HomeMy WebLinkAboutAmending Chapter 21 Define Pool Halls or Billard Halls ORDINANCE No. 8706-96
Passed by the Common Council of the City of South Bend,Indiana
August 12, 19 96
Attest: f 4 k • All `/ City Clerk
LORE 'TA J.DUO
Attest: President o f Common Council
Presented by me to the Mayor of the City of South Bend,Indiana
August 13, 19 96
_ f_�_ .. City Clerk
LORET A J.DUD'
Approved and signed by me Lt, 19 9 6
C._. 'o4.4-- 4 Mayor
SUBSTITUTE ORDINANCE E NO. BILL ��16 94
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21
OF THE MUNICIPAL CODE TO DEFINE POOL HALLS
OR BILLIARD HALLS AND TO ALLOW FOR THE PROMOTION OF
POOL HALLS OR BILLIARD HALLS IN THE DOWNTOWN AND
EAST BANK AREAS, WITHOUT THE LOCATIONAL RESTRICTIONS
OF SECTION 21-18 (b) .
STATEMENT OF PURPOSE AND INTENT
The purpose of this ordinance is to amend Chapter 21 of the
Municipal Code to define pool halls or billiard halls and to
allow for the promotion of pool halls or billiard halls in the
downtown and East Bank areas, without the locational restrictions
of Section 21-18 (b) .
The Common Council of the City of South Bend determines that
it is necessary to define the term pool hall or billiard hall for
purposes of licensing and zoning.
The Common Council of the City of South Bend also determines
that the development of responsibly managed pool halls or
billiard halls would increase economic viability and promote
wholesome entertainment, and that it would be in the best
interest of the City of South Bend to promote responsibly managed
pool halls or billiard halls in the downtown and East Bank areas.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS :
SECTION I . Chapter 21, Article 1, Section 21-1 (a) of the South
Bend Municipal Code shall be, and hereby is, amended to read as
follows :
Sec. 21-1. Definitions.
(a) As used in this chapter, unless otherwise provided:
(1) Abandonment means the voluntary act or failure to
act by the owner of a nonconforming use which evidences that the
owner neither claims nor retains the right to exercise the
nonconforming use.
(2) Accessory building means a structure on the same
lot with, and of a nature customarily incidental and subordinate
in size and use to, the principal use or structure on the lot,
whether or not attached to the principal building. Accessory
buildings shall include, but is not limited to, the following:
a. A private garage or automobile parking
structure;
b. A storage shed greater than one hundred
twenty (120) square feet in gross area; or
c. A greenhouse.
(3) Accessory use means a use which is subordinate in
area, bulk, extent and purpose to the principal use which is
located on the same lot on which the principal building or use is
situated and which is incidental to the conduct of the primary
use of such principal building or use.
(4) Acreage, gross means all lands and open spaces
included in a tract, and one-half of all abutting streets and
alleys .
(5) Adult bookstore or adult video store means a
commercial establishment which, as one (1) of its principal
business purposes, offers for sale or rental for any form of
consideration any one (1) or more of the following:
a. Books, magazines, periodicals, or other
printed matter, or photographs, films, motion picture, video
cassettes or video reproductions, slides, or other visual
representations which depict or describe specified sexual
activities or specified anatomical areas; or
b. Instruments, devices, or paraphernalia which
are designed for use in connection with specified sexual
activities .
A commercial establishment may have other business
purposes that do not involve the offering for sale or
rental of material depicting or describing specified
sexual activities or specified anatomical areas and
still be categorized as an adult bookstore or adult
video store. Such other business purposes will not
serve to exempt such commercial establishments from
being categorized as an adult bookstore or adult video
store so long as one of its principal business purposes
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is the offering for sale or rental for consideration
the specified materials which depict or describe
specified sexual activities or specified anatomical
areas . A principal business purpose is understood to
be a primary use of an establishment .
(6) Adult business means and shall include the
following:
a. Adult bookstore;
b. Adult mini motion picture theater;
c. Adult motel;
d. Adult motion picture theater;
e. Class B cabaret;
f. Escort agency.
(7) Adult mini motion picture theater means an
enclosed building with a capacity of one hundred fifty (150) or
fewer persons, which building is predominantly used for
presenting material distinguished or characterized by an emphasis
on matter depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas" for observation by
patrons therein.
(8) Adult motion picture theater means an enclosed
building with a capacity of more than one hundred fifty (150)
persons predominantly used for presenting material distinguished
or characterized by an emphasis on matter depicting, describing
or relating to "specified sexual activities" or "specified
anatomical areas" for observation by patrons therein.
(8 . 1) Adult motel means a hotel, motel or similar
commercial establishment which:
a. Offers a sleeping room for rent for a period
of time that is less than eighteen (18) hours, with rental rates
specifically tied to periods of less than eighteen (18) hours; or
b. Allows a tenant or occupant of a sleeping
room to subrent the room for a period of time that is less than
twenty-four (24) hours .
(9) Alley means a right-of-way not less than ten (10)
feet wide but less than thirty (30) feet wide located at the rear
or side of lots, dedicated to public use for travel or
transportation and generally affording secondary access to
abutting property.
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(10) Amusement arcade means any establishment which
keeps, maintains or operates for hire on the premises four (4) or
more amusement devices . For the purposes of this chapter, an
amusement device includes, but is not limited to, the following:
Automatic baseball court, shooting gallery, pinball machines,
tenpin machine, and electronic or video game machine.
(11) Amusement center means, but is not limited to, go-
cart tracks, skateboard tracks, water slides, model car or model
railroad tracks or any other similar use or any combination
thereof.
(12) Apartment house means a building or portion of a
building designed or used as a residence for three (3) or more
families or households living independently of each other.
(12 . 1) Approved hotel shall mean a hotel that
contains at least two hundred fifty (250) hotel rooms, or a
lesser number established by the Indiana Gaming Commission;
indoor public space used for exhibit space; meeting rooms;
banquet rooms, restaurants; lobbies, lounges or bars; show
theaters; parking areas; and shops where gambling games may be
conducted. Said definition shall also include the definition of
approved hotel as defined in Indiana Code § 4-33-2-3, as it may
be amended from time to time.
(13) Associated sphere of influence means the area
described as follows :
Beginning at the point of intersection of the centerline of
Jefferson Boulevard and the center of the St. Joseph River;
thence southeasterly along the center of the St . Joseph River to
the centerline of Monroe Street extended; thence southwesterly
along the centerline of Monroe Street and its extension to the
centerline of Lincolnway East; thence southeasterly along the
centerline of Lincolnway East to the extended centerline of the
east-west alley between South and Bronson Streets; thence west
along the centerline of said alley and its extension to the north
right-of-way line of the Penn Central Railroad; thence west along
said right-of-way line to the extended centerline of the north-
south alley located between Williams and Taylor Streets; thence
north along the centerline of said alley and its extension to the
centerline of Lincolnway West; thence northwesterly along the
centerline of Lincolnway West to a point of intersection with the
extended centerline of Taylor Street; then northeasterly along
the centerline of Taylor Street and its extension to a point of
intersection with the extended centerline of the first north-
south alley west of Portage Avenue; thence north along the
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centerline of said alley and its extension to the south line of
Burrough' s Sub. of B.O.L. 115; thence northeasterly along said
south line to the east line of said sub. ; thence north along said
east line 7 feet to the centerline of the east-west alley; thence
east along the centerline of said alley and its extension to the
centerline of the north-south alley located between Niles Avenue
and Hill Street; thence south along the centerline of said alley
to the centerline of Jefferson Boulevard; thence west along the
centerline of Jefferson Boulevard to the point of beginning.
(14) Basement means that portion of a building having
at least half of its height below the finished grade .
(14 . 1) Bingo shall have the definition set forth in
Indiana Code § 4-32-6-3, and it and all other games of chance
regulated by Indiana Code § 4-31-1 are not considered gambling
games addressed by this ordinance.
(15) Block means a length of street from one (1)
intersecting street to the next intersecting street and the
property fronting on a length of street between two (2) streets
which join or intersect such length of street .
(16) Boardinghouse means a building, other than a
hotel, where lodging with or without meals are provided for two
(2) or more persons whether or not for compensation.
(17) Board means the South Bend Board of Zoning
Appeals .
(18) Building means a structure consisting of
foundation, walls, floor and roof.
(19) Building facade means that portion of any exterior
elevation of a building extended from grade to the top of the
parapet wall or eaves and the entire width of the building
elevation, and which may also be referred to as the "building
face. "
(20) Building height of means the vertical distance
above a reference datum measured to the highest point of the
coping of a flat roof or to the deck line of mansard roof, to the
average height of the highest gable of a pitched or hipped roof.
The reference datum shall be selected by either of the following,
whichever yields a greater height of building:
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1 . The elevation of the highest adjoining
sidewalk or ground surface within a five-foot horizontal distance
of the exterior wall of the building when such sidewalk or ground
surface is not more than ten (10) feet above lowest grade.
2 . An elevation ten (10) feet higher than the
lowest grade when the sidewalk or ground surface described in
item 1 above is more than ten (10) feet above lowest grade.
The height of a stepped or terraced building is the maximum
height of any segment of the building.
(21) Business means an enterprise involving selling,
storing or processing goods or commodities or the rendering of
services .
(22) Business, commercial means a retail business
selling to the public .
(23) Business, industrial means an enterprise engaged
in the manufacture, the processing of materials or the assembling
of parts into finished or semifinished products; also the repair
or reconditioning of products, appliances, machines, furniture or
other goods which involve manufacturing operations or processes .
This class of business may be further subdivided into light
industrial or heavy industrial .
(24) Cabaret means a commercial establishment where
persons congregate for the purpose of eating, drinking, dancing
or singing and where musical or live entertainment is provided.
(25) Cabaret, Class A means any cabaret, not including
a Class B or C cabaret or family restaurant, which has on the
premises an area from which minors are excluded pursuant to I .C.
7 . 1-5-7-9, 10 and 11 .
(26) Class B Cabaret means any cabaret, not including a
Class A or C cabaret or family restaurant, which features :
a. Persons who appear in a state of semi-nudity;
or
b. Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
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c . Films, motion pictures, video cassettes,
slides, or other photographic reproductions which are
characterized by the depiction or description of specified sexual
activities or specified anatomical areas; or
d. Persons who engage in lewd, lascivious or
erotic dancing or performances that are intended for the sexual
interests or titillation of an audience or customers .
(27) Cabaret, Class C means any cabaret not included as
a Class A cabaret or Class B cabaret .
(27 . 1) Casino shall mean a building, facility or
room where any gambling games as defined herein are conducted.
(28) Certificate of occupancy means a certificate
issued by the Code Enforcement Bureau of Buildings authorizing an
occupancy under the local Zoning and Building Codes .
(28 . 1) Child care center and child care ministry
shall have the definitions set forth in Indiana Code
§ 12-7-2, as they may be amended from time to time.
(28 .2) Club means an association or corporation:
a. Organized, in good faith, under authority of
law;
b. Maintaining, in good faith, a membership roll
of paid-up memberships;
c . Owning, leasing or occupying an establishment
operated solely for objects of a national, social, patriotic,
religious, political, or athletic nature, or the like;
d. Not operated for pecuniary gain;
e . With property and advantages of the
organization belonging to its members; and
f. Where the sale or provision of alcoholic
beverages, if undertaken, is done pursuant to a Club Permit
issued by the Indiana Alcoholic Beverage Commission.
(29) Commercial use: See Business, Commercial .
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(30) Commission means the Area Plan Commission of St .
Joseph County.
(31) Controlled use means those usages of property
which are recognized as having serious objectionable
characteristics, particularly when several of them are
concentrated, thereby having a deleterious effect upon the
adjacent areas; and shall include the following:
a. Adult businesses;
b. Amusement arcades;
c . Class A cabaret;
d. Establishment for the sale of beer or
intoxicating liquor for consumption on the premises, except a
family restaurant .
e. Pawnshop;
f. Pool or billiard hall;
g. Public dance hall;
h. Off-track pari-mutuel wagering facility; and
i . Casinos, approved hotels, and all other areas
where gambling games are conducted.
(32) Copy area means the entire surface area of the
face of the sign exclusive of supports .
(33) County means St . Joseph County, Indiana.
(34) Courtyard means an open, unoccupied space, other
than a yard, on the same lot with a building and which is bounded
on at least two (2) sides by the building.
(35) Reserved.
(36) Display area means the total area upon which sign
copy may be placed. In computing the total display area of a
sign, mathematical formulas for geometric shapes formed by
straight lines drawn closest to the extremities of the sign,
excluding any structural members or embellishments, shall be
used.
(37) Dwelling means a building or portion thereof
arranged or designed to provide living facilities for one (1) or
more families . Dwelling includes a manufactured home, mobile
home, modular home and site constructed home, but does not
include a motel or hotel .
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(38) Dwelling, one-family means a building designed
for, or occupied exclusively by, one (1) family.
(39) Dwelling, two-family means a building designed
for, or occupied exclusively by, two (2) families living
independently and exclusively from each other.
(40) Dwelling, multiple-family: See Apartment house.
(41) Dwelling unit means a building or a portion
thereof designed or arranged to provide living facilities for a
single family. Each dwelling unit shall contain permanently
installed kitchen and toilet facilities .
(42) Embellishment means an addition to the display
area of a sign on which a continuation of an advertising message
may be placed. Such addition shall not be continuous border
which would constitute an increase in the display area. Standard
bases and standard trim shall not be considered embellishments .
(42 . 1) Escort means a person who, for consideration,
agrees or offers to act as a date for another person, or who
agrees or offers to privately model lingerie or to privately
perform a striptease for another person.
(42 .2) Escort agency means a person or business
association who furnishes, offers to furnish, or advertises to
furnish escorts as one of its primary business purposes for a
fee, tip, or other consideration.
(43) Exterior features means the arrangement and
general design of a building, structure or use, including the
architectural style, scale or form, architectural details, such
as windows, doors, light fixtures, fences, walls, steps or other
appurtenances, the color, type or texture of building materials,
signs, natural features, such as trees, rocks or rock formations,
or bodies of water.
(44) Family means one (1) or more persons related by
blood, legal adoption or marriage, living and cooking as a single
housekeeping unit, exclusive of household servants . A number of
persons, but not exceeding two (2) , living and cooking together
as a single housekeeping unit though not related by blood, legal
adoption or marriage, shall be deemed to constitute a family. A
person or persons residing with a family as hereinabove defined
by reason of placement by a publicly licensed placement agency
shall be considered as members of that family.
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(45) Family restaurant means any establishment whose
main business function is the retail sale of food for consumption
on the premises, and which does not have on the premises an area
from which minors are excluded pursuant to I .C. 7 . 1-5-7-9, 7 . 1-5-
7-10 and 7 . 1-5-7-11 or pursuant to any policy of the
establishment .
(46) - (54) Reserved.
(55) Floor area means the floor area of a building and
shall be calculated as the sum of the gross areas of the several
floors of the building, measured from the exterior faces of
exterior walls or from the centerline of common walls . Floor
area shall include floor openings for stair wells, elevator
shafts and duct-work, floor space used for mechanical equipment,
open or enclosed, penthouses, attic space having headroom of
seven (7) feet, ten (10) inches or more, interior balconies,
mezzanines and enclosed porches, and covered floor areas devoted
to accessory uses . Basement floor area shall be included when
utilized as a dwelling unit or for business, office, commercial
or industrial purposes . Space within a building used for off-
street parking or unloading shall not be considered floor area.
(56) Floor area ratio means the total gross floor area
of a building or buildings on a lot divided by the lot area.
(57) Frontage means the contact of abutting property
with a street which affords unobstructed access to the property.
(57 . 1) Gambling game shall mean and include any of
the activities governed by the Indiana Gaming Commission as a
wagering device set forth in Indiana Code § 4-33-2-9, as it may
be amended from time to time.
(58) Garage, private, means an accessory building with
capacity for storing not more than three (3) motor vehicles, and
used for storage only.
(59) Garage, public, means a garage, other than a
private garage, used for the storage, care, repair, or servicing
of motor vehicles, or where such vehicles are stored for
remuneration.
(60) Grade, established, means the elevation of the
street grade in front of a property as fixed by the Engineering
Department of the City.
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(60 . 1) Gun and gunsmith shops shall mean any
location where firearms and/or ammunition are being sold as the
primary business items .
(61) Historic landmark means a building, structure,
object, district, land use, area or site of historical
significance and designated as a historic landmark on the
Historic Preservation Plan.
(62) Historic preservation means the research,
protection, maintenance, restoration, rehabilitation,
reconstruction or development of historic landmarks . For
purposes of this chapter, this definition shall apply to the
preservation of exterior features only.
(63) Historic Preservation Commission means the
Historic Preservation Commission established under the provisions
of this chapter.
(64) Historic Preservation Plan means a comprehensive
plan, including maps, surveys or studies, prepared by the
Historic Preservation Commission for the preservation of an
historic landmark and subsequently approved by the Area Plan
Commission and officially adopted by the Common Council of the
City of South Bend.
(65) Home occupation means a use which, when conducted
in a residential district, is traditionally accepted and
customarily conducted entirely within a dwelling and carried on
by the occupants thereof as gainful employment which use is
clearly incidental and secondary to the use of the dwelling for
the dwelling purposes; which does not change the character
thereof nor require external alterations or involve the
construction of features not customarily involved in residential
use and which use shall not occupy more than twenty-five (25)
percent of the gross floor area of any one (1) floor.
(66) Hotel means a building in which lodging, with or
without meals, is provided and offered to the public for
compensation, and which is open to transient guests . Hotel
includes motels, but does not include boarding houses .
(67) Reserved.
(68) Leasable area, gross, means the total floor area
designed for tenant occupancy including basements, mezzanines and
upper floor, but excluding areas specifically designated for
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storage; expressed in square feet and measured from the
centerline of joint partitions and from outside wall faces .
(69) Lot means a parcel of ground set apart by
recognized boundary lines, and having frontage upon a street .
(70) Lot of record means a lot which is a part of a
subdivision, the map of which subdivision has been recorded in
the office of the Recorder of St . Joseph County, or for which a
deed has been recorded in the office of the Recorder of the
County.
(71) Lot, corner means a lot at the junction of two (2)
streets, with frontage on two (2) of its boundary lines .
(72) Lot, interior means a lot with frontage on but one
(1) street .
(73) Lot, through means a lot having frontage on two
(2) parallel or approximately parallel streets .
(74) Lot lines means the boundary lines of a lot as
herein defined.
(75) Major building means a building housing the
principal occupancy on a lot .
(76) Manufactured home means a dwelling, designed and
built in a factory, which bears a seal certifying that it was
built in compliance with the National Manufactured Housing
Construction and Safety Standards Law (1974 U.S .C. 5401 et seq. ) .
(77) Manufactured home, Type A means a manufactured
home which:
a. Was constructed after January 1, 1981; and
b. Has more than nine hundred fifty (950) square
feet of occupied space and is composed of more than one (1)
section; and
c. Is placed onto a permanent under floor
support system in accordance with approved installation
standards, as specified in section 21-175; and
d. Is placed onto a permanent perimeter
enclosure, in accordance with approved installation standards, as
specified in section 21-175; and
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e. Has wheels, axles and hitch mechanisms
removed; and
f. Has siding material of a type customarily
used on site-constructed homes, as specified in section 21-176;
and
g. Has roofing material of a type customarily
used on site-constructed homes, as specified in section 21-177 .
(78) Mobile home means any vehicle or portable
structure designed for long-term occupancy, containing sleeping
accommodations, a flush toilet, a bathtub or shower, kitchen
facilities and plumbing and electrical connections providing for
attachment to outside systems; designed to be transported after
fabrication on its own wheels, flatbed truck, other trailer or
detachable wheels; which, when arriving at the site where it is
to be occupied as a complete dwelling unit, including major
appliances, is ready for occupancy except for minor and
incidental unpacking and assembly operation, located on
foundation supports, and is connected to external utilities and
electrical system. Mobile home does not include a modular home
or manufactured home, Type A.
(79) Mobile home park means a parcel of land in single
ownership which has been developed with all necessary facilities
and services in accordance with a site development plan meeting
all the requirements of this chapter and which is intended for
the express purpose of providing a satisfying living environment
for mobile home residents on a long-term basis .
(80) Mobile home park lot means a designated site
within a mobile home park for the exclusive use of the occupants
of a single mobile home.
(81) Mobile home subdivision lot means a designated
site within a mobile home subdivision for the exclusive use of
the occupants of a single-family dwelling unit .
(82) Mobile home subdivision means a parcel of land
developed under single ownership but where lots are sold for use
of single-family dwellings and where either public utilities are
provided or utilities are provided by management for a service
charge.
(83) Modern accouterments mean all fixed external
antennae.
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(84) Modular home means a dwelling, designed and built
in a factory for installation or assembly at the building site,
and which bears a seal certifying that it was built in compliance
with Indiana Public Law 360, Acts of 1971, as promulgated by the
Indiana Administrative Building Council .
(85) Natural Resources Commission means the Natural
Resources Commission of the State of Indiana.
(86) National Manufactured Housing Construction and
Safety Standards Code means Title VI of the 1974 Housing and
Community Development Act (42 U.S .C. 5401 et seq. ) , as amended
(previously known as the National Mobile Home Construction and
Safety Act) , rules and regulations adopted thereunder, which
include information supplied by the home manufacturer stamped
approved by the U.S . Department of Housing and Urban Development
pursuant to HUD rules, and regulations and interpretations of
such code by the Indiana Department of Fire and Building
Services .
(87) Neighborhood Development Committee means an
advisory committee to the Historic Preservation Commission
established under the provisions of this chapter.
(88) Occupancy means the use to which a building or
premises is devoted.
(89) Occupied space means the total area of earth
horizontally covered by the structure, excluding accessory
structures, such as, but not limited to garages, patios and
porches .
(90) Off-street parking space means a suitably surfaced
area provided for the off-street parking of vehicles . Such
spaces shall be a useable area containing a minimum of one
hundred eighty (180) square feet, having at least dimensions of
nine (9) by twenty (20) feet . Aisle, access or maneuvering space
shall not be included in the minimum useable area.
(91) One- and Two-Family Dwelling Code means the
nationally recognized model building code prepared by the Council
of American Building Officials, adopted by the Indiana Department
of Fire and Building Services .
(92) Open space means those spaces useable for outdoor
recreational living and household uses normally carried on
outdoors; which are not devoted to nonhousehold uses, vehicular
use or parking; which are open to the sky; which, if above grade,
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are structurally sound and adequately surfaced and protected; and
which are accessible to all occupants of the dwelling unit or
units for whom the space is required.
(93) Permanent perimeter enclosure means a permanent
perimeter structural system completely enclosing the space
between the floor joists of the home and the ground.
(94) Place means an open, unoccupied space, other than
a street or alley, permanently reserved for purpose of access to
abutting property.
(95) Planned residential development means a tract of
land under single ownership or control, which is to be developed
as a unit, according to an overall development plan and which
complies with the intent and requirements of this chapter
regarding such developments .
(96) Pool hall or billiard hall means any establishment .
which keeps, maintains or operates for hire on the premises four
(4) or more pool or billiard tables .
(95a) (97) Recycling drop off center means a facility,
open to the public, where household recyclables are collected for
transfer to a processing center or markets . Recyclables include
glass, plastic, newspapers, other paper products, cans,
cardboard, styrofoam and other types of plastics, but shall not
include hazardous waste, motor oils, and fuels. A recycling drop
off center may also include a facility for the collection of used
clothing and household goods . Such used goods must be stored in
an enclosed structure.
(95b) (98) Recycling processing center means a building
or enclosed space used for the collection, processing, and
storage of recyclable materials .
(9G) (99) Redevelopment project area means those areas
of the City adopted by the South Bend Redevelopment Commission
for redevelopment, known also as development areas .
(9G . 1) (100) School shall have the definition set forth
in Indiana Code Title 20, as it may be amended from time to time.
(97) (101) Screen, effective means a wall, fence, earth
berm, landscaping material or combination thereof placed in such
a manner that an individual standing on the adjacent property
will not be able to see through the screening material during any
season of the year.
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(98) (102) Section, when used in regard to a
manufactured home, means a component of a manufactured home, Type
A, which is at least twelve (12) body feet in width and thirty
(30) body feet in length, and which does not by itself constitute
a dwelling unit .
(98 . 1) (103) Semi-nude means a state of dress in which
clothing covers no more than the human bare buttock, anus, male
genitals, female genitals, or female breast without a fully
opaque complete covering of the breast below a point immediately
above the top of the areola, or human male genitals in a
discernibly turgid state even if completely and opaquely covered.
(99) (104) Setback means those minimum horizontal
distances between the property line and the lines of the
building, or any projection thereof, excluding steps, unenclosed
porches and sun parlors .
(100) (105) Sign means a structure, including the frame
and supports of such containing any printed text, pictorial
representation, emblem or other object, and which is used to
identify, instruct, attract, guide or advertise.
a. Major categories: For the purpose of this
chapter, uses of signs shall be identified as follows :
1 . Development sign: A temporary
construction sign denoting the architect, engineer, contractor,
subcontractor, financier, or sponsor of a development and
designating the future occupant or use of the development .
2 . Directional sign: A sign of eight (8)
square feet or less and containing information relative to the
location, distance to, entrance and exit from structures, sites
or land use activities .
3 . Institutional bulletin: A sign of any
governmental agency, religious group, hospital or school, located
on the premises and bearing only the information related to the
activities conducted on the premises, persons involved or other
such information.
4 . On premises identification sign: A sign
which identifies or advertises the profession, land use activity,
individual, project or service occupying or available on the
premises .
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5 . Outdoor advertising sign: An off-
premises sign which directs attention to businesses, products,
services or establishments not usually conducted on the premises
on which the sign is located and which, for the purposes of this
chapter, shall be considered a principal use.
6 . Public information sign: A sign
containing emergency or legal notices and regulatory information.
7 . Real estate sign: A sign advertising
the fact that the premises on which it is located is for sale,
lease or rent .
8 . Temporary sign: A display,
informational sign, banner or other advertising device with or
without a structural frame, not permanently attached to a
building, structure or the ground, and intended for a limited
period of display, including decorative displays, for holidays or
public demonstrations .
b. Structural types: For the purposes of this
chapter, signs shall be classified according to their structural
type :
1 . Facia sign: A single-face sign which is
in any manner attached or affixed to an exterior wall of a
building or structure or mounted above or below a canopy and
which projects no more than eighteen (18) inches from and does
not extend more than six (6) inches above the parapet line, eaves
or building facade. Individual letters, in addition to the "box-
type" sign, may also be installed as a facia sign.
2 . Flashing sign: An illuminated sign on
which the artificial light is not maintained stationary or
constant in intensity or color.
3 . Freestanding sign: A sign supported by
one or more uprights, poles, columns or braces placed in or upon
the ground surface and not attached to any building or structure.
4 . Illuminated sign: A sign illuminated by
gas, electricity or other artificial light, including reflective
or phosphorescent light .
5 . Marquee or canopy sign: A sign attached
or applied below a marquee, canopy, awning or other rooflike
structure .
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6 . Multi-face sign: A sign more than one
side of which is visible. A "V-type" sign shall be considered a
multi-face sign, provided the least angle of intersection does
not exceed ninety (90) degrees .
7 . Portable sign: A freestanding sign not
permanently anchored or secured to either a building or the
ground.
8 . Projecting sign: A multi-face sign,
end-mounted to an exterior wall of a building or structure and
which projects out from the wall more than eighteen (18) inches .
9 . Roof-mount sign: A sign erected wholly
upon or over a roof of any building.
10 . Single-face sign: A sign only one (1)
side of which is visible.
(101) (106) Site-constructed home means a dwelling,
primarily constructed on the site where it is to be occupied,
meeting the building codes in effect at the time of construction.
(101a) (107) Site plan committee means the Committee of
the Area Plan Commission responsible for determining whether a
site plan complies with certain portions of this Chapter.
(102) (108) Specified anatomical areas means and
includes the following:
a. Less than completely and opaquely covered:
(1) human genitals, pubic region, (2) buttock and (3) female
breast below a point immediately above the top of the areola;
b. Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
(103) (109) Specified sexual activities means and
includes any of the following:
a. Human genitals in a state of sexual
stimulation or arousal;
b. Acts of human masturbation, actual or
simulated, sexual intercourse, actual or simulated, oral
copulation or sodomy; or
18
c . Fondling or other erotic touching of human
genitals, pubic region, buttock, anus, or female breast;
d. Excretory functions as part of or in
connection with any of the activities set forth in subsections a.
through c. above.
(104) (110) Staff means the Department of Code
Enforcement which includes the Building Commissioner.
(105) (111) Story means the portion of a building
between the surface of any floor and the surface of the floor
above, or if there be [is] no floor above it, to the ceiling next
above.
(10G) (112) Story, half, means a story under a gable,
gambrel or hip roof, the wall plates of which on at least two (2)
opposite exterior walls, are not more than two (2) feet above the
floor of such story.
(107) (113) Street means a public thoroughfare more
than sixteen (16) feet wide which affords the principal access to
the abutting property.
(108) (114) Structure means an edifice of any kind, or
any piece of work artificially built up or composed of parts
joined together in some definite manner.
(103) (115) Structural alteration means any change in
the supporting members of a building such as bearing walls,
columns, beams or girders, but does not include remodeling or
cosmetic repairs which do not affect supporting members of a
building.
(110) Reserved.
(111) (116) Sun parlor means a glass-enclosed porch.
(112) (117) Wagering, off-track pari-mutuel facility
means a location, other than a racetrack, authorized by the
Indiana Horse Racing Commission at which pari-mutuel wagering is
conducted.
(113) (118) Yard means an open space, other than a
courtyard, on the same lot with a building and unobstructed from
the ground upward, except as otherwise provided herein.
19
(114) (119) Yard, rear means a yard extending across
the full width of the lot between the rear line of the building
and the rear lot line .
(115) (120) Yard, side means a yard between the
building and the side line of the lot .
SECTION II . Chapter 21, Article 2, Section 21-18,
subsection (c) shall be, and hereby is, amended to read as
follows :
(c) In order to promote the use of the downtown and East
Bank area as a regional retail business and convention center,
any Class A cabaret or restaurant which sells beer or
intoxicating liquor for consumption on the premises, any pool
hall or billiard hall, or a and any wagering, off-track pari-
mutuel wagering facility is exempt, for the purpose of this
chapter, from the locational restrictions in section 21-18 (b)
herein, in the area bounded by a line drawn as follows:
Beginning at a point formed by the intersection of the north
right-of-way line of Madison Avenue and the west right-of-way
line of William Street; thence south along the west right-of-way
line of William Street to the first alley south of Western
Avenue; thence west along said alley to the west right-of-way
line of Taylor Street; thence south along said right-of-way to
the north right-of-way line of South Street; thence east along
said right-of-way to the west right-of-way line of William
Street; thence south along said right-of-way, extended to the
south right-of-way of the Conrail property; thence southeasterly
along said right-of-way to the west right-of-way of Lafayette
Boulevard; thence north along said right-of-way to the south
right-of-way line of Monroe Street; thence east along said right-
of-way to the southwest right-of-way line of Lincolnway East;
thence southeasterly along said right-of-way to the southeast
right-of-way line of the portion of Monroe Street between
Lincolnway East and the St . Joseph River; thence northeasterly
along said right-of-way to its intersection with the centerline
of the St . Joseph River; thence northwesterly along said
centerline to the north right-of-way line of Jefferson Boulevard;
thence east along said right-of-way to the first alley east of
Niles Avenue; thence north along said alley, extended, to the
north right-of-way line, extended, of Sorin Street; thence west
along said right-of-way to the east right-of-way line of Niles
Avenue; thence north along said right-of-way to the second alley
north of Sorin Street; thence west along said alley, extended, to
the centerline of the St . Joseph River; thence southwesterly
along said centerline to the north right-of-way line, extended,
20
of Madison Avenue; thence west along said right-of-way to the
west right-of-way line of William Street, which is the point of
beginning all in the City of South Bend, St . Joseph County, State
of Indiana.
SECTION III . 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 as required by law.
Member of the Common Cou it
21
/ Filed In Mark's Office
1st READING ��/D' Cl
/ j
PUBLIC HEARING --9�
3rd READING g��z '96 I AUG $ - 1996
NOT APPROVED
REFERRED LORETTAJ. DUDA
PASSED 8-/2 —9( ,45 niail)C-D CITY CLERIC,SO.BEND,IN.
COMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee
to whom was referred
BILL NO.
45-96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 21 OF THE MUNICIPAL CODE TO
DEFINE POOL HALLS OR BILLIARD HALLS AND TO ALLOW FOR THE
PROMOTION OF POOL HALLS OR BILLIARD HALLS IN THE DOWNTOWN
AND EAST BANK AREAS, WITHOUT THE LOCATIONAL RESTRICTIONS
OF SECTION 21-18(b)
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