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HomeMy WebLinkAbout8608-95 Amending Chapter 21 Zoning regulations Gambling Games & Related Activities e t , f ORDINANCE No. 8608-95 Passed by the Common Council of the City of South Bend, Indiana_ July 10, iq 95 Attest: City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— July 11, �9 95 City Clerk IRENE K. GAMMON Approved and signed by me -7/l 7 '995 a Mayor 1 • , ' 1 BILL NO. 26-95 �i ORDINANCE NO. $6oD -`7 n, S AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING ZONING REGULATIONS ADDRESSING GAMBLING GAMES AND RELATED ACTIVITIES. STATEMENT OF PURPOSE AND INTENT On November 14, 1994 the South Bend Common Council passed Ordinance No. 8548-94 which added zoning regulations dealing with wagering, off-track pari-mutuel facilities, race tracks and other activities authorized by the Indiana Horse Racing Commission. That Ordinance set forth regulations for such activities in"C" Commercial and"D"Light Industrial Zoning Districts. Due to the regional markets, the hours of operation, and the amount and type of vehicular traffic which would be generated, it was determined that additional development and locational standards over and above those of other commercial uses and industrial uses would be required and established. The Common Council,in cooperation with the Area Plan Commission, believes that similar concerns are raised with regard to casinos and establishments which have gambling games and their related activates.Accordingly,it is believed that zoning standards cognizant of the highest and best land usage and their effect on the surrounding neighborhoods are again of paramount public importance. The City believes that it should promote the public health, safety , and general welfare of the City through zoning regulations. It is believed that the following zoning regulations meet those objectives. 1Ploly, tbtrtfort, bt it ortraitttb by tfpz Common (outtuiU of tilt City of ioutll WO, Sttbiatta, as follows: Section I. Chapter 21,Article 1 Section 21-1 of the Municipal Code of the City of South Bend,Indiana, is amended by adding the following definition in alphabetical order to that section: Sec. 21-1. Definitions. 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. 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 & 4-32-1 are not considered gambling games addressed by this ordinance. Casino shall mean a building, facility or room where any gambling games as defined herein are conducted. 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 Section 4-33-2-9, as it may be amended from time to time. Section II. Chapter 21,Article 1, Section 21-1 (a) (31)of the Municipal Code of the City of South Bend, Indiana,is amended to read as follows: (a) (31) C 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 rdeleterinnc fart nnnn ardiarent areac° and chall in/Am-1p tha fn11nmina• Page 2 e. Pawn shop; f. Pool or billiard hall; g.Public dance hall; and h. Off-track pari-mutuel wagering facility; and i. Casinos, approved hotels, and all other areas where gambling games are conducted. Section III. Section 21-117.06 is hereby amended to read a follows: Section 21-117.06 Exception in"C"Commercial, and"D"Light Industrial Districts. (a)The following exceptions may be permitted in the"C"Commercial,and"D"Light Industrial Districts: (1) Off-track pari-mutuel wagering facility, approved hotels,casinos/or buildings wherein gambling games are conducted, provided that in addition to the Height and Area Regulations of Article 4 of the following are complied with. In the case of conflicting regulations the more restrictive shall apply. (a)Minimum floor area of a principle building shall be 6,000 square feet. (b)The lot shall have direct access from an arterial street, as determined by the Board of Public Works. (c)In addition to the regulations set forth in ARTICLE 5. OFF-STREET PARKING AND LOADING FACILI I11ES the following landscaping and screening requirements shall apply. (1) Off-street parking, associated drives and maneuvering areas shall not be located less than twenty (20)feet from any side or rear lot line. (2)Except for entrance drives and walks, an off-street parking facility that may be viewed from a public street shall be screened by a 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 public street. (3)All security fencing shall be effectively screened. (d)An off-track pari-mutuel wagering facility,approved hotels, casinos,or buildings wherein gambling games are conducted,shall not be located within one thousand (1,000)feet of any property lines of any two (2) controlled uses, as defined in Section 21-1 (a) (31). (e)An off-track pari-mutuel wagering facility,approved hotels, casinos.or buildings wherein gambling games are conducted,shall not be located within five hundred (500)feet of any residential zoning district in St. Joseph County, any municipality in the County or the City of South bend. (f)In addition to Sign Regulations of Article 10,only the following signs shall be permitted. In case of conflicting regulations the more restrictive shall apply. (1)All signs permitted in the"A"Residential District. (2)One on-premise,freestanding monument type sign per primary building provided that: i. The sign does not exceed sixty-four(64) square feet in area; ii. The top of the sign does not exceed four(4)feet above ground. iii. The sign meets the setback requirements of Section 21-169; and „ , -, t 1• Page 3, Section IV. 1. Section 21-89 (a)is hereby amended to include the following: Use. Parking Spaces. Off-track pari-mutuel 1 per each employee wagering facility plus 1 per 3 persons based upon the maximum number of persons that can be accommodated at the same time in accordance with the design capacity. Casinos, approved hotels 1 per each employee or buildings wherein gambling plus 1 per 3 persons based upon the maximum games are conducted. number of persons that can be accommodated at the same time in accordance with the design capacity. 2. That part of section 21-90 (a)which presently reads: Retail, service repair establishments,restaurants Be amended as follows to read as follows: Retail, service repair establishments,restaurants and off-track pari-mutuel wagering facility,casinos,or buildings wherein gambling games are conducted. Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approved by the Mayor and legal publication. _ Mery Wmmon Council t t Qinntnttatt Nol Ito tie Comm Mounril of r (Mtn of iirPoutll �3rnd: of the Whole Your Committee to whom was referred BILL NO. 26-95 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING ZONING REGULATIONS ADDRESSING GAMBLING GAMES AND RELATED ACTIVITIES 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 'SpUT$8'• 4 ,v` I':///;l'''b\ City of South Bend Common Council „�',` •L,r County-City Building•South Bend,Indiana 46601 1865 (219)235-9321 Fax(219)235-9173 TDD(219)235-5567 Eugene Ladewski President Loretta Duda Vice-President Cleo Washington May 3, 1995 Chairperson, Committee of the Whole Members of the Common Council 4th Floor County City Building Stephen Luecke South Bend, IN 46601 First District RE: Zoning Regulations Addressing Casinos Cleo Washington and Other Gambling Game Establishments Second District Roland Kelly Dear Council Members: Third District On November 14th of last year, the South Bend Common Council Ann Puzzello passed Ordinance No. 8548-94 which added zoning regulations dealing with Fourth District wagering,off-track pari-mutuel facilities and race tracks. It was determined that. the public health, safety and general welfare of our community needed Linas Slavinskas protection through proper zoning regulations.A similar concern has been raised Fifth District with the ongoing state wide discussions of casinos and other gambling game establishments, which may be attracted to the state of Indiana and in particular Thomas Zakrzewski within our city boundaries. I have initiated discussions with the Area Plan Staff Sixth District on appropriate zoning regulations which would be in the same spirit as last year's zoning ordinance. Sean Coleman At Large The attached ordinance would amend Chapter 21 dealing with zoning Loretta Duda regulations. I believe that these zoning regulations are in the best interest of the At Large City, and are appropriate for proper land use management. Eugene Ladewski I am requesting that this proposed ordinance be sent to the Zoning and At Large Annexation Committee for review and discussion. I welcome your input on this important community legisation.Thank you. Kathleen Cekanski-Farrand Council Attorney Sincerely, Stephen Luecke First District Council Member Attachment 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 \ June 21, 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, as amended, by adding zoning regulations addressing gambling games and related activities - APC #1672-95 Dear Council Members: The above referenced ordinance initiated by the Common Council was legally advertised on June 8, 1995. The Area Plan Commission at its public hearing on June 20, 1995, took the following action: Upon a motion by Bruce Huntington, being seconded by Joseph Serge 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 adding zoning regulations addressing gambling games and related activities, is sent to the Common Council with a favorable recommendation. The ability to regulate the location of establishments offering gambling games and related activities is considered desirable by the Commission. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was the Ordinance legally advertised and heard by the Area Plan Commission. 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. Sincerel, , and S. Johnson RSJ:sr Attachment Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN • • i STAFF REPORT June 12, 1995 Initiated by the Common Council 1672-95 Location: City of South Bend REQUESTED ACTION: This is a Common Council initiated petition to amend the City of South Bend Zoning Ordinance to regulate the location of gambling games and related activities. The proposed ordinance defines the terms approved hotel, casino and gambling game, and establishes these as controlled uses. The proposed ordinance establishes a minimum floor area, regulates street access, signs, parking ratios, and screening of parking areas. The ordinance specifies that these activities cannot be located within 1,000 feet of any property lines for any two controlled uses and cannot be within 500 feet of any residential zoning district.