Loading...
HomeMy WebLinkAbout8515-94 Amending Chapter 21 Zoning Adding new BP Business Park District ORDINANCE No. 8515-94 Passed by the Common Council of the City of South Bend, Indiana. June 27, 19 94 Attest: City Clerk IRENE K. GAMMON /L� /L � Attest: . � • � �� President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana_ June 28, 94 t9 City Clerk IRENE K. GAMMON Approved and signed by me °2"9 ig�� 6,2"/1•47°14-- Mayor • BILL NO. APC NO. ORDINANCE NO. S/.-94 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING A NEW "BP" BUSINESS PARK DISTRICT, AND MAKING CERTAIN OTHER RELATED REVISIONS. 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 in order to promote efficient and orderly land development in the City, the "BP" Business Park District is desirable. 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 2, USE DISTRICT REGULATIONS, DIVISION 1, DISTRICT BOUNDARIES, Section 21-6 Use district regulations; boundaries; use district map, Subsection (a) of the City Code of the City of South Bend, Indiana be amended to read as follows: (a) In order to regulate and restrict the location of trades, callings, industries, commercial enterprises and the location of buildings designed for specified uses, the City is divided into "Use Districts" of which there shall be thirteen (13) known as: "A" Residential District "Al"- Residential District "A-2" Planned Residential Development District. "A-3" Mixed Use Multifamily Residential and Commercial District. "B" Residential District. "B-1" Residential District. "BP" Business Park District "0" Office District "C-1" Commercial District. "C-2" Planned Shopping Center District. "C" Commercial District. "D" Light Industrial District. "E" Heavy Industrial District. Section 2: That CHAPTER 21, ZONING, ARTICLE 2, USE DISTRICT REGULATIONS, be further amended by adding a new DIVISION 6.5 to read as follows: DIVISION 6.5. "BP" BUSINESS PARK DISTRICT Sec. 21-17.5.1. "BP" Business Park; intent of district. (a) The "BP" Business Park district is intended for the development of an attractive environment to enable the community to attract new businesses and jobs, retain existing businesses and their associated jobs, and for the diversification of the local economy by having a ready relocation resource for local businesses. (b) The "BP" Business Park district is not intended for individual sites • (c) Since it is anticipated that the uses in the "BP" Business Park district will generate a considerable amount of truck and automobile traffic, it is intended that the "BP" Business Park districts have good access to the Michiana Regional Airport, U.S.31, the Indiana Toll Road, and the region's highway and arterial street system. Sec. 21-17.5.2. "BP" Business Park District General requirements. (A) The "BP" Business Park District shall be governed by the Height and Area Requirements contained herein and are exempt from the provisions contained in Article 4, Height and Area District Regulations of this Title. (B) All activities associated with permitted uses, except for off-street parking, maneuvering or loading, shall be conducted within completely enclosed buildings. (C) No mining, quarrying, or extracting of any material or product shall be allowed or permitted in the "BP" Business Park district, except for excavations made for the purpose of constructing buildings and improvements. (D) Trash receptacles and dumpsters shall not be located in front of any building and shall be screened so as not be visible from any on-site parking lot, adjoining property or street. (E) Access to property zoned "BP" Business Park shall not be through any residential zoning district or any alley or non-arterial street which is adjacent to any residential district. (F) When a side or rear yard is required to be landscaped to form an effective screen, the landscaping shall be so dense and compact that an individual standing on the adjacent property will not be able to see through the screening material during any season of the year. (G) Outside storage of any products, equipment, or material shall not be permitted. (H) That portion of a "BP" Business Park site not used for buildings, storage, parking, walks, or drives shall be landscaped with grass, groundcovers, trees, shrubs, earth berms, and/or evergreen hedges. Sec. 21-17.5.3. "BP" Business Park District; minimum size of a "BP" Business Park district. (a) The minimum size of a "BP" Business Park Zoning District shall be ten (10) acres. The minimum 10 acres may include the right-of-way of non-arterial streets but may not include the right-of-way of arterial streets. Sec. 21-17.5.4. "BP" Business Park District; uses permitted. (a) In the "BP" Business Park District, buildings or premises may be used and buildings may be erected or structurally altered for the following uses only: (1) Offices. (2) Printing or publishing. (3) Wholesale trades. (4) Electronic equipment and component manufacturing. (5) Measuring, analyzing and controlling instrument manufacturing. (6) Photographic, medical, dental and optical goods manufacturing. (7) Laboratories, medical and dental. (8) Musical instrument and equipment manufacturing. (9) Plastic parts manufacturing. (10) Machine shops. (11) Tool and die shops. • • Sec. 21-17.5.5. "BP" Business Park District; accessory uses. (a) In addition to the permitted uses specified in Section 21-17.5.4, the following shall also be permitted as an accessory use: 1. Warehousing of raw materials, finished goods and goods in process incidental to and located within the same building housing a permitted use. 2. A restaurant or personal service incidental to and located within the same building housing a permitted use, provided the restaurant, personal service or any sign advertising the restaurant or personal service or its location, is not visible from outside the business park. Section 3: Section 21-17.5.6. "BP" Business Park District; height and area regulations. (a) In the "BP" Business Park districts the minimum dimensions of yards and setbacks, the height of buildings, minimum lot area and lot width, and the maximum lot coverage shall be as set forth in this Section. The Height and Area District Regulations as set forth in Article 4, Height and Area District Regulations contained in this title are not applicable to the "BP" Business Park district. Except as provided herein no building shall be erected or structurally altered except in conformity with the regulations below subject to such modifications as may be imposed by the St. Joseph County Airport Authority. (b) Setback requirements for property adjacent to residential districts. Except for screening or landscaping, no improvements of any kind (including parking and drives) shall take place nearer than one hundred (100) feet to any residential zoning district. (c) Maximum height allowed. No building hereafter erected or structurally altered shall exceed thirty-five (35) feet or two and one-half (2%) stories in height. (d) Front yard required. Except as provided by Section 21-17.5.6 (b) , there shall be a front yard of not less than forty (40) feet in depth. (e) Side yard required. Except as provided by Section 21-17.5.6 (b) , side yards shall be provided as follows: 1. Not less than forty (40) feet when adjoining a street; and 2. Not less than twenty (20) feet when adjoining an interior lot line. (f) Rear yard required. Except as provided by Section 21-17.5.6 (b) , there shall be a rear yard of not be less than twenty (20) feet in depth. (g) Lot area. The minimum lot area shall be two (2) acres. (h) Lot width. The minimum lot width shall be thirty-five (35) feet. (i) Lot coverage, restricted. No building shall be erected or increased in ground area so that more than forty (40) percent of the lot will be covered. Section 4: Sec. 21-17.5.7. "BP" Business Park District: off-street parking and loading facilities, and landscaping and screening requirements. In addition to the regulations set forth in ARTICLE 5. OFF-STREET PARKING AND LOADING FACILITIES the following shall apply. In case of conflicting regulations the more restrictive shall apply. • than twenty (20) feet from any rear lot line. (c) 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 the public street. (d) An off-street parking facility, including entrance drives, located on a lot which adjoins a residential district, including a residential district separated by a dedicated alley, shall be landscaped with grass, groundcovers, trees, earth berm, evergreen hedge, an on-site building and/or shrubbery to form an effective screening of the off-street parking facility and any associated driveways from adjoining residential districts. An ornamental, decorative fence or masonry wall may be used in conjunction with the landscaping. Any landscaping, wall, or berm provided to satisfy this requirement shall be established and maintained at a height of not less than five feet nor more than eight feet to restrict the view of parked vehicles. Section 5: That CHAPTER 21, ZONING, ARTICLE 10. SIGN REGULATIONS of CHAPTER 21 ZONING be amended by adding a new section 21-170 (3.5) to read as follows: (21-170.3.5) "BP" Business Park district: (a) All signs permitted in the "A" Residential District. (b) One on-premise, freestanding monument type sign per primary building provided that: 1. The sign does not exceed sixty-four (64) square feet in area; 2. The top of the sign does not exceed four (4) feet above grade; 3. The sign meets the setback requirements of Section 21-169; and (c) One marquee or canopy sign per primary building provided that: 1. The sign does not exceed sixty-four (64) square feet in area; 2. The sign meets the requirements of 21.169(d) . (d) Fascia signs provided that the signs do not exceed sixty-four (64) square feet in area; and (e) The total size of all the signs shall not exceed one hundred twenty-eight (128) square feet. [ (b)+(c)+(d)=128 sq.ft.] Section 6: That CHAPTER 21, ARTICLE 10, SIGN REGULATIONS be amended by adding a new section 21-171.5 to read as follows: Sec. 21-171.5. SIGNS EXPRESSLY PROHIBITED FROM THE "BP" Business Park district. Because of the unique intent and requirements of the "BP" Business Park district certain signs have been determined to be detrimental to the "BP" Business Park district. (a) The following signs are expressly prohibited from the "BP" Business Park district. 1. Flashing signs, 2. Outdoor advertising signs, 3. Portable signs, 4. Roof-mounted signs, 5. Rotating signs, 6. Temporary signs, and 7. Window signs Section 7: This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal pu• 'ication. req. , Common C.( 7, 1 • (hnmm#tter Report go tip (Comm Ctounril of tip tan of iiroutli of the Whole Your Committee to whom was referred BILL NO. 57-94 PUBLIC HEARING ON A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING A NEW "BP" BUSINESS PARK DISTRICT, AND MAKING CERTAIN OTHER RELATED REVISIONS. Respectfully report that they have examined the matter and that in their opinion bill has been recommended to the Council favorable, as amended, by substitution. Roland Kelly Chairman 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 18, 1994 # 5- 7 - 9' 9' 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, amending and supplementing Chapter 21, Zoning, of the Municipal Code of the City of South Bend, Indiana, as amended, by adding a new "BP" Business Park District, and making certain other related revisions. - APC #1605-94 Dear Council Members: The above referenced ordinance initiated by the Area Plan Commission was legally advertised on May 5, 1994. The Area Plan Commission at its public hearing on May 17, 1994, took the following action: Upon a motion by Bruce Huntington, being seconded by Lee Slavinskas and unanimously carried, the proposed ordinance initiated by the Area Plan Commission, amending and supplementing Chapter 21, Zoning, of the Municipal Code of the City of South Bend, Indiana, as amended, by adding a new "BP" Business Park District, and making certain other related revisions. is sent to the Common Council with a favorable recommendation. 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. Sincerely,_ -0 �A Richard S. John 011°5 RSJ:sr Attachment Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN 4 -./ . STAFF REPORT May 9, 1994 Initiated by the Area Plan Commission 1605-94 Location: City of South Bend REOUESTED ACTION: This is an Area Plan Commission initiated petition to adopt a new Business Park zoning district for the City of South Bend. The new district, entitled "BP" Business Park District, is aimed at providing an attractive campus or park-like setting for new businesses in the Airport 2010 project area, as well as certain other areas throughout the city. The "BP" District contains development standards that are similar to an office park development, but will allow a wider variety of uses, including many light industrial uses. However, the development standards for this district are much more stringent than in the "D" Light Industrial District. The minimum size of a "BP" zoning district will be 10 acres, and the minimum lot size within the district will be 2 acres. Because the businesses located within this district are likely to generate a considerable amount of truck traffic, it is required that "BP" Districts have good access to the area's arterial street system, the Toll Road, and/or the U.S. 20/31 Bypass. Like the "0" Office district that was recently heard by the Commission, the "BP" District will incorporate height, setback, lot width, and lot coverage restrictions within the district regulations, and will not make use of a separate height and area classification. The "BP" District is not intended for freestanding retail commercial establishments. The only retail activities permitted are restaurants and personal services that are located within a building housing a permitted use, and are clearly incidental to and intended to serve only the users of the business park.