HomeMy WebLinkAboutAmending Chapter 21 entitled Zoning 8276-92 ORDINANCE No. 8276-92
Passed by the Common Council of the City of South Bend, Indiana_
July 13, 92
Attest: City Clerk
IRENE K. GAMMON
Attest: �� -�� ; • � President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana_
July 14, 92
19
City Clerk
IRENE K. GAMMON
Approved and signed by me. u illy 2 1 i g 9 2
a
Mayor
1.'"•?'
•
ORDINANCE NO. 8174- 9 a
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 add private, nonprofit clubs as a permitted use in
the "A-3" Zoning District , and to better define the permitted A-3
Retail and Business uses.
NOW , THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I . Section 21 .11 .1 of Division 4.5 of Article 2 of
Chapter 21 of the South Bend Municipal Code is amended to read as
follows:
Sec . 21 .11 .1 . "A-3" Mixed Use Multifamily Residential and
Commercial District .
(a) The intent of this section is to establish a zoning
district in which to permit mixed use multifamily residential
and business commercial to complement the central city area.
(b) Permitted uses:
(1) Residential uses:
a. Apartment and boarding houses.
b . Dwellings, multi- and two-family.
c . Dwellings, single- , two-, or multifamily, when
such dwellings are located in the same building as other
permitted uses.
(2) Commercial uses.
a. Retail businesses, not including vehicle or
boat sales, service, or repair establishments;
recreational vehicle dealers; fuel dealers; or any
retail establishments with outside sales or storage.
b . Sporting goods stores, with or without
ancillary rental of equipment .
c . Hotels and motels.
d . Parking garages.
e. Restaurants, not including drive-ins.
f . Class A cabarets.
Establishments for the sale of beer or
intoxicating liquor for consumption on the premises.
h . Personal services.
i . Professional services.
(3) Office uses:
a. Professional
b . Medical
c . Business
(3 .5) Hospital uses:
i
•
b . Emergency medical care service centers.
(4) Entertainment uses:
a. Theaters and motion picture theaters.
(5) Public and quasi-public uses:
a . Churches
b . Fire Stations
c . Government offices and services
d . Medical and dental clinics
e. Libraries
f . Schools
g . Utilities.
(5 .5) Clubs
(6) Accessory uses:
a. Parking garages
b . Recreational centers
c . Real estate sales and rental offices and model
dwelling units representing only the development in
which they are located , unless otherwise restricted by
the provisions of Division 13 of this article.
Section II . Section 21-1 (a) of Article 1 of Chapter 21 of the
South Bend Municipal Code is amended to add a new subparagraph ,
subparagraph 28.1 , which shall read as follows:
Sec .21-1 . Definitions.
(a) As used in this chapter , unless otherwise provided :
(28. 1) Club means an association or corporation:
a. organized , in good faith , under authority of law;
b . maintaining , in good faith , a membership roll of
paid-up memberships;
c . owning , leasing or occupying an establishment
operated solely for objects of a national , social , patriotic ,
religious, political , or athletic nature, or the like ;
d . not operated for pecuniary gain;
e. with property and advantages of the organization
belonging to its members; and
f . where the sale or provision of alcoholic
beverages, if undertaken, is done pursuant to a Club Permit
issued by the Indiana Alcoholic Beverage Commission.
Section III . This ordinance shall be in full force and effect
from and after its passage by the Common Council and approval by the
Mayor .
Member',�Sou�LBend Common Council
OV
I agned only to provide an
opportunity for public discussion
•
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
June 17, 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 by adding private, nonprofit clubs as a
permitted use in the "A-3" Zoning District, and better defining the permitted
retail and business uses within the "A-3" Zoning District - APC #1457-92
Dear Council Members:
The above referenced ordinance of Area Plan Commission was legally advertised
June 4, 1992 and June 6, 1992. The Area Plan Commission at its public hearing on
June 16, 1992, took the following action:
Upon a motion by Charles Landesman, being seconded by Jerry Phipps and
unanimously carried, the proposed ordinance initiated by the Area Plan
Commission amending Chapter 21 of the South Bend Municipal Code by adding
private, nonprofit clubs as a permitted use in the "A-3" Zoning District, and
better defining the permitted retail and business uses within the "A-3" Zoning
District 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
CC: Area Plan Commission
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN
r
STAFF REPORT June 8, 1992
Area Plan Commission 1457-92
Location:
City of South Bend
REQUESTED ACTION: This is an Area Plan Commission initiated
petition to amend the "A-3" Mixed Use
Multifamily Residential and Commercial 'Zoning
District regulations to permit clubs, and to
better define the permitted retail business
uses. Clubs are currently not included as
permitted "A-3" uses, but other similar uses,
such as Class "A" cabarets, restaurants, and
establishments for the sale of beer or liquor
are permitted. The operation of a club within
the "A-3" District seems to be appropriate
based on other permitted "A-3" uses.
Currently, the "A-3" District makes use of a
general statement in regard to retail uses.
The proposed ordinance would further define
this category by excluding some more intensive
retail uses such as automobile sales and
service and retail stores that make use of
outdoor sales and storage areas.
� ttltttttn
itt port
Ohl tie Comm Mound( of tip fatty of Smdti1 Rea:
Your Committee of the Whole
to whom was referred
BILL NO.
44-92 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 that they have examined the matter and that in their opinion
This bill should be recommended to the Council favorable.
Ann Puzzello Chairman