Mixed Use Districts or Industrial Districts—W 12' SECTION III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential Districts, Section 21-02.11 (a) (3)Additional Development Standards for Accessory Uses, Buildings or Structures in any Residential District, is hereby amended as follows: (F) Grade Level Improvements. Grade level improvements which do not include a foundation shall be permitted as follows: i. In a minimum front yard—walkways and driveways. ii. In a minimum side yard or minimum rear yard—walkways, driveways, and interior access drives, pr-a ide , '^^wevef that ,r .f drive ri only by 1eeate.1 in ene minimum s;a aeees-s i rd shall of be lens than eight (8) foot in wi& nor-gr-ea r than sixteen(1 6) feet in ;dt SECTION IV. Chapter 21,Zoning, of the South Bend Municipal Code,Article 3 Commercial /Mixed Use Districts, Section 21-03.11 (a) (3)Additional Development Standards for Accessory Uses, Buildings or Structures in any Commercial/Mixed Use District, is hereby amended as follows: (G) Drive through facilities- shall be so designed that: i. drive through lanes do not cause any interference to a public Light-of-way or conflict with the safe and °ffleient flow e *fa ffie into and out e movement along sidewalks or walkways or to building entrances or exits, required parking spaces or loading spaces; vi. it provides at least five (5) three 3 waiting spaces prior to the first occurrence of any ordering,pick-up or service facility; and SECTION V. 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 NoVftW, 2 00 , at l—o'clock CL . m. ' ty Jerk Approved and signed by me on the day ofNoV 2 D t-7, at o'clock 4. M. S Mayor,Citfot#th Bend, Indiana 1 st READING 167 PUBLIC HEARING J%jt-N I-7 3 rd READING VLI t 3 l l7 NOT APPROVED REFERRED 1' SED LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Uepney OfE 1.1 AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JLFFLKSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9S71 October 3, 2017 ER ]ice South Bend Common Council 4ch Floor, County-City Building South Bend, IN 46601 R ND,IN RE: Text Amendment—Various Engineering Standards APC#2841-17 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 AOV4 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 0 5 E P H C O U N T Y I N O I A N A.C O M/A ft E A P L A N