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HomeMy WebLinkAbout89-17 Amendment to Chapter 21 of the South Bend Municipal Code Filed in Clerk's Office City of South Bend R DEC 0 5 2011 • KAREEMAH FOWLER Common Council CITY CLER SOUTH BEND,IN 441 County-City Building • 227 W.Jefferson Blvd - South Bend,Indiana 46601-1830 Fax (574) 235-9173 TDD: (574)235-5567 Tim Scott http://www.southbendin.gov President Oliver Davis Vice-President November 30, 2017 Gavin Ferlic Chairperson,Committee South Bend Common Council of the Whole 4 Floor, County-City Building South Bend, IN 46601 Tim Scott First District Re: Proposed Mixed Use District Zoning Text Amendments Regina Williams Preston Dear Council Members: Second District I am filing the attached proposed ordinance with the Office of the City Clerk. Randy Kelly The ordinance proposes text amendments to the Zoning Chapter 21 of the South Third District Bend Municipal Code to revise permitted uses and development standards for the MU Mixed Use District. These changes will better support reinvestment in our Jo M. Broden mixed-use neighborhood centers and traditional pedestrian-oriented design. Fourth District These zoning concepts were discussed at the Zoning&Annexation Committee David Varner meetings held on August 28, September 25,November 13, and November 27. Fifth District For procedural purposes, which is required by our Municipal Code and Indiana Code § 36-7-4-607,these proposed zoning text amendments are being initiated Oliver Davis by the Common Council. Sixth District The proposed ordinances would have first reading by the Common Council on Gavin Ferlic December 11. Thank you for your consideration. At Large John Voorde Sincerely, At Large Karen White y At Large o M. Broden John Voorde South Bend Common Council South Bend Common Council Council Member, 4th District Council Member At Large Attachment cc: Larry Magliozzi, Executive Director,Area Plan Commission Angela Smith, Deputy Director, Area Plan Commission Michael Divita, Planner, South Bend Community Investment 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 3 COMMERCIAL/MIXED USE DISTRICTS TO REVISE PERMITTED USES AND DEVELOPMENT 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's provisions for the MU Mixed Use District has shown that development in this district frequently requires the use of variances even to complete projects consistent with the neighborhood context. This ordinance revises uses and development standards to better support the development of mixed-use urban neighborhood centers and traditional pedestrian-oriented design. 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 21-03.02 MU Mixed Use District, is hereby deleted and replaced with a new Section 21-03.02 as follows: Section 21-03.02 MU Mixed Use District. Intent- The MU Mixed Use District is established to promote the development of a dense urban neighborhood center environment. The regulations are intended to encourage all the elements of a traditional neighborhood center, including: storefront retail; professional offices; and dwelling units located either in townhouse developments or in the upper stories or rear of mixed-use buildings. The development standards in this district are designed to: encourage a pedestrian oriented design throughout the district; and,maintain an appropriate pedestrian scale,massing and relationship between buildings and structures within the district. (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; Cabaret—Family; Convenience Store; Dairy Bar—Retail; Delicatessen; Farmers Market; Grocery; Ice Cream Store—Retail; Manufacturing Retailers;Restaurant—Fast Food(without drive-in or drive-through); Restaurant—Family;Restaurant—Family, with Lounge; Yogurt Store—Retail. (D) Governmental Use: Including but not limited to: Governmental Offices; Post Office—without outside parking of delivery vehicles. (E) Miscellaneous: Including but not limited to: Bed&Breakfast; Bus Station; Clinic (medical, dental or optometrists); Cottage Business/ Residential;Electrical/Electronics Repair. (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. (H) Public Facilities: Including but not limited to: Community Center; Funeral Home; Mortuary;Neighborhood Recycling Collection Point; Public or Private Park—Active or Passive; Religious Use. (Ord. No. 9653-06) (1) Recreation: Including but not limited to: Aerobics Studio; Banquet Hall; Dance Studio; Fraternal Organization; Gymnastics Studio; Lodge; Private Club; Social Club; Theater—Indoor. (Ord. No. 9760-07) (J) Residential: Including but not limited to: Dwelling Unit—upper level; Dwelling Unit—first floor with business;Multifamily Dwelling; Two Family Dwelling(see Section 21-03.02 (b) (13)for applicable development standards). (K) 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; Music Store;Newsdealer; Shoe Store; Stationery and Book Store; Video Store. * = Controlled Use. See Section 21-08.02—Special Regulations for Controlled Uses for additional requirements. (2) Special Exception Uses. (A) Food Sales and Service: Including but not limited to: Bar *; Cabaret— 21 and Over *;Nightclub *; Restaurant—Drive 1n; Restaurant—Drive Through; Tavern *. (B) Government Use: Including but not limited to: Fire Station; Municipal / State Road Maintenance Facility; Police Station; Post Office—with outside parking of delivery vehicles. (C) Miscellaneous: Including but not limited to: Artificial Lake; Conference Center; Motel. (D) Public Facilities: Including but not limited to: Cemetery—with or without Crematory, Funeral Home, Mausoleum or Mortuary;Parking Garage; Parking Lot—Commercial. (Ord. No. 9653-06) (E) Recreation: Including but not limited to: Amusement Arcade *; Billiard Hall *; Country Club; Fairgrounds; Golf Course; Golf Driving Range; Swimming Pool -private or public. (Ord. No. 9760-07) (F) Residential: Including but not limited to: Group Residences; One (1) Single Family Dwelling. (Ord. No. 10451-16) (G) Retail: Including but not limited to: Liquor Store; Tobacco Store. (H) Utilities: Including but not limited to: Electricity Relay Station; Public Utility Substation; Pumping Stations; Water Towers. * = 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, Building Structures. (5) Home Occupations—See Section 21-03.11 (c)—Home Occupations. (b) Development Standards. (1) Minimum Lot Width and Frontage - each lot shall have a minimum lot width and frontage on a public street of 25 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: 5' 12' Provided, however, on all streets except limited access highways, building placement shall be in compliance with the following regulations: i. For sites containing one building—in elevation view from the street frontage, at least fifty(50)percent 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(50)percent 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 a line five (5) feet behind the front building line. If the lot does not have a building,parking areas and interior access drives shall have a minimum front setback of twelve (12) feet. If a parking area or interior access drive is located less than seventeen (17) feet from the front lot line, it shall be screened by a compact row of shrubs/hedge plants planted three feet on- center(3' o.c.) immediately behind the front building line. Shrubs shall be at least twenty-four inches (24") at time of planting and shall be maintained at a maximum height of thirty- six inches (36"). (B) Minimum Side Yard and Setback—The minimum side yard and setback shall be as follows: i. Minimum Side Yard—zero (0) feet,provided,however, if a side yard is provided along a side lot line not abutting an alley, such setback shall not be less than five (5) feet. ii. Minimum Side Residential Bufferyard—five (5)feet. (C) Minimum Rear Yard and Setback—The minimum rear yard and setback shall be as follows: i. Minimum Rear Yard—five (5) feet. ii. Minimum Rear Residential Bufferyard—fifteen(15) feet when not separated from a residential use by a public alley. If separated from a residential use by a public alley, no rear residential bufferyard is required,but the minimum rear yard requirement shall apply. (3) Use of Minimum Yards and Residential Bufferyards. All minimum yards and residential bufferyards 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: (A) Minimum Front Yards— i. along limited access highways—may include: parking areas, loading areas, interior access drives, or interior access driveways,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 otherwise be maintained as open space free from buildings or structures. ii. along all other streets—may include: driveways or signs as regulated by Section 21-07.03 —Sign Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures. (B) Minimum Side and Rear Yards—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 open space free from buildings or structures. (C) Minimum Side and Rear Residential Bufferyards—may include driveway connections to adjoining lots, or walkways or other pedestrian way connections to adjoining lots,provided that the remainder of said yards shall otherwise be maintained as open space free from buildings or structures. (4) Building Height. (A) Minimum Front Fagade Height— in the elevation view from the street frontage, eighteen(18) feet. (B) Maximum Building Height—Forty(40) feet; not to exceed three (3) 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 (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 not be located in any street right-of-way except as permitted by the Board of Public Works; and, ii. shall not block an entrance or exit to or from the business or building or conflict with Americans with Disabilities Act standards. (B) Outdoor display or sales of merchandise: i. shall not be located in any street right-of-way except as permitted by the Board of Public Works; ii. shall not block an entrance or exit to or from the business or building or conflict with Americans with Disabilities Act standards; iii. shall not exceed ten percent(10%) of the gross floor area of each non-related and separately operated use; iv. shall be permitted only during the hours of operation of the business and shall be removed at the close of each business day; and, V. shall be merchandise normally found within the on-premise business. (Ord.No. 9653-06) (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 fagade of the building. (D) Vending machines,provided that vending machines: i. shall abut the exterior wall of the building; and, ii. shall not be located in a required yard or required residential bufferyard. (12) Building Design and Orientation. (A) Orientation. i. Primary fagades shall be oriented to the front lot line. When on a corner lot,the primary fagade shall be oriented to the primary street and the design of the primary fagade shall extend a minimum of ten(10) feet along the secondary street. ii. The primary building entrance shall be located on the front fagade. (B) Articulation and Activation. i. Front fagades at least one hundred twenty (120) feet in length should be designed to look like more than one building. For buildings that are one hundred twenty (120) feet or longer, no section of the front fagade longer than sixty (60) feet may look like one building. ii. For commercial and mixed-use buildings,the minimum front fagade surface that shall be glazed (window and door surface area) is as follows: a. Ground floor front fagade surface along a primary street —seventy(70)percent; b. Ground floor front fagade surface along a secondary street—twelve and one-half(12.5)percent; C. Upper floor front fagade surface—twelve and one-half (12.5)percent. The ground floor front fagade glazing is calculated based on the total fagade area between two (2) and eight(8) feet above grade. The upper floor front fagade surface area is calculated based on the total surface area located between the elevation of any floor to the elevation of the floor above it or the elevation of the roof. Windows and doors shall have clear (untinted) glass and shall be open to the interior(not faux). iii. A walkway shall connect from the sidewalk to the primary entrance. (C) Building Materials. i. 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. ii. 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(iii), below, for new construction, however,the minimum requirement for exterior renovations, major additions and accessory buildings shall be the same as in sub-Section(i), above, for additions to existing buildings. iii. 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 front fagade: a. All brick or stone (limestone, granite, etc.), excluding window, display window, door, roofing, fascia and soffit materials,provided that the brick or stone used on each applicable fagade shall include at least two (2) architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.); or, b. Two (2) or more building materials (excluding window, display window, door and roofing materials), provided: 1. Primary Building Material: The primary building material shall be either: brick; stone (limestone, granite, etc.); synethetic equivalents of brick or stone; architectural pre-cast concrete, if the surface looks like brick or stone; traditional stucco; or fiber cement, and shall constitute a minimum of sixty-six (66)percent of each applicable fagade excluding glazed surfaces. Exterior insulation and finish system(E.I.F.S.) or equivalent; vinyl; or standard, fluted, or split face concrete masonry units (CMUs) are prohibited as a primary building material. 2. Secondary Building Material: The secondary building material shall constitute a minimum of ten(10)percent of the fagade excluding glazed surfaces. Glass curtain wall may qualify as a secondary building material. 3. Architectural Features: In addition,the exterior building material selection shall be supplemented with the use of multiple colors or architectural elements (e.g., quoins,pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.) on each front fagade. iv. Building materials used on the front faVade shall extend a minimum depth of sixteen(16) inches along the side favade as measured from the face of the front fagade. (D) Mechanical Equipment—HVAC equipment shall not be placed in the front yard or on the front faVade. (13) Development Standards for Two Family Dwellings. Notwithstanding anything in this MU District to the contrary, a two family dwelling shall be subject to the applicable development standards of the SF2 District. 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 ED 0 5 2011 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN