HomeMy WebLinkAboutAmending Chapter 6 Development Design review Amending certain Sections of Chapter 21 ORDINANCE No. 7960-89
Passed by the Common Council of the City of South Bend, Indiana.
January 2.3 , rq 89
Attest: 4-e-t-tz- r, / City Clerk
IRENE K. GAMMON A/ /Attest: ,L di IL`L i i,1�. President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana _
January 24, rg 89
City Clerk
IRENE K. GAMMON
Approved and signed by me gekwanAy 0.16, Ig__
efohykk &C-4........._.
Mayor
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ORDINANCE NO. 7960-89
AN ORDINANCE AMENDING CHAPTER 6
OF THE SOUTH BEND MUNICIPAL CODE TO
ADD A NEW ARTICLE 3, ENTITLED
DEVELOPMENT DESIGN REVIEW, AND AMENDING
CERTAIN SECTIONS OF CHAPTER 21 OF THE
SOUTH BEND MUNICIPAL CODE
STATEMENT OF PURPOSE AND INTENT: In order to strengthen the
South Bend Central Development Area as an attractive place to work,
live, and shop, the South Bend Redevelopment Commission and the City
of South Bend, together with merchants and other business people
located in that area, have expended considerable time, energy, and
money to enhance the design and ambience of the area. In order to
preserve and increase the positive effects of this investment, it is
necessary to provide for review of proposed exterior work in the
South Bend Central Development Area and to require compliance with
design standards for such work.
NOW, THEREFORE, BE IT ORDAINED BY THE SOUTH BEND COMMON COUNCIL,
as follows:
SECTION I. Chapter 6 of the South Bend Municipal Code shall be
amended by adding a new Article 3 to be entitled Development Design
Review, which shall read in its entirety as follows:
ARTICLE 3 . DEVELOPMENT DESIGN REVIEW
Section 6-7. Development Design Area.
(a) The following area is designated as a Development Design
Area, and all real property and appurtenances therein shall be
subject to the provisions of this Article:
( 1) South Bend Central Development Design Area:
Beginning at the point of intersection of the South
right-of-way line of Sample Street with the West
right-of-way line of Michigan Street; thence North along
said West right-of-way line of Michigan Street to its
intersection with the Northerly line of the Conrail Railroad
(formerly Penn Central) right-of-way; thence Northwesterly
along said Northerly Railroad right-of-way line to its
intersection with the Southerly projection of the West
right-of-way line of Taylor Street; thence North along said
West right-of-way line to its intersection with the Westerly
projection of the North right-of-way line of Monroe Street;
thence East along said projection and the North right-of-way
line of said Monroe Street to its intersection with the
southerly projection of the centerline of the first 14 foot
alley lying West of Lafayette Boulevard; thence North along
said projection and the centerline of said 14 foot alley to
the South right-of-way line of Washington Street; thence
West along said South right-of-way line to the East
right-of-way line of William Street; thence North along said
East right-of-way line to the North right-of-way line of
Colfax Avenue; then East along said North right-of-way line
to the centerline of the first 14 foot alley lying West of
Lafayette Boulevard; thence North along said centerline, in
certain places being sometimes known as St. James Court, to
the North right-of-way line of LaSalle Street; thence East -
along said North right-of-way line to the West right-of-way
line of Michigan Street; thence North along said West
right-of-way line to the Westerly projection of the North
l i nP of T.nt 1 1 1 in them C1ri rri na 1 U1 at to th . M an nnw f'i tv
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right-of-way line of said Corby Street to the centerline of
the first 14 foot alley lying West of Hill Street; thence
South along said centerline to the North right-of-way line
of Crescent Avenue; thence Southeasterly to the point of
intersection of the South right-of-way line of said Crescent
Avenue with the centerline of the first 14 foot alley lying
West of said Hill Street; thence Southeasterly,
Southwesterly and South along the centerline of said alley
to the centerline of the first 14 foot alley lying North of
Cedar Street; thence East along said centerline to the
centerline of the first 14 foot alley lying East of Hill
Street; thence South along said centerline to the South
right-of-way line of Jefferson Boulevard; thence West along
said South right-of-way line to the centerline of the St.
Joseph River; thence Southeasterly along said centerline to
the Easterly projection of the Southerly right-of-way line
of Monroe Street; thence Southwesterly along said projection
and the Southerly right-of-way line of Monroe Street to the
Easterly right-of-way line of Lincolnway East (U.S. Highway
#33 ) ; thence Southeasterly along said Easterly right-of-way
line to the South right-of-way line of Sample Street; thence
West along said South right-of-way line to the place of
beginning.
(b) Except as hereinafter provided, no person, firm, or
corporation, shall erect, construct, enlarge, alter, repair, move,
improve, remove, convert or demolish any building, structure -or other
real property or appurtenances located within a Development Design
Area unless such work has been approved in advance by the Development
Design Review Committee, pursuant to this Article.
Section 6-7.1. Development Design Review Committee.
(a) A Development Design Review Committee is established with
the membership, powers, and duties, as set forth in this Article.
(b) The Development Design Review Committee shall be composed of
seven (7) members as follows: the Executive Director of Department
of Economic Development who shall serve as chairman; the City
Engineer; the City Building Commissioner; the Director of the St.
Joseph County Area Plan Commission; and three ( 3) other members, to
be appointed by by the South Bend Redevelopment Commission. The
three members appointed by the South Bend Redevelopment Commission
each shall serve a term of two years and shall serve at the pleasure
of the South Bend Redevelopment Commission. The other four members
shall serve while they hold their designated public offices. Four
(4) members shall constitute a quorum. All members shall serve
without compensation except for compensation ordinarily paid by
virtue of any other public office held by that member.
(c) The Development Design Review Committee shall have the
following powers and duties:
( 1) To review and to approve, modify and approve, or
disapprove applications for work on any building, structure, or
other real property or appurtenances within a Development Design
Area; provided, however, that such review and action shall relate
solely to compliance or noncompliance of the proposed work with
Design Guidelines for the specific Development Design Area
adopted by reference at Section 6-5.
( 2) To adopt such rules and procedures as are necessary or
convenient for carrying out its powers and duties.
Section 6-7. 2. Anneal.
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Section 6-8. Application.
(a) An application for any permit issued under authority of the
South Bend Municipal Code shall also be deemed to be an application
for review by the Development Design Review Committee when the site
of the proposed work is within a Development Design Area and the
proposed work would affect the exterior appearance of a property or
its appurtenances located within that area. Where no other permit is
required, an application for Development Design Review Committee
approval shall be filed with the Building Commissioner on the form to
be prescribed by the Development Design Review Committee.
(b) Within five ( 5) working days of receipt of such application,
the Building Commissioner shall forward the application to the
Development Design Review Committee for review and action.
(c) The Development Design Review Committee shall consider any
application and within thirty ( 30) days of its receipt shall approve,
modify and approve, or deny application. Where the application is
modified and approved or denied, the reasons for such modification or
denial shall be given in writing by the Committee. Failure of the
Committee to take action within forty-five ( 45) days after receiving
the application shall constitute approval thereof.
(d) The Development Design Review Committee shall forward in
writing its action on the application to the Building Commissioner.
(e) The Building Commissioner shall not issue a permit for any
work which will affect the exterior appearance of property located
within a Development Design Area unless the application has been
approved by the Development Design Review Committee. Where the
Development Design Review Committee has modified and approved an
application, the Building Commissioner may issue a building permit
for the work as modified by the Development Design Review Committee.
Section 6-8. 1. Nothing herein shall be deemed to modify or
delete any other requirements of this code for any proposed work
within a Development Design Area.
SECTION II. Chapter 21 of the South Bend Municipal Code, Section
21-1(a) ( 16 .1) shall be deleted in its entirety.
SECTION III. Chapter 21 of the South Bend' Municipal Code,
Section 21-169(e) ( 5)c shall be deleted in its entirety.
SECTION IV. Chapter 21 of the South Bend Municipal Code, Section
21-170( 2) shall be amended to read in its entirety as follows
( 2) "A-2" Planned Residential Development District and
uA-3u-Mixed-Use-Mufti-fat iiy-Residentiai-smd-eemmereiai
District:-
(a) All signs permitted in the "A" Residence District.
(b) Identification signs for permitted commercial uses
in a planned residential development or mixed use
multi-family residential commercial district not exceeding
one-half ( 1/2) square foot in display area per linear front
foot of the commercial uses and not visible from any public
street outside the development.
SECTION V. Chapter 21 of the South Bend Municipal Code shall be
amended by adding a new Section 21-170( 2. 5) which shall read in its
entirety as follows:
( 2. 5) "A-3" Mi xPri TTcP m„A
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one ( 1) square foot in area per linear front foot of the
use.
SECTION VI . Chapter 21 of the South Bend Municipal Code, Section
21-172 shall be deleted in its entirety and reserved for future use.
SECTION VII . Chapter 21 of the South Bend Municipal Code,
Section 21-173(a) ( 2)h shall be amended to read in its entirety as
follows:
h. Other such applicable information as the Building
Commissioner er-the-Besigri-Review-eermnittee may require
under the provisions of this Article.
SECTION VIII . Chapter 21 of the South Bend Municipal Code,
Section 21-173(a) ( 3 ) shall be amended to read in its entirety as
follows:
( 3 ) Procedure:
(a) In accordance with the provisions of this-seetieri
221-173 Chapter 6, Article 3 of this Code, when applicable,
the Building Commissioner shall forward, upon receipts, one
copy of the application for a signed permit along with all
supporting data to the Development Design Review Committee
for review and approval. The Building Commissioner shall
issue a signed permit or deny the application upon receipt
of the decision of the Development Design Review Committee;
and
(b) Except as otherwise provided, the Building
Commissioner shall review an application for a sign permit
and issue such permit in accordance with the provisions of
this article or deny the application within five ( 5) working
days of its receipt. Failure of the Building Commissioner
to take such action shall constitute approval of the sign
permit;
(c) A sign permit shall be valid for a period not
exceeding three ( 3) months; provided, however, that when a
sign permit is issued in connection with a building permit
for the site on which the sign is to be located, the sign
permit shall run concurrent with the building permit. The
holder of a sign permit may apply through the Building
Commissioner for a three-month extension on the permit
within five ( 5) working days of the expiration date. A sign
permit shall be renewed only once, after which time the
permit shall be null and void; and
(d) Temporary signs shall be issued a temporary sign
permit for a period not to exceed ninety ( 90) days. The
holder of a temporary sign permit may apply through the
Building Commissioner for a thirty-day extension on the
permit within five ( 5) working days of the expiration date.
A temporary sign permit shall be renewed only once, after
which time the permit shall be null and void.
SECTION IX. Chapter 6 of the South Bend Municipal Code, Section
6-5 shall be amended by adding a new subsection ( 13 ) to read in its
entirety as follows:
Section 6-5( 13 ) . Design Guidelines for the South Bend
Central Development Area, adopted by the South Bend Redevelopment
Commission September 12, 1986 and amended June 12, 1987, which
shall be applied to provisions of Chapter 6, Article 3, for real
nroDP_rt'v And a't niirt'Pnanrac 71on.4 ro,•,�„•�1
wv,j City of South Bend
/Ill(� `,` �i)/}j Joseph E. Kernan, Mayor
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Department of Economic Development
Jon R. Hunt Ann E. Kolata
Executive Director Deputy Executive Director
November 7, 1988
South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
Dear Council Members:
Enclosed is an ordinance amending the building ordinance by
establishing a Development Design Review Committee. This Committee
would review exterior plans for buildings located within the South
Bend Central Development Area and would require compliance with the
Design Guidelines for that area.
We feel this ordinance is necessary in order to assure high quality
work in the area and thereby continue our efforts to strengthen the
South Bend Central Development Area as an attractive location in
which to invest.
I will be happy to discuss the ordinance with you if you have any
questions.
Sincerely,
/Ann E. Kolata
Deputy Executive Director
AEK:ml/f
Enclosure
1200 County-City Building • South Bend, Indiana 46601 • 219/284-9371 Fax 219/284-9892
Redevelopment Economic Development Housing Rehabilitation Financial & Program Human Rights
Ann Kolata & Business Assistance Kathryn Baumgartner Management Mary E. Allen
284-9371 Donald Inks 521 Eclipse Place Elizabeth Leonard 284-9355
284-9335 284-9475 284-9335
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AREA PLAN COMMISSION RICHARD S. JOHNSON
OF ST. JOSEPH COUNTY, IN Executive Director
Room 1140 County-City Building South Bend, Indiana .46601 (219) 284-9571
December 21 , 1988 "
The Honorable Common Council
City of South Bend
County-City Bldg. - 4th Floor •
South Bend, In 46601
RE: An Ordinance initiated by Councilman John Voorde to add a new Article 3,
entitled Development Design Review, and amending certain sections of
Chapter 21 of the South Bend Municipal Code - APC #1220-88
Gentlemen:
The above referenced ordinance and site development plan of Councilman John
Voorde was legally advertised December 8 and December 10, 1988. The Area Plan
Commission gave it a public hearing on December 20, 1988 at which time the
following action was taken:
Upon a motion by Robert Lehman, being seconded by
Joseph Serge and carried, the proposed Ordinance
initiated by Councilman John Voorde to add a new
Article 3, entitled Development Design Review, and
amending certain sections of Chapter 21 of the South
Bend Municipal Code is sent to the Common Council with
a favorable recommendation
The deliberations of the Area Plan Commission and points considered in arriving
at the above decision are shown in the minutes of the public hearing, and will
be forwarded to you at a later date to be made a part of this report.
Attached, for your consideration in the review of this matter, is a copy of the
Area Plan Commission►s Staff Report.
Sincerely,
Richard S. Johnson
RSJ/sr
Attachment
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN
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3F RP ORT
�DHN-VUOKDE #1220-88 December 9. 1988
Desion Reviet,
Oitv of south Bead
The ouroose of this petition is to establish a
' ^ development desion committee for the South Bend "n
Central Development Area whose powers and duties /
would include the aporoval , modification . or
disapproval for exterior work on real propertv
within the Development Desion Area.
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to whom was referred
BILL NO.
110-88 A BILL AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE
TO ADD A NEW ARTICLE 3, ENTITLED DEVELOPMENT DESIGN REVIEW,
AND AMENDING CERTAIN SECTIONS OF CHAPTER 21 OF THE SOUTH
BEND MUNICIPAL CODE.
Respectfully report that they have examined the matter and that in their opinion
This bill should be recommended to the Council favorable.
Steve Luecke
Chairman