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Home My WebLink AboutAmend- Supplement CH.21 - Zoning ORDINA�IG� I�o. $792-97 Passed by the Common Council af the City of South Bend,Indiana June 9. 19 97 � City Clerk Attest: �� °�"� 1 LORET J.D A Attest: President of Common Council Presented by me to the Mayor of the City of South Bend,Indiana June 10, 19 97 � � _ � City Clerk LORETTA J.D DA Approved and signed by me June 10. 19 9� c c-�-� � - Mayor BILL NO. APC N0. ORDINANCE NO. ��'� AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING TO AND MAKING CERTAIN REVISIONS TO THE ZONING ORDINANCE. The purpose of this ordinance is to amend Chapter 21 of the Municipal Code by adding new definitions, establishing new permitted uses and special exceptions in various zoning districts, revising the "A" Residential District, revising the Historic Preservation regulations, and revising the sign regulations . The Common Council of the City of South Bend determines that it is necessary to make these changes in order to promote efficient and orderly land development in the City. NOW THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows : Section l. CHAPTER 21, ZONING, ARTICLE 1 GENERAL PROVISIONS, Section 21-1, Definitions, subsection (a) (46) , be amended to read as follows : (46) Rese��re�.- Family restaurant with lounqe means anY family restaurant which has on the premises an area constitutincr not more than twenty-five percent (25%) of the floor space from which minors are excluded. (4647) - (54) Reserved Section 2 . CHAPTER 21, ZONING, ARTICLE 2 USE DISTRICT REGULATIONS, DIVISION 2, "A" RESIDENTIAL DISTRICT, Section 21-8 (a) be amended as follow: (11) Residential facilities for the mentally ill or the developmentally disabled pursuant to Indiana Code. �6-�3-��--�� .-5;-�� .---Hewe�*e�;-a-�es}dex��a�-�ae��-�o�-��ie �.e�re�epr�ex�a��-�}sab�e�-e�-�xex�a��-��-s�.a��-r�o�-be-�oea�ed w��l��r�-��i�ee-�l�et�sar�d-{3;AAA}-�ee�-e�-a�o�ke�-�es�de��a� �ae}��p-�o�-�ke-de�e�e�x�e��a��p-d�sab�ed-e�-�erz�a��-��;-as �easx�ed-be�6vee�-�e�-�}�es .- (12) Day care or child care facilities pursuant to Indiana Code . ��-3-�-�� .-6 Page 1 Section 3 . CHAPTER 21, ZONING, ARTICLE 2 USE DISTRICT REGULATIONS, DIVISION 7, "C" COMMERCIAL DISTRICT, Section 21-18 (a) be amended by adding thereto the following: (lla) Barber and beautv shops. Section 4 . CHAPTER 21, ZONING, ARTICLE 2 USE DISTRICT REGULATIONS, DIVISION 7, "C" COMMERCIAL DISTRICT, Section 21-18 (d) (A) be amended as follows : (A) In the City of South Bend: (6) llB-�ll-Res��.e��a�-D�s��e� "O" Office Zonina District (7) llE-�ll-Eo��e�e}a�;-��ed-T3se-D�s��e� "PHC" Professional/Health Care District_ (8) ll�-�ll-P�ar��e�.-S�iopp�r�g-Eex�e�-D�s��e� "B-l�� Residential District (9) "BP" Business Park District (10) "C-1" Commercial, Limited Use District (11) "C-2" Planned Sho�pinq Center District Section 5 . CHAPTER 21, ZONING, ARTICLE 6 BOARD OF ZONING APPEALS, DIVISION 2, EXCEPTIONS TO DISTRICT REGULATIONS, Section 21-112, Exceptions in All Districts; be amended by adding the following: (8) Unless listed as a permitted use in a zoninq district, transmission towers and public utilities. The Council mav prescribe any reasonable conditions to the special exception necessary or desirable. Section 6. CHAPTER 21, ZONING, ARTICLE 6 BOARD OF ZONING APPEALS, DIVISION 2, EXCEPTIONS TO DISTRICT REGULATIONS, be amended by adding the following new section: Section 21-117 . 06 .A, Exception in "C" Commercial , "D" Lictht Industrial , and "E" Heavv Industrial Districts. (a) The followinq exception may be permitted in the "C" Commercial, "D" Light Industrial , and "E" Heavy Industrial Districts • (1) Family restaurant with lounqe: A family restaurant with lounae may be permitted in "C" Commercial, "D" LiQht Industrial , and "E" Heavy Industrial Districts without meeting the requirements of Section 21-18 (b) if the Council determines that the proposed use will not adverselv affect the public health, safetv or welfare, or be detrimental to adjacent properties or to the Qeneral neiQhborhood. The Council may prescribe anv reasonable conditions to the special exception necessary or desirable to carry out the qeneral purposes of this Chapter. Page 2 Section 7 . CHAPTER 21, ZONING, ARTICLE 6 . 5 HISTORIC PRESERVATION COMMISSION, Section 21-117 . 2 . (d) , Powers and duties, be deleted in its entirety and replaced by the following section: (d) Survey, identify, plan for and advise the Common Council and the Area Plan Commission concerninq the establishment of Historic Preservation Districts . Survey, identify, plan for and advise the Common Council concerninq the desianation of historic landmarks . The Historic Preservation Commission shall recommend the desianation of historic landmarks and the establishment of Historic Preservation Districts on the basis of historical and cultural siqnificance, educational value and suitability for preservation. Historic landmarks shall be designated and Historic Preservation Districts shall be established b the Common Council through the passaqe of an ordinance. Said ordinance shall be initiated in the usual manner: By the Common Council ; by a petition of the owners of fifty (50) percent or_more o_f the sub�ect area: or by the Area Plan Commission. If any proposed ordinance is introduced to the Common Council for the purpose of creatinq a new Historic Preservation District, or repealina, altering, or modifying an established Historic Preservation District, then prior to referral to the Area Plan Commission, the proposed ordinance shall be referred bv the Common Council to the Historic Preservation Commission which shall hold a public hearinq within ninety (90) days of the referral , unless such public hearinq was conducted by the Historic Preservation Commission prior to introduction of the proposed ordinance which shall satisfy this requirement of a public hearinQ. The public hearing before the Historic Preservation Commission shall be for the purpose of hearinq comments on the proposed ordinance and for the purpose of deliverinq either a favorable or unfavorable recommendation to the Common Council . Notice of such hearing shall be qiven to all owners of property in the affected Historic Preservation District . Failure of the Historic Preservation Commission to deliver a recommendation within ninety (90) days following referral by the Common Council shall be considered a favorable recommendation. If any proposed ordinance is introduced to the Common Council for the purpose of creatinq a new historic landmark, or repealing, altering, or modifying an established historic landmark, then prior to the Common Council ' s public hearinQ, the proposed ordinance shall be referred by the Common Council to the Historic Preservation Commission which shall hold a Public hearinQ within ninety (90) days of the referral , unless such public hearina was conducted by the Historic Preservation Commission prior to introduction of the proposed ordinance which shall satisfy this requirement of a public hearinQ. The public hearinq before the Historic Preservation Commission shall be for the purpose of hearinq comments on the proposed ordinance and for the purpose of delivering either a favorable or unfavorable recommendation to the Common Council . Notice of such hearina shall be qiven to all owners of the affected historic landmark. Failure of the Historic Preservation Commission to deliver a recommendation within ninety (90) days followinq referral by the Page 3 Common Council shall be considered a favorable recommendation. Section 8. CHAPTER 21, ZONING, ARTICLE 10, SIGN REGULATIONS, Section 21-170, (7) "HP Historic Preservation District (Permitted Signs) be deleted in it ' s entirety. Section 9 . CHAPTER 21, ZONING, ARTICLE 10, SIGN REGULATIONS, Section 21-169, General Provisions, Subsections (c) (6) be amended as follows : (6) Freestanding signs in the "�" "B" "C" and "D" Heiqht and Area Districts located within twenty-five (25) feet of the pavement edge shall have a maximum height of three (3) feet, or have a minimum clearance of ten (10) feet between the grade and the lowest point of the sign, except that for purposes of this provision, decorative pole covers shall not be considered to be part of the sign. Section 10 . This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication as required by law. � Mem er, Common Counci Filed in Ciert;'s Offic� ' 1 st READING �—/ _� � Page 4 ^ � PUBLIC HEARWG �_ _ p� r'IhtY' 1 � ��g7 3 rd READING � �� NOT APPROVED'9 LOF,`7TAJ. t3U�D,4, REFERRED CITY CLHfdK,�J.�E�lO,It�. PASSEd �,G�_ / / /"IJ SU/�s-l-�I��D U COMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OFSOUTHBEND: Your Committee to wh om was referred BILL NO. 32-97 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING TO AND MAKING CERTAIN REVISIONS TO THE ZONING ORDINANCE Respectfully report that they have e.xamined the matter and that in their opinion this bill has been recommended to the Council favorably as substituted Sean Coleman Chairman . , � . Area Plan Commission of St. Joseph County• . 1140 County-City Building � � � South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 219 235-9571 Fax 219 235-9813 May 21, 1997 The Honorable Common Council � II L IV U , �� City of South Bend LJ l l� \ O� County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance initiated by the Area Plan Commission amending and supplementing Chapter 21, Zoning, of the Municipal Code of the City of South Bend, Indiana, as amended, by adding to and making certain revisions to the Zoning Ordinance. - APC #1768-97 Dear Council Members: The above referenced ordinance initiated by the Area Plan Commission was legally advertised on May 8, 1997. The Area Plan Commission at its public hearing on May 20, 1997, took the following action: Upon a motion by Joseph Serge, being seconded by Beverly Crone and unanimously carried, the proposed ordinance initiated by the Area Plan Commission amending and supplementing Chapter 21, Zoning, of the Municipal Code of the City of South Send, Indiana, as amended, by adding to and making certain revisions to the Zoning Ordinance, is sent to the Common Council with a favorable recommendation. This amendment would correct various problems with the City of South Bend's Zoning Ordinance. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission�s Staff Report. Sin erely, �°�� o ert W. Sante RWS:sr Attachment F1�@C� jll C+�E.'I'n�� f$ICe �-�AY 2 1 1997 LORETTAJ. DU�:, CITY CLERY.,�fl.E3E�FD,I1J, Serving South Bend,Lakeville, New Carlisle,North Liberty,Osceola,Roseland and St.Joseph County, Indiana • , .. • _ . . - STAFF REPORT May 12, 1997 initiated bv the Area Plan Commission 1768-97 Location: City of South Bend REOUESTED ACTION: This is an Area Plan Commission initiated petition amending the Zoning Ordinance of the City of South Bend by adding new definitions, establishing new permitted uaes and apecial exceptions in various zoning districts, revising the "A" Residential District, revising the Historic Preservation regulations, and revising the sign regulations. PRELIMINARY STAFF RECOMMENDATION: Based on information available prior to the public hearing, the Staff recommends that this petition be sent to the Common Council with a favorable recommendation. This amendment would correct various problems with the City of South Bend's Zoning Ordinance.