HomeMy WebLinkAboutAmending Articles 1, 2, 3, 4, 5, & 6 of Chapter 21 Zoning ORDINANCE No. 8059-90
•
Passed by the Common Council of the City of South Bend,Indiana
January 22, 90
tq—
Attest: ` �""' / City Clerk
IRENE K. GAMMON
Attest: ff President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
January 23, 90
t9
City Clerk
IRENE K. GAMMON
Approved and signed by me January 26 �9 90
Mayor
BILL NO.
ORDINANCE NO. 8059- 9a
AN ORDINANCE AMENDING ARTICLES 1, 2, 3 , 4 ,
5 , AND 6 OF CHAPTER 21 OF THE MUNICIPAL CODE
OF THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT: The Common Council of the City of
South Bend, Indiana, deems it necessary, in order to conserve the value
of property in the City and that the public health, safety, comfort,
convenience, morals and general welfare may be otherwise promoted in
accordance with a well considered and comprehensive plan for the use
and development of all property throughout the City to enact certain
amendments to Articles 1, 2 , 3 , 4, 5, and 6 of Chapter 21 to make
certain technical corrections and to adjust to current City conditions.
NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA as follows.
SECTION I . Chapter 21 , Articles 1, 2, 3 , 4, 5, and 6 of the
Municipal Code of the City of South Bend, Indiana, shall be amended to
read as follows:
CHAPTER 21 ZONING
ARTICLE I . GENERAL PROVISIONS
Sec. 21-1. Definitions.
(a) As used in this chapter, unless otherwise provided:
( 1 ) Abandonment means the voluntary act or failure to act by
the owner of a nonconforming use which evidences that the owner neither
claims nor retains the right to exercise the nonconforming use.
41 4.--Aeeessery-building-means-a-suberdinate-building-er-part
ef-main-building-the-use-ef-whieh-is-ineidentai-te-that-of-the-main
b iIding.-( 2) Accessory building means a structure on the same lot
with, and of a nature customarily incidental and subordinate in size
and use to, the principal use or structure on the lot, whether or not
attached to the principal building. Accessory buildings shall include,
but is not limited to, the following:
A. A private garage or automobile parking structure;
B. A storage shed greater than one-hundred and twenty
( 120) square feet in gross area; or
C. A greenhouse.
44}( 3) Accessory buildings-er use means a use which is
subordinate in area, bulk, extent and purpose to the principal
building-er use which is located on the same lot on which the main
principal building or use is situated and which is reasenably
aeeessary-and incidental to the conduct of the primary use of such
principal building or main use.
(4 ) Acreage, gross , means all lands and open spaces included
in a tract, and one-half of all abutting streets and alleys.
E}-}}( 5 ) Adult beak-stare bookstore means an
establishment having as a substantial or significant portion of its
stock in trade, books, magazines and other periodicals which are
distinguished or characterized by their emphasis on matters depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas;"L or an establishment with a segment or section
devoted to the sale or display of such material.
+1 72 4( 6) Adult business means and shall include the
following:
a. Adult bookstore;
b. Adult mini motion picture theater;
c. Adult motion picture theater;
d. Class B cabaret.
{}73}(7) Adult mini motion picture theater means an
enclosed building with a capacity of one hundred and fifty (150) or
fewer persons, which building is predominantly used for presenting
material distinguished or characterized by an emphasis on matter
depicting, describing or relating to "specified sexual activities" or
"specified anatomical areas" for observation by patrons therein.
f1 70( 8) Adult motion picture theater means an enclosed
building with a capacity of more than one hundred and fifty (150)
relating to "specified sexual activities" or "specified anatomical
areas" for observation by patrons therein.
(9) Alley means a right-of-way not less than ten ( 10) feet
wide but less than thirty ( 30 ) feet wide located at the rear or side of
lots, dedicated to public use for travel or transportation and
generally affording secondary access to abutting property.
E271}( 10 ) Amusement arcade means any establishment which
keeps, maintains or operates for hire fwe-E2} on the premises four
( 4 ) or more amusement devices. For the purposes of this chapter, an
amusement device shaft-be-inefuded-by includes but is not limited to
the following: Automatic baseball court, shooting gallery, pinball
machines, tenpin machine, and electronic or video game machine.
( 11) Amusement center means, but is not limited to, go-cart
tracks , skateboard tracks, water slides, model car or model railroad
tracks or any other similar use or any combination thereof.
E3}(12) Apartment house means a building or portion of a
building designed or used as a residence for three ( 3 ) or more families
or households living independently of each other.
E3:}}(13 ) Associated Sphere of Influence means the area
described as follows:
Beginning at the point of intersection of the
centerline of Jefferson Boulevard and the center of the St. Joseph
River; thence southeasterly along the center of the St. Joseph River to
the centerline of Monroe Street extended; thence southwesterly along
the centerline of Monroe Street and its extension to the centerline of
Lincolnway East; thence southeasterly along the centerline of
Lincolnway East to the extended centerline of the east-west alley
between South and Bronson Streets; thence west along the centerline of
said alley and its extension to the north right-of-way line of the Penn
Central Railroad; thence west along said right-of-way line to the
extended centerline of the north-south alley located between Williams
and Taylor Streets; thence north along the centerline of said alley and
its extension to the centerline of Lincolnway West; thence
northwesterly along the centerline of Lincolnway West to a point of
intersection with the extended centerline of Taylor Street; thence
northeasterly along the centerline of Taylor Street and its extension
to a point of intersection with the extended centerline of the first
north-south alley west of Portage Avenue; thence north along the
centerline of said alley and its extension to the south line of
Burrough' s Sub. of B.O.L. 115 ; thence northeasterly along said south
line of to the east line of said sub. ; thence north along said east
line 7 feet to the centerline of the east-west alley; thence east along
the centerline of said alley and its extension to the centerline of the
north-south alley located between Niles Avenue and Hill Street; thence
south along the centerline of said alley to the centerline of Jefferson
Boulevard; thence west along the centerline of Jefferson Boulevard to
+43(14) Basement means a-sterythat portion of a building
having at least half of its height below the finished grade. A
basement-shall-be-eeunted-as-a-stery-if-subdivided-and-used-fen
dwell4ng-er-business-pufpeses-
f53 (15) Block means a length of street from one (1)
intersecting street to the next intersecting street.---The and the
property fronting on a length of street between two ( 2) streets which
join or intersect such length of street.
+63( 16 ) Boardinghouse means a building, other than a hotel,
where lodging and-means with or without meals are provided for three
+33 two ( 2) or more persons whether or not for compensation.
+73( 17) Board means the South Bend Board of Zoning Appeals.
+83 ( 18) Building means a structure consisting of
foundation, walls, floor and roof_ Enelesing-spaee-te-be-eeeug±ed7
{8713(19 ) Building facade means that portion of any
exterior elevation of a building extended from grade to the top of the
parapet wall or eaves and the entire width of the building elevation,
and which may also be referred to as the "building face. "
+93( 20) Building Height of is means the vertical distance
above a reference datum measured to the highest point of the coping of
a flat roof or to the deck line of a mansard roof , to the average
height of the highest gable of a pitched or hipped roof. The reference
datum shall be selected by either of the following, whichever yields a
greater height of building:
1 . The elevation of the highest adjoining sidewalk or ground
surface within a 5-foot horizontal distance of the exterior
wall of the building when such sidewalk or ground surface is
not more than 10 feet above lowest grade.
2. An elevation 10 feet higher than the lowest grade when the
sidewalk or ground surface described in Item 1 above is more
than 10 feet above lowest grade.
The height of a stepped or terraced building is the maximum height
of any segment of the building. Building;-height-ef-means-the
mansard-reef;-and-te-the-average-height-between-eaves-and-ridge-ef-a
gabl e;-hip-er-gambrel-ree€---Far-buildings-set-baek-free-the-street
line;-the-height-of-bui}ding-may-be-measured-frem-the-average-elevatien
ef-the-finished-grade-slang-the-front-ef-the-building;-provided-its
distanee-free-the-street-line-is-net-less-than-the-height-of-sneh-grade
abeve-established-grade-
+&9}( 21) Business means an enterprise involving selling,
storing or processing goods or commodities or the rendering of
services.
f1}}( 22) Business, commercial means a retail business
selling to the public.
418}( 23 ) Business, industrial means an enterprise engaged
in the manufacture, the processing of materials or the assembling of
parts into finished or semifinished products; also the repair or
reconditioning of products, appliances, machines, furniture or other
goods which involve manufacturing operations or processes. This class
of business may be further subdivided into light industrial or heavy
industrial.
*1275}( 24) Cabaret means any a commercial establishment
where persons congregate for the purpose of eating, drinking, dancing
or singing and where musical or live entertainment is provided.
{13}--eertifieate-ef-eeeupaney-means-a-eertifieate-issued-by
the-Building-Department-authorising-an-eeeupaney-under-the-Serving-Law:
{4371}--Blass-A-eabaret ( 25) Cabaret, Class A means any
cabaret, not including a Class B or C cabaret or family restaurant,
which has on the premises an area from which minors are excluded
pursuant to I .C. 7.1-5-7-9 , 10 and 11.
{13-2}--Blass-B-eabaret ( 26) Cabaret, Class B means any
cabaret, not including a Class A or C cabaret or family restaurant,
which features topless dancers, go-go dancers, exotic dancers,
strippers, male or female impersonators, or similar entertainment. and
whieh-has-en-the-premises-an-area-free-whieh-miners-are-exelnded
pursuant-te-l-e--771-5-7-97-19-andII
( 28) Certificate of occupancy means a certificate issued by
the Code Enforcement Bureau of Buildings authorizing an occupancy under
the local Zoning and Building Codes.
410( 29) Commercial use: See Business, Commercial.
f15}( 30) Commission means the Area Plan Commission of St.
Joseph County.
f1571 3,(31) Controlled use means those uses of property
which are recognized as having serious objectionable characteristics,
particularly when several of them are concentrated, thereby having a
deleterious effect upon the adjacent areas; and shall include the
following:
(a) Adult beeksterebusiness;
fb}--Adult-metien-pieture-theater;
fe}--Adult-mini-metiea-pietnre-theater;
+d+ (b) Amusement arcade;
let (c) Class A cabaret;
f€} elass-B-eabaret;
fg}(d) Establishment for the sale of beer or
intoxicating liquor for consumption on the premises, except a family
restaurant. as-defined-in-seetien-21-1{22.0544};
fh} (e) Pawnshop;
+4+ ( f) Pool or billiard hall;
f3} (q) Public dance hall.
{15-2}( 32) Copy area means the sum of the area of the words
or numbers included in the sign copy, exclusive of pictorials,
trademarks or other advertising symbols..
+15:3}( 33) County means St. Joseph County, Indiana.
f16}-eeurt (34) Courtyard means an open, unoccupied space,
other than a yard, on the same lot with a building and which is bounded
on at least two (2) sides by the building.
41671}( 35) Besign-Review-eemmittee-means-an-advisery
eemmittee-established-by-the-Redevelepmemt-eemmissien-in-eertaia
redeveeepmeat-prejeet-areas.- (Reserved)
f}672}(36) Display area means the total area upon which sign
copy may be placed. In computing the total display area of a. sign,
mathematical formulas for geometric shapes formed by straight lines
drawn closest to the extremities of the sign, excluding any structural
members or embellishments, shall be used.
}17}(37 ) Dwelling means a building or portion thereof
arranged or designed to provide living facilities for one (1) or more
families.. Dwelling includes a manufactured home, mobile home, modular
home and site constructed home, but does not include a motel or hotel.
+10( 38) Dwelling, one-family means a building designed
for, or occupied exclusively by, one ( 1) family.
419}(39) Dwelling, two-family means a building designed
for, or occupied exclusively by, two ( 2) families living independently
and exclusively from each other.
f29}( 40) Dwelling, multiple-family: See Apartment house.
+21}( 41) Dwelling unit means a building or a portion
thereof designed or arranged to provide living facilities for a single
family. Each dwelling unit shall contain permanently installed kitchen
and toilet facilities.
+2171 1( 42) Embellishment means an addition to the display
area of a sign on which a continuation of an advertising message may be
placed. Such addition shall not be a continuous border which would
constitute an increase in the display area. Standard bases and
standard trim shall not be considered embellishments.
{2172}( 43) Exterior features means the arrangement and
general design of a building, structure or use, including the
architectural style, scale or form, architectural details, such as
windows, doors, light fixtures, fences, walls, steps or other
appurtenances, the color, type or texture of building materials, signs,
natural features, such as trees, rocks or rock formations, or bodies of
water.
f22}( 44) Family means one or more persons related by blood,
legal adoption or marriage, living and cooking as a single housekeeping
exceeding two ( 2) , living and cooking together as a single housekeeping
unit though not related by blood, legal adoption or marriage, shall be
deemed to constitute a family. A person or persons residing with a
family as hereinabove defined by reason of placement by a publicly
licensed placement agency shall be considered as members of that
family.
f22785}( 45) Family restaurant means any establishment whose
main business function is the retail sale of food for consumption on
the premises, and which does not have on the premises an area from
which minors are excluded pursuant to I .C. 7 .1-5-7-9, 10 and 11, or
pursuant to any policy of the establishment.
+2271}( 46) Federal Insurance Administration €er-purpeses
e€-seetiens-21-4fg},-21-6fe};-21-37fe};-21-189fe}f119}and-21-36:2
threugh-21-36 74; means the administration office for the National
Flood Insurance Program.
f2272}(47) Flood means a general and temporary condition of
partial or complete inundation of normally dry land resulting from the
overflowing of a river, stream or other body of water, or the unusual
and rapid accumulation of runoff surface waters; the collapse or
subsidence of land along the shore of a lake or other body of water
resulting from erosion or undermining caused by waves or currents
exceeding anticipated cyclical levels or by an unusually high water
level accompanied by a severe storm or other force of nature. For
purposes of this ordinance,seetiens-21-4fb}:-21-6fe)--21-37fe};
21-189fa}}119}-aad-21-3672-threngh-21-3674; the regulatory flood
shall be the one hundred-year flood.
f2273}( 48) Flood hazard area means that portion of a
floodplain which is not adequately protected from flooding by means of
dikes, levees, reservoirs or other works approved by the Natural
Resources Commission and which is subject to a one (1) per cent chance
of flooding annually.
f2274}( 49) Flood protection grade means the lowest
elevation around the perimeter of a building at which floodwater may
( 22. 5) ( 50) Floodplain means the area adjoining a river or
stream which has been or which may hereafter be flooded, so designated
by the Federal Insurance Administration on the Flood Insurance Rate
Maps, Flood Boundary and Flood Maps and Flood Insurance Study dated
February 17 , 1988, along with any subsequent revisions hereby adopted
by reference.
422:6}( 51) Floodproofed building means a commercial or
industrial building designed to maintain a dry perimeter. All such
floodproofing shall be adequate to withstand the flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with a regulatory flood.
Ef77}( 52.) Floodproofing means a combination of structural
and nonstructural additions, changes or adjustments to properties and
structures which maintain a dry interior and eliminate flood damage to
lands, water and sanitary facilities, and contents of buildings.
42278 4(53) Floodway means the channel of a river or stream
and those portions of the floodplain which are reasonably required to
efficiently carry or discharge the floodwater of the river or stream,
so designated in the "Flood Insurance Study for the City of South Bend,
Indiana," dated February 1, 1978, prepared by the Federal Insurance
Administration.
42279)-( 54) Floodway fringe means that portion of a flood
hazard area outside the limits of the floodway, so designated in the
"Flood Insurance Study for the City of South Bend, Indiana," dated
February 1, 1978, prepared by the Federal Insurance Administration.
f23}(55) Floor area means the floor area of a building and
shall be taken-te calculated as the sum of the gross areas of the
several floors of the building, measured from the exterior faces of
exterior walls or from the center line of common walls. Floor area
shall include floor openings for stair wells, elevator shafts and
duct-work, floor space used for mechanical equipment, open or enclosed,
penthouses, attic space having headroom of seven (7) feet, ten (10)
inches or more, interior balconies, mezzanines and enclosed porches,
is-abeve-finished-grade-er-when utilized as a dwelling unit or for
business, office, commercial or industrial purposes. F1eer-area-sham
net-be-ine3uded-when-used-far-e€€-street-parking-er-aniead4ng7 Space
within a building used for off-street parking or unloading shall not be
considered floor area.
(-23 .-1}( 56) Floor area ratio means the total gross floor
area of a building or buildings on a lot divided by the lot area.
4241 ( 57) Frontage means the contact of abutting property
with a street which affords unobstructed access to the property.
425}( 58) Garage, privates means an accessory building with
capacity for storing not more than three ( 3) motor vehicles, and used
for storage only.
426}( 59) Garage, publics means a garage, other than a
private garage, used for the storage, care, repair or servicing of
motor vehicles, or where such vehicles are stored for remuneration er
sale.
427}(60) Grade, established& means the elevation of the
street grade in front of a property as fixed by the Engineering
Department of the City.
4284--Gress-aereage-means-aii-lands-and-apex-spaees-ineiuded
in-a-traet;-and-ene-has€-e€-aii-abutting-streets;-alleys-and-utility
easeMents-
t29}--Gress-ieasab}e-area-means-the-tetai-€leer-area-designed
fur-tenant-eeeupaney-ineiuding-basements;-mezzanies-and-upper-€seers;
but-exeiuding-areas-speei€ieaiiy-designated-fer-storage;-expressed-in
square-€eat-and-measured-from-the-venter-sine-ef-3eint-gartitiens-end
€rem-eutside-waif-€aees-
429 1*(61) Historic landmark:--A means a building,
structure, object, district, land use, area or site of historical
significance and designated as a historic landmark on the Historic
Preservation Plan.
429723( 62) Historic preservation---The means the
research, protection, maintenance, restoration, rehabilitation,
this chapter, this definition shall apply to the preservation of
exterior features only.
f2973}( 63) Historic Preservation Commission---The means
the Historic Preservation Commission established under the provisions
of this chapter.
f2970-(64) Historic Preservation Plan:--A means a
comprehensive plan, including maps, surveys or studies, prepared by the
Historic Preservation Commission for the preservation of an historic
landmark and subsequently approved by the Area Plan Commission and
officially adopted by the Common Council of the City of South Bend.
( 65) Home occupation means a use which, when conducted in a
residential district, is traditionally accepted and customarily
conducted entirely within a dwelling and carried on by the occupants
thereof as gainful employment which use is clearly incidental and
secondary to the use of the dwelling for the dwelling purposes; which
does not change the character thereof nor require external alterations
or involve the construction of features not customarily involved in
residential use and which use shall not occupy more than twenty-five
( 25) percent of the gross floor area of any one floor.
4.39t(66) Hotel means a building in which lodging, with or
without meals, is provided and offered to the public for compensation,
and which is open to transient guests. Hotel includes motels and
autemeblle-eetirts; but does not include ledgingboarding houses-and.
tear±st-hemes.
t3671}(67) Improvement location permit:--A means a
building permit issued by the Building Commissioner in accordance with
the provisions of sections 21-4(b) , 21-6(c) , 21-37(e) , 21-109(a) (}l9)
and 21-36. 2 through 21-36. 4 prior to the erection or alteration and use
of a building or structure or use of land, stating that the proposed
building, structure and/or uses comply with all applicable provisions
of said sections.
( 68) Leasable area, gross, means the total floor area
designed for tenant occupancy including basements, mezzanines and upper
expressed in square feet and measured from the center line of joint
partitions and from outside wall faces.
+3l}--Ledging-heuse-means-a-dwelling7-ether-than-a-hete1 -ln
whieh-mere-than-twe-E2i-perseas-are-given-ledglng-whether-er-net-fer
eempensatien-
+32}(69) Lot means a parcel of ground set apart by
recognized boundary lines, and having frontage upon a street.
+333(70) Lot of record means a lot which is a part of a
subdivision, the map of which subdivision has been recorded in the
office of the Recorder of St. Joseph County, or for which a deed has
been recorded in the office of the Recorder of the County.
+34+(71) Lot, corner means a lot at the junction of two (2)
streets, with frontage on two (2) of its boundary lines.
+35}(72) Lot, interior means a lot with frontage on but one
( 1) street.
+361(73) Lot, through means a lot having frontage on two
( 2) parallel or approximately parallel streets.
+37*(74) Lot lines means the boundary lines of a lot as
herein defined.
+38+(75) Major building means a building housing the
principal occupancy on a lot.
+3871}(76) Manufactured home means a dwelling, designed and
built in a factory, which bears a seal certifying that it was built in
compliance with the National Manufactured Housing Construction and
Safety Standards Law (1974 U.S.C. 5401 et seq. ) .
+3872+(77) Manufactured home, Type A means a manufactured
home which:
a. Was constructed after January 1, 1981; and
b. Has more than nine hundred fifty ( 950) square feet of
occupied space and is composed of more than one (1) section; and
c. Is placed onto a permanent under floor support system
in accordance with approved installation standards, as specified in
section 21-175; and
d. Is placed onto a permanent perimeter enclosure, in
accordance with approved installation standards, as specified in
section 21-175; and
e. Has wheels, axles and hitch mechanisms removed; and
f. Has siding material of a type customarily used on
site-constructed homes, as specified, in section 21-176 ; and
g. Has roofing material of a type customarily used on
site-constructed homes, as specified in section 21-177 .
439}(78) Mobile home means any vehicle or portable
structure designed for long-term occupancy, containing sleeping
accommodations, a flush toilet, a bathtub or shower, kitchen facilities
and plumbing and electrical. connections providing for attachment to
outside systems; designed to be transported after fabrication on its
own wheels, flatbed truck, other trailer or detachable wheels; which,
when arriving at the site where it is to be occupied as a complete
dwelling unit, including major appliances, is ready for occupancy
except for minor and incidental unpacking and assembly operation,
located on foundation supports, and is connected to external utilities
and electrical system. Mobile home does not include a modular home or
manufactured home, Type A.
441}(79) Mobile home park means a parcel of land in single
ownership which has been developed with all necessary facilities and
services in accordance with a site development plan meeting all the
requirements of this chapter and which is intended for the express
purpose of providing a satisfying living environment for mobile home
residents on a long-term basis.
449 4-(80) Mobile home park lot means a designated site
within a mobile home park for the exclusive use of the occupants of a
single mobile home.
448.-H}(81) Mobile home subdivision lot means a designated
site within a mobile home subdivision for the exclusive use of the
occupants of a single-family dwelling unit.
442}(82) Mobile home subdivision means a parcel of land
single-family dwellings and where either public utilities are provided
or utilities are provided by management for a service charge.
{42;91}(83) Modern accouterments mean all fixed external
antennae.
442785}(84) Modular home means a dwelling, designed and
built in a factory for installation or assembly at the building site,
and which bears a seal certifying that it was built in compliance with
Indiana Public Law 360, Acts of 1971, as promulgated by the Indiana
Administrative Building Council.
442,_1}(85) Natural Resources Commission means the Natural
Resources Commission of the State of Indiana.
44272 3-(86) National. Manufactured Housing Construction. and
Safety Standards Code means Title VI of the 1974 Housing and Community
Development Act ( 42 U.S.C. 5401 et seq. ) , as amended (previously known
as the National Mobile Home Construction and Safety Act) , rules and.
regulations adopted thereunder, which include information supplied by
the home manufacturer stamped approved by the U.S. Department of
Housing and Urban Development pursuant to HUD rules, and regulations
and interpretations of said code by the Indiana. Department of Fire and
Building Services.
44273}( 87) Neighborhood development committee means an
advisory committee to the Historic Preservation Commission established
under the provisions of this chapter.
f43}( 88) Occupancy means the use to which a building or
premises is devoted.
440--eeexpat4en;-heme-means-persenai-servlees-eendaeted-in-a
heme-by-the-eeeupan€-elan;-net-inverting-sale-er-display-seems:
+44771 4-(89) Occupied space means the total area of earth
horizontally covered by the structure, excluding accessory structures,
such as, but not limited to garages, patios and porches.
445}(90) Off-street parking space means a suitably surfaced
area provided for the off-street parking of vehicles. Such spaces
shall be a useable area containing a minimum of one hundred and eighty
(9) by twenty ( 20) feet and-shall-be-adequately-surfaeed;-drained;
sereened-and-landseaped- Aisle, access or maneuvering space shall not
be included in the minimum useable area.
f4571}(91) One-and Two-Family Dwelling Code means the
nationally recognized model building code prepared by the Council of
American Building Officials., adopted by the Indiana-Administrative
Building-eeuneil-+ABe};-as-mandated-threugh-Pubiie-Baw-368;-Aets-ef
1971;-and;-whieh-ineiudes-these-supplements-and-amendments-pre ulgated
by-the-ABeIndiana Department of Fire and Building Services.
+55}( 92) Useable-eQpen space means those spaces useable
for outdoor recreational living and household uses normally carried on
outdoors; which are not devoted to nonhousehold uses, vehicular use or
parking; which are open to the sky; which, if above grade, are
structurally sound and adequately surfaced and protected; and which are
accessible to all occupants of the dwelling unit or units for whom the
space is required.
f4572*( 93) Permanent perimeter enclosure means a permanent
perimeter structural system completely enclosing the space between the
floor joists of the home and the ground.
+40( 94) Place means an open, unoccupied space, other than
a street or alley, permanently reserved for purpose of access to
abutting property.
447}( 95) Planned residential development means a tract of
land under single ownership or control, which is to be developed as a
unit, according to an overall development plan and which complies with
the intent and requirements of this chapter regarding such
developments.
+47795}(96) Redevelopment Project Area means those areas of
the City adopted by the South Bend Redevelopment Commission for
redevelopment, known also as development areas.
(4771}( 97) Regulatory flood profile means a longitudinal
profile along the thread of a river or stream showing the maximum water
surface attained by the regulatory flood.
4.4?73 4-(98) Section when used in regard to a manufactured
home means a component of a manufactured home, Type A, which is at
least twelve ( 12) body feet in width and thirty ( 30) body feet in
length, and which does not by itself constitute a dwelling unit.
f48}(99) Setback means the those minimum horizontal
distances between the sheet property line and the front lines of
the building, or any projection thereof, excluding steps, unenclosed
porches and sun parlors.
+4871}(100) Sign means a structure, including the frame and
supports of such containing any printed text, pictorial representation,
emblem or other object, and which is used to identify, instruct,
attract, guide or advertise.
(a) Major Categories: For the purpose of this chapter,
uses of signs shall be identified as follows:
1. Development sign: A temporary construction sign
denoting the architect, engineer, contractor, subcontractor, financier,
or sponsor of a development and designating the future occupant or use
of the development.
2. Directional sign: A sign of eight ( 8) square
feet or less and containing information relative to the location,
distance to, entrance and exit from structures, sites or land use
activities.
3 . Institutional bulletin: A sign of any
governmental agency, religious group, hospital or school, located on
the premises and bearing only the information related to the activities
conducted on the premises, persons involved or other such information.
4. On-premises identification sign: A sign which
identifies or advertises the profession, land use activity, individual,
project or service occupying or available on the premises.
5. Outdoor advertising sign: An off-premises sign
which directs attention to businesses, products, services or
establishments not usually conducted on the premises on which the sign
is located and which, for the purposes of this chapter, shall be
6. Public information sign: A sign containing
emergency or legal notices and regulatory information.
7 . Real estate sign: A sign advertising the fact
that the premises on which it is located is for sale, lease or rent.
8 . Temporary sign: A display, informational sign,
banner or other advertising device with or without a structural frame,
not permanently attached to a building, structure or the ground, and
intended for a limited period of display, including decorative
displays, for holidays or public demonstrations.
(b) Structural Types: For the purposes of this chapter,
signs shall be classified according to their structural type:
1. Facia sign: A single-face sign which is in any
manner attached or affixed to an exterior wall of a building or
structure or mounted above or below a canopy and which projects no more
than eighteen (18) inches from and does not extend more than six (6)
inches above the parapet line, eaves or building facade. Individual
letters, in addition to the "box-type" sign, may also be installed as a
facia sign.
2. Flashing sign: An illuminated sign on which the
artificial light is not maintained stationary or constant in intensity
or color.
3. Freestanding sign: A sign supported by one or
more uprights, poles, columns or braces placed in or upon the ground
surface and not attached to any building or structure.
4. Illuminated sign: A sign illuminated by gas,
electricity or other artificial light, including reflective or
phosphorescent light.
5. Marquee or canopy sign: A sign attached or
applied below a marquee, canopy, awning or other roof like structure.
6. Multi-face sign: A sign more than one side of
which is visible. A "V-type" sign shall be considered a multi-face
sign, provided the least angle of intersection does not exceed ninety
(90) degrees.
7 . Portable sign: A freestanding sign not
permanently anchored or secured to either a building or the ground.
8. Projecting sign: A multi-face sign, end-mounted
to an exterior wall of a building or structure and which projects out
from the wall more than eighteen (18) inches.
9. Roof-mount sign: A sign erected wholly upon or
over a roof of any building.
10. Single-face sign: A sign only one side of which
is visible.
f48 73}(101) Site-constructed home means a dwelling,
primarily constructed on the site where it is to be occupied, meeting
the building codes in effect at the time of construction.
44872}(102) Specified anatomical areas means and
includes the following:
a. Less than completely and opaquely covered: ( 1) human
genitals, pubic region, (2) buttock and (3) female breast below a point
immediately above the top of the areola;
b. Human male genitals in a discernibly turgid state,
even if completely and opaquely covered.
+49}(103) Specified sexual activities means and includes
the following:
a. Human genitals in a state of sexual stimulation or
arousal;
b. Acts of human masturbation, sexual intercourse or
sodomy;
c. Fondling or other erotic touching of human genitals,
pubic region, buttock or female breast.
(104) Staff means the. Department of Code Enforcement which
includes the Building Commissioner.
458}(105) Story means the portion of a building between the
surface of any floor and the surface of the floor above, or if there be
no floor above it, to the ceiling next above.
f5i}(106) Story, half means a story under a gable, gambrel
exterior walls, are not more than two ( 2) feet above the floor of such
story.
(-52}(107) Street means a public thoroughfare more than
sixteen ( 16) feet wide which affords the principal access to the
abutting property.
4.53}(108) Structure means an edifice of any kind, or any
piece of work artificially built up or composed of parts joined
together in some definite manner.
4.54}(109) Structural alteration means any change in the
supporting members of a building such as bearing walls, columns, beams
or girders but does not include remodeling or cosmetic repairs which do
not affect supporting members of a building.
4.54- }(110) Substantial improvement means, for purposes of
floodplain regulation, any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds forty (40) percent of
the market value of the structure, excluding the value of the land,
either: (a) before the improvement is commenced; or (b) prior to damage
if the structure has been damaged and is being restored.
Substantial improvement shall be considered to occur
when the first alteration of any wall., ceiling, or other structural
part of the building commences. The term shall not include any repair,
reconstruction or improvement of structures listed on the National
Register of Historic Places or the State. Inventory of Historic Places.
4.5472 3-(111) Sun parlor means a glass-enclosed porch.
( 112) Swimming Pool. Any artificial body of water of
permanent or temporary construction that is constructed, installed or
maintained in or above the ground with a controlled water supply and
with a capacity for water containing eighteen (18" ) inches in depth at
any point which is used, or intended to be used solely by the owner,
lessee or occupant of the principal building(s) on the lot where
located and the family, friends, guests of such owner, tenant or
occupant.
(-56).( 113) Yard means an open space, other than a
f58}(115) Yards side; means epen-spaee a yard between
the building and the side line of the lot.
Sec. 21-2. Enforcement of chapter; appeals.
The Building Commissioner shall see that this chapter is enforced
through the proper legal channels. Appeal from the decision of the
Building Commissioner may be made to the South Bend Board of Zoning
Appeals as provided by Article 6 of this chapter.
Sec. 21-3. Plat Site plan submission; records; restriction..
(a) All applications for building permits shall be accompanied by
a plat site plan in duplicate drawn to scale, showing the actual
dimensions of the lot to be built upon the size of the building to be
erected, and such other information as may be necessary to provide for
the enforcement of this chapter.
(b) A careful record of such applications and plats site plans
shall be kept in the office of the Building Commissioner.
(c) No yard, eeurtcourtyard or other open space provided
abeataround any building for the purpose of complying with the
provisions of this chapter shall again be used as a yard,
eeurtcourtyard. or other open space for another building.
Sec. 21-4. Conflicts with chapter, interpretation.
(a) Private covenants. This chapter shall not interfere with or
abrogate or annul any easements, covenants or other agreements between
parties; provided, however, that where this chapter imposes a greater
restriction upon the use of buildings or premises or upon heights of
buildings, or requires larger open spaces than are imposed or required
by other ordinances, rules, regulations or permits, or by easements,
covenants or agreements, the provisions of this chapter shall govern.
(b) Flood hazard areas. Within a designated floodplain, floodway
or floodway fringe, the provisions of this Ordinance 8rdinanee-Ne:
6394-98-feedified-herei a-at-seetiens-21-1+22-1}-through-E22-9};-f39-1};
f 42-1};-f 47-13--f54:13--21-4Eb};-21-6fei--21-37fe};-21-189fa}{11};-and,
21-3672-through-21-3673relative to land use and control and other
measures designed to minimize or eliminate existing or potential flood
districts described in this chapter are set forth in and on maps hereby
designated as a "Book of Maps" together with all amendments thereto and
the proper notations, references and other information shown thereon
are hereby adopted and by this reference made a part of this chapter
with the same force and effect as though described and set out in full
herein.
(b) At least two (2) copies of the "Book of Maps" are on file in
the office of the City Clerk for public inspection and use.
Sec. 21-5. 5 Subdivision of land permitted.
Subdivision of land per the City subdivision ordinance may occur in
all zoning districts.
ARTICLE 2. USE DISTRICT REGULATIONS
DIVISION 1. DISTRICT BOUNDARIES
Sec. 21-6. Use district regulations; boundaries; Use District Map.
(a) In order to regulate and restrict the location of trades,
callings, industries, commercial enterprises and the location of
buildings designed for specified uses, the City is divided into "Use
Districts," of which there shall be eleven (11) known as:
"A" Residenee Residential District.
"A-1" Residenee Residential District.
"A-2" Planned Residential Development District.
"A-3" Mixed Use Multifamily Residential and Commercial
District.
"B" Residenee Residential District.
"B-1" Residenee Residential District.
"C-1" Commercial District.
"C-2" Planned Shopping Center District.
"C" Commercial District.
"D" Light Industrial District.
"E" Heavy Industrial District.
(b) The boundaries of the districts are shown upon the Use
District Map contained in the "Book of Maps."
"F-1" Floodway District.
"F-2" Floodway Fringe District.
(d) "HP" Historic Preservation Districts shall be established as
overlay zoning districts.
Sec. 21-7. Boundaries of districts; uncertainty.
(a) Where uncertainty exists with respect to the boundaries of the
various districts as, shown in the "Book of Maps," as adopted in section
21-5, the following rules shall apply:
(1) The district boundaries are either streets or alleys
unless otherwise shown, and where the designation in the "Book of Maps"
indicating the various districts are approximately bounded by street or
alley lines, the street or alley shall be construed to be the boundary
of such districts.
( 2) Where the district boundaries are not otherwise indicated
and where the property has been or may hereafter be divided into blocks
and lots, the district boundaries shall be construed to be lot lines,
and where the designation in the "Books of Maps" indicating the
various districts are approximately bounded by lot lines, the lot line
shall be construed to be the boundary of such district, unless the
boundaries are otherwise indicated in the "Book of Maps."
(3) In subdivided property, the district boundary line in the
"Book of Maps" shall be determined by use of the scale contained in
such book.
DIVISION 2. "A" RESTBENBE RESIDENTIAL DISTRICT
Sec. 21-8. "A" Resideaee Residential District; uses permitted.
(a) In the "A" Residenee Residential District buildings or
premises may be used, and buildings may be erected or structurally
altered, for the following uses only:
(1) Single-family dwellings of the following types:
(1.1) Site-constructed home;
( 1.2) Modular home; and
( 1.3) Manufactured home, Type A; provided the
(A) Manufacturer;
(B) Model name/serial number;
(C) Year of Manufacture;
(D) Exterior dimensions;
(E) Roofing material; and
(F) Siding material and treatment.
(2) Churches.
( 3) Libraries.
( 4) Farming and-tnnek-gardening:
(5) Accessory Buses customarily incidental to any of the
above uses and not involving the conduct of a business, except that the
legal title holder to a dwelling, living in such dwelling for not less
than nine (9) months during the calendar year may provide lodging for
no more than two ( 2) persons living and cooking as a single
housekeeping unit,whether-er-nethowever, if for compensation the
lodging must be for a term of at least three months as established by a
written lease, unless otherwise restricted by the provisions of
Division 13 of this Article.
( 6) Heme-eeengatien;-ef€iee-ef-ghpsieian;-surpass-,-dentists
when-leeated-in-the-dwelling-plaee-a€-sueh-person;-previded-ne
nameplate-exeeeding-ens-f}}-square-feet-in-the-area-is-used- A home
occupation is permitted only with the following conditions: There
shall be no person or persons except members of the occupants'
immediate family employed, nor shall any electronic or mechanical
equipment be employed except that customarily associated with domestic
use. There shall be no substantial increase in foot traffic. The
following shall be considered some examples of customary home.
occupations, as intended by this section: author, artist, bookkeeping,
data processing, recordkeeping, sculptor, teacher, typing, minister,
dressmaking, millinary, seamstress, tailor, home cooking and
preserving, laundry and. ironing. Such uses shall not be considered
home occupations: personal service shops such as beauty and barber
shops, restaurants, boardinghouses, animal hospitals, dancing schools,
(7) Accessory buildings including one ( 1) private garage
whether attached to the house or as a separate building, unless
otherwise restricted by Chapter 21. the-prevsiens-ef-Bivisien-l3-ef
this-Artieie-.
( 8) Reserved.
{49}(9) Nenprefit-h Hospitals, which de-net-ease-far-er
treat-insane-er-feeble-minded-patients;-egilegties;-drug-addiets-er
aleehelie-patients-and are not penal or correctional institutions.,
provided that:
(A) The lot to be used is at least four ( 4) acres.
(B) No part of any building shall be located less than
fifty (50) feet from any bounding lot or street line.
fE}--eff-street-parking-spaee-is-provided- n-the-ratie
ef-eae-{l}-parking-stall-te-eaeh-twe-{2}-patient-beds-
{ll}(10) No traeter-trailer-eembinetiea-Vehiele-er
detaehed-treeter-er-trailertractor, trailer, tractor-trailer
combination, or vehicle in-excess-ef-twe-{2} equal to or in excess of
one and one half (1 1/2) tons capacity may be parked upon any land or
premises in an "A" Residenee. Residential District.
(11) Residential facilities for the mentally ill or the
developmentally disabled pursuant to Indiana Code 16-13-21-11.5, 12.
However, a residential facility for the developmentally disabled or
mentally ill shall not be located within three thousand (3 ,000) feet of
another residential facility for the developmentally disabled or
mentally ill., as measured between lot lines.
( 12) Day care or child care facilities pursuant to Indiana
Code 12-3-2-12.6.
{9}( 13) Uses which are uncertain in their classification
under foregoing headings shall be reviewed by the Board of Zoning
Appeals. The interpretation of the Board shall govern.
DIVISION 3 . "A-I" RESIBENBE RESIDENTIAL DISTRICT
Sec. 21-9 . "A-i" Residence Residential District; uses permitted.
premises may be used, and buildings may be erected or structurally
altered for the following uses only:
( 1) Any use permitted in the "A" Use District.
( 2) Two-family dwellings.
( 3) No traeter-trailer-eembinatien-vehiele-er-detaehed
traeter-er-trailer tractor, trailer, tractor-trailer combination, or
vehicle in excess oftwe-f2}one and one-half (1-1/2) tons capacity may
be parked upon any land or premises in an "A-1" Residenee Residential
District.
DIVISION 4. "A-2" PLANNED RESIDENTIAL DEVELOPMENT DISTRICTS
Sec. 21-10. "A-2" Planned Residential Development District; intent
of District.
(a) In the "A-2" District lands and buildings may be used and
buildings erected or structurally altered for the following use only:
Planned Residential Developments., provided that an exception permitting
such use is granted by the Board. of Zoning Appeals under the provisions
of this section and the intent of subsection (b) and requirements of
section 21-11 are complied with.
(b) The intent of this section is to permit more flexibility in a
large-scale development through land use controls that foster good
environmental design without violating the constitutional requirements
of uniform classification and adequate standards; that permit planned
residential developments in accordance with the Comprehensive Plan of
the City; that permit a variety of housing accommodations including
single-family detached, two-family and multi-family dwellings, and land
uses in imaginative and orderly physical and esthetic relationship to
one another; that permit the grouping and preservation of open space,
school sites, recreation areas and lands for other public, semipublic
(including churches) and private purposes; that permit the development
of an area rather than individual lot development. No particular
development shall necessarily include all the requirements set forth
above.
( a) The owner or holder of a written option to purchase land for a
Planned Residential Development, including a private redeveloper under
contract with the Redevelopment Commission to acquire land by purchase
may file a petition in accordance with the following provisions:
( 1) The tract proposed shall consist of one (1) or more
contiguous parcels of land comprising an area of four ( 4) acres or more
in size, unless the tract be bounded on all sides by public
rights-of-way, public lands, watercourses, or less restrictive use
districts, in which case it may be smaller than four (4) acres.
( 2) The major use of the tract shall be residential, and may
include single-family, two-family and multi-family dwellings and the
usual accessory buildings or uses such as garages, storage space and
community activities:, unless otherwise restricted by the provisions
of Bivisian-l3-ef-this-Artiele. Chapter 21.
(3) The tract may contain commercial and professional uses as
an integral part of a residential development; but such uses shall be
planned and gauged primarily for the service and convenience of
residents of the Planned Residential Development, and shall be
authorized only to the extent that such uses are not available to the
residents within a reasonable proximity.
( 4) Planned Residential Developments shall be designed to
create environments of stable and desirable character; they must
provide provisions for recreation space adequate to meet the needs of
the anticipated population or as designated in the Comprehensive Plan.
( 5) The tract must be served directly by streets of
appropriate size, function and capacity and all buildings shall be
served by public sewer and water.
DIVISION 4. 5. MIXED USE MULTIFAMILY RESIDENTIAL
AND COMMERCIAL DISTRICT
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
commercial to complement the central city area.
(b) Permitted uses:
( 1) Residential uses:
a. Apartments 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 business.
b. Hotels and motels.
c. Parking garages.
d. Restaurants, not including drive-ins.
e. Class A cabarets.
f . Establishments for the sale of beer or intoxicating
liquor for consumption on the premises.
g. Personal services.
h. Professional services.
( 3) Office uses:
a. Professional.
b. Medical.
c. Business.
( 4) Entertainment uses:
a. Theatres and motion picture theatres.
( 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.
( 6) Accessory uses:
a. Parking garages.
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.
DIVISION 5. "B" RESIBENEE RESIDENTIAL DISTRICT
Sec. 21-12. "B" Resideaee Residential District: Uses permitted;
exceptions.
(a) In the "B" Resideaee Residential District no building or
premises shall be used and no building shall be erected, moved,
structurally altered or enlarged, which is intended or designed to be
used in whole or in part other than for one (1) or more of the
following specified uses.:
(1) Any use permitted in the "A-1" Resid:enee. Residential
District;
(2) Apartment housesyand boarding and.-iedging houses.;
and.-teurist-heroes;
( 3) Institutions of an educational, philanthropic or
eleemosynary nature;
( 4) Nursing homes, rest homes, convalescent homes, homes for
the developmentally disabled or mentally ill pursuant to Indiana Code
Section 16-13-21-11.5, 12, public or private clinics, principal offices
of physicians or dentists, provided no nameplate exceeding one ( 1)
square foot in area is used;
( 5) The following nonprofit organizations: Private clubs,
lodges, fraternity and sorority houses, social and recreational center
buildings, except those whose chief activity is a service customarily
carried on as a business;
( 6) Customary agricultural uses, except farms operated for
the disposal of refuse, garbage, offal, fur and stock farms;
(7) Accessory buildings or uses customarily incidental to
any of the above uses when located on the same lot, unless otherwise
restricted by the provisions of Bivisiea-i3-e€-this-Artieie Chapter
( 8) No traeter-trailer-eembinat ea-Vehieie-er-&etaehed
traeter-er-trai1ertractor, trailer, tractor-trailer combination, or
vehicle in excess of twe-f2.}one and one-half (1-1/2) tonss capacity
may be parked upon any land or premises in a "B" Resideaee
Residential District;
(9) Principal offices of attorneys, architects, accountants,
reaiters real estate agents, advertising agents, engineers and
insurance agents, provided no name plate exceeding one (1) square foot
in area is used or exhibited.
(b) However, except in cases where the subject property has been
rezoned under the provisions of Article 7 of this chapter, saeh
aseany use permitted by subsection (a) (9) above shall only be
permitted if authorized by the bBoard. of. Zoning appeals as
specified in Article 6 of this chapter. A petition filed before the
bBoard under the provisions of subsection (a) ( 9) shall include a
development plan for the property showing its location, site
improvements, traffic circulation pattern and any other essential
improvements contemplated. In the event the bBoard does approve the
petition, the approval shall be subject to the development plan as
approved by the bBoard of stoning appeals and such plan shall
constitute a limitation on the use of the property.
(c) 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 §21-111 and the interpretation of the
Board shall govern. ,
DIVISION 6. "B-1" RESIDENTIAL DISTRICT
Sec. 21-13 . "B-1" Residential District; intent of district.
(a) The intent of this section is:
(1) To establish a residential district in which the uses and
regulations are restricted to permit the development of mobile home
parks and subdivisions;
(2) To permit the development of mobile home parks and
( 3) To establish standards which will permit mobile home
parks and subdivisions to become an asset to the community.
(b) Mobile homes and manufactured homes which are not Type A may
be located only within a B-i Residential District.
Sec. 21-14. "B-1" Residential District; uses permitted.
(a) In the "B-1" Residential. District no building, premises or
dwelling shall be used and no building or dwelling shall be erected,
moved, structurally altered or enlarged, which is intended or designed
to be used in whole or in part for other than one (1) or more of the
following specified uses:
(1) Mobile home park.
( 2) Mobile home subdivision.
( 3) Accessory buildings or uses customarily incidental to
any of the uses permitted within this district..-, unless otherwise
restricted by the provisions of Bivisiea-l3-ef-this-Artiele- Chapter
21.
(4) Self-serviee-laundry-establishments Laundromats,
provided:
(A) The use is located within a mobile home park and is
so placed as to be intended only for the use of the residents within
the park and shall not present any visible evidence of its commercial
nature to areas outside the park.
(B) Reserved.
{e}--There-shall-be-twe-{2i-impreved-eff-street-parking
sgaees-er-eae-{l}-per-three-{3}-griaeipal-egeratiag-maehiaes;-whiehever
is-greater:
( 5) Reserved.
( 6) Customary agricultural uses, except farms operated for
disposal of either refuse, garbage, offalaador furs, or farms which
are to be operated for slaughter, pen feeding and stock raising.
(7) Service building and other community buildings for
exclusive use of the residents of only the mobile home park.
(8) No traeter-trailer-eembiaatea-vehiele-er-edger-truek-er
tractor-trailer combination, or vehicle in excess of one and. one-half
(1-1/2) tons capacity may be parked upon any land or premises in a
"B-1" Residential District.
Sec. 21-15. Mobile home park; design requirements.
(a) The following design standards shall be construed as minimum
requirements for all mobile home parks:
(1) Mobile home parks shall meet the requirements as set
forth in the Indiana Mobile Home Parks Act of 1955, as amended and the
Indiana State Board of hHealth Regulations (H.B. 304, Act 1955, Burns
1955 Cumulative Supplement, Sections 35-2841 to 35-28814 as amended by
H.B. 374, 404, Laws 1957, as amended by P.L.161-1987, I.C. 13-1-7) .
( 2) Each mobile home park lot shall be provided with water
and sewage, as determined by the Mobile Home Parks Act, Sections-13
end-141.C. 13-1-7-12,13. Each lot shall also be connected to
electricity.
( 3) Each mobile home park lot shall be provided with
submerged or hidden refuse containers which have tight sealing lids.
( 4) The minimum area of a mobile home park shall be ten ( 10)
acres with a minimum of two hundred ( 200) feet of frontage on a major
thoroughfare or have access to a major thoroughfare as approved by the
Area Plan Commission.
( 5) The minimum area per mobile home park lot shall be four
thousand ( 4,000) square feet.
( 6) The minimum mobile home park lot width shall be forty
(40) feet except around cul-de-sacs where the minimum frontage accepted
shall be twenty-five ( 25) feet, previded-that-thirty 439}-feet;-eR-a
radial;-frem-the-pavement-edge-the-let-width-is-ferty-f49}-feet
-provided that, on a radius extended into the lot from the center of
the cul-de-sac to a point thirty ( 30) feet from the front property
line, the lot width is at least forty (40) feet.
(7) Except at established entrances and exits serving the
mobile home park, a dense greenbelt of evergreen trees and/or shrubs,
not less than six ( 6) feet high after one (1) full growing season and
located and effectively maintained at all times along the boundary of
the mobile home park.
( 8) The mobile home park shall be adequately lighted as
determined by the South Bend Board. of Public Works.
(A) All lights shall be located and shielded in such a
manner as to prevent direct illumination of sleeping areas and any area
outside of the mobile home park.
(9) The minimum distance between any mobile home and any
other mobile home or structure shall be ten ( 10) feet at any one ( 1)
point and average at least. twenty ( 20) feet the entire length or width
of each mobile home or structure. Each mobile home shall be at least
ten (10) feet back from the edge of the pavement of a. private roadway
within the park and at least twenty ( 20) feet from the property line of
the mobile home park.
( 10) Each mobile home park lot shall be provided with a
foundation designed to support the maximum anticipated loads during all
seasons and approved by the building commissioner. When solid concrete.
slabs are not used, the area between the foundation shall be filled
with a four-inch layer of washed rock.
(11) No mobile home park office, mobile home, service
building or structure shall be closer to a public street right-of-way
than forty ( 40) feet.
fl2}--eff-street-parklxg-must-be-provided-te-aeeeramedate-at
least-ene-and-ene-half-41-lf2}-vehieles-Per-mobile-home.-Park-let.---
There-shall-be-a-eeavealently-leeated-area-fer-vlslter-Parking-at-a
tabs-ef-ene-half-flf2}-sgaee-Per-let-with-a-minimun-ef-twenty-five
425}-speees-previded-per-park-
f13} (12) All roads within a mobile home park must have a
concrete or hot or cold bituminous concrete surface of at least twenty
(20) feet in width.
(A) Entrance roads must have a pavement width of at.
least thirty-four (34) feet.
( 14) No addition shall be made to a mobile home except a
mobile home manufacturer.
(15) At least two hundred and fifty (250) square feet per
mobile home park lot, not to include streets, parking areas, park
service area and not a part of the mobile home park lots, shall be
provided in one or more locations on the premises for recreation
purposes. The minimum of such a recreation area shall be twenty
thousand ( 20,000) square feet or the above, whichever is greater.
( 16) Each mobile home. park shall be provided with either one
(1) central waterproof structure, with one (1) space per lot, available.
to all mobile home park lots or a single waterproof structure on each
mobile home park lot suitable for storage of goods and the usual
personal effects of persons occupying the mobile home park.
( 17) The mobile home park shall be designed so as not to
increase the storm water run-off to adjoining property that will, result
from the development.
( 18) Concrete sidewalks, a width of four ( 4) feet minimum,
shall be constructed and located in such a manner as to provide access
from all mobile home park lots to all common use areas in the park.
Also, sidewalks must be provided from all entrances to mobile homes to
adjacent streets and/or sidewalks.
(19) All mobile homes and other portable structures shall be
properly secured and anchored against the force of tornadic winds in
accordance with the requirements of the. bulldkng-dDepartment. of Code
Enforcement.
(20) There shall be sufficient off-street storage area for
trailers, boats, etc. , located in a common-use area in the park.
(21) Each mobile home shall have properly attached to it a
skirt or extension of adequate opaque non-flammable material, or any
other similar material acceptable to the building commissioner,
covering the opening from the bottom of the unit to the ground.
Sec. 21-16. Mobile home subdivisions; design standards.
(a) The following design standards shall be construed as minimum
requirements for all mobile home subdivisions:
(1) All mobile home subdivisions shall meet zoning
requirements for the "A" Residential Use District and the "A" Height
and Area District of this Chapter.
( 2) All mobile home subdivision development must meet the
procedural requirements and design standards of the subdivision
ordinance, as amended.
( 3) This section shall not prohibit the construction of
dwelling units which meet the regulations concerned with dwelling units
within the city.
( 4) Consideration will be given to any developer who wishes
to develop a-planned-unit-development an unique design and/or wishes
to control his development with a homes association.
( 5) The minimum area of a mobile home subdivision shall be
ten (10) acres with a minimum of two hundred (200) feet of frontage on
a public street.
( 6) No more than one ( 1) single-family dwelling unit shall be
placed on any one (1) mobile home subdivision lot.
(7) No single-family dwelling unit with less than five
hundred ( 500) square feet in a primary unit, exclusive of cabanas,
shall be permitted on any lot in a mobile home subdivision.
Sec. 21-17. "B-1" Residential District; site plan requirements.
(a) Preliminary or sketch plan. A preliminary or sketch plan
shall be submitted with the zoning petition to indicate the
petitioner' s intent relative to the general land use and circulation
arrangement and also show the following:
(1) A typical arrangement of lots along a street with
dimensions.
( 2) Tabulated data stating acreage of site, number of lots,
density--gross and net, percentage of land in open space, percentage
covered (including walks, patios, roofs, streets, etc. )
(3) Dimensioned cross section of the entrance roads.
(4) Soil map.
( 5) Location of adjacent streets and sanitary and storm
(b) Final development plan. A final development plan shall be
submitted within two ( 2) years of the date of the rezoning to B-1. No
building permit shall be issued until a final development plan has been
given approval by the aArea pPlan ecommission and such approval
marked or stamped on the plan with the Commission' s seal of approval.
The final development plan shall show the following:.
( 1) The proposed title of the project and the name of the
engineer, architect, or landscape architect, and the developer.
( 2) North point, scale and date.
( 3) Existing zoning and zoning district boundaries.
(4) The boundaries of the property involved, all existing
easements, section lines, and property lines, existing streets,
buildings, watercourses, waterways, or lakes, and other existing
physical features in or adjoining the project.
( 5) Topography of the project area.
( 6) The location and sizes of sanitary and storm sewers,
water mains, culverts, and other underground structures in or near the
project.
(7) The location, dimensions, and character of construction
of proposed streets, alleys, driveways, curb cuts, entrances and exits,
loading areas, parking areas (including numbers of parking and loading
spaces) , outdoor lighting systems, storm drainage and sanitary
facilities.
(8) The location and dimensions of proposed lots, setback
lines, and easements.
( 9) Location with respect to each other and to lot lines of
all proposed buildings and structures together with their height.
( 10) Location, height, and material of all fences, walls,
screen plantings, and landscaping.
(11) Location and character of proposed uses.
( 12) Location, character, size, height and orientation of
proposed signs.
(13) A tabulation of total number of acres in the project
(c) Development schedule and staging. The mobile home park shall
be designed as a unified project but may be built in stages in
accordance with a schedule approved by the Area Plan Commission. If
there is not substantial compliance with the approved schedule, the
council may, after expiration of a period of two ( 2) years from the
date of approval of the final development plan, study conditions and
changes of conditions in the area and after report from the area plan
commission the council may, by ordinance, reduce or eliminate the
district through normal rezoning procedures.
(d.) Amendment to final development plan. Amendments or additions
to the final development plan shall be submitted to the Area Plan
Commission fortkeirits approval. No deviation from the originally
approved plan shall be permitted unless approval for the amendment or
addition is so noted on the final development plan with the
Ceommission' s. seal. The Area Plan Commission may determine that an
amendment or addition is of such a nature as to require a public
hearing.
(e) Additional requirements by the Area Plan Commission or
council. Before recommending approval of a "B-1" District to the
council or during the review of the final development plan, the Area
Plan Commission may make reasonable additional requirements as to
landscaping, and maintenance thereof, lighting, signs, screening,
accessway, curb cuts, traffic control, height of buildings, and setback
of buildings.
DIVISION 7 . "C" COMMERIeCIAL DISTRICT
Sec. 21-18. "C" Commercial District; uses permitted.
(a) In the "C" Commercial District buildings and premises may be
used, and buildings may be erected or structurally altered for the
following uses only:
(1) Any use permitted in the "C-1" Commercial District.
( 2) Ambulance. services.
( 3) Amusement centers.
( 5) Art galleries.
(22(6) Auto accessories stores.
(37) Automobile, motorcycle and boat salesreems.
(48) Awning and tent sales and service.
45}--Ba}}reems7
( 69) Bakeries with not more than five (5) operating
employees.
(710) Banks.
(11) Barber and beauty schools.
(12) Battery repair shops.
( 813) Bicycle and appliance sales and. repair.
(14) Boating, fishing, swimming and marine supply sales.,
display, rental and repairs.
(15) Bottled gas service and sales.
(16) Bowling alleys.
(17) Cabarets, Class C.
( 18) Cabinet and carpentry shops with not more than. five ( 5)
operating employees..
( 19) Car washes.
(20) Caterers.
( 21) China shops.
( 922) Cleaning and dyeing plants with not more than five
( 5) operating employees.
( 23) Clock or watch repairs.
(1924) Clothing stores.
( 25) Coin or philatelic stores.
(26) Computing and data processing services.
( 27) Confectionary sales.
( 28) Cosmetics stores.
( 29) Costume rental services.
( 1130) Custom tailor shops.
( 31) Dance studios.
(32) Day care or child care facilities pursuant to Indiana
(1233) Department stores.
( 34) Diaper services.
( 35) Drive-in restaurants.
( 36) Drugstores.
( 37 ) Dry cleaners, pickup and self-service (not more than
five ( 5) operating employees) .
(1338) Dry goods stores.
( 39) Emergency medical care service centers.
(40) Employment agencies.
(1441) Farm implement and supply stores, when stock is
completely housed.
( 42) Feed stores, retail.
(1543) Floor covering salesrooms.
(1644) Fraternities, sororities, lodges and clubs.
( 45) Fruit and vegetable stores.
(1346) Furniture stores.
(1847) Furnace sales and service, with stock completely
housed.
( 48) Furriers, including cold storage of garments.
(1949) Garages, public for storage, sale, repair and
reconditioning of motor cars, provided that no public garage shall have
an entrance or exit for motor vehicles within fifty ( 50) feet of an
entrance or exit of a public or private school, playground, public
library, church, hospital, ehi1 dren1s-er-e1d-peep1e's-heme-er-ether
similar-pt lie-er-semipubiie-institntieaday care facility or nursing
home.
( 2950) Gasoline stations.
( 2151) Greenhouses, for growing and sales: or flower
shops.
( 52) Gunsmith or gun stores.
( 53) Haberdasheries.
( 2254) Hardware stores: or key shops..
(55) Health, exercise or reducing studios.
( 2357) Hotels and motels.
(2458) Household outfitting stores-tor interior decorating
services.
(2559) Ice storage, with not more than five (5) tons
capacity.
( 60) Ice-vending stations.
( 2661) Industrial uses that are clearly incidental to a
retail business on the same premises.
( 2962) Jewelry sales and repair.
(2863) Janitor' s supply stores.
( 2964) Kitchen equipment stores.
(3965) Laboratories, medical and dental.
( 66) Land surveyor' s offices (no outside equipment) .
( 67) Laser light gun tag and other similar arenas
}31}--Laundries7-with-net-mere-than-five-}5}-egeratiag
empleyees-
( 68) Laundromats, self-service (not more than five ( 5)
operating employees) . .
( 69) Laundries, pick-up (not more than five ( 5) operating
employees) .
(3270) Leather goods sales and repair stores.
(3371) Letter service.
(72) Live bait shops.
(3473) Loan companies.
(3574) Locksmiths.
(75) Luggage stores.
(3676) Lumber sales, with stock entirely housed.
(3977) Machine shops, with not more than five (5) operating
employees.
(3878) Manufacturing or assembly, with not more than five
( 5) operating employees.
(79) Massage establishments..
(3980) Meat markets.
( 82) Monument shops.
( 4083) Mortuaryies.
( 84) Motion-picture and video producing.
(4185) Moving picture theaters.
( 86) Museums.
(4287 ) Music stores.
( 4388) News dealers.
f44}--Newspaper-plant:
( 4589) Offices and oaffice buildings..
(4690) Office equipment and suppliesv stores.
(91) Optician or optometrist office and retail sales.
( 4792) Paint, paper and glass stores.
(93) Pet shops, and hobby and toy stores.
( 94) Pest control, without storage of chemicals.
(4895) Photograph studios..
(4996) Photographers' equipment, supplies and service.
(97) Photographic development laboratories.
( 98) Picture framing shops.
(5099) Plumbing and heating shops.
( 100) Pottery sales.
f51}--Printing-sheps7
(101) Publishing establishments, newspapers or printing
shops.
(52102) Radio and stereo sales and service.
(103) Railroad or motor bus passenger stations.
(1041 Record and tape sales.
( 105) Recording studios.
( 53106) Restaurants and taverns: establishments for the
sale of beer or intoxicating liquor for consumption on the premises.
(107) Rummage shops or secondhand stores.
( 108) Skating rinks and amusement centers.
(55109) Store fixture salesrooms.
(110) Taxidermists.
( 56112) Theaters and auditoriums.
(57113) Tire dealers, with stock and all service completely
housed.
( 58114) Tobacco stores.
( 115) Transmitter stations and towers for radio and/or
television.
(116) Travel bureaus.
( 117) Trophy shops.
(59118) Upholstering shops.
( 69119) Used car sales lots.
(61120) Variety stores.
(62121) Veterinary hospitals.
(122) Video rental and sales.
( 63123) New Wholesale display and sales.
(124) Window blind sales or repair shops.
( 64(125) Uses which are uncertain in their classification
under the foregoing headings shall be reviewed by the Board of Zoning
Appeals and the interpretation of the Board shall govern.
(54126) Reserved-Accessory buildings or uses customarily
incidental to any of the uses permitted within this district, unless
otherwise restricted by the provisions of Division 13 of this
Article.. , or of §21-84(a) ( 8) , (1l) .
(b) In addition to the above permitted uses, uses defined as
controlled uses in S21.-1(a) (31) are permitted uses under the following
conditions: In order to prevent the development of a blighted area, no
building or premises may be used and no building may be erected, moved,
structurally altered or enlarged for any controlled use, if such
building or premises is located within one. thousand (1,000) feet of any
property lines of any two (2) controlled uses, as such is defined in
section 21-1(157131) ; provided, however, that a controlled use may be
structurally altered for purposes of constructing, enlarging or
refurbishing kitchen, food service, restroom or storage areas if such
structural alteration is performed within the existing building, and
(c) In order to promote the use of the downtown and eastbankEast
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 is exempt, for the purpose of this
chapter, from the locational restrictions in section 21-18(b) herein,
in the area bounded by a line drawn as follows:
Beginning at a point formed by the intersection of the north
right-of-way line of Madison Avenue and the west right-of-way line of
William Street; thence south along the west right-of-way 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 along said right-of-way to the north right-of-way line of South
Street; thence east along said right-of-way to the west right-of-way
line of William Street; thence south along said right-of-way, extended
to the south right-of-way of the Conrail property; thence southeasterly
along said right-of-way to the west right-of-way of Lafayette
Boulevard; thence north along said right-of-way to the south
right-of-way line of Monroe Street; thence east along said right-of-way
to the southwest right-of-way line of Lincolnway East; thence.
southeasterly along said right-of-way to the southeast right-of-way
line of the portion of Monroe Street between Lincolnway East and the
St. Joseph River; thence northeasterly along said right-of-way to its
intersection with the centerline of the St. Joseph River; thence
northwesterly along said centerline to the north right-of-way line of
Jefferson Boulevard; thence east along said right-of-way to the first
alley east of Niles Avenue; thence north along said alley, extended, to
the north right-of-way line, extended, of Sorin Street; thence west
along said right-of-way to the east right-of-way line of Niles Avenue;
thence north along said right-of-way 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 right-of-way line, extended, of Madison Avenue; thence west
along said right-of-way to the west right-of-way line of William
Street, which is the point of beginning, all in the City of South Bend,
St. Joseph County, State of Indiana.
(d) No building or premises may be used and no building may be
erected, moved, structurally altered or enlarged for any adult business
use within five hundred ( 500) feet of any of the following use
districts:
(A) In the City of South Bend:
( 1) "A" Residenee Residential. District
(2) "A-1" Residenee Residential District
( 3) "A-2" Planned Residential Development District
( 4) "A-3" Mixed Use Multifamily Residential and
Commercial District •
( 5) "B" Residenee Residential District
(6) "B-1" Residenee Residential District
( 8) "C-2" Planned Shopping Center District
w
(B) In St. Joseph County:
( 1) "C-2" Planned Shopping Center District
( 2) "R" Single-Family Residence
( 3) "R-1" Mobile Home Park
( 4) "R-2" Multifamily
( C) In the City of Mishawaka:
( 1) "R-1" Single-family
(2) "R-2" Single and Multifamily
( 3) "R-3" Preference for Multifamily
( 4) "R-4" Mobile Home
( 5) "C-2" Shopping Center
( 6) PUD Planned Unit Development Projects
DIVISION 8. "C-1" COMMERCIAL DISTRICT
Sec. 21-19. "C-1" Commercial district; uses permitted.
(a) In the "C-1" Commercial District buildings or premises may be
used and buildings may be erected or structurally altered, for the
following uses only:
( 1) Any use permitted in the "B" Use District except one-,
two- and multi-family houses.
( 2) Antique and gift shops.
(3) Banks..
(34) Barbershops.
( 45) Beauty shops.
(56) Book and stationery shops.
( 67) Confectionery stores.
(78) Drugstores.
(89) Florist shops.
( 910) Groceryies, meat markets.
(il) Laundry or dry cleaning pickup station.
(1012) Office Buildings.
( 1113) Buildings or uses that are accessory to uses permitted
( 1214) Uses which are uncertain in their classification under
the foregoing headings shall be reviewed by the Board of Zoning Appeals
and the interpretation of the Board shall govern.
(1315) Self-service laundry establishments, provided:
(A) The use is located on a lot adjoining a major
throughfare as designated by the Major Thoroughfare Plan for the City.
03}--Reseraed-
(es) One (1) improved off-street parking space shall.
be provided on the same lot as the principal building for every three
(3) principal operating machines.
(BC) Before the issuance of a building permit the
proposed parking area and all proposed improvements thereto shall be
submitted to the Board for approvals -And and the same shall be
subject to any reasonable conditions that the Board may impose.
+14} Banks:
f1.S} haundry-er-dry-eleaning-piekup-statiens:
DIVISION 9. "C-2" PLANNED SHOPPING CENTER DISTRICT
Sec. 21-20. "C-2" Planned Shopping Center District; intent of district.
(a) The intent of this section is:
( 1) To establish a commercial district in which the uses and
regulations are restricted and in which traffic and parking congestion
is reduced to a minimum.
( 2) To protect and preserve property values in the
surrounding residential districts.
f3} That;-insefar-as-pessible;-ail-eemaaereiai-areas-in-newly
develeped-pertiens-ef-the-eity-shall-take-glaee-in-se-2u-Bistriet-
Sec. 21-21. "C-2" District; area required.
(a) No "C-2" District shall contain less than three (3) acres,
however, within the "C-2" District, three ( 3) types of shopping centers
are delineated for purposes of this chapter according to the floor area.
occupied, as follows:
Type Gross leasable area
Community center 100,000 - 300,000 square feet
Regional center Over 300,000 square feet
(b) The permitted uses requirements for each type of shopping
center are outlined in this division.
Sec. 2.1-22. "C-2" District; preconditions to zoning change.
No area shall be zoned for "C-2" use if there exists in the area
sought to be zoned any residential, commercial, industrial or other use
which would be nonconforming under the terms of this division.; however,
the area may be zoned, if the developer guarantees the removal or
discontinuance of the nonconforming use.
Sec. 21-23. "C-2" District; uses permitted.
(a) Neighborhood Center:
( 1) Appliance repair shops.
(2) Bakeriesy(maximum of five (5) operating employees) .
( 3) Banks.
( 4) Barbershops.
( 5) Beauty shops.
( 6) Bicycle sales and repair shops.
(7 ) Books and newspaper sales.
( 8) Candy stores.
( 9) Clothing and clothing accessories stores.
( 10) Delicatessens.
( 11) Dressmaker-tailor shops.
( 12) Dry cleaners, pickup and self-service (not more than five
( 5) operating employees) .
( 13) Dry goods stores.
(14) Drugstores.
( 15) Five and Ten-cent Stores.
(16) Flower Shops.
(17) Gift Shops.
( 18) Groceries.
( 19) Hardware stores.
( 20) Hobby and Toy Stores.
( 22) Ice Storage (not more than five ( 5) ton capacity) .
( 23) Jewelry Sales and Repair stores.
( 24) Key Shops.
( 25) Laundromats, self-service (not more than five ( 5)
operating employees) .
(26) Laundryies, pick-up (not more than five (5) operating
employees) .
( 27) Magazines sales.
( 28) Meat Markets.
( 29) Medical Clinics and Offices.
( 30) Milliners.
(31) Paint and Wallpaper Stores.
(32) Package Liquor stores.
(33) Photographic and Art Equipment sales.
(34) Radio-TV Service and Repair shops.
( 35) Family Restaurants.
(36) Shoe Repair shops.
( 37) Shoestores.
( 38) Sporting Goods stores (Primary use is sale of new
equipment) .
( 39) Stationery Stores.
( 40) Pebaeee-PreduebsTobacconists shops.
( 41) Tools stores(Small tools rental and service store) .
( 42) Variety and Drygoods Stores.
( 43) Accessory buildings and uses customarily incidental to
any of the above usest, unless otherwise restricted by the provisions
of Division 13 of this Article..-or of §21-84(a) (8) , (11) .
(b) Community Center
( 1) All uses permitted in Neighborhood Center.
( 2) Automobile Accessory Stores.
( 3) Cold Storage Lockers.
( 4) Department Stores.
( 5) Discount Centers.
(7) Furniture Stores (Primary use is sale of new furniture) .
(8) Garden Center and Patio Stores.
( 9) Home Appliances (Primary use is sale of new appliances) .
(10) Interior Decorating shop.
(11) Musical Instruments sales(Primary use is sale of new
instruments) .
(12) Office Supply stores(Primary use is sale of new office.
equipment) .
( 13) Offices, General.
(14) Photographic Studios.
(15) Supermarkets.
( 16) Accessory buildings and uses customarily incidental to
any of the above uses:, unless otherwise restricted by the provisions
of Division 13 of this Article:or of §21-84(a) (8) , ( 11) .
(c) Regional Center
( 1) All uses permitted in Neighborhood and Community Centers.
( 2) Auto Service Centers.
( 3) Bowling Alleys.
( 4) eeektail-heunges.-Establishments for the sale of beer or
intoxicating liquor consumption on the premises.
( 5) Gasoline Sales and Other Related Petroleum Products.
( 6) Indoor Theatres.
(7 ) Accessory buildings and uses customarily incidental to
any of the above uses..-, unless otherwise restricted by the provisions
of Division 13 of this ArticleTor of §21-84(a) ( 8) , (11) .
Sec. 21-24. "C-2" District; width required.
Each "C-2" District shall have an average width of not less than
two hundred ( 200) feet. No boundary line shall be less than one
hundred (100) feet in length.
See:-21-25:--ue-2u-Bistriet7-parking-requirements-
fa}--eff-street-eustemer-parking-spaees-within-the-ue-2u-Bistniet
shall-be-previded-in-eaeh-type-ef-eenten-in-aeeendanee-with-the
fellewtng-
fl}--Neighberheed-eeater Eight-48 4-sgaees-per-eaeh-ene
thousand-41y9993-square-feet-ef
grass-leaseabie-area:
.R4--eemmunity-eeater Seven-f?}-sgaees-per-eaeh-eae
thousand-14y099}-square-feet-ef
grass-leaseable-area:
{3}--Regieaal-eeater Five-and-eae-haff-f575}-sgaees-per
eaeb-ene-theusand-+17999 3-square
feet-ef-grass-leaseable-area:
See 7-?1-267--ae-211-Bistriet;-parkng-areas-landseapedr
fa}--The-parking-areas-shall-be-reasenably-landseaped-with-trees
and-shrubs-and-shall-eenferm-ts-the-felleWing-design-standards:
4l}--Minimum-area.---Bash-eff-street-parking-apnea-shall-net-be
less-than-nine-f9}-feet-by-twenty-4.26}-feetr
f2}--Aeeess.7--Eseh-required-eff-street-parking-spaee-shall
epee-direetly-upen-an-aisle-er-driveway-of-sueh-width-and-design-as-te
previde-safe-and-effi ei ent-means-ef-vehieular-aeeess-to-sueh-parking
spaeer--All-eff-street-parki ag-faeiiities-shah-be-designed-With
apprepri ate-means-ef-vehieular-aeeess-te-a-street-er-alley-in-a-manner
whieh-Will-least-interfere-With-traffie-mevementr
f3}--Surfaeing---All-span-eff-street-parking-areas-eentaining
mere-than-feur-f4}-parking-sgaees-shall-be-surfaeed-With-a-durable,.
dust-free-eement-eenerete-er-het-er-veld-bituminous-eenerete-surfeee,
whieh-meet-er-exeeed-minimum-speeifieatiens-preseribed-by-the-Beard-ef
Publie-Werks-and-Safetyr
f4 4---Branage-and-maintenanee---eff-street-perking-faeilities
shall-be-graded-se-as-te-prevent-drainage-ante-abutting-property-andfer
inte-the-publie-streets-and-alleysr--Bry-Wells-ef-a-eenstruetien
eapaeity-and-des iga-appreved-by-the-eity-eivil-Engineer-shell-be
installed-te-eelleet-all-runoff-Water-unless-adequate-sterm-sewers-er
drainage-ditehes-are-available.--Bry-wells-shall-be-eleaned.
periedieally-se-that-they-Wiii-eelieet-the-design-eapaeity-ef-runoff
waterr--These-drainage-previsions-shell-net-apply-Where-a-different
Pubiie-Werks-and-Safety:--Parking-areas-shah-be-maintained-in-a-elean
aad-erderly-eenditien-at-the-expense-ef-the-ewner-er-lessee-aad-net-be
used-fer-the-sale;-repair?-or-dismantling-er-servieing-ef-any
vehieles7-equpment? materials-er-supplies:
1-5}--Bighting7--Any-lghting-used-te-illuminate-eff-street
parking-areas-shall-be-direeted-away-€rem-residential-preperties-in
sueh-a-way-as-net-te-ereate-a-nuisanee-
f6}--Marking.---Parking-spaees-in-faeilities-eentaining-ten
f ei-spaees-er-mere-shall-be-marked-by-painted-lines-er-eurbs-er-ether-
means-te-indieate-indvidual-spaees:--Sueh-parking-areas-shall:-previde
bumper-guards-er-eurbs-where-parking-spaees-abut-street-right-ef-way
lines.---Signs-er-markers-shall-be-used-as-neeessary-te-insure
effieient-traffie-eperatien-e€-the-faeility:--
See:-21-27:--ue-211-Bistriet7-leading-requirements.-
fa}--Ane-fl}-eff-street-spaee-fer-standing7-leading-and-unleading
shall-be-provided-fer-eaeh-twenty-five-thensand-f257888}-square-feet-ef
aggregate-gross-€leer-spaee-fer-all-buildings-in-this-Bistriet.---Sueh
spaee-is-defined-as-an-area-a€-apprepriate-dimeasiens-at-least-fifty
f58}-feet-in-depth,-twelve-fl2}-feet-in-width;-with-an-everhang
elearanee-ef-net-less-than-feurteen-f}$}-feet7-exelusive-ef-aeeess?
piatferm7-er-maneuvering-area;-to-be-used-exelusively-fer-the-leading
and-unleading-ef-merehandiser
fb}--All-truek-leading-and-unieading-€aeilities-shall-be-designed
with-appropriate-means-ef-Brook-aeeess-te-a-street-er-alley-as-well-as
maneuvering-areas:--All-sueh-faeillties-shall-be-suitably-graded,
drained;-and-sur€aeed-
Sections 21-25 through 21-27 are reserved for future use.
Sec. 21-28. "C-2" District; yard specifications.
(a) No building shall be less than fifty (50) feet or any parking
area less than twenty ( 20) feet from any street right-of-way line.
(b) Neighborhood Center: For the purpose of providing a buffer
area no building shall be less than fifty (50) feet or any parking area
less than twenty (20) feet from any property line which abuts a
(c) Community Center: For the purpose of providing a buffer area
no building shall be less than one hundred (100) feet or any parking
area less than thirty (30) feet from any property line which abuts a
residential zoning district..
(d) Regional Center: For the purpose of providing a buffer area
no building shall be less than one hundred (100) feet or any parking
area less than thirty ( 30) feet from any property line which abuts a
residential zoning district.
(e) All open space areas., excluding parking and access areas or
areas where structures are proposed, shall be reasonably landscaped and
maintained. The Area. Plan Commission may require that shrubbery
forming a permanent screen be maintained at not less than six (6) feet
in height and in conformance with the provisions of Section
21-84(a.) ( 15) , along any property line which abuts a residential zoning
district.
Sec. 21-29. "C-2" District; height.
No building shall exceed three (3) stories or forty ( 40) feet in
height.
Sec. 21-30. "C-2" District; division.
For the purpose of calculating the minimum area, lot width, lot
dimension, floor area ratio, percentage of lot covered by building, and
yard requirements established by Section 21-28, a single "C-2" District
cannot lie on two ( 2) sides of a public street or alley. Any area
designated "C-2" District and lying on both sides of a public street or
alley shall be deemed to be two ( 2) "C-2" Districts, and all minimum
requirements shall be met by buildings on each side of the street or
alley as separate districts.
Sec. 21-31. "C-2" District; supportive data required.
(a) The proponents of a. Planned Shopping Center shall submit
supporting data for review and tentative approval of the Area Plan
Commission. The supporting data shall include, but not be limited to,
an economic analysis and a traffic survey prepared by reputable
analysts and a showing by the proponents of financial responsibility to
(b) If the area is zoned "C-2" , the proponents shall submit a
development plan which shall conform to the supporting data to. the Area
Plan Commission for its approval or disapproval. In acting upon the
development plan the Commission may require additions, alterations, or
changes to the development plan and details thereof as a prerequisite
of approval. The Commission shall require, in addition to the
requirements of this Division, provisions for the following:
(1) Pedestrian and traffic safety, both within and
surrounding the Shopping Center.
(2) The separation of truck service from customer traffic.
Sec. 21-32. "C-2" District; building permit; issuance; revocation.
(a) No building permit shall be issued unless the development plan
has been given final approval by the Commission and such approval
marked or stamped on the plan with the Commission' s seal of approval.
(b) Any person who fails to commence construction of the Shopping.
Center within twenty-four (24) months after the date of final approval
of the development plan or who fails to carry to completion one hundred
percent (100%) of the development plan within three ( 3) years after the
final approval or within two (2) years after construction is begun,
which ever is later, or who fails to conform to the provisions of the
development plan shall be required by the Area Plan Commission to show
cause at a public hearing, duly advertised in accordance with Seetiea
21-128the Indiana Open Door Law, why such approval should not be
withdrawn and any building permit revoked.
Sec. 21-33 . "C-2" District; certificate of occupancy.
No person shall use or permit the use of any building or premises
or part thereof, hereafter created, erected, changed, converted, moved,
altered or enlarged, wholly, or partly in its use or structure, until a
Certificate of Occupancy shall have been issued therefor by the
Building Commissioner. No Certificate of Occupancy shall be issued
permitting the use of a "C-2" District unless and until the development
plan, as approved and stamped by the Area Plan Commission, has been
fully and finally accomplished and completed.
Sec. 21-34. "C-2" District; amendments to development plans.
The developer of a Planned Shopping Center in any "C-2" District
shall submit a written request to the Area Plan Commission for any
change, alteration., amendment, or extension to the development plan.
If , in the opinion of the Commission, the requested change is
sufficiently substantial to so warrant, the Commission will hold a
public hearing as prescribed under Seetien-f1.-I28the. Indiana Open.
Door Law. If the Commission approves such change, it will notify the
Building Commissioner who shall issue a building permit accordingly.
DIVISION. 10. "D" LIGHT INDUSTRIAL DISTRICT.
Sec. 21-35. "D" Light Industrial District; uses permitted.
( a) In the "D" Light Industrial District buildings and premises
may be used, and buildings may be erected or structurally altered for
the following uses only:
( 1) Animal kennels and animal pounds.
(2) Auction halls.
( 3) Automobile, truck, trailer, motorcycle or bicycle
assembly.
( 14) Bakeryies.
( 5) Beer, wine and liquor wholesale distributing.
( 26) Blacksmith shops.
(7) Boat and vehicle storage.
( 38) Bottling plants.
(49) Building materials storage yards.
(S10) Carting, express, hauling or storage yards.
(11) Chemical packaging.
( 612) Contractors' plant and storage yards.
(713) Coal, coke, and wood yards.
( 814) Dairy plants.
( 915) Dyeing and cleaning plants.
( 16) Electronic equipment manufacture and assembly.
(17) Feed or grain storage.
(1120) Garment factoryies.
( 21) Glass container manufacturing.
( 22) Grain elevators.
(23) Heliports.
( 1224) Highway freight terminals.
(1325) Ice manufacture and storage plants.
(1426) Knitting and weaving plants.
(1527 ) Laundry and dry cleaning plants.
( 1628) Lumberyards.
(1729) Machine shops.
( 30) Metal products fabrication.
(1831) Milk distributing stations.
( 32) Musical instrument and equipment manufacture.
( 33 ) Paper products made from finished paper and paper box
manufacturing.
(1934) Plastic parts casting.
( 35) Pottery and porcelain products manufacture.
(2936) Poultry killing and dressing.
(2137) Public utilities.
(2238) Refrigerating locker plants.
423}--Reserved-
( 39) Sawmills.
( 40) Self-storage facilities.
( 41) Sheetmetal shops.
( 42) Sign painting shops.
(43) Silverplating shops.
(2444) Storage warehouses.
( 45) Tire retreading and vulcanizing.
(2546) Tool and die shops.
( 2647) Used car sales lots.
( 48) Utility pole yards and pipe yards.
( 49) Van conversions.
(50) Vending machine, sales and service.
(2752) Welding shops.
(2853) Uses numbered ( 2) to (63126) inclusive as
permitted in the "C" Commercial District and subject to the provisions
in section 21-18.
(2954) Uses which are uncertain in their classification
under the foregoing headings shall be reviewed by the Board of Zoning
Appeals and their interpretation shall govern.
DIVISION 11. "E" HEAVY INDUSTRIAL DISTRICT
Sec. 21-36. "E" Heavy Industrial District; uses regulated; special
use approval.
(a) In the "E" Heavy Industrial Districts buildings and premises
may be used for any purpose permitted in Section 21-35 iadastriai
putpese;-net-in-eenfliet-with-any-erdinaaee-ef-the-eity-er-statutes-ef
the-State-
(b) Buildings and premises may be used for any of the following
industrial purposes, not in conflict with any ordinance of the City or
the statutes of the States when the location of such use has been
approved by the Board of Zoning Appeals after public hearing:
( 1) Abattoir.
( 2) Acid manufacture.
( 3) Ammonia, bleaching powder or chlorine manufacture.
( 4) Asphalt, carbon black, charcoal and related products, gas
or tar manufacture.
( 5) Can and container manufacture.
( 6) Celluloid manufacture.
(37) Cement, lime, gypsum or plaster of paris manufacture.
(8) Chemical, detergent or soap manufacture.
( 9) Creosote manufacture.
(10) Distilleries or breweries.
( 11) Electroplating operations.
(12) Emery cloth and sandpaper manufacture.
(413) Explosive manufacture or storage.
( 15) Food packing and processing plants.
(16) Forge plants.
( 17) Foundries.
( 618) Garbage, offal or dead animal reduction.
(719) Glue manufacture, fat rendering or distillation of
bones.
( 20) Gravel, rock, stone or sand extraction, crushing, washing
or sorting.
( 21) Industrial canning.
(822) Junkyards, yards for wrecking automobiles, collection
and storing of paper, rags; metals or sundry reclaimed materials.
( 23) Open hearths or blast furnaces.
( 924) Petroleum refining.
(25) Railroad switching stations and switching yards.
(}9-26}-Refuse-dumps-
( 27) Scrap metal reduction.
( 1128) Smelting or reduction of copper and zinc or of iron
ore.
( 29) Steel works or rolling mills.
(1230) Stockyards.
( 1331) Tanneryies.
DIVISION 12. OVERLAY ZONING DISTRICTS
Sec. 21-36.1. "HP" Historic Preservation District: Uses permitted.
All uses permitted in the zoning district which the "HP" Historic
Preservation District overlays shall be permitted subject to terms,
conditions and standards in that zoning district; provided, however,
that such permitted uses shall be subject to the Historical
Preservation Commission, and Standard and Certificate of
Appropriateness. Provided, however, that such permitted uses shall be
subject to the provisions of Afdinaaee-Net-5565-73 Sections 21-1(a) ,
(1572) ( 2172) , ( 61) through ( 64) , and (84) , (29 7161) through
( 2977464) and 21-117.1 and 21-117.2.;-as-amended-and-supp1emeated;
Sec. 21-36.2. "F" Floodplain District: Intent; permitted uses.
(a) Intent; permit required for construction. The intent of the
"F" Floodplain District is to guide development in areas in which
special flood hazards have been identified by the Federal Insurance
Administration in connection with the National Flood Insurance Program,
but when the regulatory floodway and floodway fringe have not been
delineated by the administration. An improvement location permit shall
be required for all construction and development in this district.
(b) Permitted uses. All uses permitted in the zoning district or
districts which the "F" Floodplain District overlays shall be permitted
in this district, provided, that all development proposed in designated
floodplain areas shall be reviewed to determine whether such
development will adversely affect or will be adversely affected by the
flood hazard. The Building Commissioner shall forward the proposal to
the National Resources Commission for review and written approval prior
to the issuance of a building permit.
(c) Special exceptions.. All uses normally permitted as special
exceptions in the zoning district or districts which the "F" Floodplain
District overlays shall be permitted in this district in accordance
with the review procedure set forth above for permitted uses in the "F"
Floodplain District.
Sec. 21-36.3 . "F-1" Floodway District; Intent; uses.
(a) Intent; permit required for construction. The intent of this
section is to establish a zoning district in which to protect and
preserve floodways from any encroachment which might adversely affect
the efficiency or unduly restrict the capacity of the floodway.
Accordingly fill, encroachment, new construction and substantial
improvement of existing structures which would result in any increase
in flood heights within the community during the recurrence of the
100-year flood shall be prohibited. An improvement location permit
shall be required for all construction and development in this
district.
(b) Permitted uses. The following uses shall be permitted in this
Commission, provided that such uses do not involve any structure,
obstruction, deposit or excavation:
(1) Forestry, wildlife areas and nature preserves;
( 2) Parks and recreational uses.
(c) Special exceptions. The following uses shall require
additional consideration as to their flood damage potential,
particularly as they involve structures, obstructions, deposits or
excavations which might raise the level of the regulatory flood,.
constitute an unreasonable hazard to the safety of life or property, or
result in unreasonably detrimental effects upon fish., wildlife and
botanical resources. These uses shall be permitted only if they are
otherwise permitted in the district or districts which the floodway
overlays. These uses shall further require a permit issued by the
Natural Resources Commission prior to the granting of a special
exception by the Board of Zoning Appeals. All terms and conditions
imposed by the Natural Resources Commission shall be incorporated into
any permit for such use issued by the Building Commissioner and by the
Board. The Board and the Building Commissioner may further impose
greater restrictions in keeping with the intent of erd4nanee-Ner
6394-48 Sections 21-1(46) through (54) , (66) , (83) , (94) , (107) ;
21-4(b) ; 21-6(c) ; 21-37(e) ; 21-109(a) (119) ; and 21-36.2 through
21-36.4.
(1) Water management and use facilities, such as dams, docks,
dolphins, channel improvements, dikes, jetties, marinas, piers,
wharves, levees, seawalls, floodwalls and irrigation facilties;
(2) Transportation facilities such as streets, bridges,
roadways, fords, pipelines, railroads and utility transmission
facilities;
(3) Temporary or seasonal occupancy, such as carnivals,
fairs, circuses, camps and amusement parks;
( 4) Water-related urban uses, such as waste water treatment
facilities, storm sewers, electric generating and transmission
facilities, and water treatment facilities;
(5) Other flood tolerant or open space urban uses, such as
floodproofed industrial and commercial buildings, racetracks, tennis
courts, park buildings, radio and TV towers, and parking lots, provided
that where floodproofing is utilized for a particular structure in
accordance with this provision, a professional architect or engineer
registered in the State of Indiana shall certify to the Building
Commissioner that the floodproofing methods are reasonably adequate to
withstand the flood depths, pressures, velocities, impact, and uplift
forces and other factors associated with the 100-year flood, and upon
completion of the structure, that said structure has been constructed
accordingly. A record of such certification shall be maintained by the
Building Department..
(d) Prohibited uses. The following uses shall be specifically
prohibited in the "F-1" Floodway District:
( 1) The location of a new mobile home park or mobile home
subdivision;
( 2) Any expansion to an existing mobile home park or mobile
home subdivision;
( 3) Any new mobile home not located in a mobile home park or
mobile home subdivision.
Sec. 21-36.4 "F-2" Floodway Fringe District: Intent; permitted uses.
(a) Intent; permit required for construction. The intent of this
section is to establish a zoning district in which to regulate
development in areas sensitive to floods and flood hazards. An
improvement location permit shall be required for all construction and
development in this district.
(b) Permitted uses. All uses normally permitted in the zoning
district or districts which the floodway fringe overlays shall be
permitted under the provisions of this section, provided that:
( 1) Residential buildings and structures shall be constructed
so that the lowest floor (including the basement) is elevated to two
( 2) feet above the regulatory flood profile, as established by the
Federal Insurance Administration. Sites on which fill is necessary to
floodwaters by extending the fill at such elevation a minimum of
fifteen (15) feet beyond the perimeter of the building.
( 2) Nonresidential buildings and structures shall be
constructed so that:
(A) The lowest floor (including the basement) shall be
elevated to two ( 2) feet above the regulatory flood profile, as
established by the Natural Resources Commission; or
(B) Together with attendant utility and sanitary
facilities, said building or structure shall be designed so that the
flood protection grade shall be at least two ( 2) feet above the
regulatory flood profile. The structure shall be watertight with walls
substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. Where floodproofing is
utilized for a particular structure in accordance with this provision,
a professional architect or engineer registered in the. State of Indiana
shall certify to the Building Commissioner that the floodproofing
methods are reasonably adequate to withstand the flood depths,
pressures, velocities, impact and uplift forces, and other factors
associated with the one hundred-year flood and, upon completion of the
structure, that said structure has been constructed accordingly. A
record of such certification shall be maintained by the Department of
Code Enforcement.
(C) Sites on which fill is necessary to meet this
provision shall be buffered from direct contact with floodwaters by
extending the fill at such elevation a minimum of fifteen (15) feet
beyond the perimeter of the building.
( 3) Other flood-tolerant or open space urban uses, such as
floodproofed buildings, racetracks, tennis courts, park buildings,
outdoor theaters, fills, truck freight terminals, radio or TV towers,
and parking lots, provided that where floodproofing is utilized for a
particular structure in accordance with this provision, a professional
architect or engineer, registered in the State of Indiana, shall
reasonably adequate to withstand the flood depths, pressures,
velocities, impact and uplift forces, and other factors associated with
the one hundred-year flood, and upon completion of the structure that
said structure has been constructed accordingly.
( 4) On-site waste disposal systems must be located so as to
avoid impairment of them or contamination from them during the
occurrence of the regulatory flood.
(c) Special exceptions. The provisions set forth for permitted
uses in the "F-2" Floodway Fringe District shall also be applicable to
special exceptions in the F-2 District.
DIVISION 13 . ACCESSORY BUILDINGS AND USES.
Section 21-36. 50 Purpose of Division
a) Accessory buildings and uses as-heretefere-defiaed-in-See.:
21-1+a++&+ shall be permitted in all use districts in accordance with
the specific provisions of this Chapter. In order to further the
objectives of the Comprehensive Plan; to promote and ensure public
health, safety and general welfare; and to encourage the development
and maintenance of attractive and aesthetic residential, commercial,
industrial, and open space areas, reasonable limitations are placed on
the nature, bulk, height, extent, and placement of accessory buildings
and uses.
b) Accessory buildings and uses must meet the conditions and
restrictions set forth in this Chapter. Such conditions and
restrictions have considered the need for such uses in the neighborhood
and the community, and the effect of such uses on neighboring property,
and on the overall requirements for the promotion of the public health,
safety, and general welfare.
Sec. 21-36.51 General Requirements
Accessory buildings and uses shall meet the following general
requirements, as well as any other specific requirements set forth in
this Chapter. Accessory buildings and uses shall be:
a}--Iaeideatai-aad-subardiaate-te-aad-eamnmemly-assoeiated-with-the
ba) Operated and maintained under the same ownership or pursuant
to the contractual agreement including the titleholder of record for
said lot, or lot of record, and on the same lot as the primary use.
e}--ei ear}y-suberdinate-in-area;-bailey-extent;-and-gurgese-te-the
Primary-use-served-
db) Net Located pursuant to §21-84(a) (8) , (11) . eieser-te-any
Iet-iiae-than-the-mini mum-setbaek-line-regu.iredy-uaiess-sgeei€ied
etherwise-in-this-ehapterr
ec) Not permitted prior to the erection and operation of the
primary use.
Sec. 21-36. 52 Permitted Accessory Buiidings-and Uses
Permitted accessory buildings-and uses include the following:
a) Such buiidings-er structures as canopies, porte cocheres,
patios, outdoor fireplaces, bath houses, cabanas, doghouses, childrens'
play equipment, greenhouses and similar bui.idings-er structures.
b) Off-street motor vehicle parking and loading areas, as
regulated in Article 5 of this Chapter.
c) Signs, as regulated in Article 10 of this Chapter.
d) Storage areas, as regulated in applicable Sections of this
Chapter.
e+--Private-garages-and-eargertsy-and-€epees-subgeet-te-the
speei€ie-previsiens-e€-this-eerie.
€e) Modern accouterments and all items listed in Section
21-84(a) ( 3) .
q) Residential swimming pools, either above or below ground,.
provided it is surrounded by a lockable fence of a minimum height of
five ( 5) feet and with self-closing and self-latching gates.
Sec. 21-36.53. Specific Regulations.
a) In all residential districts, all modern accouterments not
attached to the primary building shall be located to the rear of the
primary building and not within a required side yard or required front
yard.
b) In all residential districts all modern accouterments shall not
d) Any modern accouterments having printed matter on its surface
shall also be treated as a sign in conformance with the regulations of
Article 10 of this Chapter.
e) Existing modern accouterments located within the. City as of the
effective date of this. Ordinance shall not be limited by, governed by
or otherwise affected by the provisions of this Division.
f) Where there are practical difficulties or unnecessary hardships
in complying strictly with the provisions of this Division, the Board
of Zoning Appeals may, in specific cases, adjust any such condition in
harmony with the general purposes and intents of this Chapter to the
end that the public health., safety, aesthetics, and general welfare may
be secured and substantial justice done.
g) In the interpretation and enforcement of this Section, the main
supporting structure of modern accouterments is the primary focus of
location regulations set forth herein.
ARTICLE 3 . NONCONFORMING. USES
Sec. 21-37 . Nonconforming uses; existing; alterations; changes in
districts.
( a) The lawful use of land existing at the time of the passage of
this chapter, although such use does not conform to the provisions
hereof, may be continued;-bit-if-sueh-neneenfermSng-use-is
d4seent€nued;-any-€azure-use-a€-tbe-premises-shall-be-ln-eenfermlty
with-the-provisions-ef-this-ehapter. However, when there has been a
vacancy or cessation of operation of a nonconforming use for a period
of twelve (12) months, the nonconforming use will be presumed to have
been abandoned and such use shall not thereafter be re-established and
use of the land shall conform to the provisions of this chapter. If
the owner or occupant of a nonconforming use appeals from this
presumption of abandonment to the Board, the burden of proving lack of
abandonment rests on that owner or occupant.
(b) The lawful use of a building existing at the time of the
passage of this chapter may be continued, although such use does not
throughout the building, provided no structural alterations, except
those required by law or ordinance, are made therein. If no structural
alterations are made, a nonconforming use of a building may be changed
to a use permitted in the same use district as that which the
then-existing use is permitted or to a more restricted district
according to the provisions of this chapter.
(c) Whenever a use district shall be hereafter changed, any
then-existing nonconforming use in such changed district may be
continued or changed to a use permitted in the same use district as
that in which the then-existing use is permitted, provided all other
regulations governing the new use are complied with.
(d) Whenever a nonconforming use of a building has been changed to
a more restricted use or to a conforming use, such use shall not
thereafter be changed to a less restricted use.
(e) All buildings, structures or uses existing in a designated
floodplain, floodway or floodway fringe which are not in full
compliance with the provisions of this-erdinannee-Ne7-6394-78-feedified
herein-at Sections 21-1(227146) through (287954) , (38=176) ,
(42 7185) , (477197) , (54:1110) ; 21-4(b) ; 21-37 (e) ;
21-109(a) (119) ; and 21-36.2 through 21-36.43 relative to floodplain
management shall be considered to be nonconforming. In addition to the
provisions set forth above, the following provisions shall be
applicable to nonconforming buildings, structures or uses located
within the "E" Floodplain, "F-1" Floodway or "F-2" Floodway Fringe
District:
( 1) A nonconforming building, structure, or use located
within the "F-1" Floodway and "E" Floodplain District shall not be
expanded or enlarged unless a special permit for construction in a
floodway or an appropriate letter of recommendation has been issued by
the Natural Resources Commission.
(2) A nonconforming building, structure, or use located
within the "F-2" Floodway Fringe District may be altered, enlarged, or
extended, on a one-time-only basis, provided that such alteration,
nrnnarty_
excluding the value of the land, by more than forty ( 40) percent of its
pre-improvement market value. Any alteration, enlargement, or
extension of a nonconforming building, structure, or use which would
constitute an increase in the value of the property, excluding the
value of the land, by more than forty (40) percent shall be in
conformance with the provisions of this chapter.
( 3) A nonconforming building, structure or use located within
the "F" Floodplain, "F-1" Floodway, or "F-2" Floodway Fringe District
which is damaged by fire, flood, explosion, act of God or the public
enemy, may be restored to its original dimensions and conditions,
provided the damage does not reduce the value of the building,
excluding the value of the land, by more than forty ( 40) percent of its
predamage value. Where such damage reduces the value of the building,
excluding the value of the land, by more than forty (40) percent of its
predamage value restoration shall be in conformance with the
previsieas-et-efdieeaee-Ne--6364-78-feedifte&-herein-et Sections 21-1
( 22 7146) through (82:954) , (387167) , (422 7185) , (47 7197) ,
(5471110); 21-4(b) ; 21-6(c) ; 21-37(e) ; 21-109(a) (118) ; and 21-36.2
through 21-36.41.
Sec. 21-38. Existing certificates of nonconforming use; variances and
exceptions.
All certificates of nonconforming use issued, and all variances
and exceptions permitted. under Ordinance No. 2331 and amendments.
thereto shall remain valid.
ARTICLE 4. HEIGHT AND AREA DISTRICTS REGULATIONS.
DIVISION 1. GENERAL PROVISIONS.
Sec. 21-39. Height and area district regulations.
(a) In order to regulate and limit the height of buildings
hereafter erected or structurally altered, to regulate and determine
the area of yards, eeurtscourtyards and other open spaces about
buildings, and to regulate and determine the intensity of use of land
and lot areas, the City is divided into seven (7) districts known as:
"B" Height and Area District
"C" Height and Area District
"D" Height and Area District
"E" Height and Area District
"F" Height and Area District
"G" Height and Area District
(b) The boundaries of such districts, as shown in the "Book of
Maps" , are established, the map being designated as the "Height and
Area District Map" .
Sec. 21-40. Construction to conform to District regulations.
Except as hereinafter provided no building shall be erected or
structurally altered except in conformity with the regulations herein
established for the Height and Area District in which such building is
located, subject, however, to such modifications as may be imposed by
the St. Joseph County Aviatiea-eemmissienAirport Authority.
Sec. 21-41.. Lot area; minimum.
No lot area shall be so reduced er-diminished by sale, lease, use
or otherwise that the yards or open spaces shall be smaller than.
prescribed by this Chapter, nor shall the area of any residential lot
be reduced by sale, lease, use, or otherwise to less than forty-eight
hundred ( 4,800) square feet.
Sec. 21-42. Lots for residential purposes.; minimum area.
Except lots of record on June 13, 1949 no lot or parcel of land
shall be used for residential purposes, if the lot or parcel is less
than sixty (60) feet in width at the setback line and less than six
thousand ( 6,000) square feet in area.
Sec. 21-42.5. The minimum lot width for all non-residential districts
shall be thirty-five ( 35) feet.
DIVISION 2. "A" HEIGHT AND AREA DISTRICT.
Sec. 21-43 . "A" Height and Area District; minimums.
In the "A" Height and Area District the height of buildings, the
Sec. 21-45. Rear yard required.
There shall be a rear yard having a minimum depth of twenty-five
(25) feet.
Seer--21-467--Side-yards-required-
Eaeh-let-shall-have-twe-{2}-side-yards:
Sec. 21-46. Front yard requirements.
There shall be a front yard of not less than twenty-five (25) feet.
Sec. 21-47 . Side yards required.1 (lots of record on or after June 13 ,
1949; requirements) :
(a) On a lot of record on June 13, 1949 there shall be a side yard
on each side of a principal building of not less than five ( 5) feet in
width. However, on a lot of less than forty ( 40) feet in width and of
record on June 13, 1949, each side yard may be reduced to not less than
twelve percent ( 12%) of the width of the lot at the building line.
(b) On any lot fifty ( 50) feet or more in width at the building
line and recorded after June 13, 1949, there shall be two ( 2) side
yards which shall have a minimum combined width of twenty percent ( 20%)
of the lot width at the building line or twelve (12) feet, whichever is
the greater; the smaller of the two ( 2) side yards shall be not less
than ten percent ( 10%) of the total lot width or six (6) feet,
whichever is the greater.
(c) On any lot less than fifty ( 50) feet in width at the building
line and recorded after June 13, 1949, there shall be two (2) side
yards which have a minimum combined width of thirty-five percent (35%)
of the lot width; the smaller of the two ( 2) side yards shall be not
less than seven (7) feet.
See--2} 48:--Attaehed-garages-aad-eargerts;-requiremeats-
ff;-after-April-}};-}955;-at-the-time-ef-the-erigiaal-eeastrnetiea
ef-a-priaeipai-dwelliag-a-garage-er-eargert-is-attaehed;-the-side-yard
requirements-ef-this-Bivisiea-shall-be-met---ff;-after-Agri}-ll;-1955;
at-the-time-ef-eriginal-eeastruetiea-ef-the-priaeipai-dwelling-a-garage
er-earpert-is-net-attaehed-therete;-the-side-yard-requIremeats-ef-this.
Bivisien-shall-be-met;-preeidedr-hewever;-that-eae-{l}-side-yard-shall
Sec. 21-4948. Corner lots; requirements.
(a) On a corner lot the least width of any side yard along the
side street lot line shall be twenty-five percent (25%) of the width of
the lot at the building line, but in no case shall this requirement
reduce the least width to less than ten (10) feet nor require more than
twenty-five (25) feet setback, provided that on a corner lot less than
forty ( 40) feet in width and of record on June 13, 1949, the buildable
width need not be reduced to less than seventy percent (70%) of the
width of the lot at the building line. If the lot is rectangular and
not square, the front yard shall be the yard along the building' s
shortest side. For all lots of other shapes the Building Commissioner
shall exercise discretion to determine which yard is the front yard.
(b) Where the rear lot line of a corner lot adjoins a side lot
line of a lot in a residential district, no part of any accessory
building or use within twenty-five (25) feet of the common lot line
shall be nearer a side street lot line than the least depth of any
front yard requirement on such adjoining lot.
Sec. 21-49 . Attached garages and carports; requirements.
If , after April 11, 1955, at the time of original construction of a
principal dwelling a garage or carport is attached, the side yard
requirements of this Division shall be met. If, after April 11, 1955,
at the time of original construction of the principal dwelling a garage
or carport is not attached thereto, the side yard requirements of this
Division shall be met, provided, however, that one ( 1) side yard shall
be not less than twelve (12) feet in width.
See:-21-5e7--Setbaek-requirements-
Shere-shall-be-a-£rent-yard-ef-met-less-them-twenty-fve-f25}
feet:-
Sec. 21-5150. Lots between-twe-lets adjacent to legal
nonconforming setbacks; requirements.
(a) When a lot is situated between two ( 2) lots, each of which has
a principal building within twenty-five ( 25) feet of its side lot line
with a front yard of less than twenty-five ( 25) feet and was so
requirement on such lot may be the average of the front yards of the
existing buildings and twenty-five (25) feet, provided, however, the
front yard of such lot shall be not less than fifteen ( 15) feet.
(b) When a lot adjoins only one (1) lot having a principal
building within twenty-five (25) feet of its side lot line with a front
yard of less than twenty-five (25) feet and was so maintained when this
Division became effective, the front yard requirement on such lot may
be the average of the front yard of the existing building and
twenty-five ( 25) feet, provided, however, the front yard of such lot
shall be not less than fifteen ( 15) feet.
Sec. 21-551. Lot coverage, restricted.
No building shall be erected or increased in ground area so that
more than forty percent ( 40%) of the area of the lot will be covered.
Sec. 21-52. Reserved.
DIVISION 3 . "B" HEIGHT AND AREA DISTRICT.
Sec. 21-53 . "B" Height and Area District; minimums.
In the "B" Height and Area District the height of buildings, the
minimum dimensions of yards, and setbacks and the maximum lot coverage
shall be as set forth in this Division.
Sec. 21-54. Maximum Hheight required. allowed.
No building hereafter erected or structurally altered shall exceed
forty ( 40) feet or three ( 3) stories.
Sec. 21-55. Rear yard required.
There shall be a rear yard having a depth of not less than
twenty-five ( 25) feet, for interior lots, nor less than fifteen (15)
feet for corner lots.
See.--2i-567--Side-yards-requiredr
Eaeh-iet-shall-have-twe-41+-side-yards7
Sec. 21-56. Front yard requirements.
There shall be a front yard of not less than twenty-five ( 25) feet.
Sec. 21-57 . Lots of record on or after June 13, 1949;
requirements.
n width. (See Section 21-84(a) ( 8) . ) However, on a lot of less than
forty ( 40) feet in width and of record on June 13, 1949, each side yard.
may be reduced to not less than twelve percent (12%) of the width of
the lot at the building line.
(b) On any lot fifty ( 50) feet or more in width at the building
line and recorded after June 13, 1949, there shall be two ( 2) side
yards which shall have a minimum combined width of twenty percent (20%)
of the lot width at the building line or twelve ( 12) feet, whichever is
the greater; the smaller of the two (2) side yards shall be not less
than ten percent ( 10%) of the total width or six (6) feet, whichever is
the greater.
(c) On any lot less than fifty ( 50) feet in width at the building
line and recorded after June 13, 1949, there shall be two ( 2) side
yards which have a minimum combined width of thirty-five percent (35%)
of the lot width; the smaller of the two (2) side yards shall be not
less than seven (7) feet.
Sec. 21-58. Attached garages and carports; requirements.
If , after April 11, 1955, at the time of original construction of a
principal dwelling a garage or carport is attached, the side yard
requirements of this Division shall be met. If, after April 11, 1955,
at the time of original construction of the principal dwelling a garage
or carport is not attached thereto, the side yard requirements of this
Division shall be met, provided., however, that. one (1) side yard shall
be not less than twelve (12) feet in width.
Sec. 21-59. Corner lots; requirements.
(a) On a corner lot the least width of any side yard along the
side street lot line shall be twenty-five percent (25%) of the width of
the lot at the building line, but in no case shall this requirement.
reduce the least width to less than ten ( 10) feet nor require more than
twenty-five (25) feet setback, provided that a corner lot less than
forty ( 40) feet in width and of record on June 13, 1949, the buildable
width need not be reduced to less than seventy percent (700) of the
shortest side. For all lots of other shapes the Building Commissioner,
shall exercise discretion to determine which yard is the front yard.
(b) Where the rear lot line of a corner lot adjoins a side lot
line of a lot in a residential district, no part of any accessory
building within twenty-five ( 25) feet of the common lot line shall be
nearer a side street lot line than the least depth of any front yard
requirement of such adjoining lot.
See--2€-697--Setbaek-requ±remea€7
There-shaI1-be-a-€rent-yard-e€-net-less-than-twenty-€€ve-f25+
feet-
Sec. 21-60. Reserved.
Sec. 21-61. Lot between-twe-f9*-lets adjacent to legal nonconforming
setbacks; requirements.
( a) When a lot is situated between two (2) lots, each of which has
a principal building within twenty-five (25) feet of its side lot line
with a front yard of less than twenty-five (25) feet and was so
maintained when this Division became effective, the front yard
requirement on such lot may be the average of the front yards of the
existing buildings and twenty-five (25) feet, provided, however, the
front yard of such lot shall be not less than fifteen (15) feet.
(b) When a lot adjoins only one (1) lot having a principal
building within twenty-five ( 25) feet of its side lot line with a front.
yard of less than twenty-five ( 25) feet and was so maintained when this
Division became effective, the front yard requirement on such lot may
be the average of the front yard of the existing building and
twenty-five ( 25) feet, provided, however, the front yard of such lot
shall be not less than fifteen ( 15) feet.
Sec. 21-62. Lot coverage restricted.
No building shall be built or increased in ground area so to cover
more than forty percent ( 40%) of the lot area.
DIVISION 4. "C" HEIGHT AND AREA DISTRICT.
Sec. 21-63 . "C" Height and Area Districts; minimums.
shall be as set forth in this Division.
Sec. 21-64. Height required requirement.
No building hereafter erected or structurally altered shall exceed
eighty-five ( 85) feet or seven (7) stories.
Sec. 21-65. Rear yard requirement.
For buildings three ( 3) stories or less in height there shall be a
rear yard having a depth of not less than twenty-five ( 25) feet for
interior lots, nor less than fifteen (15) feet for corner lots. For
buildings exceeding three ( 3) stories in height the depth of the rear
yard shall be increased three (3) feet for each additional story.
Sec. 21-66. Side yard requiredment.
For buildings three ( 3) stories or less in height there shall be a
side yard on each side of the building, except accessory buildings, not
less than five ( 5) feet in width provided, however, that on a lot
having a width of less than forty (40) feet, as shown by the last
conveyance of record on June 13, 1949, there shall be a side yard on
each side of a building of not less than four (4) feet in width. For
buildings exceeding three ( 3) stories in height the side yard shall be
in all cases increased six (6) inches for each additional story.
Sec. 21-67 . Front Ssetback requirement.
There shall be a setback of not less than twenty ( 20) feet,
provided that when twenty-five percent ( 25%) or more of all the
buildings on one (1) side of a street between two (2) intersecting
streets has been built up with buildings having a setback of more or
less than twenty ( 20) feet from the street line, no building hereafter
erected or structurally altered shall project beyond the minimum
setback line so established; provided that no building shall be
required to set back more than forty ( 40) feet in any case. This
regulation shall not be so interpreted as to reduce the buildable width
of a corner lot forty ( 40) feet or less in width, and of record on June
13, 1949, to less than seventy percent (70%) of the width of the lot.
On corner lots more than forty (40) feet in width, the width of
building may be greater than twenty-eight (28) feet by one-half ( 1/2)
Sec. 21-68. Lot coverage restricted.
No building shall be built or increased in ground area to cover
more than sixty percent (60%) of lot area.
DIVISION 5 . "D" HEIGHT AND AREA DISTRICT.
Sec. 21-69. "D" Height and Area District; minimums.
In the "D" Height and Area District the height of buildings; and
the minimum dimensions of yards and setbacks shall be as set forth in
this Division.
Sec. 21-70. Maximum Hheight required allowed.
No building hereafter erected or structurally altered shall exceed
thirty-five ( 35) feet or two and one-half (2 1/2) stories.
Sec. 21-71. Rear yard requiredment.
There shall be a rear yard having a minimum depth of twenty-five
( 25) feet.
Sec. 21-72. Side yard requirement.
A side yard, if provided, shall be not less than five ( 5) feet.
Sec. 21-73 . Front Ssetback requirement.
(a) Where all the frontage on one (1) side of the street between
two ( 2) intersecting streets is located in the "D" Height and Area
District no setback shall be required..
(b) Where the frontage on one (1.) side of the street between two
( 2) intersecting streets is located in the "A" and "D" Height and Area
Districts the setback requirement in the "A" Height and Area District
shall apply to the entire frontage.
DIVISION 6. "E" HEIGHT AND AREA DISTRICT.
Sec. 21-74. "E" Height and Area District; minimum.
In the "E" Height and Area District, the height of buildings and
the minimum dimensions of yards shall be as set forth in this Division.
Sec. 21-75. Maximum Hheight required allowed.
No building hereafter erected or structurally altered shall exceed
forty ( 40) feet or three ( 3) stories.
ec. 21-77 . Side yard requirement.
A side yard, if provided, shall be not less than five (5) feet.
DIVISION 7. "F" HEIGHT AND AREA DISTRICT.
Sec. 21-78. "F" Height and Area District; minimums.
In the "F" Height and Area District the height of buildings and the
minimum dimensions of yards shall be as set forth in this Division.
Sec. 21-79. Maximum Hheight required allowed.
No building hereafter erected or structurally altered shall exceed
eighty-five (85) feet or seven (7) stories.
Sec. 21-80. Side yard requirement.
A side yard, if provided, shall be not less than five ( 5) feet.
DIVISION 8. "G" HEIGHT AND AREA DISTRICT.
Sec. 21-81. "G" Height and Area District; minimums.
In the "G" Height and Area District the height of buildings and the
minimum dimensions of yards shall be as set forth in this. Division.
Sec. 21-82. Height requiredment.
No building hereafter erected or structurally altered shall exceed
one hundred and fifty (150) feet or twelve (12) stories.
Sec. 21-83. Side yard requirement.
A side yard, if provided, shall be not less than five ( 5) feet
wide.
DIVISION 9. HEIGHT AND AREA DISTRICT EXCEPTIONS.
Sec. 21-84. Height and Area District regulations; exceptions.
(a) The requirements in the Height and Area Districts as
prescribed in Division 2. through 8 of this Article shall be subject to
the exceptions and regulations of this Section and Section 21-85:
(1) That-in In the "A" , "B" , "D" , and "E" Height and Area
Districts, public or semi-public buildings, hospitals, sanitariums or
schools may be erected to a height not exceeding seventy-five (75)
( 2) One-family dwellings in the "A" Height and Area District
may be increased in height by not more than five (5) feet when two (2)
side yards of not less than fifteen ( 15) feet each are provided. Such
dwellings, however, shall not exceed three ( 3) stories in height.
( 3) Parapet walls not exceeding four ( 4) feet in height,
chimneys, cooling towers, elevator bulkheads, fire towers, gas tanks,
grain elevators, penthouses, stacks, stage towers, or scenery lofts.,
sugar refineries, tanks water towers, radio towers, ornamental towers,
monuments, cupolas, domes and spires and necessary mechanical
appntenanees appurtenances may be erected as to their height in
accordance with existing or hereafter adopted ordinances of the City.
( 4) In the "G" Height and Area District towers for occupancy
may be erected above the height limit herein established, provided the
largest horizontal dimension of any side of the tower shall not exceed
sixty ( 60) feet, provided the total area shall not exceed twenty-five
percent (25%) of the area of the lot, and provided that each tower
shall be removed at least twenty-five (25) feet from every lot line
other than a street line, and at least fifty ( 50) feet from any other
tower.
( 5) On through lots one hundred and twenty (120) feet or less
in depth the height of a building may be measured from the curb level
on either street. On through lots more than one hundred and twenty
(120) feet in depth the height regulations and basis of height
measurements for the street permitting the greater height shall apply
to a depth of not more than one hundred and twenty (120) feet from that
street. In order to permit the maximum usable building height within
the boundaries of property limits, in the alternative the building
commissioner may exercise discretion as to what constitutes the average
grade of the property.
(6) For Bbuildings on through lots and that running
through from street to streets may-waive the requirements for a rear
yard may be waived by furnishing an equivalent open space in lieu of
such required rear yard.
alley or street may be assumed to be a portion of the yard.
(8) Except as provided by Division 13 , Eevery part of a
required yard, or yard as established by the front building line of any
building constructed on the lot, or eeurtcourtyard shall be an open
space, as defined at §21-1(a) (92) , from its lowest point to the sky
unobstructed, except for the ordinary projections of sills, belt
courses, cornices, ornamental features and eaves; provided, however,
that none of the above projections shall project into a
eeurtcourtyard more than six (6) inches nor into a minimum side yard
more than twelve ( 12) inches.
(9) No cornice shall project over the street line more than
twelve (12) inches.
( 10) Open or enclosed fire escapes, fireproof outside
stairways and balconies opening upon fire towers projecting into a yard
not more than five ( 5) feet or into a eeurtcourtyard not more than
three and one-half ( 3 1/2) feet, and the ordinary projections of
chimneys and flues, may be permitted by the Building Commissioner where
same are so placed as not to obstruct the light and ventilation.
( 11) In the "A" , "B"7 and "C";-uBuy-aad-UEu Height and
Area Districts, only one (1) accessory building may be erected in the
rear yard and such accessory building shall not exceed twelve-41R*
fourteen (14) feet in height, nor shall any structures occupy more than
thirty percent (30%) of the rear yard area. However,all-Height-and
Area-Bistriet-side-yard-and-setbeek-regulatieas-shell-be-adhered-to-by
that-aseessery-bonding;-the-same-as-by-a-prineipai-building-en-the
same-let;-when-the-aeeessery-building-is-1eeated;-in-whale-er-in-part;
t4thin-the-treat-sixty-pereent-469%*_e€-the-let-depth.- required side
yards shall be adhered to by that accessory building. For purposes of
determining the number of accessory buildings permitted on one lot,
"accessory buildings" shall not include one (1) storage shed with a
total floor area of one-hundred and twenty (120) square feet or less.
( 12) In the "A" , "B" , "C" , and "D" Height and Area Districts,
sunparlors may be built not more than eight ( 8) feet in front of the
sash of seventy-five percent (75%) of the girth measurement of the
outside walls with average sash height of windows equal to fifty
percent ( 50%) of room height and have no interior partitions. All
glazing shall be done with clear glass only. In addition, no permanent.
exterior or interior opaque window coverings shall be allowed.
( 13) In the "A" , "B" , and "C" Height and Area Districts the
required set back from side streets on corner lots shall not be greater
than twenty-five percent (25%) of the width of the lot.
( 14) In the "D", "E" , "F" , and "G" Height and Area Districts
no side yard will be required on the side of a lot which borders a
public alley.
( 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 percent (30%) 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 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. percent (75%) 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 and required for all residential swimming,
pools, either above or below ground and said fence shall be equipped
with self-closing and self-latching gates.,
Sec. 21-85. Publicly owned property and schools; exceptions.
(a) The provisions of this Article regulating the use and height
and area of lands, building and occupancies shall not apply to lands,
buildings and occupancies which are publicly owned, or to parochial.
schools.
(b) The exclusion does not apply to lands, buildings or
ARTICLE 5. OFF-STREET PARKING AND LOADING FACILITIES.
DIVISION 1. SCOPE OF REGULATIONS.
Sec. 21-86. Off-street parking and loading; new structures and uses.
For all buildings and structures erected and all uses of land
established after the effective date of this Chapter, accessory parking
and loading facilities shall be provided in accordance with the
Schedules outlined in Sections 21-89 and 21-90. Provided., however,
that real property zoned "C-2" Planned Shopping Center District shall
be governed by the provisions of Article 2, Division 9 of this Chapter
and provided further than when a building permit has been issued prior
to the effective date of this Chapter, and provided that construction
is begun within six ( 6) months of such effective date and diligently
prosecuted to completion, parking and loading facilities in the amounts
required for the issuance of the building permit may be provided in
lieu of any different amounts required by this Chapter.
Sec. 21-87. Increase in intensity of use; exception.
(a) When the intensity of use of any building, structure or land
shall be increased through addition of dwelling units, gross floor
area, seating capacity, number of employees, or other units of
measurement specified herein for required parking or loading
facilities, parking and loading facilities as . required herein shall be
provided for such increase in intensity of use.
(b) However, no building erected or use lawfully established prior
to the effective date of this Chapter shall be required to provide such
additional parking or loading facilities unless the aforesaid increase
in units of measurement shall amount to at least fifteen percent
(15%) . Determination of the percentage of increase in units of
measurement for required parking or loading facilities shall be based
on the total increase which a building or use shall undergo after the
effective date of this Chapter, whether such total increase occurs at.
one (1) time or in successive stages.
Sec. 21-88. Change in use.
Whenever the existing use of a building or structure shall
DIVISION 2. SCHEDULES
Sec. 21-89. Off-street parking schedule.
(a) Off-street parking spaces accessory to designated uses shall
be provided as follows, except as provided in exempt parking areas:
Use Parking spaces
Ambulance and Armored Car 1 per vehicle plus 1 per on
Service duty employee.
Amusement pIaeesr-danee-hallscenters, 1 per 100 square feet of floor
skating rinks, pools, natatoriums, area in public use.
exhibition halls. and-piaees-e€-
assembly-without-fixed-seats
Animal-hospitals 1-per-499-square-feet-a€-fleer-
area-with-a-minimwn-ef-3-spaees-
Apartment-hotels 1-per-2-reams-of-suites-plus-1
per-two-fR}-employees
Automobile, motorcycle and 1 per 300 square feet of sales
boat sales floor area in excess of 1000
square feet plus 1 per 2000
square feet of open area.
Autemeblle-serv4ee-stations 1-per-eaeh-employee;-plus-2-fer-
eaeh-serviee-stall;-minimum-ef-S
speees-
Autemeblle-washing-and-eleaning 1-per-2-employees;-plus-1-per
establishments owner-or-manager-plus-reservelr
spaees-equal-to-five-f5}-times
eapaelty-ef-laundry-
Banks 1 per 200 square feet of floor
area.
Boarding Houses 1 per 2 rooms plus 1 for owner or
manager.
Bowling alleys 5 per alley.
Broadcasting, movie or video 1 per 200 square feet.
producing or recording studios.
Car washes 1 per 2 employees, plus 1 per
owner or manager.
Churches or temples 1 per 6 4 seats in main
auditorium.
Colleges 1 per 2 employees, plus 1 per 10
students based upon the maximum
number of students that can be
accommodated in accordance with
design capacity, or 1 per 5 seats
in main auditorium, whichever is
greater.
Commercial and trade schools 1 per 5 students, plus 2 per 3
employees.
Thv nnrn nnA r3 lA n=ro c=n414rioc 1 nor omnlnvoo nlna nno rAAi}innal
for consumption on the premises time in accordance with design
capacity.
Funeral homes and mortuaries 1 per 50 square feet floor area in
service rooms.
Gasoline stations and public 1 per each employee, plus 2 for
garages each service stall; minimum of 5
spaces.
eeaeral-serviee-er-repair 1-per-3-empleyees
establishment;-printing;-plumbing
and-breadeastiag
Gun clubs, skeet, target or 1 per 2 employees plus 1 per
archery ranges shooting position
Hospitals and emergency medical 1 per 4 beds, plus 1 per 2
care service centers employees, plus 1 per staff
doctor.
Hotels and motels 1 per guest room plus 2 at office.
or registration area.
Laundromats 1 per 2 washing machines, plus 1
per 2 employees.
Libraries, museums and art 10, plus 1 per 300 square feet of
galleries floor area over 2000 square feet.
Manufacturing, Industrials er 1 per 2 employees on maximum work-
Wholesale, Distributing or Warehousing ing shift plus adequate space to
Establishments;-Laberatery;-ereamery; accommodate company vehicles.
Bettliag-Plant;-Warehease-er-similar
e stall lshmeats
Medical and Dental Clinics 5 per each doctor.
Mobile Home Parks 1 1/2 vehicles per mobile home
park lot, plus there shall be a
conveniently located area for
vistor parking at a ratio of 1/2
space per lot with a minimum of 25
spaces provided per park.
Metels;-Teurist-themes-and 1-per-guest-ream-plus-s-at
Teurist-eeurts of€lee:
Meter-Vehiele-Sales 1-per-399-square-feet-ef-sales
fleer-area-ire-exeess-ef-1989
-- ---- square-feet-plus-I-per-2999-square
feet-ef-ages-area-
Nursery, Elementary and 1 per classroom and office or 1
Junior High Schools per 10 seats in auditorium,
whichever is greater.
Nursing, Convalescent, Rest 1 per 4 beds plus 1 per 2
Homes, Residential Facilities employees plus 1 per staff
for the developmentally doctor.
disabled and other Health
Homes and Institutions
Offices and Office Buildings 1 per 400 square feet of floor
area or 1 per employee, whichever
is nraatnr_
Private Clubs, Fraternities, 1 per 5 members.
Sororities and Lodges - No
Sleeping Rooms
Publishing establishments, newspaper 1 per 3 employees.
or printing shops
Residential
One and two Family 1 per dwelling unit.
Dwellings
Multiple Family 1 per dwelling unit.. For
Dwellings including Apartment Buk}.dingsHouses
Apartment Buiid&ngs containing 100 units or
Houses more and located within the
Central Business District - see
Subseet1en-B-8: Section
21-103 (a) .
Railroad or Motor Bus passenger 1 per 50 square feet of gross area.
stations or Heliports plus 1 per 2 employees.
Refuse dumps or landfills 1 per employee.
Retail Sferes-er-Persena? 1 per 200 square feet of floor
Service Establishments area plus 1 per 2 employees.
Reem4ng7-Bearding-er +-per-22-reams-plus-I-fer
Bedging-Heuses ewner-er-manager-
Senior High Schools 1 per 10 classroom seats plus 1
per 2 staff members.
Service or repair establishments 1 per 3 employees.
Theatres, Auditoriums, 1 per 5 seats plus 1 per 2
Gymnasiums, Stadiums, employees.
Arenas, Convention Halls
and Places of Assembly with
fixed seats.
Veterinary hospitals, 1 per 400 square feet of floor
Animal kennels and pounds.._ area with a minimum of 3 spaces.
In addition to the above off-street parking requirements, all uses shall.
provide off-street parking spaces accessory to the designated use in such
amount as will be adequate to accomodate company vehicles or any other
on-site vehicles.
(b) Off street customer parking spaces within the "C-2" District
shall be provided in accordance with the following:
Neighborhood Center, Community Five and one-half (5.5) spaces per
Center and Regional. Center each one thousand ( 1,000) square
feet of gross leaseable area.
(c) Drive-through facilities. In addition to all other requirements
imposed by this Code, drive-through facilities, including but not limited
to restaurants and car washes., shall provide for an adequate queuing area
equal to five ( 5) off-street parking spaces in length, beginning at the
first point of required stopping.
Sec. 21-90. Off-street loading schedule.
(a) Off-street loading berths accessory to designated uses shall be
provided as follows:
USE FLOOR AREA NUMBER OF SPACES
(SQUARE FEET)
Multiple Family Dwellings 10,000 to 200,000 1
including Apartment each additional
BuildingsHouses, Hotels, 200,000 1 additional
Offices, Hospitals or similar
institutions; private Clubs
and Lodges, Educational and
Cultural Institutions; places
of public assembly.
Funeral Home or Mortuary 8,000 to 100,000 1
Each additional
100,000 1 additional
Retail, Service Repair 5,000 to 10,000 1
Establishments, Restaurants 10,000 to 40,000 2
40,000 to 100,000 3
100,000 to 250,000 4
Each additional
250,000 1 additional
Warehousing and Storage; 5,000 to 20,000 1
Wholesale and Industrial 20,000 to 100,000 2
Establishments Each additional
100,000 1 additional
(b) In "C-2" Districts, the following loading requirements apply:
(i) One ( 1) off-street space for standing, loading and
unloading shall be provided for each twenty-five thousand (25,000)
square feet of aggregate gross floor space for all buildings in this
District. Such space is defined as an area of appropriate dimensions
at least fifty-159+ sixty (60) feet in depth, twelve ( 12) feet in
width, with an overhang clearance of not less than fourteen ( 14) feet,
exclusive of access, platform, or maneuvering area, to be used
exclusively for the loading and unloading of merchandise.
well as maneuvering areas. All such facilities shall be suitably
graded, drained, and surfaced..
DIVISION 3 . GENERAL PROVISIONS.
Sec. 21-91. Existing parking and loading facilities.
Accessory off street parking and loading facilities in existence on
the effective date of this Chapter and located on the same lot or
parcel as the building or use served shall not hereafter be reduced
below, or if already; fewer less, then shall not be further reduced.
below the requirements for a similar new building or use under the
provisions of this Chapter.
Sec. 21-92. New parking and loading spaces.
The parking and loading facilities required for any new or enlarged
use shall be the continuing obligation of the owner of the real estate
on which such use is located and shall not be reduced in total extent,
except upon the approval of the Board of Zoning Appeals and then only
after proof that by reason of diminution in floor area, seating
capacity, number of employees, number of dwelling units, or change in
other factors controlling the regulation of the number of parking
spaces, the proposed reduction is reasonable and consistent with the
intent of this Chapter.
Sec. 21-93 . Location of spaces.
( a) Off street loading facilities. All required loading spaces
shall be located on same lot or parcel as the use served.
(b) Off street parking facilities. All parking spaces required
herein shall be located on the same lot or parcel with the building or
use served, except thate{}}--When-an- aerease-in-the-number-ef-spaces
is-required-by-a-ehaage-er-enlargemeaf-ef-nse-,-er;-{a}Wwhen practical
difficulties as determined by the Board of Zoning Appeals, prevent
their establishment upon the same lot or parcel, the required spaces
may be located on a properly zoned lot not to exceed five hundred (500)
feet from the main entrance of the building or use being served. In
any case, where the required parking spaces are not located on the same
executed by the parties concerned, approved as to the form by the City
Attorney and shall be filed with the application for a building permit.
Sec. 21-94. Fractional measurements.
When determination of the number of off street spaces required by
this Chapter results in a requirement of a fractional space, the
parking spaces required shall be construed to be the next highest whole.
number.
Sec. 21-95. Uses not specifically listed.
The parking and loading space requirements for a use not
specifically listed in the off street parking and loading schedules
contained herein shall be the same as for a listed use of similar
characteristics of parking and loading demand generation as determined
by the Building Commissioner.
Sec. 21-96. Mixed uses.
In the case of mixed uses, uses with different parking and loading
requirements occupying a building or premises, the spaces required
shall equal the sum of the requirements of the various uses computed
separately.
Sec. 21-97 . Collective provision.
Nothing in this chapter shall be construed to prevent the joint use
of off-street parking facilities if the total number of spaces so
provided is not less than the sum of the separate requirements for each
use and provided that all regulations governing location of spaces, in
relation to the use served, are adhered to.
Sec. 21-98. Units of measurements.
(a) Employees. The number of employees shall be compiled on the
basis of the maximum number of persons employed on the premises at one
( 1) time on an average day or average night, whichever is greater.
Seasonal variations in employment may be recognized in determining an
average day.
(b) Floor area..-, as defined in 21-1.
413--Fer-pnrpeses-ef-determining-leading-requirements7-ufleer
areau-shall-be-eensidered-the-grass-f}eer-area;-as-defined-ia-seetien
E2}--Fer-purposes-a€-determining-parking-requirements;-u€leer
areau-shall-he-eensidered-the-suet-e€-the-grass-herinental-areas.-e€-the
several-€leers-e€-the-building;-er-portion-theree€; devoted-te-a
speei€ie-use;-and-shall-inelxde-any-basement-€leer-area-devoted-te
pred xetian-er-preeessing-a€-geeds;-te-besiness-er-pre€essienal-a€€iees;
er-reta}ling-aetivities-
Sec. 21-99 . Design standards; off-street parking facilities'
off-street road surfaces; drive-through facilities.
(a) Minimum area. Each off-street parking space shall contain an
area of not less than one hundred and eighty (180) square feet, as
defined in section 21-1.
(b) Access. Each required off street parking space shall open
directly upon an aisle or driveway of such width and design as to
provide safe and efficient means of vehicular access to such parking
space. All off street parking facilities shall be designed with
appropriate means of vehicular access to a street or alley in a manner
which will least interfere with traffic movement.
(c) Surfacing. All open off street parking areas containing more
than four ( 4) parking spaces shall be surfaced with a durable,
dust-free cement concrete or hot or cold bituminous concrete surface,
which meet or exceed minimum specifications prescribed by the Board of
Public Works-and-Safety.
(d) Drainage and maintenance. Off street parking facilities shall
be graded so as to prevent drainage onto abutting property and/or into
the public streets and alleys. Dry wells of a construction capacity
and design approved by the City Civil Engineer shall be installed to
collect all runoff water unless adequate storm sewers or drainage
ditches are available.. Dry wells shall be cleaned periodically so that
they will collect the design capacity of runoff water. These drainage
provisions shall not apply where a different method of disposing of the
runoff water is ordered by the Beard-ef-Publie-Werks-and-Safety
appropriate governmental body. Parking areas shall be maintained in a
clean and orderly condition at the expense of the owner or lessee and
(e) Lighting. Any lighting used to illuminate off street parking
areas shall be directed away from residential properties in such a way
as not to create a nuisance.
(f) Marking. Parking spaces in facilities containing ten (10)
spaces or more shall be marked by painted lines or curbs or other means
to indicate individual spaces. Such parking areas shall provide bumper
guards or curbs where parking spaces abut street right-of-way lines.
Signs or markers shall be used as necessary to insure efficient traffic
operation of the facility.
(g) Screening. When off street parking areas for more than four
( 4) parking spaces are located closer than fifty ( 50) feet to a lot in
a residenee residential district, or are separated from a lot in a
residential district solely by an intervening street, or to any lot
upon which there is a dwelling as a permitted use under this chapter
and where such parking is not entirely screened visually from such lot
by an intervening building or structure, there shall be provided a
continuous visual screen with a height of not less than six (6) feet
nor more than eight ( 8) feet. Such screen shall consist of a densely
planted compact hedge or a well wall or fence and shall be located in
accordance with the provisions of section 21-84(a) (15) .
(h) Parking in required yards. Off-street parking spaces shall
not be located in a required front yard or side yard adjoining a
street.
( i) Off street road surfaces. With respect to B,C-1, C-2, D and E
use districts, off-street road surfaces shall be surfaced as required
for parking areas. All road surfaces leading to shipping, receiving,
maintenance, docks, doors, or accesses shall be surfaced with a
durable, dust-free cement concrete or hot or cold bituminous concrete
surface, which meet or exceed minimum specifications prescribed by the
Board of Public Works and Safety.
Sec. 21-100. Design standards; off-street loading facilities.
( a) Minimum size. A required off-street loading space shall be at
least ten ( 10) feet wide by at least thirty ( 30) feet in length for
buildings twenty thousand (20,000) square feet or more. Each space
shall have a vertical clearance of at least fourteen (14) feet.
(b) Access. Each required off-street loading space shall be
designed for direct access to a street or alley in a manner which will
least interfere with traffic movements on the street.
(c) Drainage and maintenance. Open off-street loading facilities
shall be graded, drained and surfaced as required for parking areas in
section 21-99(c) and (d) .
Sec. 21-101. Submission and approval of plans.
(a) Plans of proposed parking and/or loading facilities shall be
submitted to the Building Commissioner for his approval at the time of
application for a building permit. The plans shall show the proposed
location, arrangement and number of all parking and loading facilities
required in accordance with the provisions of this chapter.
(b) The location and design of entrances and exits shall be in
accord with the requirements of applicable City regulations and
standards and plans for such openings onto public streets shall be
submitted to the City Engineer for his approval.
Sec. 21-102 . Exemption of Central Business District Core.
In order to prevent undue traffic congestion in areas of intensive
business concentration and so promote an orderly and efficient
circulation of pedestrians and vehicles, it is necessary and reasonable
that off-street parking facilities be provided in such areas only in
conformity with an overall, coordinated parking plan. To secure these
objectives, no accessory off-street parking facilities shall be
required for any use in the Central Business District Core Area as
shown upon a certain map in the "Book of Maps" and in section 21-104.
Such map shall be designated as "Exempted Central Business Core. Area."
Sec. 21-103 . Large-scale apartment house developments within the
Central Business District; map.
( a) Apartment buildiagshouses located within the Central
Business District or its fringe and containing one hundred (100) units
or more may provide a minimum of two ( 2) spaces per three ( 3) dwelling
upon a certain map in the "Book of Maps" and in section 21-105.
(b) Such map shall be designated as "The Central Business District
and Fringe. "
Secs. 21.103.1-21.103. 4. Reserved.
Sec. 21-103 .5. Theaters, auditoriums, gymnasiums, stadiums, arenas
convention halls and other places of assembly.
(a) Theaters, auditoriums, gymnasiums, stadiums, arenas,
convention halls and places of assembly with fixed seats located within
the Central Business District or its fringe, which are not exempted
under section 21-102, may provide a minimum of one (1) off-street
parking space per fifteen (15) seats.
(b) The Central Business District and its fringe is shown on the.
map in section 21-105 and is designated "Central Business District and
Fringe."
Sec. 21-104. Exempted Central Business Core Area.
Sec. 21-105. Central Business District and. Fringe.
ARTICLE 6. BOARD OF ZONING APPEALS
DIVISION 1. GENERAL PROVISIONS
Sec. 21-106. Board of Zoning Appeals - Established; members.
A Board of Zoning Appeals is established. The Board shall consist
of five ( 5) members to be appointed by the Mayor as provided in Indiana.
Code 36-7-4-901(i) , 19717 (formerly) Sections 18-7-5-69, 18-7-5-70J_
and 18-7-5-71.
Sec. 21-107. Same-Meetings; rules; quorum.
(a) Meetings of the Board shall be held at least once a month.
The Board shall adopt its own rules of procedure and keep a record of
its proceedings, showing the action of the Board and the vote of each
member upon each question considered.
(b) The presence of three (3) members shall be necessary to
constitute a quorum. ferd 7-Ner-4998-687-$18}
(c) Not less than five (5) days before a hearing, the staff may
file with the Board a written statement setting forth any facts or
Sec. 21-108 . -Same-Jurisdiction; Appeals; notice.
(a) Appeal from the ruling of the Building Commissioner concerning
the enforcement of the provisions of this chapter may be made to the
Board of Zoning Appeals within such time as prescribed by the Board by
general rule.
(b) The appellant shall file with the Building Commissioner and
with the Board of Zoning Appeals a notice of appeal, specifying the
grounds thereof. The Building eCommissioner shall immediately
transmit to the Board all the papers constituting the record upon which
the action appealed from was taken.
Sec. 21-109. Board of Zoning Appeals; jurisdiction; variances.
(a) In specific cases the Board of Zoning Appeals has jurisdiction
to permit the following:
( 1) Permit a temporary building for commerce or industry in a
residential district which is incidental to the residential
development, such permit to be issued for a period of not more than one
( 1) year.
( 2) Permit the continuance of a legal nonconforming use
existing at the time of the passage of this chapter that has ceased for
a period of one ( 1) year; provided the owner of the building or
premises devoted to the use can show proof that the intent was not to
discontinue the nonconforming use of the building or premises.
( 3) Permit the reconstruction, within twelve ( 12) months, of
a building located in a district restricted against its use, which has
been destroyed by fire, flood, explosion, war, riot or act of God to
the extent of not more than fifty ( 50) percent of its value; provided
that when such reconstruction becomes involved in litigation, the time
required for such litigation shall not be counted as a part of the
twelve (12) months allowed for reconstruction.
( 4) Permit the extension of a use or height and area district
for a distance of not more than twenty-five ( 25) feet, where the
boundary line of a district divides a lot in a single ownership at the
time of the passage of this chapter Ordinance No. 4990-68.
utility purpose which the Board admits reasonably necessary for the
public convenience or welfare.
463.--Pefmit-the-enlargement-of-an-existing-buildng-leeated
in-a-distfiet-restrieted-against-its-use;-where-sneh-enlargement-dees
net-exeeed-arse-third-the-tetal-fleef-area-eeeugied-by-the-neneenferming
use-at-the-time-eertifieate-fer-sneh-neneeafenming-use-was-issued;
previded;-hewever;-that-ne-building-whieh-heases-a-eentrelled-use-may
be-enlafged-under-this-subseetien:
f7} (6) Interpret the provisions for this chapter in such a
way as to carry out the intent and purpose of the plan, as shown upon
the maps, fixing the several districts accompanying and made a part of
this chapter where the street layout actually on the ground varies from
the street layout as shown on the maps.
48} (7) Where there are practical difficulties er
unneeessary-hardships in complying strictly with the provisions of
this chapter, the Board of Zoning Appeals may, in specific cases,
adjust any such condition in harmony with the general purpose and
intent of this chapter to the end that the public health, safety and
general welfare may be secured and substantial justice done.
+9} (8) Adopt from time to time such rules and regulations.
as may be deemed necessary to carry into effect the provisions of this
chapter.
f}g}-Fen-the-purpose-ef-ereating-an-effeetive-buffers-between
residential-and-eemmefeial-er-industrial-usesy-the-Beard-ef-Bening
Appeals-may-penmit-parking-lets-is-any-fesidential-distfiet-where-the
afea-is-adgaeent-te-any-eemmereial-er-industrial-distfiet;-er-is
separated-therefrom-by-a-street-en-alley-net-ever-thirty-f39}-£eat-in
width.---Sueh-pafking-let-shall-be-subj.eet-te-any-eeaditiens-aad
reeemmendatiens-that-the-Beard-may-impese-far-the-preteetien-ef-the
residential-pfepertyr
+II+ (9) In addition to the provisions set forth above, the
following provisions shall be applicable to the issuance of waivers
within the "F" Floodplain, "F-1" Floodway or "F-2" Floodway Fringe
(A) The Board of Zoning Appeals may grant waivers to the
provisions of the "F" Floodplain, "F-1" Floodway or "F-2" Floodway
Fringe District only upon the written approval of the Natural Resources
Commission.
(B) Waivers may be granted only in cases where the
following conditions are met:
1. If a new structure is to be erected 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; or
2. If a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places is to be
restored or reconstructed.
( C) In all instances, waivers may be granted only upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the waiver
would result in exceptional hardship to the applicant;
3 . A determination that issuance of such waiver
will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public or conflict with existing local
laws and ordinances; and
4. A determination that the waiver is the minimum
necessary, considering the flood hazard, to afford relief.
(D) In cases where a waiver is granted, a notice shall
be placed on the deed to the property stating that the proposed
construction will be located in a flood-prone area. Said notice must
contain a statement of the number of feet that the lowest
nonfloodproofed floor of the proposed structure will be below the level
of the one hundred-year flood and that actuarial flood insurance rates
increase as the first floor elevation decreases. In addition, the
Board of Zoning Appeals shall notify the applicant for said waiver in
writing that the issuance of a waiver to construct a structure below
premium rates and that such construction below the base flood elevation
increases risks to life and property.
(E) The Board of Zoning Appeals shall maintain a record
of all waiver actions, including justification for their issuance, and
shall include such information in the annual report submitted to the
Federal Insurance Administration. A copy of said report shall also be
sent to the Natural Resources Commission.
(b) In specific cases the Board of Zoning Appeals may permit a
variance from the application of height and area district regulations
and similar development standards upon. a written determination that:
(1) The approval of the variance will not be injurious
to the public health, safety, morals and general welfare of the
community;
( 2) The use and value of the area adjacent to the
property included in the variance will not be affected in a
substantially adverse manner; and
(3 ) The strict application of the terms of the zoning
ordinance will result in practical difficulties in the use of the
property:; and
( 4) Reasonable regard has been given to the current area
plan.
The Board, in granting a variance, may prescribe any
reasonable conditions applying thereto that it may deem necessary or
desirable in carrying out the general purposes of this chapter.
(c) A Class A cabaret or other controlled use which sells beer or
intoxicating liquor for consumption on the premises, except for a Class
B cabaret, may petition the Board of Zoning Appeals for a permit
allowing for structural alterations to and expansion of restroom and/or
kitchen facilities which exceed the perimeter of the existing
building. The Board may grant said permit upon written findings
pursuant to the requirements of subsection (b) of this section and upon
additional written findings that:
(1) Structural alterations of the restroom and/or kitchen
impractical and would result in a decrease in the existing seating
capacity; and
( 2) The structural alteration or expansion of the existing
restroom and/or kitchen facilities will not result in an increase in
the existing seating capacity or patron service area.
DIVISION 2. EXCEPTIONS TO DISTRICT REGULATIONS
Sec. 21-110. Exceptions to district regulations.
Discretionary power within the limits of the provisions of this
division is given to the Board. of Zoning Appeals to permit, only in the
district so indicated, after public hearing, certain uses that, due to
unusual size, infrequent occurrence., safety hazard, effect on
surrounding property or other reasons, demand detailed consideration.
Sec. 21-111. Board of Zoning Appeals; determination of exceptions.
(a) In permitting exceptions, the Board shall determine that:
(1) Public health, safety and welfare will not be adversely
affected by the proposed use, and it will not be detrimental to
adjacent properties or to the general neighborhood.
( 2) The proposed use will comply with all special regulations
established by this division and with all special conditions and be in
harmony with the general purpose and intent of this chapter and with
the Comprehensive Plan of the City.
(b) +31 The Board may require any engineering drawings or
specifications, site plans, operating plans or other information it
finds necessary to fully appraise the need for or effect of such use.
(c) {4} The Board, in granting an exception, may prescribe any
reasonable conditions applying thereto that it may deem necessary or
desirable in carrying out the general purposes of this chapter.
Sec. 21-112. Exceptions in all Districts.
(a) The following exceptions may be permitted in all districts:
( 1) Airports. Provided that plans have been appfeved
reviewed by the Eity-Plana}ag Staff of the Area Plan Commission.
( 2) Cemetery. Provided that no graves, mausoleums, and
( 3) Swimming pool or recreation center. Provided that:
(A) Membership is incorporated as a non-profit
organization, maintaining and operating a swimming pool or recreation
center, with specific limitations upon the number of members, or
limited to the residents of a block, one ( 1) or more sections of a
subdivision, a neighborhood, or other similarly specified area of
residence;
(B) The pool or any building is located no closer than
fifty ( 50) feet from any lot line;
(C) Adequate off-street parking is provided; and,
(D) Recirculation systems with filtering and
disinfection equipment meeting the requirements of the State Board. of
Health is provided.
40.--Gelf-driving-ranges;-miniature-pelf-eexrses 7--Provided
that:
4.A}--The-area-within-five-hundred-4.569}-feet-e4.-all
bexndaries-e4.-the-let-is-net-develeged-te-greater-density-than-ene-fly
family-per-aere;
+B}--Fleedlights-are-direeted-and-shielded-se-as-net-te
be-an-anneyanee-te-street-er-highway-traffie-er-te-develeged
residence-residential-preperty;-and;
4.e}--The-Beard-shall-grant-a-temgerary-permit-net-te
exeeed-ene-f}}-year;-whieh-permit-shall-be-renewable-enly-se-long-as
pepu atien-density-lees-net-exeeed-ene-fii-family-per-aere-within-five
hundred-f599+-feet-e€-the-let-berindary7
45}(4) Golf courses and related uses. Provided that:
(A) The land parcel shall contain not less than thirty
( 30) acres;
(B) The club house or any accessory building shall be no
closer than one hundred ( 100) feet to any adjoining lot line in a
residenee residential zoned district nor within fifty ( 50) feet of
any other adjoining lot line;
(C) Adequate off-street parking shall be provided and
(D) Floodlights are directed and shielded so as not to
be an annoyance to street or highway traffic or to developed
residential property; and,
(E) All electrical conduction shall be installed
underground.
f6}(5) Fairs, displays, shows, and exhibits. Provided
that:
(A) They are conducted by public or semi-public
voluntary organizations such as Boy Scouts, Girl Scouts, Campfire
Girls, Izaac Walton League, 4-H Fair;
(B) The parcel of land is not less than ten ( 10) acres
in area;
(C) All buildings, structures, and uses shall be located
not less than one hundred ( 100) feet from adjoining property lines;
(D) Adequate off-street parking shall be provided and
shall be located not less than fifty (50) feet from the nearest
property line;
(E) All required setback areas shall be permanently
maintained as open space, except for walks, driveways, fences, and
structures or buildings for admission control; and,
(F) There is no housing of animals except in connection
with exhibits.
( 6) For the purpose of creating an effective buffer between
residential and commercial or industrial uses, the Board of Zoning
Appeals may permit parking lots in any residential district where the
area is adjacent to any commercial or industrial district, or is
separated therefrom by a street or alley not over thirty (30) feet in
width. Such parking lot shall be subject to any conditions and
recommendations that the Board may impose for the protection of the
residential property.
(7) Mass transportation off-street loading or unloading
locations which do not include a permanent, enclosed structure.
Sec. 21-113. Exceptions in "B" Residence Residential Districts.
(1) Funeral homes. Provided that:
(A) The use is confined to an existing building
converted for the purpose;
(B) The principal building or buildings shall not occupy
more than forty percent ( 40°%) of the lot area; and,
(C) The building shall retain substantially the
appearance of a dwelling.
Sec. 21-114. Exceptions to "A-2" Residential Districts.
4a} The following exceptions may be permitted in "A-2"
Residential Districts:
( 1) Planned residential developments. Provided that the
general intent and requirements of Article 2, Division 4 of this
Chapter are fulfilled, and further that the specific requirements and
procedures of Sections 21-115 through 21-117 are complied with.
Sec. 21-115. Exceptions in "A-2" Residential. District; special
requirements.
(a) The special requirements for an exception in an "A-2"
Residential District shall be as follows:
(1) Off-street parking shall be provided in the following
ratios: One ( 1) space per employee; one ( 1) space per five hundred
( 500) square feet of gross floor area in commercial or office use; in
addition, the Board shall set a ratio of off-street parking spaces to
be provided per dwelling unit. This ratio shall be based upon the type
of dwelling units to be erected, the location and character of the
proposed development, and the use and character of the surrounding
area. The Board shall require a minimum of at least one ( 1) off-street
parking space per dwelling unit, but shall not require more than two
(2) spaces per dwelling unit. All parking areas are to be adequately
landscaped and located. Enclosed parking is to be encouraged.
( 2) In low rise structures of three (3) stories or less, the
average number of dwelling units shall not exceed eight (8) per
building; nor shall any building contain more than twelve ( 12) dwelling
units; nor shall any building facade exceed two hundred ( 200) feet in
( 3) The average number of dwelling units per gross acre in
planned residential developments shall be limited by the Board of
Zoning Appeals, and such limit shall be based upon the type of dwelling
units to be erected, the nature and location of the tract to be
developed, the character and intensity of development of the
surrounding area, and the capacity of public facilities which would
serve the development. This limit shall not exceed an average of
twelve (12) dwelling units per gross acre over the entire tract, nor
shall the minimum usable open space be less than forty percent ( 40%) of
the gross acreage of the entire tract.
( 4) The provisions of Sections 2.1-151 to 21-154 and Division
4 of the Subdivision Ordinance, Article 8 of this Chapter shall be
complied with.
( 5) The tract shall be under single ownership or control
before application is made.
(6) Total floor area devoted to commercial and professional
uses shall be limited to two percent (2%) of the gross floor area of
the development. Commercial and office uses shall be restricted to
such uses as those allowad in the "C-1" Commercial District.
(7) Upon completion of the various sections of a development
the proponent of a planned residential development shall submit, as
built, site plans showing the location of streets, lots and buildings
as approved by the Board of Zoning Appeals, and otherwise complying
with the provisions of the Subdivision Ordinance, Article 8 of this
Chapter, as regards the format and contents of final plats, to the Plan
Commission, which shall then approve such plans for recording as a
final plat.
Sec. 21-116. Exception in "A-2" Residential District; data required.
(a) The data required for an exception in an "A-2" Residential.
District shall be as follows:
( 1) Overall development plans showing proposed land uses,
number, type and location of dwelling units, building heights, open
space allocations, on site parking provisions, streets, peripheral
( 2) An area location plan indicating existing and proposed
street systems, subdivision lines, and building types, uses and
approximate locations.
( 3) Typical floor plans and elevations of all buildings.
( 4) Copies of legal documents regulating the organization,
construction, operation and/or sale of the development in part or in
whole, including provisions for subsequent subdivision and documents
guaranteeing the protection of open spaces.
( 5) Tabulated data giving the proposed number and type of
dwelling units, gross acreage., proposed land coverage, ground and
gross floor area, floor areas by use, land areas by use, commercial
facilities, and estimated population and traffic to be generated.
Sec. 21-117 . Exceptions in "A-2" Residential District; procedure.
(a) The procedure for obtaining an exception in an "A-2"
Residential district shall be as follows:
( 1) The proponent of a Planned Residential Development in an
"A-2" District shall petition the Board for approval as an exception.
The petition shall be accompanied by an overall development plan and
other required documents and data as herein listed. The Board shall
study these plans, documents and data and may then approve subject to
conditions or disapprove the petition. After approval, the proponent
shall submit a minimum of four ( 4) sets of true copies of the final
development plan and all legal documents, as approved, to the Board for
certification. Two (2) sets shall be filed with the Board, one ( 1) set
with the Building Commissioner and one (1) set returned to the
proponent.
( 2) Upon receipt of a set of certified development plans and
documents from the Board the Building Commissioner is authorized to
issue permits for buildings and improvements in accordance with the
development plan.
( 3) For any change or amendment of the development plan or
the organization or the operation of the development the proponent
shall submit a written request for approval to the Board. If the Board
( 4) The development plan and required legal documents, as
approved and certified by the Boards shall be binding upon the original
and all subsequent owners of the development or portions of it for the
duration of the development.
(5) Every petition filed for approval of an exception as a
Planned Residential Development shall be accompanied by a fee to cover
the cost of public notice, due notice to interested parties and
review. The fee shall be a minimum of fifty dollars ($50.00) and shall
increase by one dollar ($1.00) per ten thousand dollars ( $10,000.00)
estimated project cost above five hundred thousand dollars
($500,000.00) to a maximum fee of four hundred dollars ($400.00) .
( 6) It is suggested that the proponent of a Planned
Residential Development consult informally with the Planning Director
during the preplanning stages.
(7) A bond shall be filed which shall run to the City, in an
amount determined by the Board to be sufficient to complete all
improvements as shown on the development plan as approved by the Board
and in compliance with this chapter, with surety by a company licensed
to do business in the State of Indiana, and specifying the time for
completion for the improvements.
Sec. 21-117 .05. Exception in "C" Commercial Districts.
(a) Combined use: One, two or multi-family dwellings may be
permitted as exceptions in "C" Commercial Districts provided that:
( 1) The dwellings are not located on the first floor of the
building;
(2) The first floor of the building is occupied by a use
permitted in the "C" Commercial District;
( 3) The building was constructed prior to June 1, 1987;
( 4) The petition for exception has been reviewed by the
Building Commissioner and Fire Chief, or their representatives, and
their comments and recommendations are considered by the Board;
( 5) No floor of the building may house a controlled use; and
( 6) The building shall comply with all uniform building and
(b) Using a portion of the building for dwelling units pursuant to
Subsection (a) will not impose Residenee Residential. District
standards or restrictions upon the remainder of the "C" Commercial
District.
Sec. 21-117.07 . Commitments; Recording.
(a) The Board may permit or require an owner of a parcel of
property requesting an exception or a variance to make a written
commitment concerning the use or development of that parcel pursuant to
Indiana Code Section 36-7-4-921 (Burns 1986) .
(b) The Board may require that any variance, exception,
certificate of non-conforming use, interpretation or commitment be.
recorded in the St. Joseph County Recorder' s office.
Sec. 21-122 Zoning of Annexed Areas
(a) Each area annexed to the City after the effective date of this
provision (July 24,1972) shall be zoned "A" Residence
District and "A" Height. and Area. District as of the date of
annexation.
(b) Within sixty (60) days after notification of th date of
annexation of an area hereafter annexed to the City, the
Commission shall submit to the Council a recommended zoning
plan for such area. Within forty-five (45) days after receipt
of such recommended zoning plan, the Council shall adopt by
ordinance a zoning plan for such area.
(c) No building permit shall be issued by the Building
Commissioner and no change in use or bulk of structures
existing may occur in any area hereafter annexed to the City
until such area has been zoned by the Council, except that for
lots of record in a recorded subdivision, building permits may
be used for single-family dwelling units.
SECTION II . This Ordinance shall be in full force and effect from
and after its passage by the Common Council and approval by the Mayor
of the City of South Bend.
eber of to tnCo cil
t-/
1st READING " - a /- P 7
PUBLIC HEARING I— aa- 90
3rd READING /—a a- 90 Filed In Clerk's Office
NOT APPROVED
REFERRED
PASSED /- aa- go , 04an, .,_.,,ded, JAN 22. 1990
CITY CLERK SO.BEND,IN.