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Home My WebLink AboutAmending Chapter 21 Entitled Zoning 8335-92 . . - ORDINANCE No. 8335-92 Passed by the Common Council of the City of South Bend, Indiana. December 28, 92 19 � .��' Attest: City y Clerk IRENE K. GAMMON Attest: <% � - ' J President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana December 29, 92 19 4 �— -� City Clerk IRENE K. GAMMON Approved and signed by me '�'`� 19 Mayor • ORDINANCE NO. et-984-57-1.01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ZONING" STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 21 of the Municipal Code to change the allowable size of signs for nursing homes, rest homes, convalescent homes, public or private clinics, principal offices of physicians or dentists, attorneys, architects, accountants, real estate agents, advertising agents , engineers, and insurance agents in the "B" Residential District ; delete Board of Zoning Appeals review of certain uses in the "B" Residential District ; and to make certain amendments to the sign regulations. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section 1 . Section 21 . 1 . (a) . (32) of Article 10 Chapter 21 of the South Bend Municipal Code is amended to read as follows: Sec . 21 . 1 . (a) Definitions (32) Copy area means the sum-ef-the-area-of-the wends-er-ftu bens-ffte l-sided-ft3-the-s+gt4-eepy;-exel-ust-ye-ef pfetet<+a+s;-traetemarks-e -surer-advel-tfs+ftg-symbei-s entire surface of the face of the sign exclusive of supports. Section 2. Section 21 .12. of Division 5 of Article 2 of Chapter 21 of the South Bend Municipal Code is amended to read as follows: Sec . 21 . 12 . "B" Residential District ; uses permitted ; exceptions. fai443.--Nuns-ifie}-he tes res-t-he tes;-eettve-leseeft+ homes;-he tes-fer--the-deveiepme-t-tai-1-y-d#sebi-ed-or Lett-ta+-iy-#+I-pursuaft+--te--111d+after-Cede-see e t 4.6-43-2}-+-:5:-4-3;-pub-1 e-er-pri.ve e-a++ft-ies;-prifte-ipsi. eff-keyes-ef-phys+eiafts-er-deftt-i-st-s;-prev-ided-fte-ftamep-ie e exeeed+ftg-efte-f4+-square-fee+-11t-eree-is-used; (a) (4) Nursing homes, rest homes, convalescent homes , public or private clinics , principal offices of physicians , dentists, attorneys, architects, accountants, real estate agents, advertising agents, engineers and insurance agents, provided no sign • • *e+f9f--Pr-ifiefp a-i-eff ees ef-at+effleys;-areh ee+s; aeeeeli-tan+s-reaf-esta.te-ages;-aelvert-is#-ng-egefl+s; elig fteees-alid-flnstieeilee-age s;-prey+ded-fle--name-p+et-e exeeed-ing-ene-+H-square-fee+--ill-eeea--fs-used-er exhi-bf+ed fbf--Hewevee;-exeep+--fft-eases-wheve-file-sublee+ preperty-has-been-eese-ned-t rider-tire-}grey-fsfefls-ef Ar efe-7-ef-+ifs-ehapte a-ny-use-peemff+eel-by sdbseet4eft-fa+f9- -abeve-sha-ff-eMy-be-per i-itted--if aut-herfsed-by-*ire-Beard-e+-Seft-i-ng-Appeefs-as-speefffed -fn-Ar+fe-ie-6-ef-til-fs-ehapter --A-pe++++ell-fffed-befere *ire-Beard-dfi er- le-prey-is#efts-ef-subseeffeil--Eaf-E9f s raff-+fie�t stele-a-devefepme -p-kaii-fee-,ite-peeper-ty shewillg-+-ts-fees+-few;-sf e-fmprevemeflts;-*rafffe efved-is*feicr-pat erlq-e->gel-a-ny-a-tiger-essef,-tfa-f-impreve tet s ee->9 emp-ia-ted ---1/1- ire-evert*-*ire-Beard-flees-apprette-tire pe+-f -fief,;--tire-apprevai-shaf+-be-subleet- e-tire elegy*a-lepmetit-p+en-as-appreved-357-+ire-Beard-ef-Zefi-ifrg Appeaf s-efld-stteit-piaf,-sheff-eeflstftti+e-a--ffm-f+a-t+efl-efi -the-rase-ef--tire-preper y -Eel (b) Uses which are uncertain in their classification under the foregoing headings shall be reviewed by the Board of Zoning Appeals under the standards set out in section 21-111 and the interpretation of the Board shall govern. Section 3 . Section 21 .169. General Provisions of Article 10. Sign Regulations of Chapter 21 of the South Bend Municipal Code is added as follows: Sec . 21 . 169 General Provisions (c) (4) Freestanding signs in the "A" , "B" , and "D" Height and Area Districts shall be setback a minimum of five (5) feet from the right-of-way line of other than limited access highways. (c) (5) Freestanding signs along limited access highways shall be located a minimum of fifty (50) from the right-of-way line. (c) (6) Freestanding signs located within 25 feet of the pavement edge shall have a maximum height of three feet , or have a minimum clearance of ten feet between the grade and the lowest point of the sign , except that for purposes of this provision , decorative pole covers shall not be considered to be part of the sign. (c) (7) There shall be no minimum clearance requirement for freestanding signs located in excess of twenty-five feet from the pavement edge or for freestanding signs which function only as directional signs . Section 4 . Section 21 .84. of Division 9 of Article 4 of Chapter 21 of the South Bend Municipal Code is amended to read as follows: • • • (a) ( 15) In all Height and Area Districts, a solid fence or wall not more than six (6) feet in height , a fence or wall composed of at least thirty (30) percent open space to permit the unobstructed passage of air and light through such space and not more than eight (8) feet in height , or a hedge or other planting barrier not more than eight (8) feet in height may be erected in the required side and rear yards; but in no case, except as regulated in Section 21 .169 , shall any fence , wall , hedge, structure or other barrier greater than three (3) feet in height be erected between the street lot line and any set back line required by this article unless such fence , wall , hedge, structure or other barrier be composed of at least seventy-five (75) percent open space to permit the unobstructed passage of light , air or vision through such space, in which case height shall not exceed eight (8) feet . A lockable fence , five (5) foot minimum height , shall be required for all residential swimming pools, either above or below ground and such fence shall be equipped with self-closing and self-latching gates. Section 5 . 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. rte: V Member of the Common Council • 4 'z ‘ ? 9-.9A imc AREA PLAN COMMISSION RICHARD S. JOHNSON OF ST. JOSEPH COUNTY, IN Executive Director Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571 November 18, 1992 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 Chapter 21 of the South Bend Municipal Code Entitled "Zoning" - APC #1487-92 Dear Council Members: The above referenced ordinance of was legally advertised on November 5, 1992. The Area Plan Commission at its public hearing on November 17, 1992, took the following action: Upon a motion by Joseph Zappia, being seconded by John Leszczynski and unanimously carried, the proposed ordinance initiated by the Area Plan Commission amending Chapter 21 of the South Bend Municipal Code Entitled "Zoning" 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. Sincerely, 1 ichard . Johnson RSJ:sr Attachment CC: Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN ., STAFF REPjR"I' November 6, 1992 AREA PLAN COMMISSION I487-Q2 City of South Bend REQUESTED ACTION: This is an AFC initiated petition to amend the sign regulations for the "B" Residential District in the City of South Bend. Currently, office uses within the "B" District are limited to one nameplate not exceeding one square foot in area. This regulation seems to be overly restrictive, and many existing offices have received variances from the City 's Board of Zoning Appeals to install larger signs. The proposed Ordinance would amend the requirements to allow freestanding signs up to 16 square feet in area and four feet in height . This would allow a business ample advertising space, and would keep the signs in scale with a surrounding "B" Residential neighborhood. This Ordinance would also eliminate the need for site plan approval from the Board of Zoning Appeals for office • uses in the "B" District . In addition, new setbacks will be established for the signs; at 5 feet in the "A" , "B" , and "D" Height and Area Districts rather than 25 feet . Qnmmt#ter &port Jn Hp Q mmu= Moonlit of tin Mtn of£►ontli *Intl: Your Committee of the Whole to whom was referred BILL NO. 89-92 SECOND READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ZONING" . Respectfully report thdt they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, by substitution. Ann Puzzello Chairman