HomeMy WebLinkAbout9434-03 Amend Chapter 21, - Board of Zoning Appeals - Exceptions to District Regulations to allow Pool & Billiard Halls as Special ExceptionsORDINANCE No.
Passed by the Common Cor:ncil of the City of South Bend, Indiana
July 14, 20 03
City Clerk
esident of Common Cocrncil
Presented by me to the Mayor of the City of South Bend, Indiana
July 15,
20
03
City Clerk
Approved and signed by me July 15 20 03
Ma}br
ORDINANCE NO. 1 ~ 3~~ ~3
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 6, BOARD OF
ZONING APPEALS, DIVISION 2, EXCEPTIONS TO DISTRICT REGULATIONS,
OF THE SOUTH BEND MUNICIl'AL CODE TO ALLOW POOL AND BILLIARD
HALLS AS SPECIAL EXCEPTIONS IN THE "C" COMMERCIAL, "D" LIGHT
INDUSTRIAL, AND "E" HEAVY INDUSTRIAL DISTRICTS
STATEMENT OF PURPOSE AND INTENT
The purpose of this ordinance is to allow billiard and pool halls as a special
exception in the "C" Commercial, "D" Light Industrial, and "E" Heavy Industrial Zoning
Districts.
The Common Council of the City of South Bend finds that it is desirable to allow
high quality billiard facilities under certain circumstances.
Now, Therefore, be it ordained by the Common Council of the City of South
Bend, Indiana, as follows:
Section I. Chapter 21, Article 6, Section 21-117.06 (a) is amended by adding the
following subsection:
(2) Pool or billiard hall. A pool or billiard hall maybe permitted in the "C"
Commercial "D" Light Industrial, or "E" Heaw Industrial Districts without meeting the
requirements of subsection 21-18(b) if the Council determines that the proposed use will
not adversely affect the public health, safety or welfare, or be detrimental to adiacent
properties o r t o t he g eneral n eighborhood. The Council may prescribe any reasonable
conditions to the special exception necessary or desirable to cam out the general
purposes of this Chapter.
Section II. This Ordinance s hall b e i n f ull f orce a nd e ffect f rom a nd a fter i is
passage by the Common Council and approval by the ayor.
Member of the Common Coun it
1st R~ADIN'G ~ ~1~ ~~
PUBLIC HEARING 1-~ y-03
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TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
40-03 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 6,
BOARD OF ZONING APPEALS, DIVISION 2, EXCEPTIONS TO
DISTRICT REGULATIONS, OF THE SOUTH BEND MUNICIPAL
CODE TO ALLOW POOL AND BILLIARD HALLS AS SPECIAL
EXCEPTIONS IN THE "C" COMMERCIAL, "D" LIGHT INDUSTRIAL,
AND "E" HEAVY INDUSTRIAL DISTRICTS
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.
Karl King
Chairman
Area Plan Commission of St. Joseph County
1140 County-City Building
227 West Jefferson Blvd.
South Bend, Indiana 46601
Robert W. Sante
Executive Director
John W. Byorni
Assistant Director
Phone 574 235-9571
May 21, 2003
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 -Pool and Billiard Halls
Dear Ms. White:
Fax 574 235-9813
Attached is a proposed ordinance initiated by the Area Plan Commission. The purpose of
this ordinance is to allow pool and billiard halls as Special Exceptions in the "C"
Commercial, "D" Light Industrial, and "E"Heavy Industrial Districts rather than being
permitted uses subject to the controlled use provisions. Under the proposed ordinance,
pool halls would still be controlled uses, but would require a Special Exception through
the Board of Zoning Appeals and the Common Council.
Please place this proposed ordinance on the May 27, 2003 Common Council agenda for
first reading.
If you have any questions, please feel free to contact me.
Sincerely,
!/~
ohn W. Byorni
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
Fiied fn Clerk's ~3~fi~e
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