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Home My WebLink About9783-07 Amend Chapter 21 - 9/10/07ORDINANCE No. 9783-07 Passed by the Common Council of the City of South Bend, Indiana September 10, Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana City Clerk President of Common Council September 11, 20 07 City Clerk Approved and signed by me s P r_ ~mb e r ~~ 20 U ~ Mayor 20 07 Ordinance No. ~ g 3 -° AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE: AMENDING ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS, TO ADD RELIGIOUS USES AND PUBLIC LIBRARIES IN ALL DISTRICTS, TO ALLOW MINI (SELF STORAGE) WAREHOUSES WITHOUT OUTDOOR STORAGE AS A PERMITTED USE AND WITH OUTDOOR STORAGE AS A SPECIAL EXCEPTION USE IN THE GB GENERAL BUSINESS DISTRICT; AMENDING ARTICLE 4 INDUSTRIAL DISTRICTS TO ADD CERTAIN FOOD SALES AND SERVICE USES, MINI (SELF STORAGE) WAREHOUSES AND RELIGIOUS USES TO THE LI LIGHT INDUSTRIAL DISTRICT, TO ADD MINI (SELF STORAGE) WAREHOUSES AND RELIGIOUS USES TO THE GI GENERAL INDUSTRIAL DISTRICT; AMENDING ARTICLE 7 GENERAL REGULATIONS TO REVISE THE HEIGHT OF MONUMENT SIGNS, TO PROVIDE FOR A MAXIMUM HEIGHT TO PARKING AREA SCREENING, TO REVISE THE REQUIRED NUMBER OF PARKING SPACES FOR TWO-FAMILY AND MULTI-FAMILY RESIDENCES AND RESTAURANTS; AMENDING ARTICLE 11 DEFINITIONS TO ADD A DEFINITION FOR MINI (SELF STORAGE) WAREHOUSE, TO REVISE THE DEFINITION FOR WAREHOUSE, AND TO DELETE THE DEFINITION FOR STORAGE AND TRANSFER ESTABLISHMENT. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on May 7, 2004. Now that the ordinance has been in use, it has been determined that certain changes are necessary to revise and clarify various sections of the ordinance. 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 21-03.03 O Office District, is hereby amended as follows: (a) Permitted Uses. (1) Primary Uses. (F) Public Facilities: Including but not limited to, Museum; Neighborhood Recycling Collection Point; Parking Garage or Parking Lot -when provided for permitted uses located within the same O District; Religious Use. Section II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial / Mixed Use Districts, Section 21-03.05 CB Community Business District, is hereby amended as follows: (a) Permitted Uses. (1) Primary Uses. (C) Educational Uses :Including but not limited to :Public Libraries; School - Commercial, Trade or Business. Section III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial / Mixed Use Districts, Section 21-03.07 GB General Business District, is hereby amended as follows: (a) Permitted Uses. (1) Primary Uses. (B) Educational Uses :Including but not limited to :Public Libraries; School - Commercial, Trade or Business. (E) Miscellaneous: Including but not limited to: Agriculture Seed Sales; Artificial Lake; Bus, Taxi, or limousine terminal, with or without repair; Conference Center; Farm Equipment -sales and service; Kennel (with indoor runs); Kennel (with outdoor runs); Manufactured Home Sales; Mini Sel Stora e Warehouse; without outdoor storage; Sign Painting; Radio / Television Stations (without transmission towers); Radio /Television Stations (with transmission towers); Roadside Food Sales; Tool and Equipment Rental; Veterinary Hospital (without boarding); Veterinary Hospital (including boarding). (Ord. No. 9653-06) (G) Public Facilities: Including but not limited to: Neighborhood Recycling Collection Point; Recycling Facility; Parking Garages; Parking Lot - Commercial; Religious Use. (Ord. No. 9653-06) Section IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial / Mixed Use Districts, Section 21-03.07 GB General Business District, is hereby amended as follows: (a) Permitted Uses. (2) Special Exception Uses. (B) Miscellaneous: Including but not limited to: Machine Shops, with not more than five (5) operating employees ;Mini (Self Storage) Warehouse; with outdoor storage ;Tattoo, Body Piercing, Scarifying and Brandishing Establishments*. (Ord. No. 9653-06) Section V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial / Mixed Use Districts, Section 21-03.07 GB General Business District, is hereby adding a new subsection as follows: (b) Development Standards. (11) Outdoor Operations -shall be permitted subject to the following regulations: ~E,) Mini (Self Storage) Warehouse - When permitted as a special exception use, outdoor storage for the purpose of storing and removing_personal property, such as but not limited to boats and vehicles, is permitted up to 20% of the gross floor area of all buildings on the lot. Section VI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 Industrial Districts, Section 21-04.01 LI Light Industrial District, is hereby amended as follows: (a) Permitted Uses. (1) Primary Uses. Food Sales and Service: Including but not limited to: Bakery -retail; Convenience Store; Dairy Bar -retail; Delicatessen; Ice Cream Store -retail; Restaurant -Drive In; Restaurant -Drive Through; Restaurant -Fast Food; Restaurant -Family; Restaurant -Family with Lounge; Yogurt Store -retail. {~to~ ~-) to (~} to ~ Miscellaneous: Including but not limited to: Artificial Lake; Bus, Taxi or Limousine terminal, with or without repair; Conference Centeri Mini Sel Storage) Warehouse, with or without outdoor storage. (Ord. 9583-OS) {-~} to {F~ to ~H,) (~} to ~ Public Facilities: Including but not limited to: Airport -Public (including Heliports); Neighborhood Recycling Collection Point; Parking Garage; Parking Lot -Commercial; Religious Use. (Ord. No. 9653-06) (I~to~ Section VII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 Industrial Districts, Section 21-04.01 LI Light Industrial District, is hereby amended as follows: (a) Permitted Uses (2) Special Exception Uses. (C) Food Sales and Service: Including but not limited to: l~aker~r~~ Bar * (without entertainment or dancing); Cabaret-Adult *; ~'°~-~°~~°~°° c*°~°; T~ ~~tai'r~eli~tesJen-Ise-C-rean~tor~'; Nightclub *; -T~~--B1~H~'L 1-~s~i~t.,,.,,..,,.fc- z s~~~cs-rcri~..,..t ~.,~* ~'.,.,.~; °~cc=rrta~~~''hy- n~t~rrsn ;Tavern * (without entertainment or dancing); ~og~t~ter~iz. Section VIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 Industrial Districts, Section 21-04.02 GI General Industrial District, is hereby amended as follows: (a) Permitted Uses. (1) Primary Uses. (G) Miscellaneous: Including but not limited to: Adult Business *; Artificial Lake; Bus, Taxi or Limousine terminal, with or without repair; lumberyardsi Mini (SelfStora~) Warehouse, with or without outdoor storage. (Ord. 9583-OS) (J) Public Facilities: Including but not limited to: Neighborhood Recycling Collection Point; Recycling Facility; Parking Garage; Parking Lot - Commercial; Religious Use. (Ord. No. 9653-06) Section IX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 General Regulations, Section 21-07.01 Landscape Regulations, is hereby amended as follows: (e) Off-Street Parking Area Screening. The regulations of this sub-Section shall apply to all new surface, off-street parking areas and expanded surface off-street parking areas for any use except a single family dwelling or two family dwelling. In addition to perimeter yard landscaping, foundation landscaping and interior parking area landscaping, if anoff-street parking area is located: between a front building line and a front lot line; between a side building line and any required side residential bufferyard; or, between a rear building line and any required rear residential bufferyard, the edge of the parking area facing such front lot line, side residential bufferyard or rear residential bufferyard s ='y Example of Off-Street Parking Area Screening shall be screened by a compact row of shrubs/hedge plants planted three feet on-center (3' o.c.) across the front of the parking area ,,,,a ., „~,~„o.,,.. ~ ,,..: ,.~,o~ ~~~ ~~~ :., ~.o:,.~.. „+ *~o .:...,o „~ plimt~xg-~ located between such front lot line, side residential bufferyard or rear residential bufferyard and the edge of the parking area. Minimum planting~size shall meet the requirements of Table 21-07.01-B for Hedge Plants /Shrubs, and be maintained at a maximum allowable growth height of thirty-six inches (36"~ Section X. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 General Regulations, Section 21-07.03 Sign Regulations, is hereby amended as follows: (d) On-Premise Signs: Commercial /Mixed Use Districts and Industrial Districts (Except for the MU District and CBD District) (1) Single Use Sites -Freestanding Identification Signs. (E) Maximum Height of Freestanding Identification Signs. The maximum height above grade of freestanding identification signs shall not exceed that specified in Table 21-07.03 (d) - B: Maximum Height and Type of Sign, below: ~~ ~ ~~ ~. ..__ ,_ Table 21-07.03 (d) - B: Maximum Height and Type of Sign Freestanding Signs for Single Use Sites Districts Type of Sign OB O/LB CB/GB LI/GI Monument Sign 4 5 ft. 6 ft. 8 ft. 6 8 ft. Pole Sign -when oriented toward a limited access highway 25 ft. 25 ft. 40 ft. 40 ft. Pole Sign -when oriented toward any other street NA NA 25 ft. 25 ft. NOTE: NA =Not Allowed /Not Permitted. Section XI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 General Regulations, Section 21-07.04 Off-Street Parking Regulations, is hereby amended as follows: TABLE 21-07.04 E: Required Off-Street Parking All uses shall provide a minimum number ofoff-street parking spaces as indicated below. 42. Residential: Multifamily, including apartment houses Ape-~1~ Two 2 parking spaces per dwelling unit. Note: In the CBD District, apartment houses containing one-hundred (100) or more dwelling units may provide a minimum of two (2) parking spaces for every three (3) dwelling units. 43. Residential: Two Family 44. Restaurants: Family restaurant, Family restaurant with lounge, Fast food restaurant Minimum Parking Required Ane-{~ Two 2 parking spaces per dwelling unit. One (1) parking space per each three (3) customer seats based upon the maximum number of persons that can be accommodated at the same time in accordance with design ca aci (including outdoor seating areas) (minimum of five (5) parking spaces required). Except for residential uses, in no case shall any individual, non-related and separately operated use provide less than three (3) parking spaces. Section XII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11 Definitions, Section 21-11.02 Definitions, is hereby amended as follows: C4 .1 T 4' T.'n+nl.l:nL.w.°h4. A ~ n:l:+.. n4 ..,b.:nl~. rrrt~..n4o ~r°n.r1n .. .v.n4°ri.,ln n ..,, b..~ ..... .................., ,...., L,' 4. „l.n .,4 .. n:l.l. nln, .:41. .,41.n ° ° .. ++ rta..nfc,-rtrtrt~l c,~r_ ' n4n«;nln 4n n n,4L,°« .lnn4: r. n4:..v. ' Warehouse nra T~'°*~'~~•*~^^ r°~*°r: A building or structure, including but not limited to a distribution center and a truck terminal, for the storage and / or transfer of goods, materials or products awaiting shipment to another location for wholesale or retail trade. Mini (Self Storage) Warehouse: A building or structure designed and used for the purpose of renting or leasing individual storage spaces to occupants who are to have access to such for the purpose of storing and removing_personal property. Section XIII. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. -~ 1 , Member of the Co on Council Attest: 'ty lerk Presented by me to the Mayor of the City of South Bend, Indiana on the l ~~ day of ~~,~,b.ur ,2007, at Z =a~ o'clock ~ , ._m. City erk , ~ Approved and signed by me on the at //: 20 o'clock a.. m. i st READING ~ ~ ~ 3 ~~~ PU6LIC HEARING ~'"~ ~~~ i 3 rd READING ~ - t d' ~ ~ NOT APPROVED REFERRED /~'~' ~-~~ ~v~ PASSED Cl_`~_ p~ /Z~ day of ~~~ , 2007 u-~-i1~- ayo of the C of South Bend, Indiana Filed in Cierk'S office AUG - 2 2001 JOHP! VSO RBEND, IN. CITY CLERK, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 48-07 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE: AMENDING ARTICLE 3 COMMERCIAUMIXED USE DISTRICTS, TO ADD RELIGIOUS USES AND PUBLIC LIBRARIES IN ALL DISTRICTS, TO ALLOW MINI (SELF STORAGE) WAREHOUSES WITHOUT OUTDOOR STORAGE AS A PERMITTED USE AND WITH OUTDOOR STORAGE AS A SPECIAL EXCEPTION USE IN THE GB GENERAL BUSINESS DISTRICT; AMENDING ARTICLE 4 INDUSTRIAL DISTRICTS TO ADD CERTAIN FOOD SALES AND SERVICE USES, MINI (SELF STORAGE) WAREHOUSES AND RELIGIOUS USES TO THE LI LIGHT INDUSTRIAL DISTRICT, TO ADD MINI (SELF STORAGE) WAREHOUSES AND RELIGIOUS USES TO THE GI GENERAL INDUSTRIAL DISTRICT; AMENDING ARTICLE 7 GENERAL REGULATIONS TO REVISE THE HEIGHT OF MONUMENT SIGNS, TO PROVIDE FOR A MAXIMUM HEIGHT TO PARKING AREA SCREENING, TO REVISE THE REQUIRED NUMBER OF PARKING SPACES FOR TWO-FAMILYAND MULTI-FAMILY RESIDENCES AND RESTAURANTS; AMENDING ARTICLE 11 DEFINITIONS TO ADD A DEFINITION FOR MINI (SELF STORAGE) WAREHOUSE, TO REVISE THE DEFINITION FOR WAREHOUSE, AND TO DELETE THE DEFINITION FOR STORAGE AND TRANSFER ESTABLISHMENT Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Karen L. White Chairperson Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com Fax 574 235-9813 August 1, 2007 Timothy A. Rouse, President South Bend Common Council Fourth Floor, County-City Building 227 W. Jefferson Boulevard South Bend, IN 46601 RE: Area Plan Commission Initiated Petition to Amend Various Sections of Chapter 21, City of South Bend Zoning Ordinance. Dear Mr. Rouse: Attached is a proposed ordinance being initiated by the Area Plan Commission. The purpose is to perform a variety of text changes in the zoning ordinance. Please place this item on the August 13, 2007 Council Agenda for First Reading. The Area Plan Commission will schedule this ordinance for public hearing on August 21, 2007. If you have any questions, please feel free to contact me. Sincer , ( ~, l r ~ Larry Mag ozzi, A~stant Dir ctor Filed In Ga~rk'~ C~~~~® AUG - ?_ 2007 CITY Cl.~n'~, ~!~. ta~?!3, IN. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Area Plan Commission of St. Joseph County John W. Byorni Executive Director 1140 County-City Building South Bend, Indiana 46601 Larry P. Magliozzi Assistant Director Phone 574 235-9571 August 22, 2007 www.stjosephcountyindiana.com Fax 574 235-9813 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: An Ordinance initiated by the Area Plan Commission amending Chapter 21 of the South Bend Municipal Code: Amending Article 3 Commercial/Mixed Use Districts, to add religious uses and public libraries in all districts, to allow mini (self storage) wazehouses without outdoor storage as a permitted use and with outdoor storage as a special exception use in the GB General Business District; amending Article 4 Industrial Districts to add certain food sales and service uses, mini (self storage) warehouses and religious uses to the LI Light Industrial District, to add mini (self storage) warehouses and religious uses to the GI General Industrial District; Amending Article 7 General Regulations to revise the height of monument signs, to provide for a maximum height to pazking azea screening, to revise the required number of parking spaces for two-family and multi- family residences and restaurants; amending Article 11 Definitions to add a definition for mini (self storage) wazehouse, to revise the definition for warehouse, and to delete the definition for storage and transfer establishment. - APC# 2448-07 Dear Council Members: I hereby Certify that the above referenced ordinance of Area Plan Commission was legally advertised on Thursday, August 9, 2007 and that the Area Plan Commission at its public heazing on Tuesday, August 21, 2007 took the following action: Upon a motion by John DeLee, being seconded by Steve Vojtko and unanimously carried, the Ordinance initiated by the Area Plan Commission amending Chapter 21 of the South Bend Municipal Code: Amending Article 3 Commercial/Mixed Use Districts, to add religious uses and public libraries in all districts, to allow mini (self storage) wazehouses without outdoor storage as a permitted use and with outdoor storage as a special exception use in the GB General Business District; amending Article 4 Industrial Districts to add certain food sales and service uses, mini (self storage) wazehouses and religious uses to the LI Light Industrial District, to add mini (self storage) wazehouses and religious uses to the GI General Industrial District; Amending Article 7 General Regulations to revise the height of monument signs, to provide for a maximum height to pazking area screening, to revise the required number of pazking spaces for two-family and multi-family residences and restaurants; amending Article 11 Defmitions to add a definition for mini (self storage) warehouse, to revise the defmition for wazehouse, and to delete the definition for storage and transfer establishment. is sent to the Common Council with a favorable recommendation. The amendment will make needed changes to the City's Zoning Ordinance. The deliberations of the Area Plan Commission and points considered in arriving at the above decision aze shown in the minutes of the public heazing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, /adhn W. Byo ~ _ JWB:sr Attachment Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2448-07 Owner: Area Plan Commission Jurisdiction: City of South Bend Requested Action: This is a proposal to amend the South Bend Zoning Ordinance by making the following changes: Section I. -Added Religious Use to the permitted uses list in the MU Mixed Use District under subsection (F). Section II. -Added Public Libraries to the permitted uses list in the CB Community Business District under subsection (C). Section III. -Added Public Libraries to the permitted uses list in the GB General Business District under subsection (B). Changed Mini-Warehouses to Mini (Self Storage) Warehouse without outdoor Storage; under subsection (E) of the permitted uses list in the GB General Business District. Added Religious Use to the permitted uses list in the GB General Business District under subsection (G). Section N. -Changed Mini (Self Storage) Warehouse to Mini (Self Storage) Warehouse with outdoor storage; to the Special Exception Uses list in the GB General Business District under subsection (B). Section V. -Added Development Standards to subsection (E) of the Outdoor Operations section for Mini (Self Storage) Warehouse. Section VI. -Added Food Sales and Service as subsection (C) to the permitted uses list in the LI Light Industrial District and adjusted the letter designation to all remaining subsections under the permitted uses listed. Added Religious Use to the permitted uses list in the LI Light Industrial District under subsection (n. Section VII. -Removed several uses from the Food Sales and Service Listed under subsection (C) of the Special Exception Uses list in the LI Light Industrial District. Section VIII. -Added Mini (Self Storage) Warehouse, with or without outdoor storage; to the permitted uses list in the GI General Industrial District under subsection (G). Added Religious Use to the permitted use list in the GI General Industrial District under subsection (J). Section IX. -Removed the minimum height requirement as listed in the Off-Street parking area Screen in the general landscaping regulations and added reference for new minimum planting size requirement per table 21-07.01-B, as well as adding a maximum height of 36 inches. Section X. -Modified the maximum height of monument signs for Single Use Sites; under table 21-07.03 (d) -Bin the Sign Regulations. Section XI. - Changed four parking calculations for Residential Uses in the Off-Street Parking Regulations. Area Plan Commission #2448-07 Page 1 of 2 Section XII. -Removed the definition for Storage and Transfer Establishment from the Section 21-11.02 Definitions. Modified the definition to Warehouse and Distribution Center in Section 21-11.02 Definitions. Added a definition for Mini (Self Storage) Warehouse in Section 21-11.02 Definitions. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: The amendment will make needed changes to the City's Zoning Ordinance. Area Plan Commission #2448-07 Page 2 of 2