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Home My WebLink About8535-94 Zoning - Providing for Recycling Drop Off Centers ORDINANCE No. 8535-94 Passed by the Common Council of the City of South Bend, Indiana. September 26, /9 94 Attest: City Clerk IRENE K. GAMMON Attest: ilLLt �. ` / President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana_ September 27, 94 Ig City Clerk IRENE K. GAMMON Approved and signed by me e,4m„SP/7,27 19- CM74-4/4-2"--444--- Mayor • r ORDINANCE NO. g535- 9q AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ZONING" BY PROVIDING FOR RECYCLING DROP OFF CENTERS 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 recycling drop off centers are a benefit to the citizens of the City. 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 1, GENERAL PROVISIONS, Section 21-1 (a) Definitions, of the Municipal Code of the City of South Bend be amended by adding the following definitions to read as follows: Sec. 21-1. (a) Definitions (95a) 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) Recycling processing center means a building or enclosed space used for the collection, processing, and storage of recyclable materials . Section 2 : THAT CHAPTER 21, ZONING, ARTICLE 2, USE DISTRICT REGULATIONS, DIVISION 2 "A" RESIDENTIAL DISTRICT, be amended as follows : Sec. 21-8 . "A" Residential District; uses permitted. (8) Recycling drop off center as an accessory use to churches, schools, libraries, and hospitals having a parking lot containing not less than twenty (20) parking spaces provided that the area used for the recycling drop off center does not reduce the number of required parking spaces for the principal use as set forth in ARTICLE 5 . OFF-STREET PARKING AND LOADING FACILITIES, of this Chapter. Section 3 : THAT CHAPTER 21, ZONING, ARTICLE 2, USE DISTRICT REGULATIONS, DIVISION 4 .5 . "A-3" Mixed Use Multifamily Residential and Commercial District. Sec. 21 .11. 1 (b) . "A-3" Mixed Use Multifamily Residential and Commercial District, Permitted uses : provided that the area used for the recycling drop off center does not reduce the number of required parking spaces for the principal use as set forth in ARTICLE 5 . OFF-STREET PARKING AND LOADING FACILITIES, of this Chapter. Section 5 : THAT CHAPTER 21, ZONING, ARTICLE 2, USE DISTRICT REGULATIONS, DIVISION 5 . "B" RESIDENTIAL DISTRICT, be amended by adding the following use: Sec. 21-12 . "B" Residential District; uses permitted. (a) (9) Recycling drop off center as an accessory use to churches, schools, hospitals having a parking lot containing not less than twenty (20) parking spaces, or apartment complexes containing twenty (20) or more units, provided that the area used for the recycling drop off center does not reduce the number of required parking spaces for the principal use as set forth in ARTICLE 5 . OFF-STREET PARKING AND LOADING FACILITIES, of this Chapter. Section 6 : THAT CHAPTER 21, ZONING, ARTICLE 2, USE DISTRICT REGULATIONS, DIVISION 6 "B-1" RESIDENTIAL DISTRICT, be amended by adding the following use: Sec. 21-14 . "B-1" Residential District; uses permitted. (a) (5) Recycling drop off center as an accessory use to a mobile home park. Section 7 : THAT CHAPTER 21, ZONING, ARTICLE 2, USE DISTRICT REGULATIONS, DIVISION 7 "C" COMMERCIAL DISTRICT, be amended by adding the following use: Sec. 21-18 . "C" Commercial District; uses permitted. (105a) Recycling drop off centers. Section 8 : THAT CHAPTER 21, ZONING, ARTICLE 2, USE DISTRICT REGULATIONS, DIVISION 9 "C-2" PLANNED SHOPPING CENTER DISTRICT, be amended by adding the following use: Sec. 21-23 . "C-2" District; uses permitted. (a) (34a) Recycling drop off centers . Section 9 : That CHAPTER 21, ZONING, ARTICLE 2, USE DISTRICT REGULATIONS, DIVISION 11, "E" HEAVY INDUSTRIAL DISTRICT , be amended by adding the following use: Sec. 21-36 . "E" District; uses permitted. (b) (26) Recycling processing center. Section 10 : This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and its publication as prescribed by law. Qinmmtttrr Report caiu the flnmmnn commit .af the CV of*until limb: Your Committee of the Whole to whom was referred BILL NO. 70-94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ZONING" BY PROVIDING FOR RECYCLING DROP OFF CENTERS. 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. Chairman Roland Kelly FREE •RERS ASS. PUBLISHING CO. 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 .ef&:&f, " ? 2- 9e July 20, 1994 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance initiated by the Area Plan Commission to Amend Chapter 21, Zoning, of the South Bend Municipal Code to allow recycling drop off centers in various zoning districts. - APC #1617-94 Dear Council Members: The above referenced ordinance initiated by the Area Plan Commission was legally advertised on July 7, 1994. The Area Plan Commission at its public hearing on July 19, 1994, took the following action: Upon a motion by Willie Morgan, being seconded by Charles Landesman and unanimously carried, the proposed ordinance initiated by the Area Plan Commission to Amend Chapter 21, Zoning, of the South Bend Municipal Code to allow recycling drop off centers in various zoning districts, is sent to the Common Council with a favorable recommendation. 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. Sin red , fr � / 14 r/),f----- sober W. Sante RSJ:sr Attachment Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN • s. 1. STAFF REPORT July 11, 1994 Initiated by the Area Plan Commission 1617-94 Location: City of South Bend REQUESTED ACTION: This is an Area Plan Commission initiated petition to add Recycling Drop Off Centers and Recycling Processing Centers to the Zoning Ordinance. A Recycling Drop Off Center will be defined as a facility where household recyclables, not including oils, fuels, or hazardous materials, are collected for transfer to a processing center or markets. A Recycling Processing Center will be defined as a building or enclosed space for the collection, processing, and storage of recyclable materials. Drop Off Centers will be permitted uses within the "C" Commercial, "C-2" Planned Shopping Center, "D" Light Industrial, and "E" Heavy Industrial Districts. They will also be permitted as accessory uses to certain facilities, such as churches, schools, community centers, and large apartment complexes, in the "A", "B", and "B-1" Residential Districts, and the "A-3" Mixed Use District. Recycling Processing Centers will be permitted only within the "E" Heavy Industrial District. In preparing the proposed amendments the Staff worked closely with the Staff of the Solid Waste Management District. The proposed ordinance should facilitate increased levels of recycling while protecting residential areas from any negative impact that the recycling centers may have.