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HomeMy WebLinkAboutAmending Chapter 21 Arcades as a use Permissible Regional Centers within C2 Districts ORDINANCE No. 8683-96 Passed by the Common Council of the City of South Bend, Indiana. June 10, �9 96 Attest: L1�/t SAY City Clerk LORE ' A J. DIiTAA-74 Attest: / President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana June 11, 96 19 MOW - • _1 City Clerk LORETTA J. DUs Approved and signed by me fie7nf /1 Mayor ORDINANCE NO. 3 .(":3-:45 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE MUNICIPAL CODE TO INCLUDE ARCADES AS A USE WHICH IS PERMISSIBLE IN COMMUNITY CENTERS AND REGIONAL CENTERS WITHIN "C2" DISTRICTS STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 21 of the Municipal Code to include Arcades as a use which is permissible in Community Centers and Regional Centers within "C2" Districts . SECTION I . Chapter 21, Article 2, Division 9, of the South Bend Municipal Code shall be, and hereby is, amended to read as follows : Sec. 21-23. "C-2" District; uses permitted. (a) Neighborhood center: ( 1) Appliance repair shops . ( 2) Bakeries (maximum of five (5) operating employees) . ( 3) Banks . ( 4) Barbershops . ( 5) Beauty shops . ( 6) Bicycle sales and repair shops . ( 7) Books and newspaper sales. ( 8) Candy stores . ( 9) Clothing and clothing accessories stores . (10) Delicatessens . (11) Dressmaker-tailor shops . (12) Dry cleaners, pickup and self-service (not more than five (5) operating employees) . (13) Dry goods stores . (14) Drugstores . (15) Five-and-ten-cent stores . (16) Flower shops . (17) Gift shops . (18) Groceries . (19) Hardware stores . (20) Hobby and toy stores . (21) Ice cream parlors . (22) Ice storage (not more than five-ton capacity) . (23) Jewelry sales and repair stores . (24) Key shops . (25) Laundromats, self-service (not more than five (5) operating employees) . (26) Laundries, pick-up (not more than five (5) operating employees) . (27) Magazine sales . (28) Meat markets . (29) Medical clinics and offices . (30) Milliners (31) Paint and wallpaper stores . (32) Package liquor stores . (33) Photographic and art equipment sales . (34) Radio-TV service and repair shops . (34a) Recycling drop off center (35) Family restaurants . (36) Shoe repair shops . (37) Shoestores . (38) Sporting goods stores (Primary use is sale of new equipment) . (39) Stationery stores . (40) Tobacconists shops . (41) Tool stores (small tools rental and service store) . (42) Variety and drygoods stores . (43) Accessory building and uses customarily incidental to any of the above uses, unless otherwise restricted by the provisions of Division 13 of this article or of section 21- 84 (a) (8) , (11) . (b) Community center: ( 1) All uses permitted in neighborhood center. ( 2) Amusement Arcades . ( 2) ( 3) Automobile accessory stores . ( 3) ( 4). Cold storage lockers. ( 4) ( 5) Department stores . ( 5) ( 6) Discount centers . ( G) ( 7) Floor covering sales rooms . ( 7) ( 8) Furniture stores (primary use is sale of new furniture. ( 8) ( 9) Garden center and patio stores . ( 9) (10) Home appliances (primary use is sale of new appliances) . (10) (11) Interior decorating shop. (11) (12) Musical instrument sales (primary use is sale of new instruments) . 2 (12) (13) Office supply stores (primary use is sale of new office equipment) . (13) (14) Offices, general . (14) (15) Photographic studios . (15) (16) Supermarkets . (1G) (17) Accessory building and uses customarily incidental to any of the above uses, unless otherwise restricted by the provisions of Division 13 of this article or of section 21-84 (a) (8) , (11) . (c) Regional center: ( 1) All uses permitted in neighborhood and community centers . ( 2) Auto service centers . ( 3) Bowling alleys . ( 4) Establishments for the sale of beer or intoxicating liquor for consumption on the premises . ( 5) Gasoline sales and other related petroleum products. ( 6) Indoor theatres . ( 7) Accessory building and uses customarily incidental to any of the above uses, unless otherwise restricted by the provisions of Division 13 of this article or of section 21- 84 (a) (8) , (11) . (d) Interpretation. Uses which are uncertain in their classification under the foregoing headings shall be reviewed by the Board of Zoning Appeals and the interpretation of the Board shall govern. SECTION II . 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 3 Filed in Clerk's Office Tst Qk�, r;_ "i; pusL: Lo ra 6—%0-9, 3rd F;' MAY Z 1 1996 NOT; ED R`P I7 LORETTAJ. DUDA q c` �}� _ �/ CITY CLERK,SO.BEND,IN. �ij /69_. ! /5 3' ,:4 � v ' ,5085777-0776A7 COMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee to whom was referred BILL NO. 33-96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE MUNICIPAL CODE TO INCLUDE ARCADES AS A USE WHICH IS PERMISSIBLE IN COMMUNITY CENTERS AND REGIONAL CENTERS WITHIN C2 DISTRICTS 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 r f., L Rso ST JOSEPH COUNTY/SOUTH BEND '��,,+4 goUTH e WA. of/tc ! � r''ss BUILDING DEPARTMENT ,��'e\-\\ �;; \ x.., s ' /, '; = 'y ° 205 W.Jefferson Blvd. =V ���� fll� 1J 2_ Suite 100 w �, , rrACM <l.a, ; s South Bend,IN 46601 'A \ j \o,,,,,„ � ,, c.r (219)235-9554 \� rE a r -, :' T t TDD 219-235-5567 '�-max `1865 y�' y�" �* FAX 219-235-5541 ' : JAMES D.MARKLE,R.A. DONALD F.FOZO,C.B.O. ROBERT M.NAGLE Asst.Bldg.Commissioner BUILDING COMMISSIONER Asst.Zoning Administrator April 16, 1996 Mr. Roland Kelly, President Common Council 4th Floor, County-City Bldg. South Bend, IN 46601 Re: An Ordinance of the Common Council of the City of South Bend, Indiana, Amending Chapter 21 of the Municipal Code to Include Arcades Within C2 Districts Dear Council Member Kelly: I am attaching for filing the above referenced proposed ordinance. The purpose of the ordinance is to amend Chapter 21 of the South Bend Municipal Code to allow the placement of arcades within C2 districts. As you may be aware, some businesses are interested in placing arcades in Scottsdale. Under the Section 21-23 (b) such businesses could not be placed in the mall without the amendment. Your favorable consideration is respectfully requested. Sincerely, /40! /fri -02,0( . Donald F. Fozo, C.B.O. Building Commissioner ACS/pjh Attachment Filed its aie;ic"� Office MAY 0 8 1996 LOIIETT*J. DU DA CITY CUM,SO.BEND,N. • 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 May 22, 1996 The Honorable Common Council City of South Bend 216 Trigon Bldg. South Bend, IN 46601 RE: A proposed ordinance initiated by the Common Council of the City of South Bend, Indiana, amending Chapter 21 of the Municipal Code to include arcades as a use which is permissible in community centers and regional centers within "C-2" District. - APC #1718-96 Dear Council Members: The above referenced ordinance of was legally advertised on May 9, 1996. The Area Plan Commission at its public hearing on May 21, 1996, took the following action: Upon a motion by John Leszczynski, being seconded by Henry Keultjes and unanimously carried, the proposed ordinance initiated by the Common Council of the City of South Bend, Indiana, amending Chapter 21 of the Municipal Code to include arcades as a use which is permissible in community centers and regional centers within "C-2" District, is sent to the Common Council with a favorable recommendation. Arcades are an appropriate use in the "C-2" Planned Shopping Center District, within community and regional centers. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Sincerely, 'ichard S. Johnson RSJ:sr Attachment Filed In Clerk's Office [IFET1 LO :3. rfi4t F CITY CLERX,3's.E.,,2.+,. Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN STAFF REPORT May 13, 1996 1718-96 Location: City of South Bend REQUESTED ACTION: This is a Common Council initiated petition to amend the South Bend Zoning Ordinance to add amusement arcades as permitted uses in the "C-2" Planned Shopping Center Zoning District. Amusement arcades will be permitted in Community and Regional centers. •