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HomeMy WebLinkAbout8523-94 Amending Chapter 21 Zoning Adding to Making Certain other Revisions Zoning Ordinance 4 . 4 4 , ORDINANCE No. 8523-94 Passed by the Common Council of the City of South Bend, Indiana. July 25, r9 94 Attest: City Clerk IRENE K. GAMMON Attest: A President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— July 26, 94 t9 City Clerk IRENE K. GAMMON Approved and signed by me JIA■i,j_. 7 ig f °`>0 Mayor BILL NO. APC NO. ORDINANCE NO. F50734'4 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING TO AND MAKING CERTAIN OTHER REVISIONS TO THE ZONING ORDINANCE. 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, it is desirable to amend the zoning regulations as they relate to the following: surfacing and screening of parking lots, screening of off-street loading areas and outdoor storage areas, parking in front yards, accessory buildings, and nonconforming buildings and uses . 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, Definitions, subsection (a) (97) , be amended to read as follows : (97) Reserved: Screen, effective means a wall, fence, earth berm, landscaping material or combination thereof placed in such a manner that an individual standing on the adjacent property will not be able to see through the screening material during any season of the year. Section 2 . That CHAPTER 21, ZONING, ARTICLE 5 OFF-STREET PARKING AND LOADING FACILITIES, DIVISION 3, GENERAL PROVISIONS, Section 21-99, Design standards; off-street parking facilities; off-street road surfaces; drive-through facilities, Subsections (c) Surfacing, (g) Screening, and (h) , Parking in required yards be amended to read as follows : (c) Surfacing. All open off-street parking areas containing more-than-four-44}-parking-spaces shall be surfaced with a durable, dust-free cement concrete or let-or-eeld bituminous concrete surface, which meets or exceeds minimum specifications prescribed by the Board of Public Works . (g) Screening. Except as required by Subsection 21-12 .060 (f) , or 21-17 .5 .7 (d) , when off-street parking areas for more than (4) parking spaces are located closer than fifty (50) feet to a lot in a residential district, -er-are-separated.-frem-a let-ix-a-residential-distriet-selely-by-ax-intervening-street; or to any lot upon which there is a dwelling as a permitted use under this chapter, or when such off-street parking areas are located less than 25 feet from a right-of-way which separates the lot from a residential district or from a lot upon which there is a dwelling as a permitted use, and where such parking is not entirely screened visually from such lot by an intervening building or structure, there shall be provided a continuous hedge or a wall or fence and shall be located in accordance with the provisions of section 21-84 (a) (15) . (h) Parking in required front yards. Off-street parking spaces shall not be located in a required front yard or side yard adjoining a street, except as provided in Section 21-12 .060 (a) and 21-12 . 060 (e) . Section 3 . That CHAPTER 21, ZONING, ARTICLE 5 OFF-STREET PARKING AND LOADING FACILITIES, DIVISION 3, GENERAL PROVISIONS, Section 21-100, Design standards; off-street loading facilities be amended by adding thereto: (d) Screening. When off-street loading facilities are located closer than fifty (50) feet to a lot in a residential district, or to any lot upon which there is a dwelling as a permitted use under this chapter, or when such off-street loading areas are located less than 25 feet from a right-of-way which separates the lot from a residential district or from a lot upon which there is a dwelling as a permitted use, and where such loading facility is not entirely screened visually from such lot by an intervening building or structure, there shall be provided a continuous effective visual screen with a height of not less than six (6) feet nor more than eight (8) feet. If located within twenty-five (25) feet of a right-of way line, the screen shall be not less than two and one-half (2%) nor more than three (3) feet in height. Such screen shall consist of a densely planted compact hedge or a wall or fence and shall be located in accordance with the provisions of Section 21-84 (a) (15) . Section 4 . That CHAPTER 21, ZONING, ARTICLE 5 OFF-STREET PARKING AND LOADING FACILITIES, DIVISION 3, GENERAL PROVISIONS be amended by adding thereto the following: Section 21-100 .5, Design standards; outdoor storage areas . (a) Screening. When outdoor storage areas are located on a lot which is adjacent to a residential district, or to any lot upon which there is a dwelling as a permitted use under this chapter, and where such outdoor storage area is not entirely screened visually from such district or lot by an intervening building or structure, there shall be provided a continuous effective visual screen with a height of not less than six (6) feet nor more than eight (8) feet. If located within twenty-five (25) feet of a right-of way line, the screen shall be not less than two and one-half (2%) nor more than three (3) feet in height. Such screen shall consist of a densely planted compact hedge or a wall or fence and shall be located in accordance with the provisions of Section 21-84 (a) (15) . Section 5 . That CHAPTER 21, ZONING, ARTICLE 3, NONCONFORMING USES, Section 21-37, Nonconforming uses; existing; alterations; changes in districts, subsection (b) be amended to read as follows : (b) The lawful use of a building existing at the time of the passage of this chapter may be continued, although such use does not conform with the provisions hereof, and such use may be • e f permitted-in-the-same-use-distriet-as-that-whieh-the then-existing-use-is-permitted-er-to a more restricted use distriet according to the provisions of this chapter, provided all other regulations governing the new use are complied with. and, FURTHER that subsection (c) be deleted in its entirety and that subsection (d) be renamed subsection (c) . Section 6 . That CHAPTER 21, ZONING, ARTICLE 2, USE DISTRICT REGULATIONS, DIVISION 4 .5, Section 21-11 . 1, "A-3" Mixed Use Multifamily Residential and Commercial District, (b) uses permitted, be amended by adding thereto: (6) Accessory uses: d. Accessory buildings and uses customarily incidental to any of the above uses when located on the same lot, unless otherwise restricted by the provisions of Chapter 21. Section 7 . That CHAPTER 21, ZONING, ARTICLE 4, HEIGHT AND AREA DISTRICT REGULATIONS, DIVISION 9, HEIGHT AND AREA DISTRICT EXCEPTIONS, Section 21-84, Height and Area District Regulations : exception, Subsection (a) be amended by adding thereto: (16) In all Height and Area Districts, where a legally established structure has been erected closer to a lot line than the setback required by the Height and Area Districts in which the property is located, any addition to said structure may be built in line with the existing structure as long as all other required setbacks are adhered to. Section 8 . -_ 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. Mere•= , Common Ay cil fimnmtflu Rood UIn #1e Comm Oloumil of t1, MIR of*mill Brut: of the Whole Your Committee to whom was referred BILL NO. 58-94 SECOND READING ON A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING TO AND MAKING CERTAIN OTHER REVISIONS TO THE ZONING ORDINANCE. Respectfully report that they have examined the matter and that in their opinion This bill ha been recommended to the Council favorableb as amended by substitution. Chairman Roland Kelly A LAN 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 July 6, 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, amending and supplementing Chapter 21, Zoning, of the Municipal Code of the City of South Bend, Indiana, as amended, by revising the provisions of Chapter 21 pertaining to the following: surfacing and screening of parking lots and outside storage areas; parking in required yards; nonconforming buildings and uses; and accessory buildings, as tabled. - APC #1606-94 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 July 5, 1994, took the following action: Upon a motion by Henry Keultjes, being seconded by Charles Landesman 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 revising the provisions of Chapter 21 pertaining to the following: surfacing and screening of parking lots and outside storage areas; parking in required yards; nonconforming buildings and uses; and accessory buildings, as tabled, 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, Richard S. Johnson RSJ:sr Attachment Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN • • STAFF REPORT May 9, 1994 Initiated by the Area Plan Commission 1606-94 Location: City of South Bend REQUESTED ACTION: This is an Area Plan Commission initiated petition to amend the City Zoning Ordinance with regard to surfacing and screening of parking lots, loading areas, and outside storage areas, parking in required yards, nonconforming buildings and uses, and accessory buildings. The following is a summary of each of the proposed changes. 1. Surfacing of parking areas: Currently, any parking lot less four parking spaces does not need to be paved. The proposed ordinance requires that all open off-street parking areas be surfaced with cement or bituminus concrete meeting the minimum specifications of the Board of Public Works. 2. Screening: Screening of off-street parking areas located within 50 feet of a residential zoning district is currently required. The proposed ordinance will require screening for off-street loading and outside storage areas, as well. A definition of "effective screen" will also be added for use with the new "0" Office district. 3. Parking in front yards: This provision is being modified to allow for parking within the front yard setback that is provided for in the "0" Office district. The "0" Office district allows parking to be located 15 feet from the right-of-way provided that the 15 foot setback is extensively landscaped. 4. Nonconforming buildings and uses: The nonconforming use provisions of the Zoning Ordinance will be amended to allow for the expansion of nonconforming single family dwellings and accessory buildings without rezoning the property. Currently, any expansion or replacement of a home or garage located in a commercial or industrial zoning district is not permitted, requiring that an individual rezone his or her property to make the improvements. A second change to the nonconforming use regulations deals with changing the use of a nonconforming structure. The ordinance currently allows a building to be changed to a use permitted in the same use district as the existing use is permitted. STAFF REPORT May 9, 1994 This could result in a rather low key use being converted into a much more intensive use within a residential area with no public input involved. The proposed ordinance would allow a nonconforming use to be changed only to a more restrictive use, as determined by the Building Commissioner. 5. Accessory uses: Accessory buildings and uses are being added as permitted uses within the "A-3" Mixed Use district. Presently, there is no provision within the "A-3" district to allow accessory buildings. In addition, the provision for accessory buildings in the "A", "B", and "C" Height and Area districts are being amended to allow more than one accessory building on a lot. Lack of this provision is causing problems for industrial and commercial businesses located within these Height and Area districts, as well as residential properties where a storage building or a gazebo is desired in addition to an existing detached garage.