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Home My WebLink About11-20 Amending Chapter 21 of the South Bend Municipal Code pPLAN co��/ County-City Building o sz City of South Bend 227 W. Jefferson Blvd. 14005 South Bend, IN 46601 PLAN COMMISSION (574) 235-7627 'Sr9k!SHED,�.� www.southbendin.gov/zoning March 4, 2020 Filed in Clerk's Office r-- Honorable Councilmember McBride MAR a 4 ZOZA 4th Floor, County-City Building South Bend, IN 46601 CITY N M��N �N C E ,SOU H®E D,IN RE: Proposed Text Amendment Dear Councilmember McBride: Enclosed is an Ordinance for the proposed Text Amendment to Chapter 21. The intent of this ordinance is to correct some typographical errors that have been found, as well as to add clarifying language and tables to ease in the use of the document. Please include the attached Ordinance on the Council agenda for first reading at your March 9th 2020 Council meeting and set it for public hearing at your March 23rd, 2020 Council meeting. The petition is tentatively scheduled for public hearing at the March 16th, 2020 South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sincerely, a/ISA- ri7. Sy/A-M-4_ Angela M. Smith Zoning Administrator CC: Bob Palmer Aladean DeRose Tim Corcoran Angela Smith Daniel Brewer Planning Director Zoning Administrator Commission President Filed in Clerk's Office Zoning Ordinance Amendments Last updated June 1, 2020 JUN 19 2020 DAWN M.JONES Typographical and cross reference errors are corrected in the following sections: CITY CLERK, SOUTH BEND, IN 21-03.01(g), 21-03.02(g), 21-03.03(g), 21-03.04(g), 21-03.05(f), 21-03.05(g), 21-03.05(j), 21-03.06(g), 21-03.07(f), 21-03.07(g), 21-03.08(f), 21-03.08(g), 21-06.02(f), 21-08.01(g), 21-11.02(b) Ordinance • Sections Item Proposed Change Rationale 21-02.02, Lot Line Determination Clarifies and expands ability of Zoning Administrator to determine whether lot lines are front, corner, Provides further flexibility in defining yards, allowing context-sensitive 21-02.03(b), side, or rear for lots with no or multiple frontages. Adds and defines non-frontage lot development to proceed with fewer variances 21-06.02(d) 21-02.03(d), Appurtenances Uses alternate words for"appurtenances" Uses common language for better user understanding 21-05.02(h), 21-06.02(f), 21-08.01(g) 21-02.03(d)(3), Ancillary Dwelling Height When alley present, allows for increased height for detached ancillary dwelling unit to within 5' of Clarifies detached ancillary dwelling placement rule and eliminates potential 21-03.01(f), Allowance rear lot line of subject lot, instead of to within 20'of rear lot line of abutting lot conflict between 5'garage setback rule and detached ancillary dwelling unit 21-03.03(f), placement rule when alley is less than 15' 21-03.04(f) 21-02.03(d)(4) Facade within Setback Zone Clarifies measurement of required percentage of facade within setback zone for projects with Clearly exempts buildings interior to the development from unnecessary multiple buildings setback zone requirements 21-03.03(e), Access &Parking Adds existing garage setback rule to parking section of U1 and U2 zones Enhances ordinance usability by making rule more apparent 21-03.04(e) 21-03.04(d) _U2 Setbacks Matches setbacks in U2 zone to those in U1 zone Ensures greater compatibility between U1 and U2 zones 21-03.06(f) UF Building Form Allows Zoning Administrator to waive minimum percentage for facade within front setback zone for Creates consistency with U3, NC, and DT districts; provides greater design forecourt building type _flexibility 21-03.07(h), Facade Articulation Clarifies how building articulation requirements may be met. Increases vertical articulation Improves user understanding by more clearly stating existing rule and 21-03.08(h), segments from 25' to 32' maximum provides further flexibility in meeting design standards 21-08.01(f) 21-04.03(c) C Building Setbacks Increases side and rear setbacks to U3 and UF zones Creates size consistency with buffer landscape requirements 21-04.03(d), C & I Curb Cuts Allows a second curb cut for lots with large frontages Aligns zoning ordinance with existing Engineering standards 21-04.04(d) 21-04.03(g) C Facade Transparency Adds a 20% minimum corner facade transparency requirement under some circumstances Creates more attractive, active commercial building design 21-04.03(g), C Building Materials Clarifies allowable building materials in C zone Ensures a basic level of building quality, similar to pre-2020 ordinance 21-08.01(e) 21-06.01(j) NC & DT Detached House Allows a Detached House building type to have units along the street frontage when it had not been Eases reinvestment in existing buildings converted previously to a non-residential use 21-06.02(f) Trash Containers Reduces required landscape area width from 5'to 3' (keeps required landscape screening of trash Allows trash container screening to be done more compactly containers the same) 21-07.03(c) Location of Parking Areas Simplifies language regarding location of required parking areas Eliminates inconsistency and redundant provision 21-08.01(g) _Garage Placement Clarifies required garage setbacks Improves user understanding by more clearly stating existing rules 21-08.01(g) Building Extensions Clarifies rules on building extensions by eliminating use of word "additions" Improves user understanding by more clearly stating existing rule 21-08.02(h) Townhouse Width Raises maximum total building width of attached townhouses from 160'to 168' Without altering intent of rule, allows more options on quantity and size of townhouses, consistent with recent developments 21-08.03(a) Porch Clarifies porch design requirements when in or out of required setback Improves user understanding by more clearly stating existing rule 21-08.03(b) Stoop Clarifies stoop design requirements when in or out of required setback Improves user understanding by more clearly stating existing rule 21-09.02(c) Fences &Walls Adds table of maximum fence and wall heights in place of text paragraph Improves user understanding by more clearly stating existing rules 21-09.02(e) Fences in NC & DT Districts Prohibits chain link fences in front of maximum setbacks Better meets intent of existing rule 21-11.04(c) Alleys Eliminates language saying Plan Commission may waive requirement for alley construction in Eliminates redundant provision commercial and industrial districts; Plan Commission already has this authority • 21-13.01(c) 32' &33' Lots Reduces required side setbacks from 5'to 4'for established residential lots of 32-34' in width Allows for residential construction of common house designs on commonly sized urban lots without a variance BILL NO. 11-20 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO CORRECT TYPOGRAPHICAL ERRORS IN VARIOUS ARTICLES AND TO ADD CLARIFYING LANGUAGE AND TABLES STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on January 1, 2020. Since its adoption in November, use and testing of the Ordinance has identified a few standards that need further clarification or correction. 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 Definitions & Measurements, Section 21-02.02 Definitions is hereby amended by adding a new definition: Lot, Non-Frontage. A lot with no frontage that is interior to a development. SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Definitions & Measurements, Section 21-02.03 Measurements, subsection (b) Building Placement is hereby amended as follows: (2) Lot Line Determination. For non-frontage, double frontage, and multiplele frontage lots, the Zoning Administrator shall determine which lot lines shall be considered front, corner, side, or rear based on the context of the development. (2)al Building Setbacks. (C) B) SECTION III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Definitions & Measurements, Section 21-02.03 Measurements is hereby amended by adding a new subsection(d)(4)(D): (D) For projects containing multiple buildings, only the facades of buildings visible in elevation view from a street shall be used to determine the percentage of the facade within a setback zone. SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-03.03 U1 Urban Neighborhood 1, subsection(e) Access & Parking, and Section 21-03.04 U2 Urban Neighborhood 2, subsection(e) Access & Parking are hereby amended as follows: Parking Access If access is available from an alley which is open to traffic, there shall be no access allowed from the street. If allowed, a maximum of one street curb cut is permitted per street frontage. If oriented with garage doors facing a street or alley, garages shall be located at the minimum rear setback or not less than 18' from the right-of-way. SECTION V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-03.04 U2 Urban Neighborhood 2, subsection(d) Building Placement is hereby amended as follows: Building Setbacks Front' Residential (min.) 15' Residential (max.) 20' 25' SECTION VI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-03.05 U3 Urban Neighborhood 3, subsection (j) Landscape is hereby amended as follows: (i) Foundation Landscape Required 3 SECTION VII. Chapter 21,Zoning, of the South Bend Municipal Code, Article 4 Special Districts, Section 21-04.03 C Commercial, subsection (c) Building Placement is hereby amended as follows: Building Setbacks Adjacent to Si, S2, U1,ef-U2, U3, or UF SECTION VIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 Special Districts, Section 21-04.03 C Commercial, subsection(d) Access & Parking, and Section 21- 04.04 I Industrial, subsection(d) Access & Parking are hereby amended as follows: Parking Access If allowed, a maximum of one street curb cut is permitted per street frontage. Lots with large frontages may be granted a second street curb cut per the latest standards adopted by the Board of Public Works. SECTION IX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 Special Districts, Section 21-04.03 C Commercial, subsection(g) Building Standards is hereby amended as follows: Facade Transparency Ground Floor—Primary Street 40% Ground Floor—Corner Facade' 20% 1 If a building is located more than 50' from the corner lot line, the Zoning Administrator may waive this requirement if the transparency is not needed to meet the intent of this ordinance. Building Materials A minimum of 66%of each front or corner facade shall be constructed of E.I.F.S. or high quality, durable, natural materials, such as stone or brick; wood lap siding; lapped, shingled, or panel fiber cement board siding; and glass. High quality synthetic materials may be approved by the Zoning Administrator. E.I.F.S. may constitute a maximum of 66 percent of the ground floor facade. Building materials used on the front and corner facades shall extend a minimum depth of 16" along the side facade. E.I.F.S. may constitute a maximum of 66 percent of the ground floor facade. Standard, fluted, or split face concrete masonry units above the basement level are prohibited as face material. Unfinished metal, plywood, unfinished precast or poured-in-place concrete are prohibited. Windows and doors on a ground floor front/corner façade shall have clear, transparent glass that has a min. VLT of 50% and a max. VLR of 25%. SECTION X. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses, Section 21-06.01 Principal Uses is hereby amended by adding a new subsection(j)(3)(A)(ii): (ii) An existing Detached House building type shall be exempt from (A)(i), above, provided that the residential use had not been previously converted to a non- residential use. SECTION XI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses, Section 21-06.02 Accessory Uses and Structures, subsection(d) Location is hereby amended as follows: (1) Unless otherwise specified, accessory structures shall not be located in any established front or corner yard. - . . . . . - . ., . - •. - , established-side-yard, SECTION XII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses, Section 21-06.02 Accessory Uses and Structures, subsection(1) Accessory Uses Definitions and Standards is hereby amended as follows: (10) Garage See Section 21 08.01(g)(10)21-08.01(g)(11) for all attached and detached garage regulations. SECTION XIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 Access & Parking, Section 21-07.03 Vehicle Access & Parking, subsection(c) Location of Required Vehicle Parking Areas is hereby amended as follows: (4) Unless otherwise specified within the required parking location of the applicable zoning district, off street parking lots shall not be located in front of a line 5 feet behind the front or corner building facade. If the lot docs not have a building, parking areas shall have a minimum front or corner setback of 12 feet As specified in the applicable zoning district. SECTION XIV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.01 Building Standards is hereby amended by adding a new subsection (e)(10) as follows: (10) In a C district, a minimum of 66 percent of each front or corner facade of all primary buildings shall be constructed of the following building materials: (A) High quality, durable, natural materials, such as brick or stone; wood lap siding; lapped, shingled, or panel fiber cement board siding; and glass. (B) Other high quality synthetic materials such as synthetic equivalents of brick or stone, architectural precast concrete that looks like brick or stone; or traditional lime-based stucco may be approved by the Zoning Administrator. (C) Exterior insulation and finish system (E.I.F.S.). SECTION XV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.01 Building Standards, subsection (f) Façade Articulation- NC or DT District is hereby amended as follows: (f) Facade Articulation Composition - NC or DT District In a NC or DT district, these regulations are intended to encourage walkable environments by creating visually interesting buildings with human scaled details and proportions. The following regulations apply to any building greater than 50 feet wide. (1) Vertical articulation(e.g., bays, mullions, columns, pilasters, recessed - - , . - , : -- .. - - . - . -. -- is required to visually break up the massing of the front and corner facades into buildingsegmentsno greater than 25 feet in width. Vertical articulation may be satisfied through the use of architectural features such as bays, mullions, columns, pilasters,regular repetition of window patterns, a break in the building plane, or recessed entries. On corner lots, the material and articulation of the primary facade shall extend a minimum of one segment along the secondary street. (2) Horizontal articulation(e.g., base,belt courses, cornice lines, entablatures, friezes, awnings or canopies, changes in materials or window patterns, recessed entries, or other architectural treatments) is required to help distinguish the ground floor or podium from upper stories. (3) A main entrance shall effectively address the adjacent public realm and be given prominence on the building facade. This may be satisfied through the use of architectural features such as entranceway roofs or recesses; a chamfered corner; sidelight windows, transom window, or other adjacent windows; additional mouldings with expression lines; or a bay of unique width. SECTION XVI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.01 Building Standards, subsection(g) Building Components is hereby amended as follows: (11) Garage. (C) Garages oriented with garage doors facing a street or alley shall be located not less than 18 feet from the right-of-way if oriented with garage doors facing a street and at the minimum required setback of 5 feet or have a setback of not less than 18 feet from the right-of-way if oriented with garage doors facing an alley, sufficient to accommodate the parking of an automobile without blocking the sidewalk or any public way. SECTION XVII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.01 Building Standards, subsection(g) Building Components is hereby amended as follows: (16) Rear Additions Extensions. A secondary extension from the rear wall of a primary building that extends into a required rear setback for a primary building. (A) Rear additions shall have a smaller footprint, a narrower width, and a depth not greater than the main building. (B) Rear additions extensions may encroach into a required rear setback for a primary structure,but they shall be limited to a maximum of one story and shall comply with the maximum allowed height limit for accessory buildings within the applicable zoning district. (B) Rear extensions shall have a smaller footprint, a narrower width, and a depth not greater than the main building. (C) Rear additions extensions shall comply with the maximum allowed building coverage within the applicable zoning district. (D) Rear additions extensions may encroach into any established rear yard up until the rear setback for accessory buildings. Rear extensions shall meet the minimum required front, corner, and side setbacks for primary buildings. SECTION XVIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.01 Building Standards, subsection (g) Building Components is hereby amended as follows: (21) Towers, Turrets, and Cupolas. A building appurtenance component that is significantly taller than it is wide with the purpose of gaining views,providing light and ventilation to a building, adding a decorative element, or terminating an important axis including tower, turrets, cupolas, elevator or stair towers, or steeples. SECTION XIX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.02 Building Types, subsection (h) Building Type: Townhouse is hereby amended as follows: (3) Building Type Standards Building Width (total of all attached Townhouses) All other districts 8 units or X01 168' max. SECTION XX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.03 Building Frontage Types, subsection(a) Frontage Type: Porch is hereby amended as follows: (2) Frontage Standards Standards A porch shall Shall be open on three sides and have a roof. If unenclosed and open on three sides, a porch may encroach into a required front or corner setback as allowed by the applicable zoning district. Open porch bases shall be enclosed with latticework or similar material, or visually concealed with landscape. If unenclosed, a porch may encroach into a required front or corner setback as SECTION XXI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.03 Building Frontage Types, subsection (b) Frontage Type: Stoop is hereby amended as follows: (1) Description A stoop is a small raised platform that serves as an entryway to a building, typically for residential uses with small setbacks. A stoop is open o three may be roofed or open to the sky, although a covered or recessed stoop is preferred in order to provide shelter from the elements. (2) Frontage Standards Dimensions Finished Level above Sidewalk 18" min. Standards A stoop shall be open on three sides. A stoop shall Shall .•• .' . . - - .• - , directly connecting to the sidewalk, walkway, or driveway. A stoop shall be at least 18" above the sidewalk and shall have a railing or wall, a covering, or be at least 18" above the walkway or driveway. If unenclosed and open on three sides, a stoop may encroach into a required front or corner setback as allowed by the applicable zoning district. SECTION XXII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 9 Site Development, Section 21-09.02 Fences & Walls, subsection(c) Height is hereby amended as follows: (1) Fences and walls . •- . - . . ' - - . - shall not exceed the maximum height listed in Table 21-09D 36 inches, except in an I district. percentage of the fence is greater than 70 percent. In an I district, the maximum height of a fence in an established front or corner yard shall be 6 feet. Table 21-09D: Fences & Walls Maximum Height Side & Rear Front& Corner Yard Yard Less than or Equal to 70% More than Any Fence District Open 70% Open Type Si, S2, U1, U2, U3 3' 4' 6' UF, NC, DT, OS, U, C 3' 4' 8' I 6' 6' 10' ( (2) SECTION XXIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 9 Site Development, Section 21-09.02 Fences & Walls, subsection(e) Materials is hereby amended as follows: (2) In a NC or DT district, chain link fence materials are prohibited in an established front or corner yard or within 10 feet of a front or corner lot line. SECTION XXIV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11 Neighborhood & Subdivision Design, Section 21-11.02 Subdivision of Land, subsection(b) General Regulations is hereby amended as follows: (7) Easements shall be provided for utilities where necessary. When located along a rear or side lot line, easements shall be centered on such line and be at least 5 feet wide on both sides of the lot line. Easements shall be continuous to the end of the block to connect with adjoining blocks in the shortest direct line. SECTION XXV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11 Neighborhood & Subdivision Design, Section 21-11.04 Streets & Alleys, subsection(c) Alley Standards is hereby amended as follows: (1) Alleys shall be provided in commercial and industrial districts; however, the . - • - - - 2 SECTION XXVI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 13 Nonconformities & Enforcement, Section 21-13.01 Nonconformities is hereby amended by adding a new subsection(c)(4): (4) Side Setback Provision for 33' Wide Lots. A legally established lot of record as of January 1, 2020, in a Sl, U1, U2, U3, or UF district that has a lot width of at least 33 feet but less than 34 feet only shall be required to have a minimum side setback of 4 feet for residential uses. SECTION XXVII. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Tim Scott, President of the Common Council South Bend Common Council Attest: Dawn M. Jones, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2020, at o'clock . m. Dawn M. Jones, City Clerk Approved and signed by me on the day of , 2020, at o'clock . m. James Mueller, Mayor City of South Bend, Indiana