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HomeMy WebLinkAboutAmending various Sections throughout Chapter 21 Entitled Zoning r • ORDINANCE No. 7790-87 Passed by the Common Council of the City of South Bend, Indiana August 24, Iq 87 Attest: T` - l City Clerk IRENE K. GAMMON Attest: lam`— ;/�. President o f Common Council Presented by me to the Mayor of the City of South Bend, Indiana August 25, 87 City Clerk IRENE K. GAMMON Approved and signed by me 198'7 jLMayor • SUBSTITUTE BILL NO. 27-87 ORDINANCE NO. 7798 -0 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA , AMENDING VARIOUS SECTIONS THROUGHOUT CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND ENTITLED ZONING AND BY THE ADDITION OF NEW DIVISION 13 IN ARTICLE 2 , ENTITLED ACCESSORY BUILDINGS AND USES . STATEMENT OF PURPOSE AND INTENT It is an accepted practice in zoning regulations to allow the establishment of certain uses and buildings that are related to the primary permitted uses. Zoning ordinances generally provide that any uses deemed "customarily incidental" to the main activity may be conducted on the property and are typically termed accessory uses. Some examples of such accessory uses include private swimming pools, fallout shelters, garages, and tennis courts. With the advent of improved technology in the area of communications , the City of South Bend believes that it must review its zoning regulations by examining them in light of valid public health, safety and aesthetic objectives. The following amendments are believed to impose reasonable limitations which are in the best interests of ensuring the general public's health , safety and aesthetics in the City of South Bend , Indiana. SECTION I. Chapter 21 , Article 1 of the Municipal Code of the City of South Bend, entitled "General Provisions", is amended in part as follows: Sec. 21-1 Definitions. (a) As used in this chapter, unless otherwise provided : fl} AeeesseFy building means a subeFdinate building AF paFt ef main building the use ef whieh is i teidental to that ef the mart building- ( 1) Accessory building or use means a subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use. (42.01) Modern accouterments mean all fixed external antennae. SECTION II. Chapter 21 , Article 2, of the Municipal Code of the City of South Bend , Indiana , entitled "Use District Regulations", is amended in part to read as follows: than nine (9) months during the calendar year may provide lodging for no more than two (2) persons whether or not for compensation.- , unless otherwise restricted bj the provisions of Division 13 of this Article. (7) Accessory buildings including one ( 1) private garage, whether attached to the house or as a separate building.- , unless otherwise restricted by the provisions of Division 13 of this Article. Sec. 21-11. "A-2" Planned Residential Development District; Requirements . (a) (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 other- wise restricted ki the provisions of Division 13 of this Article. Sec. 21-11.1 . "A-3" Mixed Use Multifamily Residential and Commercial District. (b) (6) Accessory uses : a . Parking garages b. Recreational centers c. Real estate sales and rental offices and model dwelling units representing only the development to which they are located.- , unless otherwise restricted LE the provisions of Division 13 of this Article . Sec . 21 - 12 . "B" Residence District : Uses permitted ; exceptions . (a) (7) Accessory buildings or uses customarily incidental to any of the above uses when located on the same lot.- j_ unless otherwise restricted by the provisions of Division 13 of this Article . Sec . 21-14 . "B-1" Residential District ; uses permitted . (a) (3) 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 . Sec. 21-18 . "C" Commercial District ; Uses permitted. (a) (54) Resefved- 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 . Sec . 21-19 . "C-1" Commercial District ; Uses permitted . • Sec. 21-23 . C-2" District ; Uses permitted . (a) (43) Accessory buildings and uses customarily incidental to any of the above uses.- , unless otherwise restricted 2/ the provisions of Division 13 of this Article. (b) ( 16) Accessory buildings and uses customarily incidental to any of the above uses.- , unless otherwise restricted b2 the provisions of Division 13 of this Article. (c) (7) Accessory buildings and uses customarily incidental to any of the above uses: , unless otherwise restricted by the provisions of Division 13 of this Article. SECTION III. Chapter 21, Article 2, of the Municipal Code of the City of South Bend, Indiana, is amended by the inclusion of a new Division 13 which shall read in its entirety as follows : Division 13 . Accessory Buildings and Uses . Sec. 21-36 . 50 Purpose of Division al Accessory building and uses as heretofore defined in Sec. 21-1(a)(1) 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. la 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: al Incidental and subordinate to and commonly associated with the operation of the primary use of the lot . Operated and maintained under the same ownership or pursuant to a contractual agreement including the title holder of record for said lot , or lot of record , and on the same lot as the primary use. cI Clearly subordinate in area, bulk, extent, and purpose to the primary use served. d) Not located closer to any lot line than the minimum setback line required , unless specified otherwise in this • Sec. 21-36.52 Permitted Accessory Buildings and Uses Permitted accessory buildings and, uses include the following : al Such buildings or structures as canopies, , porte cocheres, patios , outdoor fireplaces, bath houses, cabanas, doghouses , childrens' play equipment , greenhouses and similar buildings or structures. 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 carports , and fences subject to the specific provisions of this Code . 11 Modern accouterments and all items listed in Section 21- 84(a) (3) . 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. bZ In all residential districts, all modern accouterments shall not be attached to the street side of the primary building . cZ In all "A-3" Mixed Use Multifamily Residential and Commercial Districts, commercial and industrial districts, all modern accouterments shall be located within the required side yard or required front yard. (1) 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 . el 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 strict strictli. 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.1 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. SECTION IV. Chapter 21 , Article 4, of the Municipal Code of the City of South Bend , Indiana, entitled "Height and Area District Regulations" is amended in part as follows: Division 2 . "A" Height and Area District . Qor 91 _/0 rnrnor nt c+ • ron.•iromonto Division 3. "B" Height and Area District . Sec. 21-59 . Corner lots; requirements. (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 of such adjoining lot. Division 9 . Height and Area District Exceptions. Sec. 21 -84. Height and Area District regulations ; exceptions. (a) (11) In the "A", "B", "C", "D", and "E" Height and Area Districts , only one (1) accessory building may be erected in the rear yard and such accessory building shall not exceed twelve (12) feet in height , nor occupy more than thirty percent (30%) of the rear yard area. However, all Height and Area District side yard and setback regulations shall be adhered to by that accessory building on the same lot, when the accessory building is located, in whole or in part, within the front sixty percent (60%) of the lot depth.- sunless otherwise restricted the provisions of Division 13 of Article 2. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. /Tembel of the Common/:uncil 1st READING 4—e -- 3s9 • fhnmmtttrr artnrt mu the Tom= (IIounrit of tip Mtn of'outii ienh: Your Committee of the Whole to whom was referred BILL NO. 27-87 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 ENTITLED ZONING, ARTICLE 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE ADDITION OF NEW DIVISION 13 ENTITLED ACCESSORY USES. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, as amended, by substitution of a new bill, and adding a new paragraph g) on page 4. Ann B. Puzzello Chairman FREE PRESS PUBLISHING CO.