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Home My WebLink About9653-06 Vacation - Alley - Corby St Peter Sorin's Kelly's Sub.ORDINANCE No. 9653-06 Passed by the Common Council of the City of South Bend, Indiana February 27, Attest: 20 06 Attest: ~~' _ _ ~~ ~ ` Presented by me to the Mayor of the City of South Bend, Indiana February 28, 06 20 City Clerk President of Common Council Ciry Clerk Approved and signed by me March 3 , 20 0 6 ~/ !( //~ Mme' Ordinance No. ~ ,O 53 -0 ~O AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 2, RESIDENTIAL DISTRICTS, TO ALLOW TEMPORARY SALE5 OFFICES FOR RESIDENTIAL SUBDIVISIONS; TO ADD USES TO THE MF1 URBAN CORRIDOR MULTIFAMILY, MFZ HIGH DENSITY RESIDENTIAL, MU MIXED USE, LB LOCAL BUSINESS; CB COMMUNITY BUSINESS, CBD CENTRAL BUSINESS DISTRICT, GB GENERAL BUSINESS, LI LIGHT INDUSTRIAL AND GI GENERAL INDUSTRIAL DISTRICTS; CLARIFY FENCING REGULATIONS IN THE U UNIVERSITY DISTRICT; CLARIFY LANDSCAPING REQUIREMENTS; AND MODIFY THE DEFINITION OF SPECIAL EVENTS 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 in May 2004. Now that the ordinance has been in use it has been determined that certain changes aze necessary to clarify various sections of the ordinance to make the ordinance easier to use by both the public and staff. 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 2 Residential Districts, Section 21-02.03 MF1 Urban Corridor Multifamily is hereby amended as follows: (a) Permitted Uses. (1) Primary Uses. ~I) Assisted Living Faciliy. (J) Nursin • Hg_ ome. (2) Special Exception Uses. (F) Residential: Including but not limited to: "~~~~*°'' T ~~~~^R ~°^~'~*~r; Group Home; Group Residences; r~~ Single Family Dwelling Section II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential Districts, Section 21-02.04 MF2 High-Density Multi-family District is hereby amended as follows: (a) Permitted Uses. (1) Primary Uses. (H) Assisted Living Facility. (I) Nursing Home. (2) Special Exception Uses (F) Residential: Including but not limited to: "~°~~*°a T ~•~~~^ ~°^~'~~~; Group Home; Group Residences; ;Single Family and Two Family Dwellings (located on an individual Lot and not as part of a larger multifamily project -see Section 21-02.04, (b) (16) for applicable development standards. (b) Development Standards (16 Development Standards for Single Family and Two Family Dwellings. Notwithstanding anything in this MF2 District to the contrary, a freestanding single family and two family dwelling which is located on an individual lot and which as not as part of a larger multifamily project shall be subject to the applicable development standards of the SF2 District, provided the minimum lot area shall be 4,000 square feet and the minimum lot width shall be 40 feet. Since family and Two family dwellings which are interspersed with and located as part of a larger multifamily project shall comply with all the development standards specified in this Section 21-02.04, (b> -Development Standards. Section III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential Districts, Section 21-02.11 General Regulations for Residential Districts is hereby amended as follows: (b) Temporary Uses, Buildings and Structures (2) Permitted Temporary Uses, Buildings and Structures. (A) Permitted Temporary Uses: Including but not limited to: Construction trailers; Sales offices in Qortions of model homes; Temporary Signs (See Section 21-07.03 for additional regulations); Garage Sales. (B) Special Exception Temporary Uses: Including but not limited to: Sales Office= r°~ freestanding ; Temporary Living Quarters. 2 Section IV, Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial / Mixed Use Districts, Section 21-03.02 MU Mixed Use District is hereby amended as follows: (a) Permitted Uses. (1) Primary Uses. (H) Public Facilities: Including but not limited to: Community Center; Funeral Home; Mortuary; Neighborhood Recycling Collection Point; Public or Private Park -Active or Passive; Religious Use. (2) Special Exception Uses. (D) Public Facilities: Including but not limited to: Cemetery -with or without Crematory, Funeral Home, Mausoleum or Mortuary; Parking Garage; Parking Lot -Commercial; D,•~,':^ ^~ D^,.^*° n^..' ~. (b) Development Standards. (12) (B) Outdoor display or sales of merchandise: vii. merchandise displaXed or sold shall be merchandise normally found within the on-premise business. Section V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial / Mixed Use Districts, Section 21-03.04 LB Local Business District is hereby amended as follows: (a) Permitted Uses. (1) Primary Uses. (H) Public Facilities: Including but not limited to: Community Center; Funeral Home; Mortuary; Neighborhood Recycling Collection Point; Parking Garage; Parking Lot -Commercial Public or Private Park - Active or Passive; Religious Use. (b) Development Standards. (12) (B) Outdoor display or sales of merchandise: vi. merchandise disnlayed or sold shall be merchandise normally found within the on-premise business. Section VI. 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. (2) Special Exception Uses. (B) Miscellaneous: Including but not limited to: Bus, taxi, or limousine terminal, without repair; Casinos, Approved Hotels and other areas where gambling games are conducted *; Kennels (with outdoor runs); Motel; Off-Track Pari-mutuel Wagering Facility *; Radio / Television Stations (with transmission towers). (E) Recreation: Any outdoor recreation facility including but not limited to: Arcade; Amusement Center; Amusement Park; Country Club; Fairgrounds; Golf Course; Golf Driving Range; Miniature Golf - outdoor; Skate Board Park; Skating Rink (ice or roller) -outdoor; Tennis /Racquet Club -outdoor; Theater -outdoor; Swimming Pool -private or public. Section VII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial / Mixed Use Districts, Section 21-03.06 CBD Central Business District is hereby amended as follows: (a) Permitted Uses. (1) Primary Uses. (E) Miscellaneous: Including but not limited to: Bed & Breakfast; Bus ~tatien Bus, taxi, or limousine terminal, without repair ; Clinic (medical, dental or optometrists); Conference Center; Cottage Business /Residential; Electrical /Electronics Repair; Hospital; Hotel; Laboratories; Print Shop; Publishing; Radio / TV Stations (provided any antenna shall comply with the regulations for Communication /Utilities); Video Production Studios. Section VIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial / Mixed Use Districts, Section 21-03.7 GB General Business District is hereby amended as follows: (a) Permitted Uses. (1) Primary Uses. (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-warehouses; Sign Painting; Radio / Television Stations (without transmission towers); Radio /Television Stations (with transmission towers); Roadside Food Sales; Tool and Equipment Rental; Veterinary Hospital (without boazding); Veterinary Hospital (including boazding). (G) Public Facilities: Including, but not limited to: Neighborhood Recycling Collection Point; Recycling Facility; Parking Garage; Pazking~Lot -Commercial. (H) Recreation: Including but not limited to: Amusement Arcade *; ^ m•~~°~°^* D°-~'~; Billiard Hall *; Miniature Golf -indoor; Miniature Golf -outdoor; Public Dance Hall *; Skating Rink (ice or roller) -indoor; Skating Rink (ice or roller) -outdoor; Swimming Pool -indoor, private or public; Tennis /Racquet Club -indoor; Tennis /Racquet Club -outdoor; Theater -indoor; Theater - outdoor. (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; Tattoo, Body Piercing, Scarifying and Branding Establishments *. (E) Recreation: Including but not limited to: Amusement Center; Amusement Park; Arena; Country Club; Fairgrounds; Golf Course; Golf Driving Range; Stadium; Swimming Pool -private or public. Section IX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial / Mixed Use Districts, Section 21-03.11 General Regulations for Commercial /Mixed Use Districts is hereby amended as follows: (a) (3) (B) 1. et,.,n ~ + ° °°,a ~ ~ i~~ ro°+ ;,, w°;~,t,. „~.,,,,° ,.,.,,a„ ;,, ., .. ;..°~_~.~,Hr~ fences located in a minimum ont vard or in the buildable area of a lot located between the front line of the primary building and the minimum ont vard shall not exceed: a. thirty-six (36) inches in height above grade, if the open space percentage of the fence is equal to or less than seventy (70Zpercent; or, b. forty-eight (48} inches in height above grade if the open space percentage of the fence is greater than seventy (70~percent. ii. sShall not exceed ten~9) ei ht 8 feet in height above grade in a required side yard or a required rear yard; Section X. 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. (H) Public Facilities: Including but not limited to: Airport -Public (including Heliports); Neighborhood Recycling Collection Point Parkin~-~Garage; Parking Lot -Commercial. 5 Section XI. 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. (J) Public Facilities: Including but not limited to: Airport -Public (including Heliports); Neighborhood Recycling Collection Point Parkin Garage; Parking Lot -Commercial. Section XII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6, Overlay and Special Use Districts, Section 21-06.02 University District, is hereby amended by adding the following section: (b) Development Standards. X11) Fencing -See Section 21-03.11(B) General Regulations for Commercial / Mixed Use Districts regarding construction offences. Section XIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 General Regulations, Section 21-07.01 Landscape Regulations, is hereby amended as follows: (b) Landscaping of Required Perimeter Yards and Residential Bufferyards. NOTE FOR CODIFIER TO BE PLACED PRIOR TO (c) FOUNDATION LANDSCAPING ~3) Landscapin og f Required Residential Bu~eryards for permitted non- residential uses in the SF1 Single and Two Family Residential District, SF 2 Single and Two Family Residential District, MF1 Urban Corridor Multifamily District and the MF2 High-Density Multifamily District. Landscanin~ required in anv portion of a front residential buffervard, side residential buf~eryard or rear residential bu~eryard located which is not occupied by improvements permitted in sub-Section "Use of Minimum Yards and Residential Buffervards" in the annlicable district, shall consist of Tvne A: Open. Section XIV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11, Definitions, is hereby amended as follows: Special Event: Any of the following occurrences: commencement of construction; fairs, carnivals, circus or festivals; °'°, grand openings; iIndependence dDay; Labor dDay; listing of properties for sale or lease; mMemorial dDay; posting of notices at the direction of a governmental agency; pgresidents dDay; Veterans dDay; or other occurrence officially recognized by the Board of Public Works as a special event for the City of South Bend. Section XV. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ~' n . Member of the Co n Council Attest C erk Presented by me to the Mayor of the City of South Bend, Indiana on the_~_day of ~ ~~, ,200, at L'~ ~ `L .~ o'clock~._m. G City Clerk' 1~''''` Ayproved and signed by me on the r~ day of ~ ~~ , 200', at /Z : ~.~ o'clock ~. m. Mayor of the C of South Bend, Indiana 1st READWG V ~-0s ..~;,~~~J~'`''"~'~ ~s ~ PUBLIC FiEAP.ING ~-'L?'`fib Z Su~,,,s~'~~x ~~s ,,~ 3 rd P.EADiNG 2~Z~ ~S° ~~ NOT APPROVED REFERRED ~ - P~ ~ ~ _~S'~' PASSED Z~-Z~_o~ 2.`"J- S,i.~s ~a,.?~u~~. ~ s Q.~r~?.21` Filed In Clerk's Office FEB ~ 2 2006 ~ JOHN yS~ gf,ND, tN. CITY GLERK, City of South ]fiend Common Council 441 County-City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Timothy A. Rouse President February 22, 2006 Roland Kelly The South Bend Common Council Vice-President 4`" Floor County-City Building South Bend Indiana 46601 Karen L. White ' Chairperson, Committe of the Whole eRe: 2d Substitute Bill No. 47-05-Zoning Text Amendments (574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www ci.south-bend.in.us Derek D. Dieter Dear Council Members: First District At the last Zoning and Annexation Committee meeting where we continued Charlotte D. Pfeifer discussions on Substitute Bill No. 47-OS which is the proposed text amendment Second District ordinance to Chapter 21 of the South Bend Municipal Code, there appeared to be Roland Kelly a consensus to separate out the parking and signage requirements for further study Third District and discussion. Ann Puzzello I have therefore asked the Area Plan Staff to draft a 2d Substitute Bill No. 47-05. Fourth District Mr. John Byorni, Executive Director of Area Plan has been working very closely with us and delivered the 2d Substitute Bill No. 47-OS this morning which I am David Varner attaching. It deletes the proposed parking and signage requirements, so that we Fifth District may go forward on the remainder of the ordinance. You will note that at that Committee meeting, Building Commissioner Don Fozo noted that he is anxious to Ervin Kuspa move ahead with the other requirements in light of several significant projects. Sixth District There appeared to be no major concerns from the Council on the items which Al "Buddy' Kirsics remain in the attached version. At Large It is my understanding the if the Common Council would pass 2d Substitute Bill Timothy A. Rouse No. 47-OS that it would then be returned to the Area Plan Commission pursuant to At Large the provisions of Indiana Code § 36-7-4-607(f)(4), along with this written statement setting forth the reasons for the amendment. Karen L. White At Large ~ light of the continuing concerns which several Council Members have Kathleen Cekanski-Farra~C~pressed on several occasions with regard to enforcement of the parking Council Attorney regulations, city-wide concerns in areas where there is already limited parking, possible equal protection concerns regarding signage requirements, and related concerns, the Council believes that more research, study and discussion must take place. It is anticipated that a separate text amendment ordinance would be initiated on those items at a later time. Mr. Byorni and his staff will be at Monday's Zoning and Annexation Committee meeting when 2d Substitute Bill No. 47-OS will again be reviewed and discussed. The Committee will then be taking action to send an advisory recommendation at that time to the Common Council. Thank you for your continuing input. Sincerely, Council Member Ervin Kuspa, Chairperson Zoning and Annexation Committee Attachment cc: John Byorni, Area Plan Executive Director Don Fozo, Building Commissioner • d to ~•~~r~'~ o~~ice f~t~ ~~~ 2 2 2G0~ yoo;,ce aot;N ~o aEr;o,+N• TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 47-05 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 2, RESIDENTIAL DISTRICTS, TO ALLOW TEMPORARY SALES OFFICES FOR RESIDENTIAL SUBDIVISIONS; TO ADD USES TO THE MFl URBAN CORIDOR MULTIFAMILY, MF2 HIGH DENSITY RESIDENTIAL, MU MIXED USE, LB LOCAL BUSINESS; CB COMMUNITY BUSINESS, CBD CENTRAL BUSINESS DISTRICT, GB GENERAL BUSINESS, LI LIGHT INDUSTRIAL AND GI GENERAL INDUSTRIAL DISTRICTS; CLARIFY FENCING REGULATIONS IN THE U UNIVERSITY DISTRICT; CLARIFY LANDSCAPING REQUIREMETNS; MODIFY THE DEFINITION OF SPECIAL EVENTS; AND CLARIFY THE DISPLAY OF POLITICAL SIGNS 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 2"d substituted and amended title change, political signs taken out and parking on lawns taken out. Karen L. White Chairman