HomeMy WebLinkAbout10115-11 Amend Code Chapter 21 Section 21-04.11 Non Conforming Uses ORDINAI�CE No . 10115-11
Passed by the Common Council of the City of South Bend, Indiana
September 12, 20 11
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Attest: ��--� City Clerk
JOH VO DE
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
September 13, 2� 11
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--� City Clerk
JOH VOO E
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Approved and signed by me S e p t e m b e r 13, 20 11
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 1 BASIC PROVISIONS, SECTION 21-01-03 NON-CONFORMING LOTS,
USES,BUILDINGS, STRUCTURES OR SIGNS; AND ARTICLE 4 INDUSTRIAL
DISTRICTS, SECTION 21-04.11 GENERAL REGULATIONS FOR INDUSTRIAL
DISTRICTS.
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. One of the intents of the zoning
ordinance is to protect legally established nonconforming single-family residences. Accessory
structures for these legally established nonconforming single-family homes are allowed in
CommerciaUMixed Use Districts but not the Industrial Districts. Further, recent changes in
Section 21-01-03 approved by Ordinance# 10094-11, caused citation conflicts in sub-sections (�,
(i), and(k). It is the purpose and intent of this Ordinance to allow accessory structures in industrial
districts, and correct scrivener's errors.
NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana,
as follows:
Section I. Chapter 21,Zoning, of the South Bend Municipal Code, Article 1, Section 21-01-03
� Non-Conforming Lots, Uses, Buildings, Structures or Signs, is hereby amended as follows:
(� (2) should such legally established nonconforming building or structure, or legally established
nonconforming portion of a building or structure, be damaged or destroyed by any means
to the extent that restoration will exceed fifty(50) percent of the cost of construction of the
entire building or structure at the time the damage or destruction is reported, as determined
pursuant to Section 21-01.03,F�l�11—Determination of Cost of Construction, below, said
buildin'g or structure shall not be reconstructed except in conformity with the provisions of
this Ordinance; and
(i) If any legally established nonconforming use is located within a legally established
nonconformi.ng building or structure and such legally established nonconforming building
or structure is damaged or destroyed by any means to the extent that restoration will exceed
fifty(50)percent of the cost of construction of the entire building or structure at the time
the damage or destruction is reported, as determined pursuant to Section 21-01.03.{�?(11—
Determination of Cost of Construction, below, the legally established nonconforming use
previously being conducted in such legally established nonconforming building or
structure shall be extinguished and no longer permitted.
(k) (2) (D) if a legally established nonconforming sign is damaged or destroyed by any means
to the extent that the repair or reconstruction of the sign exceeds fifty(50)percent
of the cost of construction of the entire sign, determined pursuant to Section 21-
01.03.(��LDetermination of Cost of Construction, below, said legally
established nonconforming sign shall not be reconstructed except in conformity
with the provisions of this Ordinance;
(k) (2) (E) if the cost of normal and routine repair and maintenance of a legally established
nonconforming sign exceeds fifty(50) percent of the cost of construction of the
entire sign, determined pursuant to Section 21-01.03���—Determination of
Cost of Construction, below, said legally established nonconforming sign shall not
be repaired, maintained or reconstructed except in conformity with the provisions of
this Ordinance; and,
(k) (3) (A) The purpose of the regulations contained in this Section 21-01.03 F� kl�(3)—
Amortization of Nonconforming Off-Premise Signs are intended to implement the
intent set forth above.
(k) (3) (D) iii. a. comply with the conditions listed in Section . , , , ., '. 21-01-
03 (k) (3) (D) i., above;
(k) (3) (D) iii. b. comply with the conditions listed in Section . , , , ., '. 21-01-
03 (k) (3) (D) ii., above, or,
(k) (3) (I) Maintenance of Legally Established Nonconforming Off-Premise Signs
' Legally established nonconforming off-premise signs shall be subject to the
rovisions of sub-Section 21-01.03 ' k 2 above re ardin maintenance.
P {fi��� ) , g g
Section II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 1, Section 21-01-03
Non-Conforming Lots, Uses, Buildings, Structures or Signs, is hereby amended by deleting in its
entirety sub-section(g) Discontinuation of Legally Established Nonconforming Uses of Land, and
replacing it with a new subsection(g), as follows:
(g) Legally Established Nonconforming Uses of Land
Where legally established nonconforming uses of land exist on the effective date of this
Ordinance which would not be permitted by the provisions of this Ordinance, such uses
may be continued so long as they remain otherwise lawful provided that:
(1) such legally established nonconforming uses shall not be enlarged, expanded,
increased or extended to occupy a greater area of land than was occupied on the
effective date of this Ordinance;
(2) such legally established nonconforming uses shall not be moved in whole or in part
to any portion of the lot or parcel other than that occupied by such uses on the
effective date of this Ordinance;
(3) no additional building or structure shall be erected in connection with such legally
established nonconforming use of land; and,
(4) a legally established nonconforming use may be changed to a less intense use
permitted within the same district grouping pursuant to Section 21-01.02 (b�
Order of Districts (i.e., from one use permitted in the various districts of
Section 21-03 Commercial/Mixed Use Districts to a less intense use listed within
the various districts of Section 21-03 Commercial/Mixed Use Districts; but not
from a use listed in one of the various districts of Section 21-03 Commercial/
Mixed Use Districts to a use listed in one of the various districts of Section 21-02
Residential Districts), provided all other regulations of this Section are complied
with.
� Section III. Chapter 21, Zoning, of the South Bend Municipal Code, Article l, Section 21-01-03
Non-Conforming Lots, Uses, Buildings, Structures or Signs, is hereby amended by deleting in its
entirety sub-section(h) Discontinuation of Legally Established Nonconforming Uses of Land, and
replacing it with a new subsection(h), as follows:
(h) Discontinuation of Legally Established Nonconforming Uses of Land
(1) If any legally established nonconforming use of land, other than a single family
residence, is:
(A) abandoned for any period of time; or,
(B) discontinued or otherwise vacant for more than twelve(12) consecutive months
(except when a probate related court order or government action impedes access
to the premises),
then any subsequent use of such land shall conform to the provisions of this Ordinance.
(2) Any violation of this subsection shall result in enforcement proceedings under
Section 21-10 of this Ordinance.
Section IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4, Industrial Districts,
Section 21-04.11 General Regulations for Industrial Districts, is hereby amended by adding a new
sub-section(a) (3) (A), and re-lettering the existing sub-sections (a) (3) (A) through (G), as
follows:
(a) (3)
(A) Residential Uses—Accessorv uses buildings or structures provided for any le a�11X
established residential uses located in any Industrial district shall complv with the
provisions of Section 21-02.11 (a�(3)—Additional Development Standards for
Accessory Uses. Buildings or Structures in any Residential District
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Section V. This Ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
Member o the Common Council
Attes
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Presented by me to the Mayor of the City of South Bend, Indiana on the [ � day of
� � , 201 l, at E��- �J o'clock�._m.
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City lerk t ��
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Approved and signed by me on the �,� day of � (s-� , 2011, at
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Mayor of the ' of South Bend, Indiana
Filed in ���r��,� �����
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PUBLIC HEARIt�G�"��`�
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NOT. APPROVED °���� ��'����
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TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
47-11 A BILL OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF
THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1 BASIC
PROVISIONS, SECTION 21-01-03 NON-CONFORMING
LOTS, USES, BUILDINGS, STRUCTURES OR SIGNS;
AND ARTICLE 4 INDUSTRIAL DISTRICTS, SECTION 21-
04.11 GENERAL REGULATIONS FOR INDUSTRIAL
DISTRICTS
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.
This bill was heard by the Zoning and Annexation Committee.
Timothy Rouse
Chairperson, Committee of the Whole
��0 ' JOHN W. BYORNI
EXECUTlVE DIRECTOR
LARRY MAGLIOZZI
{.7EPUTY C?IRECTOft
AREA PLAN COMMISSiON C�F ST. jOSEPH COUNTY, IN
227 W.jEFFEIiSON BLVD. ROOM I t40 COiJNTY-CITY BLDG. SC3UTFi BE3VD,INDIANA 46601 (574)235-957i
June 29, 2011
Derek Dieter, President
City of 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 the South Bend Zoning
Ordinance, Making Certain Corrections to the NonConformance Section, and
Adding a New Section Allowing for Accessory Residential Structures in Industrial
Zones
Dear Mr. Dieter:
Attached is a proposed ordinance that was initiated by the Area Plan Commission. The
purpose of this ordinance is to correct a number of scriveners errors in the recently
adopted Ordinance#10094-11, and to include the ability for residential structures that are
� non-conforming in industrial districts, to add andlor expand accessory structures to the
same development standards as is allowed in residential districts.
Please place this item on the JulyL$;2011 Council agenda for First Reading. The Area
Plan Commission will hear this ordinance on July 19, 2011.
If you have any questions, please feel free to contact me.
Sincerely,
� � .w.
�llll W. Dy� � � �iled in C�erk�� ���iy:`�?s�,
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SERVING:ST.JOSEPH COUtVTY.SC?UTH BEEVD,�AKEVI�LE.NEW CARLISLE,NORTH LIBERTY,OSGEOLA&ROSELANCS
� ' �www.stjosephcountyindiana.com/Areaplan �
�"' JOHN W. BYORN!
EXECL1TiVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY L711tECTOR
AREA PLAN COMMiSS10N OF ST. JO5EPH COUNTY, tN
227 W.JEFFERSON BWD. ROOM I 14Q COUNTY-CITY BLDG. SOUTH BEND.IN1�4ANA 4660 i (574)235-9571
August 17,2011
The Honorable Council of the City of
South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed Ordinance initiated by the Area Plan Commission, amending Chapter 21 of the
South Bend Municipal Code, Article 1 Basic Provisions, Section 21-01-03 Non-
Conforming Lots,Uses, Buildings, Structures or Signs; and Article 4 Industrial Districts,
Section 21-04.11 General Regulations for Industrial Districts, City of South Bend. -APC#
2601-11
Dear Council Members:
I hereby Certify that the above referenced ordinance of was legally advertised on Thursday,
August 4, 2011 and that the Area Plan Commission at its public hearing on Tuesday,August 16,
2011 took the following action:
Upon a motion by Robert Hawley, being seconded by Phil Sutton and unanimously
' carried, the proposed Ordinance initiated by the Area Plan Commission, amending
Chapter 21 of the South Bend Municipal Code,Article 1 Basic Provisions, Section
21-01-03 Non-Conforming Lots, Uses, Buildings, Structures or Signs; and Article 4
Industrial Districts, Section 21-04.11 General Regulations for Industrial Districts,
City of South Bend. is sent to the Common Council with a favorable
recommendation.These amendments will correct prior scrivener's errors in
Ordinance 10094-11, and allow for residential accessory structures located in
Industrial zoned districts.
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.
Sincerely,
w.
ohn W. Byorni
JWB:jsc
Attaehment
SERVING:ST.)OSEPH COUNTY.SOUTH BEfVD,LAKEVILLE,NEW CARLISIE,NORTH LIBERTY.OSGEOLA&R05ELANCY
� � �wwwstjosephco�ntyindiana.com/Areaplan � -
Staff Report
APC# 2601-11
Owner: APC Initiated
Location: Text Amendment
Jurisdiction: City of South Bend
Requested Action:
The requested action is a text change, amending Chapter 21 of the South Bend Municipal Code,
Article 1 Basic Provisions, Section 21-01-03 Non-Conforming Lots, Uses, Buildings, Structures
or Signs; and Article 4 Industrial Districts, Section 21-04.11 General Regulations for Industrial
Districts,City of South Bend.
Additional information:
Section I of the proposed ordinance will correct scrivener's errors within Ordinance#10094-11, in
Section 21-01.03, sub-sections(�,(i), and(k).
Section II replaces sub-section(g)within Section 21-01.03,which was inadvertently removed in
Ordinance#10094-11.
Section III inserts a revised sub-section(h), as originally intended in Ordinance#10094-1 l.
Section IV adds a new sub-section allowing accessory structures for legally established
nonconforming single-family homes in Industrial Districts. A similar provision already exists in
the Commercial Districts.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the
amendments to the City of South Bend Zoning Ordinance be forwarded to the City of South Bend
Common Council with a favorable recommendation.
Analysis:
These amendments will correct prior scrivener's errors in Ordinance 10094-11, and allow for
residential accessory structures located in Industrial zoned districts.
#2601-11
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