HomeMy WebLinkAbout15-19 CBD Zoning Ordinance Amendment LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 255-9571
May 6,2019 Filed in Clerk's C=f L;e
Honorable Common Council
4th Floor, County-City Building MAY 06 2.G13
South Bend, IN 46601
KAREEMAH FOWL
I CITY CLERK,SOUTH ED.:-..1.)"1
!N
RE: CBD Zoning Ordinance Amendment
APC#2898-19
Dear Council Members:
Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment at the above referenced
location.Please include the attached Ordinance on the Council agenda for first reading at your May 13th,
2019 Council meeting,and set it for public hearing at your June 24th,2019 Council meeting.The petition
is tentatively scheduled for public hearing at the June 18th, 2019 Area Plan Commission meeting. The
recommendation of the Area Plan Commission will be forwarded to your office by noon on the day
following the public hearing.
If you have any questions,please feel free to contact our office.
Si erely,
Jo an Wyatt
Planner
CC: Bob Palmer
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.STJOSEPHCOU NTYIN DIANA C.O M,A R E A P t A N
Filed in Clerk's Office
BILL NO. 15-19 [ AYO6 2019
ORDINANCE NO.
KARE —�
EIVIAT FOWCER
CITY CLERK,SOUTH BENDe IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE,
ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS
TO REVISE PERMITTED USES AND DEVELOPMENT STANDARDS
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance
that went into effect on May 7, 2004. Experience in using the Ordinance's provisions for the
CBD Central Business District has shown that development in this district is unable to meet
its full potential through efficient use of sites and the incorporation of high quality design that
supports a vibrant public realm. This ordinance revises uses and development standards to
better support the development of a mixed-use urban core having pedestrian-oriented design.
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 3 Commercial/
Mixed Use Districts, Section 21-03.06 CBD Central Business District, is hereby deleted and
replaced with a new Section 21-03.06 as follows:
Section 21-03.06 CBD Central Business District.
Intent—The CBD Central Business District is established to promote the development of the
downtown region of the City of South Bend as a high intensity urban center for a multicounty
region. The following are typical characteristics of the Central Business District: a mixture of
mid-rise and high rise mixed-use developments, including a variety of compatible building
types and urban uses; buildings with active building frontages set at or close to the sidewalk;
and pedestrian-oriented scale with wide sidewalks, regularly spaced street trees, and amenities
that create a walkable environment.
(a) Permitted Uses.
(1) Primary Uses.
(A) Clothing Service: Including but not limited to: Costume Rental;
Dressmaking; Dry Cleaning and Laundry Establishment; Millinery
(Fabric) Shop; Self-service Laundry; Shoe Repair Shop; Tailor and
Pressing Shop; Tuxedo Rental.
(B) Educational Uses: Including but not limited to: Child Care Center;
Child Care Ministry; Cottage School; Public Library; School—
Commercial, Trade or Business.
(C) Food Sales and Service: Including but not limited to: Bakery—Retail;
Bar *; Cabaret—21 and Over *; Cabaret—Family; Convenience
Store; Dairy Bar—Retail; Delicatessen; Farmers Market; Grocery; Ice
Cream Store—Retail; Manufacturing Retailers;Nightclub *;
Restaurant—Fast Food; Restaurant—Family; Restaurant—Family
with Lounge; Tavern *; Yogurt Store—Retail.
(D) Governmental Use: Including but not limited to: Governmental
Offices; Post Office—without outdoor parking of delivery vehicles.
(E) Miscellaneous: Including but not limited to: Bed& Breakfast; Bus,
taxi, or limousine terminal, without repair; Clinic (medical, dental or
optometrists); Conference Center; Cottage Business/Residential;
Electrical/ Electronics Repair; Hospital; Hotel; Laboratories; Mini (Self
Storage) Warehouse, Internal Access; Print Shop; Publishing; Radio/
TV Stations (provided any antenna shall comply with the regulations
for Communication/Utilities); Video Production Studios.
(F) Office/Professional Services: Including but not limited to: Architect;
Artist; Bank Machines - Walk-up; Construction Companies (office
only); Consultant; Contractors (office only); Dentist; Design Services;
Engineer; Financial Institution; Insurance Agent; Lawyer; Musician;
Physician; Pharmacist; Photographic Studio; Professional Offices; Real
Estate Office; Travel Agency.
(G) Personal Service: Including but not limited to: Barber Shop; Beauty
Shop; Health Spa; Fitness Center.
(H) Public Facilities: Including but not limited to: Community Center;
Funeral Home; Mortuary; Museum; Public or Private Park—Active or
Passive; Religious Use; Commercial Parking Lot; Parking Garage.
(I) Recreation: Including but not limited to: Aerobics Studio; Amusement
Arcade *; Banquet Hall; Billiard Hall *; Dance Studio; Public Dance
Hall *; Social Hall; Theater—indoor.
(J) Residential—In CBD Districts Located West of the St. Joseph River:
Including but not limited to: Dwelling Units or Shared Housing—
limited to (i) floors above the first floor or (ii) ground floor of the
building if located behind another ground floor, non-residential
permitted use; Convalescent Home; Nursing Home; Rest Home.
(K) Residential—In CBD Districts Located East of the St. Joseph River:
Including but not limited to: Multifamily dwellings; Dwelling Units—
limited to floors above the first or ground floor of the building;
Convalescent Home; Nursing Home; Rest Home; Shared Housing.
(L) Retail: Including but not limited to: Antique Shop; Apparel Shop; Art
Gallery; Arts and Craft Store; Bicycle Sales and Service; Camera Store;
Card Shop; Clock Shop; Coin and Stamp Shop; Computer Store; Drug
Store; Flower Shop; Frame Shop; Gift Shop; Hobby Shop; Toy or
Game Shop; Jewelry Store; Liquor Store; Music Store;Newsdealer;
Pawnshop *; Shoe Store; Stationery and Book Store; Tobacco Store;
Video Store.
(M) Utilities: Including but not limited to: Roof-top Antenna.
* = Controlled Use. See Section 21-08.02— Special Regulations for
Controlled Uses for additional requirements.
(2) Special Exception Uses.
(A) Automotive Uses: Including but not limited to: Automobile Repair—
major; Automobile Repair—minor; Automobile Parts Sales (new);
Automobile Sales & Service; Automobile Quick Oil Change Facility;
Gasoline Service Station with minor repair(not to exceed two (2)
accessory indoor service bays); Gasoline Service Station without
repair; Tire and Auto Service Center.
(B) Food Sales & Service: Including but not limited to:; Restaurant—
Drive In; Restaurant—Drive Through.
(C) Governmental Use: Including but not limited to: Post Office—with
outdoor parking of delivery vehicles.
(D) Miscellaneous: Including but not limited to: Casinos, Approved
Hotels and other areas where gambling games are conducted *; Off-
Track Pari-mutuel Wagering Facility *.
(E) Office/Professional Services: Including but not limited to: Financial
Institution with drive-up or drive-through facilities.
(F) Personal Service: Including but not limited to: Tattoo, Body Piercing,
Scarifying and Branding Establishments *.
(G) Recreation: Including but not limited to: Stadium; Arena.
(H) Residential (in CBD Districts located west of the St. Joseph River):
Multifamily Dwellings; Group Residence.
(I) Residential (in CBD Districts located east of the St. Joseph River):
Group Residence.
(J) Utilities: Including but not limited to: Electricity Relay Station; Public
Utility Substation; Pumping Stations; Water Towers; Any Ground
Mount Antenna Installation.
* = Controlled Use. See Section 21-08.02— Special Regulations for
Controlled Uses for additional requirements.
(3) Accessory Uses—See Section 21-03.11 (a)—Accessory Uses, Buildings and
Structures.
(4) Temporary Uses—See Section 21-03.11 (b)—Temporary Uses, Buildings and
Structures.
(5) Home Occupations— See Section 21-03.11 (c)— Home Occupations.
(b) Development Standards.
(1) Minimum Project Width and Frontage - each project shall have a minimum lot
width and frontage on a public street of 20 feet.
(2) Yards and Building Setbacks:
(A) Front - afront yard and building setback measured from the greater of
the proposed right-of-way or existing right-of-way shall be provided as
follows:
Minimum Maximum
Limited Access Highway: 50' NA
All Other Streets: 0' 10'
Provided, however, on all streets except limited access highways,
building placement shall be in compliance with the following
regulations:
i. For sites containing one building—in elevation view from the
street frontage, at least eighty-five percent(85%) of the length
of the façade of the building facing a primary street shall be
located at or between the minimum setback and the maximum
setback, and at least fifty percent (50%) of the length of the
façade of the building facing a secondary street shall be located
at or between the minimum setback and the maximum setback;
ii. For sites containing multiple buildings—in elevation view from
the street frontage, at least eighty-five percent(85%) of the
visible facades of the buildings facing a primary street shall be
located at or between the minimum setback and the maximum
setback, and at least fifty percent (50%) of the visible facades of
the buildings facing a secondary street shall be located at or
between the minimum setback and the maximum setback; and,
iii. Parking areas and interior access drives shall not be located in
front of a line five (5) feet behind the front building line. If the
lot does not have a building,parking areas and interior access
drives shall have a minimum front setback of ten (10) feet. If a
parking area or interior access drive is located less than fifteen
(15) feet from the front lot line, it shall be screened by a
compact row of shrubs/hedge plants planted three feet on-center
(3' o.c.) immediately behind the front building line. Shrubs
shall be at least twenty-four inches (24") at time of planting.
(B) Minimum Side Yard and Setback—Zero (0) feet, provided, however, if
a side yard is provided along a side lot line not abutting an alley, such
setback shall not be less than five (5) feet.
(C) Minimum Rear Yard and Setback—The minimum rear yard and
setback shall be as follows:
i. Minimum Rear Yard- zero (0) feet, however, if a rear yard is
provided along a rear lot line not abutting an alley, such setback
shall not be less than five (5) feet.
ii. Minimum Rear Residential Bufferyard—twenty (20) feet when
not separated from a ground-floor residential use by a public
alley. If separated from a ground-floor residential use by a
public alley, no rear residential bufferyard is required.
(D) Minimum Yard and Setback from any lot line along the St. Joseph
River or East Race—Fifteen(15) feet.
(3) Use of Minimum Yards and Residential Bufferyards.
All minimum yards and residential bufferyards, when required, shall be
landscaped in compliance with the requirements for perimeter yard
landscaping as set forth in Section 21-07.01 —Landscape Regulations of this
Ordinance and shall remain free from structures, except where expressly
permitted below:
(A) Minimum Front Yards along limited access highways—may include:
parking areas, loading areas, interior access drives, interior access
driveways, or gasoline sales areas,provided that no portion of such area
may be located closer to the right-of-way than fifteen(15) feet; or,
signs as regulated by Section 21-07.03 —Sign Regulations of this
Ordinance, and shall be otherwise maintained as open space free from
buildings or structures;
(B) Minimum Rear Residential Bufferyards—may include driveway
connections to adjoining lots, or walkways or other pedestrian way
connections to adjoining lots, provided that the remainder of said yards
shall otherwise be maintained as open space free,from buildings or
structures.
(4) Building Height.
(A) CBD Districts Located West of the St. Joseph River:
i. Minimum Front Façade Height—in the elevation view from the
street frontage, sixteen(16) feet.
ii. Maximum Building Height—the lesser of one-hundred and fifty
(150) feet or twelve (12) stories.
(B) CBD Districts Located East of the East Race Waterway:
i. Minimum Front Façade Height—in the elevation view from the
street frontage, sixteen (16) feet.
ii. Maximum Building Height—the lesser of sixty (60) feet or five
(5) stories.
(C) CBD Districts located in the area bounded by the St. Joseph River and
the East Race Waterway:
i. Minimum Front Façade Height—in the elevation view from the
street frontage, sixteen(16) feet.
ii. Maximum Building Height—no greater than one hundred fifty
(150) feet.
(5) Landscaping—See Section 21-07.01 —Landscape Regulations.
(6) Lighting— See Section 21-07.02—Lighting Regulations.
(7) Signs—See Section 21-07.03 —Sign Regulations.
(8) Parking— See Section 21-07.04—Off-Street Parking Regulations.
(9) Loading—See Section 21-07.05 —Off-Street Loading Regulations.
(10) Greenway Connection Required—If the lot abuts any portion of a greenway, a
direct linkage from the project to such greenway shall be provided.
(11) Outdoor Operations—All uses and operations (except off-street parking,
off-street loading and delivery and walk-up customer service windows) shall
be conducted completely within enclosed buildings, except where expressly
permitted below:
(A) Outdoor seating for restaurants, provided that such outdoor seating:
i. shall not be located in any street right-of-way except as
permitted by the Board of Public Works; and,
ii. shall not block an entrance or exit to or from the business or
building or conflict with Americans with Disabilities Act
standards.
(B) Outdoor display or sales of merchandise:
i. shall not be located in any street right-of-way except as
permitted by the Board of Public Works;
ii. shall not block an entrance or exit to or from the business or
building or conflict with Americans with Disabilities Act
standards;
iii. shall not exceed ten percent(10%) of the gross floor area of
each non-related and separately operated use;
iv. shall be permitted only during the hours of operation of the
business and shall be removed at the close of each business day;
and,
v. shall be merchandise normally found within the on-premise
business.
(C) Walk-up customer service windows or Automated Teller Machines
(ATM's), provided that such facilities are not free-standing and are set
flush with the façade of the building.
(12) Building Design and Orientation.
(A) Orientation.
i. Primary facades shall be oriented to the front lot line. When on
a corner lot, the primary facade shall be oriented to the primary
street.
ii. The primary building entrance shall be located on the front
façade.
(B) Articulation and Activation.
Front façades greater than fifty (50) feet in width shall provide
articulation as follows:
a. Vertical articulation, such as bays, columns, pilasters,
recessed entries, awnings, or other architectural
treatments, is required to visually break up the massing
of the façade into segments no greater than 25 feet in
width.
b. Horizontal articulation, such as belt courses, cornice
lines, entablatures, friezes, changes in materials or
window patterns, recessed entries, awnings or canopies,
or other architectural treatments, is required.
ii. For commercial and mixed-use buildings, the minimum front
façade surface that shall be glazed (window and door surface
area) is as follows:
a. Ground floor front façade surface along a primary street
—sixty (60) percent;
b. Ground floor front façade surface along a secondary
street or civic space—forty (40)percent;
c. Upper floor front façade surface along a primary street—
fifteen (15) percent.
The ground floor front facade glazing is calculated based on the
total façade area between two (2) and eight(8) feet above the
finished ground floor level. The upper floor front façade
surface area is calculated based on the total façade area located
between the surface of any floor to the surface of the floor
above it or the elevation of the roof. Windows and doors shall
have clear(untinted) glass and shall be open to the interior(not
faux).
iii. Except for civic buildings, the distance between building entries
shall not exceed 100'.
iv. A walkway shall connect from the sidewalk to the primary
entrance.
(C) Building Materials.
Additions to Existing Buildings: All additions to existing
buildings shall utilize building materials that are compatible
and harmonious with the materials used on the existing
building.
ii. Exterior Renovations, Major Additions and Accessory
Buildings: Exterior renovations, major additions and accessory
buildings to existing buildings or facilities are encouraged to
comply with the provisions in sub-Section (iii), below, for new
construction, however, the minimum requirement for exterior
renovations, major additions and accessory buildings shall be
the same as in sub-Section (i), above, for additions to existing
buildings.
iii. New Construction: In order to create variation and interest in
the built environment, all new primary buildings shall comply
with one (1) of the following two (2) sets of architectural
regulations regarding building material and architectural
features on each front facade:
a. All brick or stone (limestone, granite, etc.), excluding
window, display window, door, roofing, fascia and soffit
materials, provided that the brick or stone used on each
applicable facade shall include at least two (2)
architectural elements (e.g., quoins, pilasters, soldier
courses, lintels, friezes, cornices, dentils, architraves,
etc.); or,
b. Two (2)or more building materials (excluding window,
display window, door and roofing materials), provided:
1. Primary Building Material: The primary
building material shall be either: brick; stone
(limestone, granite, etc.); synthetic equivalents of
brick or stone; architectural pre-cast concrete, if
the surface looks like brick or stone; traditional
lime-based stucco; or fiber cement, and shall
constitute a minimum of sixty-six (66)percent of
each applicable facade excluding glazed
surfaces. Exterior insulation and finish system
(E.I.F.S.) or equivalent; vinyl; or standard,
fluted, or split face concrete masonry units
(CMUs) are prohibited as a primary building
material.
2. Secondary Building Material: The secondary
building material shall constitute a minimum of
ten(10)percent of the façade excluding glazed
surfaces. Glass curtain wall may qualify as a
secondary building material.
3. Architectural Features: In addition,the exterior
building material selection shall be
supplemented with the use of multiple colors or
architectural elements (e.g., quoins, pilasters,
soldier courses, lintels, friezes, cornices, dentils,
architraves, etc.) on each front facade.
iv. Building materials used on the front façade shall extend a
minimum depth of sixteen(16) inches along the side façade as
measured from the face of the front façade.
(D) Mechanical Equipment—HVAC equipment shall not be placed in the
front yard or on the front facade.
SECTION II. 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, Council President
South Bend Common Council
Attest:
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of ,2019, at
o'clock . m.
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Approved and signed by me on the day of ,2019,at o'clock
.m.
Pete Buttigieg, Mayor
City of South Bend, Indiana
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