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Home My WebLink About8622-95 Amending Chapter 21 Zoning Municipal Cade Amending Section 21-18 ORDINANCE No. R622-95 Passed by the Common Council of the City of South Bend, Indiana. September 25, ig 95 Attest: -' /C City Clerk IRENE K. GAMMON Attest: _ —e `s President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana _. September 26, 1995 `�`.�.__�°� _ "n—"�.° ✓ City Clerk IRENE K. GAMMON Approved and signed by me q7(99 Ig95— C:17o/e-ygz4— Mayor ORDINANCE NO. �O.22-95- AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA BY AMENDING SECTION 21-18, ENTITLED "C" COMMERCIAL DISTRICT; USES PERMITTED STATEMENT OF PURPOSE AND INTENT Section 21-18 of Chapter 21 of the South Bend Municipal Code presently provides that no building or premises may be used and no building may be erected, moved, or structurally altered or enlarged for any adult business use within five hundred (500) feet of any residential use district within the City of South Bend. However, there are many single family, two-family, and multi-family dwellings which are legal nonconforming uses located within non- residential use districts . The properties are unprotected by the restrictions of Section 21-18 . The Common Council of the City of South Bend has determined that the location of adult businesses within close proximity to residential dwellings has a detrimental effect on such dwellings and persons residing therein and that the location of such establishments in close proximity to each other has a detrimental effect on the surrounding neighborhood. It is lawful for a municipality to use its police power to protect its neighborhoods and residential uses from the deleterious effects of adult businesses . It is recognized that detrimental effects of adult businesses affect homes in all zoning districts whether conforming or nonconforming. The Common Council desires to prevent these adverse effects stemming from the location of adult businesses and protect the health, safety, and welfare of the citizenry and preserve and protect the integrity of and property values of surrounding residential uses. The Common Council has determined it is necessary to amend Chapter 21 of the South Bend Municipal Code to prohibit the establishment of any adult business within five hundred (500) feet of any legal nonconforming residential uses . NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows : Section I . That Chapter 21, entitled Zoning, Article 2, Use District Regulations, Section 21-18 of the Municipal Code of the City of South Bend, Indiana, is amended by redesignating Section 21-18 (e) regarding Gun and Gunsmith Shops Prohibited in Certain Areas as Section 21-18 (f) of the South Bend Municipal Code. Section II . That Chapter 21, entitled Zoning, Article 2, Use District Regulations, Section 21-18 of the Municipal Code of the City of South Bend, Indiana, is amended by adding a new subsection to read as follows : Section 21-18 (e) . No building or premises may be used and no building may be erected, moved, structurally altered or enlarged for any adult business use within five hundred (500) feet of any boundary of any lot being lawfully used, entirely or in part, as either a single family, two-family, or multi-family dwelling. SECTION III . This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. �c /} (lammtttrt Rood Olo the Qlmmmwn Ulounril of the Olitg of'nn ll Your Committee of the Whole to whom was referred BILL NO. 49-95 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA BY AMENDING SECTION 21-18, ENTITLED "C" COMMERCIAL DISTRICT; USES PERMITTED Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable, as amended by substitution. Cleo Washington, Chairman FREE PRESS 0SIEWS PUBLISHING CO. 4EA .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 September 20, 1995 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance initiated by the Common Council, amending and supplementing Chapter 21, Zoning, of the Municipal Code of the City of South Bend, Indiana by amending Section 21-18, entitled "C" Commercial District; revising the regulation of adult business uses. - APC #1686-95 Dear Council Members: The above referenced ordinance initiated by the Common Council was legally advertised on September 7, 1995. The Area Plan Commission at its public hearing on September 19, 1995, took the following action: Upon a motion by Lee Slavinskas, being seconded by Henry Keultjes and unanimously carried, the proposed ordinance initiated by the Common Council, amending and supplementing Chapter 21, Zoning, of the Municipal Code of the City of South Bend, Indiana by amending Section 21-18, entitled "C" Commercial District; revising the regulation of adult business uses, is sent to the Common Council with a favorable recommendation. In the Commission's opinion, prohibiting adult business uses from locating near residential uses is a desirable and reasonable land use control. 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, "—Richard S. JohnsoE- RSJ:sr Attachment Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN 4 STAFF REPORT September 11, 1995 Common Council Initiated 1686-95 City of South Bend REOUESTED ACTION: This is a Common Council initiated petition to amend the City's Zoning Ordinance to regulate the location of any adult business use within five hundred (500) feet of any legal nonconforming residential use. Previously, the zoning ordinance controlled adult business uses within five-hundred (500) feet of residential districts. Ho4wever, the single family, two-family, and multi-family dwellings which are legal non-conforming uses located within non-residential use districts are currently unprotected. The proposed ordinance will prohibit the expansion or establishment of any adult business uses within five hundred (500) feet of any legal residential uses. The proposal will not change the existing ordinance that prohibits the location of adult businesses within five hundred (500) feet of a residential zoning district.