HomeMy WebLinkAbout10609-18 Amending Chapter 21, Article 14 of the South Bend Municipal Code ORDINANCE No . 10609-18
Passed by the Common Council of the City of South Bend, Indiana
September 24, 2018
Attest, City Clerk
areemah N. ow
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
September 24, 18
20
City Clerk
Kar emah N. Fowler
Approved and signed by me Y- 20
Mayor
SUBTITUTE BILL NO. 37-18
ORDINANCE NO. 10609-18
AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION OF ST.
JOSEPH COUNTY,INDIANA AMENDING CHAPTER 21 OF THE SOUTH BEND
MUNICIPAL CODE, ARTICLE 14 SUBDIVISIONS TO DELETE FLOODPLAIN
DEFINITIONS THAT HAVE BEEN UPDATED IN THE ZONING ORDINANCE,
DELETE STREET AND ALLEY STANDARDS THAT DUPLICATE BOARD OF
PUBLIC WORKS STANDARDS,AND DELETE CERTAIN LOT DESIGN
STANDARDS THAT DUPLICATE LOT SIZE STANDARDS IN THE ZONING
ORDINANCE
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend, Indiana, adopted a new subdivision
ordinance that went into effect on May 7, 2004. The subdivision ordinance contains several
standards that are now redundant or conflicting with City standards found elsewhere in the
zoning ordinance or other City regulations. On December 1, 2015, the zoning ordinance's
Floodplain Regulations (Section 21-12)was replaced in its entirety, including revised
definitions for floodplain-related terms. The subdivision ordinance's street design standards
replicate rules found in the recently adopted Construction Standards & Specifications of the
Board of Public Works. The subdivision ordinance included lot standards that are established
in other sub-sections of the zoning ordinance.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION 1. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14
Subdivisions, Section 21-14.02 (a)Definitions, is hereby amended as follows:
(18)
Reserved.
banks.(19) Flood or-floodwater-means the watef of any fiver-or str-eaffl whieh is abe
banks and/or-eutside its ehannels and Reserved.
dikes,(20) Flood hazafd area meatis that peftien ef afleedplain whieh is fiet adequately
°ply' r rS,Vl V llllil works
l l\J
Reserved.
(21)
flooded,may her-eaftef be and rwiii uila.c
Administration and/of the Na ufal rReseufees Germrirssrvrr. Reserved.
(39)
Tnsu, ._ A a.-,.;.-;� tie n. Reserved.
SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14
Subdivisions, Section 21-14.03 (b) Street requirements, is hereby amended as follows:
(2) — Aliner streets shall be laid e ,+ s. that their-use by thfaugh e will�o
diseexraged:
(3) (2) Where a subdivision borders on or contains an existing or proposed
street as shown in the Land Use and Transportation Plan, the Commission
may require a marginal access street,or double frontage with screen
planting contained in a nonaccess reservation, whieh shall have ° minim at
least width ef ten(10) feet wide along the rear-„ropeft y 1 , access via the side
or rear of the lot, or such other treatment as may be adequate f-ef pr-eteefiefi ef
residential properties .,n to aff- r- s +;°n of thfough and 1.,ea +Taff;..
(4}
Q
( 10 Culs-de-sac and dead-end streets, designed to be so permanently, shall
genefaRy not be longer than six>1tmdfe itinn` two hundred (200) feet. All
dead-end streets shall terminate ulaf fight of way within
lUUl UJ of fifty`✓V f 1liVL VY1G11 CL11-v
the latest standards adopted by the Board.
0-2} LUI The minimum right-of-way width of all streets shall bey sehedtfled
per the latest standards adopted by the Board.
{ } 12
{14} 13
SECTION III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14
Subdivisions, Section 21-14.03 (c) Alleys; standards, is hereby amended as follows:
(2) Alleys shall be kited provided in residential areas except where
tepeg-aph ea ef other- ,,,1;+;°„s may ° ° s;+„+° thei.use at the discretion of
the Board.
(3) The width .f „ alley shall iiet be less than+. °. +z (20) feet.
M
-7 f 4
SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14
Subdivisions, Section 21-14.03 (e) Blocks; standards, is hereby amended as follows:
(1) The width of blocks shall be sufficient to avoid double
frontage lots, except where reverse frontage on a major thoroughfare is
required.
(2) Where effective use of land does not require otherwise, blocks in residential
subdivisions shall not exceed six4een ' tmdf°a (1,600` one thousand(1,000)
feet in length.
(3) (1,000) feet whefe t
acocres--are net-mi-migca-iir-the-arrcccr@ n-orizzccarEll tfarrii�rvw, crEresswzr k-6r
pedestr4anway not less than ten(10) feet in width may be fequir-ed neaf the
The perimeter of any block shall not
exceed two thousand eight hundred(2,800) feet in length.
SECTION V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14
Subdivisions, Section 21-14.03 (f) Lots; standards, is hereby amended as follows:
line,(1) Residewial lots shall in ne ease be less diaii sixty(60) feet in vvidth at the
bttilding n6r--E° tai less than Jim+ etisan (6,000) s"iuic-feet
irarea.
(2) !'',,.nef lots shall ease be less than s xt , five (65) feet : width at the
��.J c_.vrll�.
building line nef eentain less than seven th uafe feet in area.
(3) The depth to width fatie of the useable afea, i.e.,the afea vAiieh is
unuseable for-nofmal building, > > or similar-aefivities by
> drainage, er-ether-Simi!
half(2.5)to one (1.0), exeept where a vafianee beeemes neeessafy for the
pufpese of using up edd shaped par-eels.
LD
(�} Q Every lot shall abut on a public street or have dedicated access to a
public street as permitted by the Zoning Ordinance.
(7) Aler-e larger-than nefmal lots afe proposed, they shall be of sueh shape and
(8) X4,1 Lots shall be numbered consecutively throughout the entire
subdivision.
SECTION VI. Chapter 21,Zoning, of the South Bend Municipal Code, Article 14
Subdivisions, Section 21-14.03 (g) Subdivisions in flood hazard areas, is hereby amended as
follows:
(1) Proposed subdivisions shall be reviewed to determine whether the subdivision
lies in aflood hazard area. If the s„i., ivisiai is to be laea4ea in ° fed haffar
area,the subdivider�s registered land surveyer shall ferv,�afd pei4inen4 pla
and iuuca.ri °
Appropriate changes and modifications may be required in order to
assure that the development of the subdivision is consistent with the need to
minimize flood damages; all public utilities and facilities, such as sewer, gas,
electrical, and water systems are located and constructed to minimize or
eliminate flood damage; adequate drainage is provided so as to reduce
exposure to flood hazards; and that on-site waste disposal systems, if provided,
will be so located as to avoid impairment of them or contamination from them
during the occurrence of the regulatory flood.
SECTION VII. Chapter 21,Zoning, of the South Bend Municipal Code, Article 14
Subdivisions, Section 21-14.04 (b)(1)(A) is hereby amended as follows:
vii. Dimensioned budding s-eth , > in 9. Reserved.
SECTION VIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14
Subdivisions, Section 21-14.04 (c)(1) is hereby amended as follows:
(A) if the subdivisien falls within a designatedfleed hazard area, the subdivisi
seefien 21 14.03(g)(1) ef this aAiele.
{B) (A)
(G) (B)
SECTION IX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14
Subdivisions, Section 21-14.05 (c)(1)(A) is hereby amended as follows:
xii. . Reserved.
SECTION X. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14
Subdivisions, Section 21-14.05 (d)(1) is hereby amended as follows:
(A) if the s4divisien falls within a designatedfleed hazard area,the subdivisien
seetion 21 14.03(g)(1) of this aftiele.
(B) (A)
(G) (B)
(B) (C)
SECTION XI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14
Subdivisions, Section 21-14.06 (c)(1) is hereby amended as follows:
« if the subdivisien replt falls v4hin a d°si gn to cvia hazard area, t e
subdivision iLF71Gl shall o
in aeeer-da-nee with seetion 21 14.03(6)(1) of this affiele--.
(G) (B)
SECTION XII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14
Subdivisions, Section 21-14.08 (b) Required Improvements, is hereby amended as follows:
(6) (B) Sidewalks shall be
walls, hedges, ef ethef planting ef stfuetufe plaeed an the pfepeAy line a
ifftef date. in single family residential afeas, eenefete sidewalks shall be
(5) feet wide and fay(4),hiehes thiek. gndiei3t an walks s hal
developments,not fnefe theta five (5) pe—ei.t. in multifamily or-gfeup heusing
sidewalks s
ee emial areas shall have a ffiinimufn width ef ten (10) feet.installed ep r the
latest standards adopted by the Board.
(8) The subdivision shall be provided with street tTrees
the Gemmis-sion and the Superintendent of-Parks shall be eensider-ed
be planted no elosef than five (5) feet te the ffent pfepefty line on the pr-epeft-y
side and shall bespaeed ne elesef than fefty (40) feet apaFt. They shall-oe-a
fninimuffi ,f ene and e e half(1 1/2) : ehes in diameter- rod e e (1)4 ,.+
aheve the ground. These festr4etions shall apply to the f ent .,,fa area
Trees planted along streets shall be installed per the regulations found at
Chapter 19, Article 1 and the latest standards adopted by the Board.
SECTION XIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14
Subdivisions, Section 21-14.08 (c) Streets and alleys; specifications, is hereby amended as
follows:
(2) All streets shall be surfaced and improved in the manner determined by the
Board and shall conform to the following sehe t le: latest standards adopted by the Board.
TABLE TATSEP:
Street Width
Land r-se and
T-Panspertation Plan
A./;.,a mot,. ,,t.f r« <>Louses 'W' 22,to 36
and apaftmentss
zr
family detaehed dwellings
* 4W -1$
Guk de sae and shaft leep 5W
stfleeAq
s
On all , all weather-dr-iveway end d 'n shall be
prA�4ded. The ffi ' - between yeftiea l tr-ansra6ns sh-AIIII be notgfeatei
*Curb and gutter shall generally net be required on highway side. A planting stfip
with a fninitnum width of ten (10) feet fnay be fequir-ed en the highway
SECTION XIV. This Ordinance shall be in full force and effect from and after its passage by
the Common Council and approval by the Mayor.
Tim Scott, ent
South Bend Common Council
Attest:
Ka eemah . Fowler, City Jerk
Office of the City Clerk
Presented by me, the undersigned CJerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of , 2018, at Ct
o'clock 0, . m.
K/areemah N. Fov ler, 5eiiy Clerk
Office of the City Clerk
Approved and signed by me on the day of 2018, at
o'clock . m.
Pete Butti , Mayor
Mayor, Ql>y of South Bend, Indiana
3 st READER-
PMic t cF. i( 1
3 r3 REANNG
NOT APPROVLv
REFERRED
PASSED ��