HomeMy WebLinkAbout10113-11 Amend Code - Chapter 21 Zoning Overlay Special Use Distrits Northeast Neighborhood Development Area ORDINANCE No . 10113-11
Passed by the Common Council of the City of South Bend, Indicana
August 22, 20 11
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Attest: City Clerk
�HN V ORDE
Attest: ° President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
August 23, 20 11
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- -- _ City Clerk
JOHN V ORDE
Approved and signed by me A u g u s t 2 5, 20 11
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ORDINANCE NO. 10113-11
AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21: ZONING
ORDINANCE OF THE CITY OF SOUTH BEND MUNICIPAL CODE,AS AMENDED,
AMENDING ARTICLE 6,OVERLAY AND SPECIAL USE DISTRICTS BY ADDING A '
NEW SECTION 21-06.03,NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA
OVERLAY ZONING DISTRICT; AND AMENDING THE ZONING MAP OF THE CITY
OF SOUTH BEND TO APPLY THE NEW OVERLAY DISTRICT TO AN AREA
GENERALLY KNOWN AS NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA
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. The zoning
ordinance contains provisions for establishing Overlay Districts.
The South Bend Redevelopment Commission has established the Northeast
Neighborhood Development Area. Residents of this area have been working to establish
design guidelines for this area. On August 26, 2009, the Commission approved and
adopted its
Resolution No. 2598 entitled"A RESOLUTION OF THE SOUTH BEND
REDEVELOPMENT
COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE NORTHEAST
NEIGHBORHOOD DEVELOPMENT AREA AND ADOPTING THE NORTHEAST
NEIGHBORHOOD DESIGN GUIDELINES".
On September 15, 2009, The St. Joseph County Area Plan Commission approved
Resolution No. 203-09 which approved a resolution of the South Bend Redevelopment
Commission amending the Development Plan for the Northeast Neighborhood
Development Area(hereafter referred to as"NNDA") and adopted the Northeast
Neighborhood Design Guidelines.
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,be amended by
adding the following new section 21-06.03 Northeast Neighborhood Development Area
Overlay Zoning District(hereafter referred to as "NNZO").
Sec. 21-06.03 Northeast Neighborhood Development Area Overlay Zoning District
Notwithstanding any provision elsewhere in this South Bend Zoning Ordinance
("hereafter referred to as "this SBZO")to the contrary, all new development within the
NNZO shall be subject to the following regulations. In the case of conflict between the
provisions of this NNZO and other provisions of the SBZO,the provisions of this NNZO
shall control.
(a) Intent.
It is the intent of this NNZO to codify a number of the recommendations of the Northeast
Neighborhood Design�uidelines which are most relevant and applicable to new
development in the NNDA.
By codifying a number of the recommendations of the Northeast Neighborhood Design
Guidelines,the NNZO accomplishes the following purposes:
(1) To establish a comprehensive design approach for the NNDA;
(2) To encourage high-quality design of future buildings and site development
that preserves and enhances the character of a traditional neighborhood;
(3) To create a strong,unique neighborhood identity image;
(4) To provide a range of design options to address future development
opportunities; and
(5) To instill and enforce the sense of"pride of place" among residents,
businesses, and property owners.
(b) Applicability
(1) New Development—The regulations contained in this NNZO shall be
applicable to all new construction on real property located within the area
designated as the Northeast Neighborhood Development Area
Overlay Zoning District on the Zoning District Map for the City of
South Bend. In order to assure the compatibility of new development
within the NNDA with that of the surrounding community, any new
building, structure or sign within the NNDA after the effective date of the
NNZO shall be subject to the regulations contained in this NNZO.
Renovations or expansions of existing buildings, structures, or signs are
not subject to the regulations of this NNZO but shall be subject to all
applicable regulations of the underlying zoning district.
(2) Land Use—The land use permitted on any individual lot with this NNDA
shall be determined by the underlying zoning district.
(3) Development Standards—The determination of which of the development
standards and regulations of this NNZO shall be applicable to a particular
lot,project or development shall be determined by the proposed use of the
real property, not by the underlying zoning district.
(4) Special Exception Uses—For those uses which must be reviewed by the
Board of Zoning Appeals and approved by the Common Council through
the Special Exception Process in accordance with the underlying zoning,
the applicable regulations of this NNZO shall be determined by the Board
of Zoning Appeals and the Common Council as part of their determination
of the appropriateness of the use.
(c) Definitions.
In addition to the definitions contained in Article 11, Section 21-11 Definitions,the
following definitions apply in this NNZO.
(1) Arcade—A series of arches supported by columns or piers; a building or
part of a building with a series of arches.
(2) Articulation-The relationship of contacting surfaces to create a series of
plane changes in order to avoid a flat appearance.
(3) Atrium - An opening connecting two or more stories other than enclosed
stairways, elevators,hoistways, escalators,plumbing, electrical, air-
conditioning or other equipment,which is closed at the top and not
defined as a ma1L
(4) Bay- One unit of a building that consists of a series of similar units,
commonly defined by the number of window and door openings per floor
or by the space between columns or piers.
5 Belt Course- A narrow, horizontal band projecting from the exterior walls
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of a building,usually defining the interior floor levels.
(6) Brace - A diagonal stabilizing member of a building frame.
(7) Bracket-A support element under eaves, shelves or other overhangs;
often more decorative than functional.
(8) Building Mass -The height, width and depth of a structure.
(9) Building Scale -The relationship of a particular building, in terms of
building mass,to other nearby and adjacent buildings.
. (10) Cantilever-A projecting beam or part of a structure supported only at one
end.
(11) Casement- A window with sash hung vertically and opening inward or
outward.
(12) Colonial Style-The style of architecture, decoration, and furnishings of
the British colonies in America in the 17th and 18th centuries,mainly
adapted to local materials and demands from prevailing English
styles.[Provide graphic]
(13) Cornice- Projecting ornamental molding along the top of a building or
wall.
(14) Craftsman Style- A movement that originated in England in the late 1800s
as a reaction to poor-quality,mass-produced goods, conceiving of craft
and decoration as a single entity in the fabrication of objects. [Provide
graphic]
(1 S.1) Cupola- A dome shaped roof on a circular base, often set on the ridge of a
roof.
(15.2) Decorative Fence—A fence made of inetal or wood with open areas
representing not less than 70%of the fence area. Chain link,barbed wire
or similar style fences shall not be considered decorative.
(15.3) Decorative Wall—A wall made of brick, split-face block, or other
decorative masonry material. Plain concrete block shall not be considered
decorative.
(16) Dormer- A vertically set window on a sloping roof; the roofed structure
housing such a window.
(17) Eaves-The projecting overhang at the lower edge of a roof.
(18) Egress -An exit.
(19) Flat Roof- A roof that has no perceptible pitch or slope.
(20) Fenestration - The arrangement of windows in a wall.
(21) Gable-A triangular wall segment at the end of a double pitched or gabled
roof.
(22) Gambrel -A ridged roof with two slopes on each side,the lower slope
having the steeper pitch.
(23) Hipped Roof-A roof with four uniformly pitched sides.
(24) Ingress -An access or entry point.
(25) Lintels -A beam supporting the weight above a door or window opening.
(26) Mansard Roof-A roof that has two slopes on all four sides.
(27) Masonry- Wall construction of materials such as stone,brick and adobe.
(28) Modern Style—The style of architecture commonly referred to by
architects, and in North American architectural literature, as "Modern" or
"Modernistic". For example, see McAlester,Virginia& Lee,A Field
Guide to American Houses,Alfred H. Knopf,New York 1984 p. 464 et
seq. [Provide graphic]
(29) Molding-A continuous decorative band that is either carved into or
applied to a surface.
(30) Mullion-A vertical member separating, and often supporting,windows,
doors or panels set in a series.
(31) Parapet- A low, solid,protective wall or railing along the edge of a roof
" or balcony.
(32) Pavers - Preformed paving blocks that are installed on the ground to form
patterns while at the same time facilitate pedestrian and vehicular travel.
(33) Plaza-An open space that may be improved and landscaped,usually
surrounded by streets and buildings.
(34) Portico -A major porch or overhang supported by columns.
(35) Prairie Style- A style of the early 20th century,notably Frank Lloyd
Wright that emphasized the horizontal lines responding to the flatness of
the Midwestern prairie. [Provide graphic]
(36) Setback- The distance between a building and any lot line.
(37) Sill-The lowest horizontal member of a frame structure,resting on and
anchored to a foundation wall
(38) Spindle- A turned wooden element,often used in screens stair railings,
and porch trim.
(39) Steeply-sloped - Having a pitch of 10/12 or greater for a minimum
horizontal distance of thirty-six inches (36").
(40) Street frontage: Primary—a parcel's front lot line abutting the street on
which the parcel's address is platted.
(41) Street frontage: Secondary—a parcel's side lot line where,because the
parcel is a corner lot, the side lot line abuts a street other than the street on
which the parcel's address is platted.
(42) Streetwall -The continuation of zero lot line building fa�ades along a
street.
(43) Step back-An architectural element in which the upper stories of a tall
building are stepped back from the lower stories.
(44) Transom -A crosspiece separating a doorway from a window or fanlight
above it.
(45) Tudor Style- A transitional style of English architecture that developed
during the reign of the royal house of Tudor in the second half of the 18th
century, characterized by the Tudor arch and the application of
Renaissance details to buildings. [Provide graphic]
(46) Turret-A small, slender tower usually at the corner of a building, often
containing a circular stair.
(47) Uplight- A decorative light fixture used to accent architectural elements
or landscaping.
(48) Vault- An arched ceiling of masonry.
(49) Veranda-A roofed open gallery or porch.
(d) Single Family and Two-Family Residential
All new single family and two-family residential construction shall comply with the
following regulations:
(1) Single Family and Two-Family Residential Building Massing
(A) Angular or curved building massing is prohibited.
(B) Building heights shall not be less than one(1) story(or fifteen feet
[15']) and shall not exceed two-and-a-half(2 lh) stories (or thirty-
five feet [35']).
(C) Front doors and windows to major rooms shall face the primary
street.
(D) Front porches are required and shall have a minimum depth of six
feet (6') and cover a minimum of fifty percent(50%) of the
primary street elevation.
(2) Single Family and Two-Family Residential Roof Shapes
(A) Hipped and gabled roofs are acceptable roof types.
(B) Mansard, mock mansard, and barrel roofs are prohibited:
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(C) Eaves shall have a minimum overhang of two feet(2') and a
maximum overhang of three feet(3').
(3) Single Family and Two-Family Residential Building Design and Materials
(A) Fa�ades
(i) Buildings that have identifiable architectural styles shall
incorporate elements and details that remain consistent with
that style.
(ii) Unarticulated,Modern Style building fa�ades are prohibited.
(iii) Building designs that create blank wall conditions facing
primary or secondary streets are prohibited.
(iv) Building designs that create blank wall conditions facing
primary or secondary streets or orient front doors so that they
are not visible from the primary street are prohibited.
(v) The front door and windows shall be the dominant elements of
� the front fa�ade.
(B) Fenestration
(i) Buildings shall provide fenestration on fa�ades facing
primary and secondary streets. Exposed,blank walls are
prohibited.
(u) Door and wlnClow shapes shall be rectangular(oriented vertically),
square,or Palladian.
(iii) Round,hexagon,and octagonal shaped doors or windows shall only
be allowed as accents.
(iv) The front door shall be the dominant feature on the front
fa�ade of the house and shall remain consistent with the
building's architectural style or character.
(v) Doors and windows shall be made of painted metal,
wood,fiberglass or vinyl. Dark or reflective glass is
prohibited.
(vi) Mill finish(non-colored)aluminum door and window
frames are prohibited.
(vii) If a building has window shutters,the window shutters
shall be sized and shaped to match the associated
opening,and shall be mounted against the outside edge
of the window. Window shutters shall be either
louvered or paneled, and made of painted wood,metal,
fiberglass or viriyl.
(viii) Solid metal security gates,metal roll-down windows,and
link/grill security devices are prohibited in all residential
windows and doorways.
(C) Materials
(i) "Jumbo," or other commercial-grade/scale bricks,
cinder/concrete block,unfinished metal,plywood,
unfinished pre-cast or poured-in-place concrete are
prohibited on any residential building fa�ades.
(ii) Roofs,if sloped,shall be clad in cedar wood shake,fiberglass,
asphalt shingles,prefinished metal shingles or slate.
(iii) When used, asphalt or fiberglass shingles with a "shadow
line" effect are encouraged,as long as they meet or exceed
local building codes.
(D) Colors
(i) Bright colors are prohibited as primary house colors but
may be used for subtle trim accents in amounts not to
exceed 10%of the fa�ade area.
(E) Projections
(i) Residential entrances shall be visible from the street,
easily accessible, and well-lit. Architectural elements
such as porches,porticos,and canopies are required to
identify residential entrances and maintain the existing
neighborhood character.
(ii) The floors of front porches shall be raised between
twenty-four and forty-eight inches(24"-48") above
finished grade and be designed so as to allow access to the
public sidewalk at the front lot line.
(iii) A front entry porch,portico or canopy element shall
provide for a minimum depth of six feet (6').
(iv) Porticos shall extend relative to the door or access they
frame,up to 30% of the primary fa�ade.
(v) Porch handrails of perforated metal, stainless steel cables,
or unfinished metal mesh are prohibited.
(vi) Open porch bases are prohibited. Porch bases shall be
continuously skirted with a painted wood lattice panel,
masonry, or similar material to the primary building.
(F) Lighting
(i) Floodlights and uplights with bulbs greater than 100 watts on
residential building fa�ades are prohibited. Motion-
sensored flood lights and security lights shall be limited to
rear door entries, side door entries or garages only.
(ii) Building and landscape lighting shall be a natural white
color consistent with incandescent,fluorescent,LED or
metal halide lighting. Colored lights are prohibited unless
for appropriate seasonal decoration or interest.
(G) Mechanical Equipment and Utilities
(i) Exposed mechanical equipment along primary and
secondary street frontages is prohibited.
(ii) Window-mounted air conditioning units placed facing
primary or secondary street frontages are prohibited.
(iii) Satellite television dishes shall be located according to the
provisions of the SBZO,unless documentation is
provided to demonstrate a lack of reception, shall not
be visible from the primary street frontage. If such
documentation is provided, the satellite television dish
shall be located as discretely as possible.
(5) Single Family and Two-Family Residential Landscaping
(A) Steeply-sloped yards in excess of a slope of 2 to 1 (two foot
horizantal for one foot vertical) shall incorporate a slope retention
element of either a small retaining wall with steps as a transition
to the sidewalk or ground cover/low shrub planting schemes.
(B) Decorative walls,decorative fences, or hedges shall not exceed
three feet (3') in height along the front and side property lines that
face the primary or secondary streets.
(C) Decorative walls,decorative fences,and hedges shall be no greater than five
feet{-5')in height along the rear and side property lines that do not face the streets.
(6) Single Family and Two-Family Residential Parking and Service Areas
(A) Off-street parking shall be provided by an enclosed garage located to
the rear of the primary structure.
(B) Side-loaded garages accessible from primary or secondary street frontages are
permitted only when legal alley access to garages is not available.
(C) Garages that gain access from the front of the property or the primary street are
prohibited unless there exists a lack of legal access from an alley or secondary street.
(D) If the garage door on an attached garage must face a primary street due to lack of
legal access from an alley or secondary street,the garage door must be set back a
muiimum of 20 feet from the front fa�ade of the house.
(E) Garages oriented with garage doors facing an alley shall ha�e a
setback(apron)of not less than 18'from the alley,sufficient to
accommodate the parking of an automobile.
(F) Garage setbacks shall include paved and screened locations for trash cans if trash
cans are not stored in the garage.
(G) No more than one(1)double or two (2) single garage doors are
permitted to face any primary or secondary street.
(H) Garages shall incorporate roof types that match the roof type of the
primary building. Hipped and gabled are acceptable roof types.
(I) Three-car garages are prohibited.
(J) Driveways fifteen feet(15')or greater at the curb or circular
designed driveways within the front yard setback are prohibited.
(7) Single Family and Two-Family Residential suilding Addresses
(A) Address numbers should be a minimum of three inches(3")in height.Vinyl-
applied numbers are prohibited.
(e) Multi-Family Residential
All new multi-family residential construction shall comply with the following
regulations:
(1) Multi-Family Residential Building Massing
(A) In the event of mixed residential building types on abutting lots
located within the same block face,the height and massing of new
multi-family buildings shall be no more than twice the height and
massing of the immediately abutting building,including buildings
on the same lot.
(B) Angular or curved building massing is prohibited.
(C) Buildings shall not exceed three(3) stories or forty feet (40') in
height.
(2) Multi-Family Residential Roof Shapes
(A) Eaves shall have a minimum overhang of two feet(2') and a
maximum overhang of three feet(3').
(3) Multi-Family Residential Building Setbacks
(A) Building setbacks shall not exceed ten feet(10') from the right of
way line of the street on which the parcel's address is platted.
(4) Multi-Family Residential Building Design
(A) Farades
(i) All residential buildings shall include design elements
including but not limited to front doors/entries, front
porches, articulated rooflines, and balanced/symmetrical
fenestration on the primary fa�ade.
(ii) Residential buildings that have identifiable architectural
styles shall incorporate elements and details that remain
consistent with that style.
(iii) Unarticulated, Modern Style building fa�ades are
prohibited.
(iv) Front building fa�ades shall be oriented toward, and
parallel to, all primary street frontages including corner
lots.
(v) Building designs that create blank wall conditions facing
primary or secondary streets are prohibited.
(vi) T'he front door(s) shall be a prominent feature on the front
fa�ade of the building and shall face the primary street
frontage.
(vii) Building designs that create blank wall conditions facing
the street or orient front doors so that they are not visible
from the street are prohibited.
(viii) Front doors and windows shall be the dominant elements of
the front fa�ade.
(ix) Garage doors shall face alleys or be oriented so as to not
face the primary street frontage.
(x) Front doors,mailboxes, and windows to major rooms shall
face the primary street frontage.
(B) Multi-Family Residential Fenestration
` (i) Buildings shall provide fenestration on fa�ades facing
primary and secondary streets. Exposed,blank walls are
prohibited.
(ii) Door and window shapes shall be rectangular(oriented vertically),square,or
Palladian.
(iii) Round,hexagon,and octagonal shapes shall only be allowed as accents
(iv) Doors and windows shall be made of painted metal,wood,
- vinyl or fiberglass.
(v) Opaque or reflective glass is prohibited.
(vi) Mill finish(non-colored)alwnuium door and window frames are '
prohibited.
(vii) If a building has window shutters,the window shutters
shall be sized and shaped to match the associated opening,
and shall be mounted against the outside edge of the
window. Window shutters shall be either louvered or
paneled, and made of painted wood,metal,vinyl, or
fiberglass.
(viii) Solid metal security gates,metal rolldown windows, and
link/grill security devices are prohibited in all windows and
doorways.
(C) Multi-Family Residential Materials
(i) Cinder/concrete block,metal,plywood,unfinished pre-cast
or poured-in-place concrete are prohibited on any
residential building fa�ades except for basement foundation
walls between the first floor sill plate and grade, where
concrete, concrete masonry,brick, stone or stucco is
permitted.
(ii) Roofs, if sloped, shall be clad in cedar wood shake,
fiberglass shingles, asphalt shingles, slate shingles, clay
tile,prefinished pre-stamped metal shingles or other
recognized residential roofing material. Sheet or roll-type
roofing is prohibited.
(D) Multi-Family Residential Colors
(i) Bright colors are prohibited as primary house colors but
may be used for subtle trim accents in amounts not to
exceed 10%of the fa�ade area.
(E) Multi-Family Residential Projections
(i) Attached dwelling units shall have street-facing, individual
entries and porches along the primary street frontage.
Decks and garages shall be located and oriented to the rear
of the structure.
(ii) Front doors shall be a prominent feature on the primary
street fa�ade of the unit.
(iii) Porch handrails of perforated metal, stainless steel cables,
and unfinished metal mesh are prohibited.
(iv) Open porch bases are prohibited. Porch bases shall be
continuously skirted with a painted wood lattice panel,
masonry, concrete or similar material to the primary
building.
(F) Multi-Family Residential Lighting
(i) Floodlights and uplights with bulbs greater than one hundred
(100)watts on residential building fa�ades are prohibited.
Motion-sensored flood lights and security lights shall be
limited to rear door entries, side door entries or garages
only.
(ii) Building and landscape lighting shall be a natural white
color consistent with incandescent,fluorescent,LED or
metal halide lighting. Colored lights are prohibited unless
for appropriate seasonal decoration or interest.
(G) Multi-Family Residential Mechanical Equipment and Utilities
(i) Mechanical equipment shall not be located along primary
and secondary street frontages.
(ii) Rooftop mechanical equipment shall be located in the
center or rear corner of a building, away from the primary
street elevation.
(iii) Roof top mechanical equipment shall be screened by the
roof form. When the roof form cannot hide such
equipment, a solid screen shall be constructed of materials
similar to those of the primary fa�ade.
(iv) Satellite television dishes shall be located so that they are
not visible from the primary street.
(5) Multi-Family Residential Landscaping
(A) Steeply-sloped yards in excess of a slope of 2 to 1 (two foot
horizontal for one foot vertical) shall incorporate a slope retention
element of either a small retaining wall with steps as a transition
to the sidewalk or ground cover/low shrub planting schemes.
(B) When utilized,decorative walls, fences,or hedges shall not exceed
three feet(3') in height along the front and side property lines that
face the streets.
(C) Decorative fences and hedges shall be no greater than five feet(5')in height
along the rear and side property lines that do not face the streets.
(D) For urban townhome development, if front yard fencing is
provided, said fencing shall be of a single,unified fence design for
all units within a project. Individual fencing of individual urban
townhome front yards is prohibited.
(6) Multi-Family Residential Parking and Service Areas
(A) Urban Townhome/Rowhome Residential
(i) Off-street parking for all new urban townhome/rowhomes,
shall be in the form of an enclosed garage located at the
rear of the primary structure.
(11) Garages oriented with garage doors facing an alley shall have a setback
(apron)of not less than 18'from the a11ey,sufficient to accommodate the
parking of an automobile.
(iii) Side-loaded garages accessible from primary or secondary
street frontages are permitted only when legal alley access
to garages is not available.
(iv) Garages that have ingress or egress from the front of the
property or the primary street are prohibited.
(v) Garage setbacks shall include paved and screened locations
for trash cans if trash cans cannot be stored in the garage.
(vi) Garages that have ingess or egress from rear alleys may
incorporate double-car doors.
(vii) No more than one (1) double or two (2) single garage doors�
are permitted to face any street.
(viii) Garages shall incorporate hipped or gabled roof types that
complement the roof type of the primary building. Where
appropriate to the design, dormers may be included.
(ix) Three-car garages are prohibited.
(x) Driveways shall be no more than twelve feet(12') wide at
front property line.
(xi) Circular driveways within the front yard setback are
prohibited.
(xii) Driveways on corner lots shall be located to maximize the
distance from intersections.
(xiii) Driveway curb-cuts shall be placed to maximize the
number of on-street parking spaces.
(B) All Other Multifamily Designs (i.e., non-Urban Townhome/
Rowhome Design)
(i) Off-street parking areas shall be located behind buildings
with access off a secondary street or alley. Visitor parking
shall also be located behind the buildings or at on-street
parking locations.
(ii) Off-street parking areas shall be located at least fifteen feet
(15') from any building fa�ade.
(iii) Off-street parking areas shall be adequately lit and shall
minimize glare on surrounding properties.
(7) Multi-Family Residential Building Addresses
(A) All buildings shall clearly display their address numbers along the
primary street elevation in a conspicuous place on the side of or
above the front door of the building. Address numbers shall be at
least three inches (3") in height.
(B) Address numbers should be a minimum of three inches (3") in
height. Vinyl-applied numbers are prohibited.
(� Commercial/Mixed Use Buildings
All new commercial or mixed-use building construction shall comply with the following
regulations:
(1) CommerciaUMixed Use Buildings Located in the MU-District
(A) All buildings on properties zoned "MU" (Mixed-Use District of the
SBZO) shall include active first-floor commercial space.
(2) Commercial/Mixed Use Building Massing
(A) In areas with buildings developed on abutting lots (including
across the street) the maximum building height shall not be
more than fifteen (15) feet greater than the average of the
maximum height on abutting lots,provided that the maximum
buildin hei ht for a ortion of the buildin ma increase one
g g P g Y
(1) foot for each additional one (1) foot of setback for that
portion of the building. �
(B) Buildings shall be oriented towards the street with main entrances
or windows facing the primary or secondary street frontages.
(C) Buildings sited at irregular or random angles to the street are
prohibited.
(D) Multiple or attached building complexes shall maintain a
consistent street orientation and shall also maintain a parallel or
perpendicular orientation to each other.
(E) Multi-story commercial/mixed-use buildings shall maintain a
minimum commercial fa�ade height for the first floor retail of
fifteen feet(15').
(F) Gaps between buildings that interrupt the streetwall are prohibited
except for pedestrian pathways and service alleys within long
blocks. Such pedestrian pathways and service alleys should link
the primary streets to parking areas and public spaces located
behind buildings, and be no greater than fifteen feet(15') wide.
(G) The fa�ade of any single-story commercial/mixed-use building
shall be at least twenty-two feet(22') in height.
(H) All sides of any free-standing single-user "outlot" retail buildings
shall include four-sided design(i.e.,be designed and detailed with
each fa�ade having the same level with similar materials and
details).
(I) Multi-story mixed-use buildings shall not have a continuous
uninterrupted fa�ade greater than sixty feet(60') in height or
length.
(J) Upper floor residential/office uses are required to provide fa�ade
or roof form articulation along with building fenestration changes
to accentuate the mixed-use character of the building.
(K) Terraces and balconies, if incorporated, shall be designed so as not
to protrude beyond the primary building fa�ade.
(3) Commercial/Mixed Use Building Shapes
(A) Roofs shall be hipped,gabled, or flat with a parapet. Parapets shall
range between three and five feet (3'-5') in height.
(B) Mansard,mock mansard, and barrel roofs as the main roof style
are prohibited.
(C) Eaves shall have a minimum overhang of two feet (2') and a
maximum overhang of three feet(3').
(4) Commercial/Mixed Use Building Setbacks
(A) Off-street parking areas located between the building and street are
prohibited.
(B) The maximum front building setback shall be five feet(5') to
maintain the streetwall.
(C) Corner buildings shall have a maximum setback of five feet (5')
from the primary and secondary street property line to hold or
frame site corners along both street frontages.
(D) Buildings shall have a zero foot(0') side setback from the interior
side property line, except for pedestrian access through the site.
(E) Pedestrian access areas shall not exceed a maximum of fifteen feet
(15')wide.
(F) Pedestrian areas between buildings are prohibited unless necessary
for access to/from off-street parking areas to store entrances.
(5) Commercial/Mixed Use Building Design
(A) Multiple building developments using one overall architectural
theme shall include varied roof forms, fa�ade treatments, sign
bands, and details to create the effect of a traditional neighborhood
retail street which developed over many years.
(B) Building fa�ades shall include design elements (i.e. height of a
wall or cornice or parapet line, window lines,belt courses or other
horizontal design elements)that substantially replicate the pattern
of abutting buildings or sections of the same building.
(C) Mixed-use buildings shall express a clear defined retail base,
middle, and top.
(D) Building architectural details and features include but not be
limited to cornices,belt courses,window bays,variations in wall
plane, and roof features.
(E) Blank or windowless elevations that face primary or secondary
streets are prohibited. Walls which do not included window
glazing or storefront entrances shall be articulated by the provision
of faux windows trimmed with frames, sills, lintels, awnings;
� murals; or similar elements.
(F) Street-facing fa�ades of buildings with fifty(50) feet or more of
horizontal length shall include the use of vertical bays between
twenty-five(25)to thirty(30) feet in width to give the appearance
of small, individual storefronts. Techniques for implementation
include changes in articulation of plane of the building fa�ade such
as vertical bays, columns and reveals. Columns or reveals, if used,
shall not be less than eighteen(18)inches in width.
(G) First-floor retail on a street facing fa�ade shall have a minimum
window surface of sixty percent (60%) and maximum of seventy-
five percent(75%). Upper-floor residential or office shall have a
minimum window surface of twenty-five percent(25%) and
maximum of forty percenf(40%).
(H) Unarticulated, flat front, all glass or metal, Modern Style buildings
are prohibited.
(6) Commercial/Mixed Use Building Fenestration
(A) Window shapes shall be vertically-oriented rectangular, square, or
Palladian.
(B) Round,hexagon, and octagonal shapes shall only used only as
accents.
(C) Solid windowless walls are prohibited unless necessary to the
function of the building. If such walls are necessary to the function
of the building, they shall incorporate arches,piers, columns,
murals,tasteful graphics,planters and/or other elements that
reduce building scale and add visual interest.
(D) Commercial or mixed-use buildings with ground-level retail or
office space shall include clear glass windows to allow views into
building interiors. Opaque or reflective glass is prohibited.
(E) Storefront windows shall be constructed of painted or clad wood or
metal and clear glass.
(F) Solid metal security gates,metal roll-down windows, and link or
grill security devices are prohibited.
(7) Commercial/Mixed Use Building Materials
(A) Unarticulated or finished concrete block and plywood are
prohibited on commercial mixed-use building facades or on walls
that are visible from streets, sidewalks and parking areas.
(B) Stucco,metal, exterior insulation systems (EIFS),unfinished pre-
cast concrete panels and cast-in-place concrete are prohibited as
the primary material used on commercial mixed-use building
facades or walls visible from streets, sidewalks and parking areas.
Up to 10%of facades facing streets, sidewalks or parking areas can
be comprised of one or a combination of these materials.
(C) Decorative block, "renaissance stone," smooth/textured synthetic
plaster and wood trim should may be used only for decorative
accent purposes and shall be limited to 10%of facades facing
streets, sidewalks or parking areas.
(D) Roofs, if sloped, shall be clad in cedar shake wood, fiberglass,
asphalt shingles, tile or real/synthetic slate and shall meet all
standards required by the City building code. Standing seam
finished metal roofing should be used for accent purposes only and
shall be limited to 15%of the roof surface area.
(E) Windows and doors shall be constructed of colored clad wood or
painted metal and clear glass. Mill finish(non-colored) aluminum
door and window frames are prohibited. Anodic coatings, copper,
and brass finishes are acceptable alternates.
(8) Commercial/Mixed Use Building Color
(A) Bright colors are prohibited as primary building colors but may be
used for subtle trim accents in amounts not to exceed 10%of the
fa�ade area.
(9) Commercial/Mixed Use Building Projections
(A) Building entrances shall be visible from the street. Architectural
elements, canopies, and lighting shall help to identify entrances.
(B) Pedestrian pass-throughs, arcades or paseos, and other like
permanent architectural features shall be finished on all their
surfaces with the same quality and types of materials as a building
exterior in compliance with these guidelines.
(C) Retractable and internally lit awnings are prohibited.
(D) A standard clear awning height shall be eight and a half feet(8'6")
above the sidewalk.
(10) Commercial/Mixed Use Mechanical Equipment and Utilities
(A) Mechanical equipment and utilities shall be hidden from view
along all primary and secondary street frontages.
(B) Rooftop mechanical equipment shall be located in the center or
rear corner of a building, away from the primary street elevation.
(C) Rooftop mechanical equipment shall be screened by the roof form
or a solid screen constructed of materials similar to those of the
primary fa�ade. Perforated or louvered screens may be used.
(D) Vents, gutters, downspouts, flashings, electrical conduits, and other
appurtenances shall be painted to match the adjacent surface unless
being used expressly as an accent material.
(E) Window-mounted air conditioners are prohibited. Wall or in-wall
mounted air conditioning condensing equipment is prohibited
facing streets or pedestrian ways.
(11) Commercial/Mixed Use Decorative Fencing
(A) Wood, chain-link, and barbed-wire fencing is prohibited.
(B) Decorative three foot(3')height masonry walls may be used in
conjunction with landscaping to provide screening. Decorative
masonry walls shall incorporate the same or complementary
materials and detailing as adjacent buildings and streetscape.
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(12) Commercial/Mixed Use Outdoor Cafes and Seating Areas
(A) Outdoor cafes and seating areas shall so be located as to maintain a
minimum useable sidewalk width of not less than six feet(6').
(B) Sidewalk cafes shall obtain a seasonal permit from the City of
South Bend.
(13) Commercial/Mixed Use Landscape Guidelines
(A) Parkway Tree Lawn Plantings—All plantings within the parkway
tree lawn shall obtain approval of the South Bend Board of Public
Works.
(14) Commercial/Mixed Use Off-street Parking and Service Areas
(A) Parking and service areas shall be located at the rear of the
building. With the exception of on-street parking,parking and
service areas that front primary and secondary streets are
prohibited.
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(B) Dedicated off-street parking for individual businesses is prohibited,
with the exception of drop-off/pick-up type service businesses,
which may provide one dedicated space per business, during
business hours. Multi-use buildings shall provide shared off-street
parking.
(C) Off-street parking areas for commercial/mixed-use buildings shall
be located at least fifteen feet(15') from all building fa�ades.
(D) Where alleys are used in a commercial/mixed-use area as a means
for access to and from off-street parking areas,the width of such
alleys shall be at least eighteen feet(18') wide.
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(E) Where applicable, curb-cuts should be placed to maximize the
number of on-street(curb)parking spaces.
(g) Signs
Any new sign shall comply with the following regulations:
(1) Single Family Residential
Single Family Residential uses shall be permitted signs in compliance with
the provisions of Section 21-07.03 (c) On-Premise Signs: SF1, SF2, MF1
and MF2 Districts of the SBZO applicable to the single family dwellings
or single family platted subdivisions.
(2) . Multi-Family Residential
Multi-family residential uses shall be permitted freestanding identification
signs in compliance with the provisions of Section 21-07.03 (c) On-
Premise Signs: SF1, SF2, MF1 and MF2 Districts ofthe SBZO applicable
to the multifamily dwelling uses provided that:
(A) the maximum height of a freestanding identification sign may be
up to eight(8) feet above grade; and
(B) there shall be no minimum setback for such freestanding
identification sign provided such signs shall not encroach into any
public right-of-way or clear sign area regulated by Section 21-
01.01 (t)—Clear Sight Area Requirements of the SBZO.
(3) Commercial/Mixed-Use
Commercial/Mixed-Use buildings shall be permitted signs in compliance
with the provisions of Section 21-07.03 (e) On-Premise Signs: MU &
CBD Districts of the SBZO applicable to the MU District provided that:
(A) Building identification signs shall be limited to one(1) sign per
building being either: a parapet mounted wall sign not to exceed
forty(40) square feet in area; or, a grand projecting sign not to
exceed (80) square feet in area.
(B) In addition, each tenant/use within a building shall be allowed one
(1)business identification sign per frontage of the tenant/use
limited to either: a fascia mounted lower level wall sign not to
exceed twelve(12) square feet in area per sign; or, a blade sign not
to exceed twelve(12) square feet in area per sign.
Section IL
Chapter 21 of the City of South Bend Municipal Code, as amended, is further amended
and supplemented by applying the NNZO Overlay District to the following described
property:
Beginning at the intersection of the centerlines Hill Street and LaSalle Avenue;thence East along
said centerline of LaSalle Avenue to the West right-of-way line of Frances Street;thence South
along said West right-of-way line to the North right-of-way line of the First East-West alley
South of LaSalle Street;thence West along said North right-of-way line to the West right-of-way
line of the First North-South alley West of Frances and its projection North;thence South along
said West right-of-way line and its projection to the centerline of Colfax Street;thence East along
said centerline to the centerline of Eddy Street;thence North along said centerline to the
centerline of LaSalle Street;thence East along said centerline to the centerline of Sunnyside
Avenue;thence North along said centerline to the centerline of Rockne Drive;thence
Northeasterly along said centerline to the East right-of-way line of Twyckenham Drive;thence
North along said East right-of-way line to the Southwest corner of Lot 38 in Wooded Estates as
shown in the Office of the Recorder of St.Joseph County,Indiana;thence Northeasterly along the
Southeast lines of Lots 38,37 and 36 to the Southwesterly right-of-way line of White Oak Drive;
thence Northeasterly to the Southwesterly corner of Lot 35 in said Wooded Estates; thence
Northeasterly along the Southeasterly lines of Lots 35,34, 33,32,31 and 30 in said Wooded
Estates to the Westerly right-of-way line of Black Oak Drive;thence Northeasterly to the
Northwest corner of Lot 48 in said Wooded Estates; thence East along the North line of Lots 48,
51, 52,53 and 54 to the centerline of Oak Ridge Drive;thence Northerly along said centerline to
the centerline of Edison Road; thence West to the East line of Lot 5 Vacval and Davidson
Subdivision projected South;thence North along said East line and its projection to the Northeast
corner of said Lot 5;thence West to the East property line of a parcel of land owned by the
Patrick Simeri Revocable Trust(Tax Key#024-1008-0618);thence North to the Northeast corner
of said Simeri parcel;thence West along the North line of said Simeri parcel to the Northwest
corner of said Simeri parcel;thence South along the West line of said Simeri parcel to a point
208.71 feet North of the South line of the Southeast Quarter of Section 31,Township 38 North,
Range 3 East, St.Joseph County,Indiana;thence West parallel with said South line,a distance of
208.71 feet;thence North to the Northeast corner of the Jamison Inn Condominium; thence West
along the North line of said Jamison Inn Condominium to the centerline of Ivy Road;thence
South along said centerline of Ivy Road to the North right-of-way line of Edison Road;thence
Westerly, Southwesterly and Westerly along said North right of—way line of Edison Road and
changing to Angela Boulevard to the Southwest corner of a parcel of land having Tax Key
Number 18-5123-4392.02 in records of the St.Joseph County Auditor's Office;thence North
along the West property line of said Tax Key Number 18-5123-4392.02 to the centerline of the
now vacated Angela Boulevard; thence Southwesterly along said centerline of the now vacated
Angela Boulevard to the centerline of Notre Dame Avenue;thence West along the centerline of
Angela Boulevard to the West line of Lot 95 University Heights as shown in the Office of the
Recorder of St.Joseph County,Indiana projected North;thence South along the West lines of
Lots 95,94,93, 92,33 and 32 to the Southwest corner of said Lot 32;thence West along the
North lines of Lots 29 thru 6 in University Heights to the centerline of Lawrence Street;thence
South along said centerline to the centerline of Napoleon Street;thence West along said
centerline to the centerline of Niles Avenue;thence Southeasterly along said centerline to the
centerline of Corby Street;thence East along said centerline to the first North-South alley West of
Hill Street;thence South along the centerline of said alley and said alley extended to the
centerline of Crescent Avenue;thence Northeasterly along said centerline to the centerline of Hill
Street: thence South along the centerline of Hill Street to the place of beginning containing
594.61 acres more or less.
Section III.
This Ordinance shall be in full force and effect from and after its passage by the Common
Council and approval by the Mayor.
' a
Member of the ommon ouncil
Atte .
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�`City erk �
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Presented by me to the Mayor of the City of South Bend, Indiana on the L 3�
da of
-- � , 2011, at ��J o'clock_�._m.
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City Cl � ��:�
Approved and signed by me on the `�� � day of u-if- ,
2011, at �=�� o'clock � . m.
�,r. �"`_ /�--
Mayor of the of South Bend, Indiana
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Filed tr� ������,� �����
1 st READING 3-�Y-�'' `�f _` IQ(�i� �? � �L�I
PUBLIC HEAR(NG �'—LL--I� C�,S ,`�I'7�-'h�J�'9�
3 rd READING � JQ�� ��,�����
NOT APPRO.VFD p LL—U �iS su.����sff C17YCLEI�wt���;��.}7';�����,tN
REFERRED
PASSED g'—u._.c\ �c.S .1'c.c.�ar'�-��Q.�
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
10-11 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21:
ZONING ORDINANCE OF THE CITY OF SOUTH BEND
MUNICIPAL CODE, AS AMENDED, AMENDING ARTICLE
6, OVERLAY AND SPECIAL USE DISTRICTS BY ADDING
A NEW SECTION 21-06.03, NORTHEAST
NEIGHBORHOOD DEVELOPMENT AREA OVERLAY
ZONING DISTRICT; AND AMENDING THE ZONING MAP
OF THE CITY OF SOUTH BEND TO APPLY THE NEW
OVERLAY DISTRICT TO AN AREA GENERALLY KNOWN
AS NORTHEAST NEIGHBORHOOD DEVELOPMENT
AREA
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 as substituted and after being sent back to the Area Plan
Commission with amendments to be approved.
This bill was heard by the Zoning and Annexation Committee.
Timothy Rouse
Chairperson, Committee of the Whole