HomeMy WebLinkAboutAmending Chapter 21 Adding New PHC Professional Health Care District ORDINANCE No. 8705-96
Passed by the Common Council of the Ciry of South Bend,Indiana
August 12. 19 96
Attest: '• t/ JAIL Ciry Clerk
LORE ' AJ.DUII
Attest: President of Common Council
Presented by me to the Mayor of the Ciry of South Bend,Indiana
August 13, 19 96
ta. City Clerk
LORET J.DUDA
Approved and signed by me ��- A , 19 g(�
oMayor
BILL NO.
APC NO.
ORDINANCE NO. 3705-
AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21,
ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND,
INDIANA, AS AMENDED, BY ADDING A NEW "PHC" PROFESSIONAL/HEALTH
CARE DISTRICT, AND MAKING CERTAIN OTHER RELATED REVISIONS.
WHEREAS, the City of South Bend has endeavored to promote the
health, safety and general welfare of the City through zoning
regulations; and
Whereas, the City of South Bend has determined that in order to
promote efficient and orderly land development in the City, the
"PHC" Professional/Health Care Zoning District is desirable.
NOW THEREFORE, be it ordained by the Common Council of the City
of South Bend, Indiana, as follows :
Section 1 :
That CHAPTER 21, ZONING, ARTICLE 2, USE DISTRICT REGULATIONS,
DIVISION 1, DISTRICT BOUNDARIES, Section 21-6 Use district
regulations; boundaries; use district map, Subsection (a) of the
City Code of the City of South Bend, Indiana be amended to read
as follows :
(a) In order to regulate and restrict the location of trades,
callings, industries, commercial enterprises and the
location of buildings designed for specified uses, the
City is divided into "Use Districts" of which there shall
be thirteen-413} fourteen (14) known as :
"A" Residential District
"A-1" Residential District
"A-2" Planned Residential Development District.
"A-3" Mixed Use Multifamily Residential and Commercial
District .
"B" Residential District.
"B-1" Residential District .
"BP" Business Park District
"0" Office District
"PHC" Professional/Health Care District
"C-1" Commercial District .
"C-2" Planned Shopping Center District .
"C" Commercial District .
"D" Light Industrial District.
"E" Heavy Industrial District.
Section 2 :
That Chapter 21, Zoning, Article 2, Use District Regulations, be
amended by adding a new Division 5 . 5, entitled "PHC"
PROFESSIONAL/HEALTH CARE ZONING DISTRICT, to read as follows :
Division 5 . 5
"PHC" PROFESSIONAL/HEALTH CARE ZONING DISTRICT
21-12 . 5 .4 Height and area district regulations .
21-12 . 5 . 5 Off-street parking and loading facilities, and
landscaping and screening requirements.
Sec. 21-12 . 5 . 1 "PHC" Professional/Health Care District; intent
of district .
(a) The intent of the "PHC" Professional/Health Care
district is to provide specific areas for the continued
growth of medical related and other professional office
uses surrounding the City' s hospitals. The "PHC"
Professional/Health Care district will provide for a mix
of new and existing office buildings which are larger
than those allowed in the "0" Office district.
(b) The "PHC" Professional/Health Care district will provide
a suitable area for those office uses which formerly
were allowed in the "B" Residential zoning district .
(c) It is intended that a subsequent amendment will remove
offices from the list of permitted uses in the "B"
Residential district . In the interim, existing medical
offices will be allowed to continue as permitted uses in
the "B" Residential district until they can be rezoned
to an appropriate district; however, no new office uses
may be established in the "B" Residential District after
the date specified in Section 21-12 (a) (4) .
Sec . 21-12 . 5 . 2 "PHC" Professional/Health Care District;
general requirements .
(a) All activities associated with permitted uses, except
for off-street parking, maneuvering or loading, shall be
conducted within completely enclosed buildings.
(b) The parking of trucks as part of a permitted use or as
an accessory use to a permitted use shall be limited to
vehicles not exceeding one and one-half tons.
(c) No land which is zoned to any residential zoning
district shall be used for access to property zoned
"PHC" Professional/Health Care.
(d) Except for service or delivery vehicles, no portion of
an alley which is adjacent to an "A" Residential zoning
district may be used for access to property zoned "PHC"
Professional/Health Care.
(e) When a required side or rear yard is required to be
landscaped to form an effective screen the landscaping
shall be so dense and compact that an individual
standing on the adjacent property will not be able to
see through the screening material during any season of
the year.
(f) Outside lighting shall be located, installed and
maintained so that light does not shine on adjacent
buildings or property, or public streets.
(g) Outside mechanical equipment, including roof mounted
equipment, shall be screened so as not to be visible at
ground level from adjoining buildings or property, or
public streets.
(h) Outside trash receptacles shall be screened so as not to
be visible at ground level from adjoining buildings or
or intended to provide a required landscape screen.
Sec . 21-12 . 5 .3 "PHC" Professional/Health Care District;
uses permitted.
(a) In the "PHC" Professional/Health Care District buildings
or premises may be used, and buildings may be erected or
structurally altered for the following uses only:
(1) Any office for professional, business, governmental
or quasi-governmental use.
(2) Hospitals, laboratories, public or private clinics,
principal offices of physicians, and dentists.
(3) Institutions of an educational, philanthropic or
eleemosynary nature.
(4) On-site or off-site parking for uses permitted in
this district .
(5) Buildings and uses that are customarily accessory to
uses permitted in this district, unless otherwise
restricted by the provisions of Chapter 21.
Sec . 21-12 . 5 .4 "PHC" Professional/Health Care District; height
and area district regulations. In the "PHC" 'Professional/Health
Care districts the minimum dimensions of yards and setbacks, the
height of buildings, minimum lot area and lot width, and the
maximum lot coverage shall be as set forth in this Section. The
Height and Area District Regulations as set forth in ARTICLE 4 .
HEIGHT AND AREA DISTRICT REGULATIONS are not applicable to "PHC"
Professional/Health Care districts. Except as herein provided,
no building shall be erected or structurally altered except in
conformity with the regulations below subject to such
modifications as may be imposed by the St . Joseph County Airport
Authority.
(a) Front Yard requirements . There shall be a front yard
of not less than twenty-five (25) feet .
(b) Side Yard setback. There shall be two side yards each
of which shall not be less than eight (8) feet in width for
lots which are at least sixty (60) feet wide at the building
setback line or five (5) feet in width for lots which are
less than sixty (60) feet wide at the building setback line.
(c) Corner lot requirements . On corner lots, the side yard
adjoining the street shall have a setback of not less than
twenty-five (25) feet .
(d) Rear Yard setback. There shall be a rear yard of not
less than fifteen (15) feet .
(e) Height of Buildings . Except for hospitals which
provide inpatient care, no building hereafter erected or
structurally altered shall exceed fifty (50) feet or four (4)
stories in height .
(f) Lot Area. The lot area shall not be less than
forty-eight hundred (4, 800) square feet in area.
(g) Lot Width. The lot width shall not be less than
thirty-five (35) feet at the building setback line.
(h) Lot Coverage. No building shall be erected or
increased in ground area so that more than forty (40) percent
of the area of the lot will be covered.
in ARTICLE 5 . OFF-STREET PARKING AND LOADING FACILITIES the
following shall apply. In case of conflicting regulations the
more restrictive shall apply.
(a) Off-street parking is permitted in the required front
yard or side yard adjoining a street provided, however,
that in addition to the screening requirements listed
in this section, a fifteen (15 ' ) foot wide strip of the
required front yard or side yard adjoining a street,
measured from and parallel to the front lot line, and
extending the full length of the off-street parking
facility, shall be maintained as a landscaped portion
of the front yard or side yard adjoining a street .
(b) Parking lot maneuvering areas and aisles, except for
entrance drives and walks, are not permitted to
encroach into that portion of the front yard or side
yard adjoining a street reserved for landscaping as
defined above.
(c) Off-street parking, associated drives and maneuvering
areas shall not be located less than eight feet from
any side lot line adjoining a residential zoning
district .
(d) Off-street parking, associated drives and maneuvering
areas shall not be located less than fifteen feet from
any rear lot line adjoining a residential zoning
district .
(e) Except for entrance drives and walks, an off-street
parking facility that may be viewed from a public
street shall be screened by a decorative fence, masonry
wall, evergreen hedge, earth berm, an on-site building
or any combination thereof. The screening shall be
established and maintained at a height of not less than
two and one-half feet nor more than three feet to
restrict the view of parked vehicles from the public
street .
(f) An off-street parking facility, including entrance
drives, which abuts a residential district, including a
residential district separated by a dedicated alley,
shall be landscaped with grass, groundcovers, trees,
earth berm, evergreen hedge, an on-site building and/or
shrubbery to form an effective screening of the
off-street parking facility and any associated
driveways from adjoining residential districts. An
ornamental, decorative fence or masonry wall may be
used in conjunction with the landscaping. Any
landscaping, fence, wall, or berm provided to satisfy
this requirement shall be established and maintained at
a height of not less than five feet nor more than eight
feet to restrict the view of parked vehicles. If
located within twenty-five feet (25) feet of a
right-of-way line, the screen shall be not less than
two and one-half (2%) nor more than three (3) feet in
height .
Section 3 :
That Section 21-12 "B" Residential District; uses permitted;
exceptions of Division 5 of Article 2 of Chapter 21, Zoning, be
amended to read as follows :
Section 21-12 (a) (4) Nursing homes, rest homes, convalescent
homes;_ pPublic or private clinics, principal offices of
Section 4 :
That Section 21-170 Permitted signs by district of ARTICLE 10,
SIGN REGULATIONS, of Chapter 21, Zoning, be amended by adding the
following subsections.
21-170 (3 .4) "PHC" Professional/Health Care district :
(a) One On-premise, freestanding sign per primary building
provided that :
1 . The sign does not exceed forty-eight square feet
in area;
2 . The top of the sign does not exceed four feet
above grade;
3 . The sign shall be setback a minimum of five feet
from the right-of-way line or meet the setback
requirements of Section 21-169 (c) whichever is
more restrictive.
(b) One marquee or canopy sign per primary building
provided that :
1. The sign does not exceed eight square feet in
display area;
2 . The sign meets the requirements of 21-169 (d) ;
(c) Facia signs provided that :
1. The sign does not exceed sixteen square feet;
(d) Directional signs provided that :
1. The sign does not exceed two square feet;
2 . The sign shall not exceed two and one-half feet
above grade; and
3 . The sign shall not be interior lighte'd.
(e) Window signs not exceeding two square feet of copy
area.
(f) The total square feet of all signs shall not exceed
forty-eight square feet .
Section 5 :
This ordinance shall be in full force and effect from and after
its passage by the Common Council, approval by the Mayor, and
legal publication.
afe32----c
Member, Common Council
1
•
COMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee
to whom was referred
BILL NO.
21-96 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF
THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS
AMENDED, BY ADDING A NEW PHC PROFESSIONAL/HEALTH CARE
DISTRICT, AND MAKING CERTAIN OTHER RELATED REVISIONS
Respectfully report that they have examined the matter and that in their opinion, this bill
has been recommended to the Council favorably, as amended by substitution.
Cleo Washington
Chairman
AREA PLAN_ .COMMISSION of ST. JOSEPH COUNTY, IN
• RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director
/ 1140 COUNTY-CITY BUILDING, SOUTH BEND, IN. 46601 (219)235-9571 FAX(219) 235-9813
March 25, 1996
Mr. Roland Kelly, President
South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
Re: Area Plan Commission Initiate Petition to Establish
Professional Health Care Zoning District
Dear Mr. Kelly:
Attached, please find a proposed ordinance initiated by the Area Plan
Commission at its meeting of March 19, 1996. The purpose of the ordinance is
to provide for professional offices that are larger than the 5,000 square feet
allowed in the existing "0" Office zoning district.
Please place the proposed ordinance on your April 3, 1996, agenda for first
reading. The Area Plan Commission will conduct its public hearing on April
16, 1996.
If you have any questions concerning this matter, please feel free to contact
me.
Sincerely,
�,hn W. Byo i
Senior Planner
enc.
ne,6 'MCP
MAR 2 6 1996
CfCLE K, o'BE D,I .
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN