HomeMy WebLinkAbout9513-04 Amend Chapter 21 to correct the cross-refrence - Various SectionsORDINANCE No.
Passed by the Common Council of the City of South Bend, Indiana
June 14, 20 04
Attest:
Attest:
JOHN
Presented by me to the Mayor of the City of South Bend, Indiana
June 15,
20
04
City Clerk
President of Common Council
Approved and signed by me June 16 20 04
City Clerk
~._ _ ~--
~s'~ ~y~ ,,'" ;~ ; :,%~~ ~~ ~ ~ ~------ Mayor
Ordinance No. ~~ 3 -~
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO
CORRECT THE CROSS-REFERENCES IN ARTICLES 12,13, AND 14; TO AMEND
ARTICLE 2, RESIDENTIAL DISTRICTS TO ALLOW PUBLIC PARKS, ACTIVE, AS
ALLOWABLE USES IN THE SINGLE FAMILY AND TWO FAMILY AND
MULTIFAMILY ZONING DISTRICTS; TO AMEND ARTICLE 8 SPECIAL
REGULATIONS, SECTION 21-08.02 SPECIAL REGULATIONS FOR CONTROLLED
USES; AND TO AMEND ARTICLE 7 GENERAL REGULATIONS,
SECTION 21-07.03(f) OFF-PREMISE SIGNS
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend, Indiana, recently adopted a new zoning
ordinance for the City of South Bend. Three sections of the previous ordinance were retained in
their entirety. These sections contain references to sections of the ordinance that no longer exist.
This amendment will change these references to the correct sections.
The intention of the Area Plan Commission and the Common Council in adopting the new
ordinance was to retain the regulations for off-premise signs since these regulations had been
recently modified. In drafting the new ordinance, an error was made restricting the location of
billboards to only limited access roads rather than limited access roads and arterials. This
amendment will also correct this error.
The City also recognizes that most of its active public parks are presently located in residential
districts and that it would be detrimental to the City to make all of these parks non-conforming
uses.
Further, the City recognizes that in order to promote the use of the downtown and East Bank area
as a regional retail business and convention center, that certain controlled uses should be exempt
from the locational restrictions that apply to controlled uses.
Now, therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as
follows:
Section I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential
Districts, Section 21-02.01 SF1 Single Family and Two Family District is hereby amended as
follows:
(a) Permitted Uses.
(1) Primary Uses.
(F) Public ^^~ Park -Active or Passive.
(G) Private Park -Passive. ~'~'~^^'~ D„~.':,. ^r D~-^~'-~~'.
(H) Schools. Public or Parochial.
(I) Neighborhood Partnership Center.
(2) Special Exception Uses
(D) Public Facilities: Including but not limited to: Cemetery -with or
without Crematory, Funeral Home, Mausoleum or Mortuary;
Community Center; Funeral Home; Mortuary; Parking Lot -
Accessory; U"tr'uviiv'vr Private Park -Active.
Section II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential
Districts, Section 21-02.02 SF2 Single Family and Two Family District is hereby amended as
follows:
(a) Permitted Uses.
(1) Primary Uses.
(F) Public elate Park -Active or Passive.
(G) Private Park -Passive.
(H) Schools. Public or Parochial.
(I) Neighborhood Partnership Center.
(2) Special Exception Uses
(D) Public Facilities: Including but not limited to: Cemetery -with or
without Crematory, Funeral Home, Mausoleum or Mortuary;
Community Center; Funeral Home; Mortuary; Parking Lot -
Accessory; l~lie-er Private Park -Active.
Section III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential
Districts, Section 21-02.03 MF1 Urban Corridor Multifamily District is hereby amended as
follows:
(a) Permitted Uses.
(1) Primary Uses.
(H) Public Park -Active or Passive.
(2) Special Exception Uses
(D) Public Facilities: Including but not limited to: Cemetery -with or
without Crematory, Funeral Home, Mausoleum or Mortuary;
2
Community Center; Funeral Home; Mortuary; Parking Lot -
Accessory; D,,,.'•^ D^,.v "~ti~w
Section IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential
Districts, Section 21-02.04 MF2 High-Density Multifamily District is hereby amended as
follows:
(a) Permitted Uses.
(1) Primary Uses.
(G) Public Park -Active or Passive.
(2) Special Exception Uses
(D) Public Facilities: Including but not limited to: Cemetery -with or
without Crematory, Funeral Home, Mausoleum or Mortuary;
Community Center; Funeral Home; Mortuary; D~•'~'~^ D^~'~ "^tii~o.
Section V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 General
Regulations, Section 21-07.03 Sign Regulations is hereby amended as follows:
(f) Off-Premise Signs.
(3) Sign Surface Area for Off- Premise Signs.
(A) Limited Access Highways and Arterial Streets -The maximum sign
surface area for off-premise signs oriented toward a limited access
highway or arterial street shall be six-hundred and seventy-two (672)
square feet.
(B) All Other Streets -The maximum sign surface area for off-premise
signs oriented toward any street not classified as a limited access
highway or arterial street shall be three hundred (300) square feet.
Section VI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Special
Regulations, Section 21-08.02 Special Regulations for Controlled Uses is hereby amended as
follows:
(b) Additional Development Standards for Controlled Uses:
(1) Spacing Regulations:
(E) Exemption• In order to promote the use of the downtown and East Bank
area as a regional retail business and convention center, any Class A
cabaret or restaurant which sells beer or intoxicating liquor for
consumption on the premises, an~pool hall or billiard hall, and any
wagering off-track parrmutual wagering facility is exempt, for the
purpose of this chapter, from the locational restrictions in section 21-
08.02(b)(1~(Al herein, in the area bounded by a line drawn as follows:
Be ig'nning at a point formed by the intersection of the north right-of-way
line of Madison Avenue and the west ri t-of-wa~line of William Street;
thence south along the west right-of-wav line of William Street to the first
alley south of Western Avenue; thence west along said alley to the west
right-of--way line of Taylor Street; thence south glop sg. aid ri t-of-way to
the north right-of--way line of South Street; thence east glop sg aid ri t-of-
wav to the west ri t-of--way line of William Street; thence south along
said right-of--way, extended to the south ri t-of--wav of the Conrail
property; thence southeasterl~lon sg aidright-of-way to the west ri t-of-
wav of Lafayette Boulevard; thence north glop sg aid ri t-of-way to the
south right-of--wav line of Monroe Street; thence east glop sg aid ri t-of-
way to the southwest right-of-wayline of Lincolnwav East; thence
southeasterly along said right-of--way to the southeast ri t-of-wa lid a of
the portion of Monroe Street between Lincolnwav East and the St. Joseph
River; thence northeasterly glop sg aid ri t-of-way to its intersection with
the centerline of the St. Joseph River; thence northwesterly along said
centerline to the north ri t-of--wav line of Jefferson Boulevard; thence
east glop sg aid ri t-of-way to the first alley east of Niles Avenue; thence
north along said alley. extended, to the north ri t-of--wav line, extended,
of Sorin Street; thence west glop sg aid ri t-of-wav to the east ri t-of-
way line of Niles Avenue; thence north along saidright-of--wav to the
second alley north of Sorin Street; thence west along said alley, extended,
to the centerline of the St. Joseph River; thence southwesterly along said
centerline to the north ri t-of--wav line, extended, of Madison Avenue;
thence west along saidright-of--way to the west right-of--wav line of
William Street, which is the point of be ig nning, all in the City of South
Bend, St. Joseph County. State of Indiana.
Section VII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 12 Floodplain
Regulations, is hereby amended as follows to correct the section references:
Sec.21-12.03. Definitions.
(a) In addition to the definitions contained in "-*~°'°', r°~°"^' D~^•~~^~°^^,
~'°°+~°~ " ' Article 11, Section 21-11 Definitions, the following definitions
shall apply to the floodplain regulations of the article.
Sec. 21-12.04 Duties of the Administrator.
(c) Ensure that construction authorization has been granted by the Indiana
Natural Resources Commission for all development projects subject to
Section 24-1-54 21-12.07 of this article, and maintain a record of such
authorization (either copy of actual permit or letter of recommendation).
(e) Maintain a record of the engineer's certificate and the as-built floodproofed
elevation of all buildings subject to Section X1-1$3 21-12.08 of this article.
Sec. 21-12.06 Improvement location permit.
(a) (2) (A) ii. No action shall be taken by the Zoning Administrator until a permit
has been issued by the Natural Resources Commission granting approval for
construction in the floodway. Once a permit has been issued by the Natural
Resources Commission, the Zoning Administrator may issue the local
improvement location permit, provided the provisions contained in Sections
~1-154 21-12.07 and 2-1-1-83 21-12.08 of this article have been met. The
improvement location permit cannot be less restrictive than the permit
issued by the Natural Resources Commission.
(a) (2) (B) If the site is located in an identified floodway fringe, then the Zoning
Administrator may issue the local improvement location permit provided the
provisions contained in sections ~1-1-84 21-12.07 and ~1-1•$3 21-12.08 of
this article have been met. The key provision is that the top of the lowest
floor of any new or substantially improved structure shall be at or above the
flood protection grade (FPG).
(a) (2) (C) ii. Once the Zoning Administrator has received the proper permit or
letter of recommendation approving the proposed development, an
improvement location permit maybe issued provided the conditions of the
improvement location permit are not less restrictive than the conditions
received from Natural Resources and the provisions contained in sections
~1--~54 21-12.07 and ~-153 21-12.08 of this article have been met.
(a) (2) (D) i. Upon receipt, the Zoning Administrator may issue the local
improvement location permit, provided the provisions contained in sections
~1-154 21-12.07 and ~~ 21-12.08 of this article have been met.
Sec. 21-12.07 Preventing increased damages.
(a) Within the floodway identified on the Flood Boundary and Floodway Map,
the Flood Insurance Rate Map, or engineering analysis as provided in
section'" ' 21-12.06(a)(2)d, the following standards shall apply:
(c) (1) No development in the special flood hazard area shall include locating or
storing chemicals, explosives, buoyant materials, flammable liquids,
pollutants, or other hazardous or toxic materials below the flood protection
grade, unless such materials are stored in a floodproofed storage tank or
building constructed according to the requirements of section ~-1$~ 21-
12.08 of this article.
Sec. 21-12.08 Protecting buildings.
In addition to the damage prevention requirements of section ~1-1-54 21-12.07, all
buildings to be located in the SFHA shall be protected from flood damage below the
flood protection grade.
(b) This building protection requirement may be met by one of the following
methods. The Zoning Administrator shall maintain a record of compliance
with these building protection standards as required in section ~1-x-8-1- 21-
12.04 of this article.
(b) (1) (E) The top of the lowest floor including basements, (see definition of
lowest floor in section 2-1-1.59 21-12.03 Definitions) shall be at or above the
flood protection grade.
Sec. 21-12.10 Variances.
(b) (1) No variance or exception for a residential use within a floodway subject
to section ~1-1-84 21-12.07 of this article maybe granted;
(2) Any variance or exception granted in a floodway subject to section ~-
~84 21-12.07 of this article will require a permit from Natural Resources;
(3) Variances or exceptions to the Building Protection Standards of section
~1-~-8~ 21-12.08 maybe granted only when a new structure is to be located
on a lot of one-half (1/2) acre or less in size, contiguous to and surrounded
by lots with existing structures constructed below the flood protection
grade;
6
Section VIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 13 Historic
Preservation Commission, is hereby amended as follows to correct the section references:
Section 21-13.02 Powers and duties
(d) (5) (E) The Commission may approve a Certificate of Appropriateness at any
time during the period of interim protection, provided the proposed change
meets the criteria for considering effect of actions on historic buildings in
subsection " '~-~(~ Section 21-13.02(e) of this section and any proposed
preservation guidelines prepared by the Historic Preservation Commission
for the affected building, structure, or site.
(e) (3) An application for a building permit, demolition permit, sign permit or
moving permit shall also be deemed to be an application for a certificate of
appropriateness. Within five (5) working days of receipt of such application
relative to a building, structure or use in said district, the Building
Commissioner shall forward the application to the Historic Preservation
Commission for review and action pursuant to section " "''."°`~~`,
Section 21-13.02(e)(5) below.
(k) The provisions of this article shall be enforced as provided by lisle-9
Article 10 of this chapter,
Section IX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14 Subdivisions,
is hereby amended as follows to correct the section references:
Section 21-14.01 General Provisions
(d) (1) Any minor or final subdivision certified as complying with the subdivision
control ordinance by the Commission after September 1, 1982, and prior
to the effective date [November 8, 1982] of this ordinance [article], and
recorded prior to the effective date [November 8, 1982] of this ordinance
[article], shall be given secondary approval by the Committee, without
any additional filing fee or application. The Committee shall affix the
Commission's seal and certificate of approval upon the original drawing,
rerecord the subdivision, at no cost to the subdivider or his registered
land surveyor, per the requirements of section 2 21-14.04(c)(101
and provide the written notice, signed by the Secretary of the Committee,
that the subdivision has received secondary approval and been
rerecorded.
Section 21-14.03 Design Standards
(b) (12) The minimum right-of--way width of all streets shall be as scheduled
under section'" 21-14.08 c)(21.
Section 21-14.04 Minor Subdivisions
(c) (1) (A) If the subdivision falls within a designated flood hazard area, the
subdivision shall be reviewed by the Department of Natural Resources
in accordance with section ~1-1~4~{a) 21-14.03(al(1) of this article.
(c) (6) (A) If the subdivision for which secondary approval has been requested,
received primary approval by the Committee, no appeal has been filed
within ten (10) days of the date of the notice of Committee's action, and
all modifications or conditions placed upon the subdivision by the
Committee, if any, have been complied with or corrected, the Staff shall
give secondary approval to the subdivision and affix the Commission's
seal and certificate of approval on the original drawing and record the
subdivision per section 2~~ 21-14.040(10).
(c) (9) (A) If, after consideration, the Commission finds that the subdivision
complies with all standards regarding primary approval of subdivisions
and is located within a zoning district permitting subdivisions, the
Commission shall give primary approval to the subdivision, with or
without modifications and conditions imposed; make written findings of
fact and a decision which shall include the modifications and conditions
imposed. The Stafj'shall affix the Commission's seal and certificate of
approval upon two (2) copies of the subdivision and provide the
subdivider's registered land surveyor with one copy along with a copy
of the findings of fact and decision, signed by the Secretary of the
Commission. The second copy of the sealed and certified subdivision
shall be retained in the records of the Commission. When all
modifications or conditions placed upon the subdivision by the
Commission, if any, have been complied with or corrected, the Staff
shall give secondary approval to the subdivision and affix the
Commission's seal and certificate of approval upon the original drawing,
and record the subdivision per section "~) 21-14.04(cl(10).
Section 21-14.05 Major Subdivision
(d) (1) (A) If the subdivision falls within a designated flood hazard area, the
subdivision shall be reviewed by the Department of Natural Resources
in accordance with section ~) 21-14.0301(11 of this article.
(f) (4) (A) If, after consideration the Committee finds that the subdivision
complies with all standards regarding secondary approval of
subdivisions; all required improvements meet the requirements of
13i~i~ien--8 Section 21-14.08; does not constitute a major change from
the subdivision which received primary approval; and complies with all
the conditions and modifications imposed upon the subdivision by either
the Committee or the Commission as a condition of primary approval,
the Committee shall give secondary approval to the subdivision and
authorize the Staff to record the subdivision per section 2.1-13-1{ 21-
14.05 5 . The Staff shall then affix the Commission's seal and
certificate of approval upon the original drawing and provide written
notification signed by the Secretary of the Committee that the
subdivision was approved by the Committee, and that the subdivision
will be recorded within seven (7) days of secondary approval.
(f) (4) (B) If the Committee finds that the subdivision does not comply with all
standards regarding secondary approval of subdivisions; any required
improvement does not meet the requirements of ~~isien-8 Section 21-
14.08; that the subdivision constitutes a major change from the
subdivision which received primary approval, or does not comply with
all the conditions and modifications imposed upon the subdivision by
the Commission or Committee as a condition of primary approval, the
Committee shall deny the subdivision secondary approval. The Staff
shall then provide written notice to the subdivider, signed by the
Secretary of the Committee, which sets forth the Committee's reasons for
disapproval. The Staff shall then release the original drawing to the
subdivider's registered land surveyor.
Section 21-14.06 Subdivision Replats
(b) (1) (A) iii. All required information as listed under section ~~-139f~a} 21-
14.05(el(11(A).
(c) (1) (A) If the subdivision replat falls within a designated flood hazard area,
the subdivision replat shall be reviewed by the Department of Natural
Resources in accordance with section ~} 21-14.03(Q)(1) of this
article.
(c) (6) (A) If the subdivision replat for which secondary approval has been
requested, received primary approval by the Committee, no appeal has
been filed within ten (10) days of the date of the notice of committee's
action, and all modifications or conditions placed upon the subdivision
replat by the Committee, if any, have been complied with or corrected,
the Staff shall give secondary approval to the subdivision replat and
affix the Commission's seal and certificate of approval on the original
drawing, and record the subdivision replat per section 2-1~-X54(}3 21-
14.06(c)(10).
(c) (9) (A) If, after consideration, the Commission finds that the subdivision replat
complies with all standards regarding primary approval of subdivision
replats and is located within a zoning district permitting subdivisions,
the Commission shall give primary approval to the subdivision replat,
with or without modifications and conditions imposed and make written
findings of fact and a decision, which shall include the modifications
and conditions imposed. The Staff shall affix the Commission's seal and
certificate of approval upon two (2) copies of the subdivision replat and
provide the subdivider's registered land surveyor with one copy along
with a copy of the findings of fact and decision, signed by the Secretary
of the Commission. The second copy of the sealed and certified
subdivision replat shall be retained in the records of the commission.
When all modifications or conditions placed upon the subdivision replat
by the Commission, if any, have been complied with or corrected, the
Staff shall give secondary approval to the subdivision replat and affix
the Commission's seal and certificate of approval upon the original
drawing, and record the subdivision replat per section 24-~34~ 21-
14.06(c)(10).
Section 21-14.07 Subdivision Rerecordings
(a) (1) (A) ii. A "certificate of rerecording" as defined below in section ~-
' `~ 21-14.07(a11)(B).
(b) (2) Consideration. Upon receipt of the reports, if any, from the agencies and
completion of its own review, the Staff shall consider the subdivision
without public notice or hearing and determine whether the subdivision
meets the requirements of~ Section 21-14.07.
(b) (3) (A) If, after consideration, the Staff finds that the subdivision complies
with all standards regarding secondary approval of subdivisions for
rerecording, the Staff'shall give secondary approval to the subdivision,
affix the Commission's seal and certificate of approval on the
subdivision and record the subdivision per section ~ 1-}3g{~}
21.14.07(b)(4).
10
Section X.
This Ordinance shall be in full force and effect from and after its passage by the Common
Council and approval by the Mayor.
GC ~v~--
ember ofthe Common Coun it
Att
City lerk
Presented by me to the Mayor of the City of South Bend, Indiana on the~_day of
Ju„n~ ,2004, at l 0'-yD o'clock CL m.
r--
City Clerk
D"~~
.~,~ 1
Approved and signed by me on the ~~-' day of :-~ ~~*-----~- , 2004, at
~~~ o'clock ~% . m. ~-
Mayor o the Cit~s;t~South Bend, Indiana
1st READING S=~o~~y~
PUBLIC HEARING (p-l~~ ~
3 rd READING ~~\~`-~~
NOT APPROVED
REFERRED ~''~"-~ Ib-oy
PASSED (~-~~-U`j
11
Filed In Clerk's Office
~p~ 3 0 tuu'
JOHN VOORDE
CITY CLERK, S0. BEND, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
31-04 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL
CODE TO CORRECT THE CROSS-REFERENCES IN ARTICLES 12, 13, AND
14; TO AMEND ARTICLE 2, RESIDENTIAL DISTRICTS TO ALLOW PUBLIC
PARKS, ACTIVE, AS ALLOWABLE USES IN THE SINGLE FAMILY AND TWO
FAMILY AND MULTIFAMILY ZONING DISTRICTS; TO AMEND ARTICLE 8
SPECIAL REGULATIONS, SECTION 21-08.02 SPECIAL REGULATIONS FOR
CONTROLLED USES; AND TO AMEND ARTICLE 7 GENERAL
REGULATIONS, SECTION 21-07.03(f) OFF-PREMISE SIGNS
Respectfully report that they have examined the matter and that in their opinion, this bill
is being recommended to the full Council with a favorable recommendation.
Sean Coleman
Chairman
•Area Plan Commission of St. Joseph County •
1140 County-City Building
227 West Jefferson Blvd.
South Bend, Indiana 46601
Robert W. Sante John W. Byorni
Executive Director Assistant Director
Phone 574 235-9571 Fax 574 235-9813
May 3, 2004
Karen White, President
City of South Bend Common Council
Fourth Floor
County-City Building
227 W. Jefferson Boulevard
South Bend, IN 46601
RE: Area Plan Commission Initiated Petition -Amendments to the New Zoning
Ordinance
Dear Ms. White:
Attached is a proposed ordinance initiated by the Area Plan Commission. The purpose of
this ordinance is to make several amendments to the recently adopted zoning ordinance.
Some of these amendments simply correct cross references in those sections that were not
amended, while other amendments deal with changes to the billboard section, to the
location restrictions of public parks, and to allow certain controlled uses in the downtown
in East Bank as set out in the previous ordinance.
Please place this proposed ordinance on the May 10, 2004 Common Council agenda for
first reading. The Area Plan Commission will hold its public hearing on May 18, 2004.
If you have any questions, please fell free to contact me.
Sincerely,
i ~ / f ~i77
Ohn W. B O
Y
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
Filed in Clerk's Office
~~~'~ .~ ~ ~c .
JOHN VOORDE
CRY CLERK, S0. BEND, fll.
. , ~ .Area Plan Commission of St. Joseph County •
1140 County-City Building
227 West Jefferson Blvd.
South Bend, Indiana 46601
Robert W. Sante John W. Byorni
Executive Director Assistant Director
Phone 219 235-9571 Fax 219 235-9813
May 19, 2004
The Honorable Council of the City of South
Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance initiated by the Area Plan Commission of St. Joseph County to amend Chapter 21 of the
South Bend Municipal Code to correct the cross-references in Articles 12, 13, and 14; to amend Article 2,
Residential Districts to allow public parks, active, as allowable uses in the Single Family and Two Family and
Multifamily Zoning Districts; to amend Article 8 Special Regulations, Section 21-08.02 Special Regulations for
Controlled Uses; and to amend Article 7 General Regulations, Section 21-07.03(f) Off-premise Signs - APC#
2261-04
Dear Council Members:
I hereby Certify that the above referenced ordinance initiated by the Area Plan Commission was legally advertised on
Monday, May 3, 2004 and that the Area Plan Commission at its public hearing on Tuesday, May 18, 2004, and the
Commission took the following action:
Upon a motion by Lloyd Taylor, being seconded by John DeLee and unanimously carried, the
proposed ordinance initiated by the Area Plan Commission of St. Joseph County to amend
Chapter 21 of the South Bend Municipal Code to correct the cross-references in Articles 12, 13,
and 14; to amend Article 2, Residential Districts to allow public parks, active, as allowable uses
in the Single Family and Two Family and Multifamily Zoning Districts; to amend Article 8
Special Regulations, Section 21-08.02 Special Regulations for Controlled Uses; and to amend
Article 7 General Regulations, Section 21-07.03(f) Off-premise Signs is sent to the Common
Council with a favorable recommendation. These amendments are necessary to ensure that the
floodplain Articles of the ordinance, the subdivision Articles of the ordinance, and the historic
preservation Articles of the ordinance cross-reference the correct section numbers in the new
zoning ordinance; to make the active parks in South Bend permitted uses in the new residential
districts; to modify the off-premise sign regulations to match those previously in place in the city;
and to promote downtown South Bend and the East Bank area as a regional business and
convention center by exempting certain controlled uses from the locational restrictions that apply
to controlled uses.
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.
Sinc el ,
vV
Robert . Sa e
RWS:sr
Attachment
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
Staff Report
APC # 2261-04
Owner: [nitiated by the Area Plan Commission
Location: Text Amendment
Jurisdiction: South Bend
Requested Action:
The petitioner is requesting the following Text Amendment: to amend Chapter 21 of the South
Bend Municipal Code to correct the cross-references in Articles 12, 13, and 14; to amend Article
2, Residential Districts to allow public parks, active, as allowable uses in the Single Family and
Two Family and Multifamily Zoning Districts; to amend Article 8 Special Regulations, Section
21-08.02 Special Regulations for Controlled Uses; and to amend Article 7 General Regulations,
Section 21-07.03(f) Off-premise Signs.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that this petition
be sent to the Common Council with a favorable recommendation.
Analysis:
These amendments are necessary to ensure that the floodplain, subdivision, and historic
preservation sections cross-reference the correct section numbers in the new zoning ordinance; to
make the active parks in South Bend permitted uses in the new residential districts; to modify the
off-premise sign regulations to match those previously in place in the city; and to promote
downtown South Bend and the East Bank area as a regional business and convention center by
exempting certain controlled uses from the locational restrictions that apply to controlled uses.
Initiated by the Area Plan Commission
#2261-04
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