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Home My WebLink About8504-94 Amending Chapter 21 Zoning by Adding a New "o" Office District A ORDINANCE No. 8504-94 Passed by the Common Council of the City of South Bend, Indiana. May 23, /9 94 Attest: City Clerk IRENE K. GAMMON //: Attest: % President of Common Council / Presented by me to the Mayor of the City of South Bend, Indiana__ May 24, 94 19 City Clerk IRENE K. GAMMON Approved and signed by me 19 9'ie �` — Mayor • • • • • BILL NO. APC NO. ORDINANCE NO. 8S010(4 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 "0" OFFICE 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 "0" Office Zoning 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 twelve (12) known as : "A" Residential District "A-1" Residential District "A-2" Planned Residential Development District. "A-3" Mixed Use Multifamily Residential and Commercial District . "B" Residential District. "B-1" Residential District. "O" 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, be amended by adding a new Division 5 .3, entitled "0" OFFICE ZONING DISTRICT, to read as follows : Division 5 .3 "0" OFFICE ZONING DISTRICT Section: 21-12 . 010 Intent of district. 21-12 .020 General reauirements. Sec. 21-12 . 010 "0" Office District; intent of district . (a) The intent of the "0" Office district is to provide specific areas where only certain limited offices may be developed. Since the district excludes retail, and business and commercial uses, and requires extensive screening and landscaping of permitted uses and associated parking areas, the district may serve as a buffer between residential areas, and business and commercial developments . (b) The "0" Office district is expressly intended to be limited to the area in association with commercial areas or certain streets where a gradual transition from existing residential use should occur. (c) "0" Office uses and buildings shall be compatible with the height, bulk and architectural style of adjacent residential uses and structures . Sec. 21-12 . 020 "0" Office District; general requirements . (a) Dwelling units are not permitted except as an "Accessory Use" as provided in Section 21-12 . 040 . (b) All activities associated with permitted uses, except for off-street parking, maneuvering or loading, shall be conducted within completely enclosed buildings . (c) The parking of trucks as part of a permitted use or as an accessory use to a permitted use shall be limited to vehicles not exceeding one and one-half tons . (d) Not more than one primary building shall be located on a lot zoned "0" Office. (e) Drive-through facilities of any type are not permitted uses in the "0" Office district . (f) No land which is zoned to any residential zoning district nor any alley adjacent to any residential zoning district shall be used for access to property zoned "0" Office. (g) All parking facilities shall be surfaced with a durable dust-free cement concrete or bituminous concrete surface, which meet or exceed minimum specifications of the Board of Works . (h) Any new office building to be constructed is limited to a maximum of 5, 000 square feet, including space within the primary building used for an accessory use or off-street parking or loading. New buildings larger than 5, 000 square feet are not a permitted use in the "0" Office district . New office buildings larger than 5, 000 square feet require another zoning classification. (i) An existing residential building located on a site rezoned to "0" Office may be larger than 5, 000 square feet . However, no building located on a site rezoned to "0" Office shall be enlarged or expanded to exceed 5, 000 square feet. (j ) Any new office building to be constructed is limited to not more than two and one-half stories or thirty-five feet. whichever is lower. New buildings with a height • (k) An existing primary residential building located on property rezoned to "0" Office that is more than two and one-half stories, or thirty-five feet in height may be used throughout its entirety as an office building; provided, however, any new additions to the building, if permitted, may not exceed two and one-half stories, or thirty-five feet, whichever is lower. (1) When a required 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. (m) Outside lighting, including parking lot lights, shall not exceed twelve feet in the height . Further, all lighting shall be located, installed and maintained so that light does not shine on adjoining buildings or property, or public streets . (n) Outside mechanical equipment, including roof mounted equipment, shall be screened so as not to be visible from adjoining buildings or property, or public streets . (o) Outside trash receptacles shall be screened so as not to be visible from adjoining buildings or property, or public streets . (p) Landscaping material shall be provided at both the outside and inside base of all walls and fences which are designed or intended to provide a required landscape screen. Sec. 21-12 . 030 "0" Office District; uses permitted. (a) Permitted uses shall be any office for professional, business, governmental and quasi-governmental use in a building not exceeding 5, 000 square feet, provided, however: 1 . An existing primary residential building located on property rezoned to "0" Office may be used throughout its entirety as an office building; provided, however, that if the building contains less than 5, 000 square feet the building may not be expanded beyond 5, 000 square feet . 2 . A building constructed or enlarged after a property is rezoned "0" Office shall not be larger than 5, 000 square feet. Sec. 21-12 . 040 "0" Office District; accessory uses . In addition to the permitted uses specified in Section 21-12 . 030 the following use shall also be allowed: (a) One dwelling unit incidental to and located within the building containing the permitted use. Sec. 21-12 . 050 "0" Office District; height and area district regulations . In the "0" Office 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 are • (a) Front Yard requirements . There shall be a front yard of not less than twenty-five (25) feet . (b) Side Yard setback. There shall be two side yards each of which shall not be less than eight (8) feet in width for lots which are at least sixty (60) feet wide at the building setback line or five (5) feet in width for lots which are less than sixty (60) feet wide at the building setback line. (c) Corner lot requirements . On corner lots, the side yard adjoining the street shall have a setback of not less than twenty-five (25) feet. (d) Rear Yard setback. There shall be a rear yard of not less than fifteen (15) feet. (e) Height of Buildings . No building hereafter erected or structurally altered shall exceed thirty-five (35) feet or two and one-half (2%) stories in height . (f) Lot Area. The lot area shall not be less than forty-eight hundred (4, 800) square feet in area. (g) Lot Width. The lot width shall not be less than thirty-five (35) feet at the building setback line. (h) Lot Coverage. No building shall be erected or increased in ground area so that more than forty (40) percent of the area of the lot will be covered. Sec. 21-12 . 060 "0" Office 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. (a) Off-street parking is permitted in the front yard or side yard adjoining a street provided, however, that a fifteen (15 ' ) foot wide strip of the required front yard or side yard adjoining a street, measured from and parallel to the front lot line, and extending the full length of the off-street parking facility, shall be maintained as a landscaped portion of the front yard or side yard adjoining a street. (b) Parking lot maneuvering areas and aisles, except for entrance drives and walks, are not permitted to encroach into that portion of the front yard or side yard adjoining a street reserved for landscaping as defined above. (c) Off-street parking, associated drives and maneuvering areas shall not be located less than eight feet from any side lot line. (d) Off-street parking, associated drives and maneuvering areas shall not be located less than fifteen feet from any rear lot line. (e) Except for entrance drives and walks, an off-street parking facility that may be viewed from a public street shall be screened by a decorative fence, 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 • • drives, which abuts 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, fence, wall, or berm provided to satisfy this requirement shall be established and maintained at a height of not less than five feet or more than eight feet to restrict the view of parked vehicles . Section 3 : That Section 21-12 "B" Residential District; uses permitted; exceptions of Division 5 of Article 2 of Chapter 21, Zoning, be amended to read as follows : Section 21-12 (a) (4) Nursing homes, rest homes, convalescent homes, public or private clinics, principal offices of physicians, and dentists, attermeys;-arehiteets;-aee&untaxts; real-estate-agents;-advertising-agents;-en.gixeers-and iRsuranee-agents; provided no sign exceeding sixteen (16) square feet in area nor higher than four (4) feet above the surrounding grade level is used or exhibited; Section 4 : That Section 21-170 Permitted signs by district of ARTICLE 10, SIGN REGULATIONS, of Chapter 21, Zoning, be amended by adding the following subsections . 21-170 (3 .3) "0" Office district : (a) One On-premise, freestanding sign per primary building provided that : 1 . The sign does not exceed sixteen square feet in area; 2 . The top of the sign does not exceed four feet above grade; 3 . The sign meets the setback requirements of Section 21-169 (c) ; and 4 . The sign shall not be interior lighted. (b) One marquee or canopy sign per primary building provided that : 1. The sign does not exceed eight square feet in display area; 2 . The sign meets the requirements of 21-169 (d) ; and 3 . The sign shall not be interior lighted. (c) Facia signs provided that: 1 . The sign does not exceed sixteen square feet; and 2 . The sign shall not be interior lighted. (d) Directional signs provided that: 1. The sign does not exceed two square feet; 2 . The sign shall not exceed two and one-half feet above grade; and 3 . The sign shall not be interior lighted. (e) Window signs not exceeding two square feet of copy area. (f) The total square feet of all signs shall not exceed thirty-two square feet. • Because of the unique intent and requirements of the "0" Office district certain signs have been determined to be detrimental to the "0" Office district and surrounding residential uses . Therefore the following signs are expressly prohibited from the "0" Office district : (a) Interior lighted signs, (b) Flashing signs, (c) Outdoor advertising signs, (d) Portable signs, (e) Roof-mounted signs, (f) Temporary signs, and (g) Window signs, exceeding two square feet of copy area. Section 6 : 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. 62:.Z. 74Ioe'-:':' // Member, Common Council • • • Qlnutiuutu Erpnrt Oki tide Mammon Clount%l of tr fad of S>ndI nth of the Whole Your Committee to whom was referred BILL NO. 30-94 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 A NEW "O" OFFICE DISTRICT, AND MAKING CERTAIN OTHER RELATED REVISIONS. Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable. 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 /, LL 34 - 9 April 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 Common Council, amending and supplementing Chapter 21, Zoning, of the Municipal Code of the City of South Bend, Indiana, as amended, by adding a new "O" Office District, and making certain other related revisions - APC #1595-94 Dear Council Members: The above referenced ordinance initiated by the Common Council was legally advertised on April 7, 1994 . The Area Plan Commission at its public hearing on April 19, 1994, took the following action: Upon a motion by Robert MacNaughton, being seconded by Charles Landesman 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, as amended, by adding a new "O" Office District, and making certain other related revisions 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. Sincerel , • Richard S. Johnson RSJ:sr Attachment Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN STAFF REPORT April 11, 1994 Initiated by the Common Council 1595-94 Location: City of South Bend REQUESTED ACTION: This is a Common Council initiated petition to adopt an "0" Office zoning district for the City of South Bend. The new district is intended to serve as a buffer district between commercial and residential areas, or along certain streets where a gradual transition from residential uses should occur. Permitted uses in the new district will include professional, business, governmental and quasi-governmental offices in buildings of 5,000 square feet or less. The ordinance will also delete some professional offices as permitted uses within the "B" Residential zoning district. The "0" Office district regulations will contain building setback, building height, lot size and lot coverage standards, eliminating the need for Height and Area designations. The development standards have been designed to help protect surrounding residential uses. There are strict screening requirements and building compatibility requirements designed to help reduce the negative impact that the office may have on neighboring properties. The "0" Office district will allow one 5,000 square foot building per lot. Other zoning districts will soon be proposed to accomodate office parks and larger office buildings. „,o'''SouTN 8 .. °4 �'''', `� City of South Bend � PEACE Common Council County-City Building•South Bend,Indiana 46601 1865 (219)235-9321 •''�� Fax(219)235-9173 Ann Puzzello March 22, 1994 President Members of the Common Council Cleo Washington 4th Floor County City Building Vice-President South Bend,Indiana 46601 Roland Kelly RE: Proposed "0” Office District Chairperson,Committee of the Whole Dear Council Members: Since the late summer of 1991, the staff at the Area Plan Commission, various Stephen Luecke members of the Common Council, and the City Administration have been meeting First District to discuss and review drafts of the proposed "0" Office District. Cleo Washington The last formal discussion of this topic was at a Zoning and Vacation Committee Second District Meeting on January 21, 1993. At that time various concerns were raised with Roland Kelly regard to developing a tool which would promote efficient and orderly land Third District development within the City of South. The original draft was patterned similar to the "OB"District Ordinance currently in effect for St. Joseph County. Ann Puzzello Fourth District The overall purposes of the proposed "O" Office District are to provide specific areas where only certain limited offices may be developed and for providing a Linas Slavinskas buffer between residential areas and business and commercial developments. The Fifth District proposed Bill also would require extensive screening and landscaping of permitted uses as well as the parking areas. Thomas Zakrzewski Sixth District The attached Bill,in addition to addressing "0" Office Districts, also makes needed changes to "B" residential districts and the sign regulations. Sean Coleman At Large I plan to bring this proposed Bill before the Zoning and Annexation Committee for Loretta Duda discussion purposes next Monday, March 28th. As you will recall, current state Lo Lo Large law requires that a majority of the Council introduce proposed zoning changes. In order to procedurally comply with that state law, I will need to discuss this with Eugene Ladewski you. At Large I believe that the Bill would provide a positive development tool, while protecting existing uses which may adjoin such business uses. Thank you. Kathleen Cekanski-Farrand Council Attorney Sincerely, Linas Slavinskas Chairperson Zoning and Annexation Committee cc: Staff of the Area Plan Commission