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HomeMy WebLinkAboutAmending Chapter 21 Regarding exceptions in "C" Commercial Districts ORDINANCE No. 7745-87 Passed by the Common Council of the City of South Bend, Indiana_ May 11, 1987 Attest: 4`�"` City Clerk IRENE K. GAMMON fT Attest: .1 --L! —.gr President of Common Council I I / Presented by me to the Mayor of the City of South Bend, Indiana _ May 12, Ig 87 d City Clerk IRENE K. GAMMON Approved and signed by me -May /Z Ig S7 r /„ '� 1. Mayor SUBSTITUTE BILL BILL NO. 21-87 ORDINANCE NO. 77V5'.--k7 AN ORDINANCE AMENDING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND REGARDING EXCEPTIONS IN "C" COMMERCIAL DISTRICTS. STATEMENT OF PURPOSE AND INTENT : The Common Council of the City of South Bend , Indiana, believes that it is in the best interest of the community to promote efficient land use and economic development by permitting limited multi-family and residential uses to exist as exceptions in "C" Commercial Districts. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS : SECTION I. Chapter 21 of the South Bend Municipal Code shall be amended to add a new Section 21-117 .05, which shall read in its entirety as follows : 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 representative, 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 fire codes. b. Using a portion of the building for dwelling units pursuant to Subsection a will not impose Residence District standards or restrictions upon the remainder of the "C" Commercial District. SECTION II. This Ordinance shall be in full force and effect after its passage by the Common Council , approval by the Mayor and legal publication. I ; 4 ,% -� CITY of SOUTH it END • �^ w ��{\® ROGER O. PARENT, Mayor r�H ' `% ® DEPARTMENT OF ECONOMIC DEVELOPMENT • t'� 0//'A.. 1200 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 219/284-9371 ■Iltk 1065 4. JON R. HUNT EXECUTIVE DIRECTOR ANN KOLATA March 17, 1987 DEPUTY EXECUTIVE DIRECTOR South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Dear Council Members: For some time our department has been aware of a problem that currently exists with many older commercial buildings. These buildings typically have a business on the first floor and apartments above. This type of building use is common on many of our commercial strips and in our neighborhoods and frequently is grandfathered in the zoning ordinance. However, if the apartments are not occupied for more than one year the residential use is no longer permitted as there is no current zoning category that allows for a commercial/residential combined use in a single building. The enclosed ordinance amends Chapter 21 of the Municipal Code and establishes procedures for approving an exception in a "C" Commercial District to allow for residential use in a commercial building. Residential use would be allowed in a building zoned "C" if it met all of the requirements listed in the ordinance and the exception was approved by the Board of Zoning Appeals. We feel this amendment to the zoning ordinance will be beneficial for the re-use and revitalization of existing buildings. I respectfully request your approval of this Ordinance and will be willing to discuss this with you if you have any questions. Sincerely, Ann E . Kolata Deupty Executive Director AEK:pen 3/s REDEVELOPMENT COMMUNITY DEVELOPMENT HOUSING REHABILITATION HUMAN RIGHTS FISCAL & PROGRAM ANN KOLATA & BUSINESS ASSISTANCE KATHRYN BAUMGARTNER MARY E. ALLEN MANAGEMENT 284-9371 DONALD INKS 284-9475 284-9355 ELIZABETH LEONARD 284-9335 284-9335 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 April 22, 1987 . The Honorable Common Council City of South Bend County-City Bldg. 4th Floor South Bend, In 46601 RE: A proposed ordinance initiated by Councilman John Voorde amending Chapter 21 of the South Bend Municipal Code, entitled Zoning, regarding exceptions in "C" Commercial Districts, City of South Bend - APC #1087-87 Gentlemen: The above referenced ordinance initiated by Councilman John Voorde was legally advertised April 10 and April 11, 1987. The Area Plan Commission gave it a public hearing on April 21, 1987, at which time the following action was taken: Upon a motion by Joseph Serge, being seconded by William Limerick and unanimously carried, the proposed ordinance initiated by Councilman John Voorde amending Chapter, 21 of the South Bend Municipal Code, entitled Zoning, regarding exceptions in "C" Commercial Districts, City of South Bend 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. Si cerely, Gary . Stair Assis ant Director GMS:sr Attachment Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland &•St. Joseph County, IN STAFF REPORT COMMON COUNCIL INITIATED #1087-87 April 7, 1987 City of South Bend REQUESTED ACTION: This ordinance will amend Chapter 21 , Section 117 of the Municipal Code which pertains to permitted exceptions in "C" Commercial Districts. This amendment will establish procedures to allow limited multi-family and residential uses to be a permitted exception in buildings located in a Commercial District on floors other than the first floor. V k • Qiammtttrt arport Xo the Gunman Tonnril of the Q1it*J a*until fiend: Your Committee of the Whole to whom was referred BILL NO. 21-87 A BILL AMENDING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND REGARDING EXCEPTIONS IN "C" COMMERCIAL DISTRICTS. 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. Ann B. Puzzello Chairman FREE PRESS PUBLISHING CO.