HomeMy WebLinkAbout9422-03 Amend Chapter 21, Article 2, Use District Regulations, of South Bend Municipal Code to add a new zoning district to be known as th "CB" Community Business DistrictORDINANCE No. sa~~o=
Passed by the Common Council of the Ciry of South Bend, Indiana
May 27, 20 03
Attest:
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
May 28,
03
20
City Clerk
President of Common Corrncil
Ciry Clerk
Approved and signed by me May 28' 20 ~_
v
Mayor
ORDINANCE NO. ~ ~ Z2 - 43
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 2, USE DISTRICT
REGULATIONS, OF THE SOUTH BEND MUI~TICIPAL CODE TO ADD A NEW ZONING
DISTRICT TO BE KNOWN AS THE "CB" COMMUNITY BUSINESS DISTRICT
STATEMENT OF PURPOSE AND INTENT
The purpose of this ordinance is to amend Chapter 21 of the South Bend
Municipal Code to add a new commercial zoning district.
The Common Council of the City of South Bend recognizes its duty to enact zoning
ordinances to promote the general health, welfare and safety of residents of the City of South
Bend.
The Common Council further recognizes the need to upgrade the commercial zoning
districts in order to provide for a better quality of commercial development, especially for the
anticipated development on the south side of the City.
Now, Therefore, be it ordained by the Common Council of the City of South Bend,
Indiana, as follows:
Section I. Chapter 21, Article 2, Use District Regulations, be amended by adding the
following new Sec. 21-19.5:
Section 21-19.5 "CB" Community Business District
Intent -The "CB" -Community Business District is established to provide a location for high
volume and high intensity commercial uses. Activities in this district are often large space users
which may include limited amounts of outdoor sales or outdoor operations. Developments
within the "CB" District shall be coordinated to facilitate vehicular and pedestrian access from
nearby residential districts.
(a) Permitted Uses.
(1) Primary Uses.
(A) Automotive Uses: Including but not limited to: Automobile Repair -
major; Automobile Repair -minor; Automobile Parts Sales (new);
Automobile Quick Oil Change Facility; Car Wash (automatic or selfj;
Gasoline Service Station with minor repair (not to exceed two (2)
accessory indoor service bays); Gasoline Service Station without repair;
Muffler Shop; Painting and Customizing; Tire and Auto Service Center.
(B) Clothing Service: Including but not limited to: Costume Rental;
Dressmaking; Dry Cleaning and Laundry Establishment; Millinery
(Fabric) Shop; Self-service Laundry; Shoe Repair Shop; Tailor and
Pressing Shop; Tuxedo Rental.
(C) Educational Uses: Including but not limited to: School -Commercial,
Trade or Business.
(D) Food Sales and Service: Including but not limited to: Bakery -Retail;
Bar * (without entertainment or dancing); Cabaret - Class A * ;
Cabaret -Class C; Convenience Store; Dairy Bar -Retail; Delicatessen;
Farmers Market; Grocery; Ice Cream Store -Retail; Nightclub *; Meat
Market; Restaurant -Drive In; Restaurant -Drive Through; Restaurant
-Family; Restaurant -Family with Lounge; Restaurant -Fast-food;
Tavern * (without entertainment or dancing); Yogurt Store -Retail.
(E) Governmental Use: Including but not limited to: Fire Station;
Governmental Offices; Municipal /State Road Maintenance Facility;
Police Station; Post Office -with or without outdoor parking of delivery
vehicles.
(F) Miscellaneous: Including but not limited to: Agriculture Seed Sales;
Artificial Lake; Bed & Breakfast; Bus Station; Clinic -medical, dental
or optometrists; Electrical /Electronics Repair; Hospital; Hotel; Kennel
(without outdoor runs); Print Shop; Publishing; Sign Painting; Radio /
Television Stations (without transmission towers); Rehabilitation Center;
Sanitarium; Veterinary Hospital (may include boarding /without outdoor
runs).
(G) Office /Professional Services: Including but not limited to: Architect;
Artist; Bank Machines (ATM's) -Walk-up; Bank Machines (ATM's) -
Drive Through; Bank Machines (ATM's) -Free Standing; Consultant;
Contractors; Dentist; Design Services; Engineer; Financial Institution;
Insurance Agent; Lawyer; Musician; Physician; Pharmacist;
Photographic Studio; Professional Offices; Real Estate ;Office; Travel
Agency.
(H) Personal Service: Including but not limited to: Barber Shop; Beauty
Shop; Health Spa or Fitness Center; Locksmith; Tanning Salon.
(I) Public Facilities: Including but not limited to: Community Center;
Crematory; Funeral Home; Mortuary; Neighborhood Recycling
Collection Point; Parking Garage; Parking Lot -Commercial; Religious
Use.
(J) Recreation: Any indoor recreation facility including but not limited to:
Aerobics Studio; Amusement Arcade *; Bait Sales; Banquet Hall;
Billiard Hall *; Bowling Alley; Dance Studio; Miniature Golf -indoor;
Public Dance Hall *; Skating Rink (ice or roller) -indoor; Social Hall;
Tennis /Racquet Club -indoor; Theater -indoor.
(K) Retail: Including but not limited to: Antique Shop; Apparel Shop;
Appliance Store; Art Gallery; Arts and Craft Store; Bicycle Sales and
Service; Camera Store; Card Shop; Clock Shop; Coin and Stamp Shop;
Computer Store; Department Store; Drug Store; Fabric Store; Floor
Coverings; Flower Shop; Frame Shop; Furniture Store; Garden Supply;
Gift Shop; Hardware Store; Hobby, Toy or Game Shop; Home
Improvement Store; Jewelry Store; Liquor Store; Lumber Yard; Music
Store; Newsdealer; Paint Store; Pawnshop *; Pet Store; Radio, TV,
Music Sales and Service; Retail Showroom; Satellite Dish Sales and
Service (indoor display); Shoe Store; Sporting Goods; Stationery and
Book Store; Tobacco Store; Variety Store; Video Store; Wall
Coverings.
* =Controlled Use. See Section 21-18 (b) - (g) for additional requirements
regarding Controlled Uses .
(2) Special Exception Uses.
(A) Automotive Uses: Including but not limited to: Automobile Sales &
Service.
(B) Miscellaneous: Including but not limited to: Casinos, Approved Hotels
and other areas where gambling games are conducted *; Kennels (with
outdoor runs); Motel; Off-Track Pari-mutuel Wagering Facility *; Radio
/ Television Stations (with transmission towers).
(C) Personal Service: Including but not limited to: Tattoo, Body Piercing,
Scarifying and Branding Establishments *.
(D) Public Facilities: Including but not limited to: Cemetery -with or
without Crematory, Funeral Home, Mausoleum or Mortuary; Public or
Private Park -Active or Passive; Recycling Facility.
(E) Recreation: Any outdoor recreation facility including but not limited to:
Country Club; Fairgrounds; Golf Course; Golf Driving Range;
Miniature Golf- outdoor; Skate Board Park; Skating Rink (ice or roller)
-outdoor; Tennis /Racquet Club -outdoor; Theater -outdoor;
Swimming Pool -private or public.
(F) Residential: Including but not limited to: Convalescent Home; Nursing
Home; Rest Home.
(G) Retail: Including but not limited to: Gun Shop and Gunsmith Shop *;
Satellite Dish Sales and Service (outdoor display).
(H) Utilities: Including but not limited to: Electricity Relay Station; Public
Utility Substation; Pumping Stations; Water Towers.
* =Controlled Use. See Section 21-18 (b) - (g) for additional requirements
regarding Controlled Uses .
(3) Accessory Uses -See Section 21-36.50 - 21-36.53 -Accessory Buildings and
Uses.
(4) Temporary Uses.
(A) Permitted Temporary Uses, Buildings and Structures.
By way of example only, permitted temporary uses, buildings and
structures include: construction trailers, sales offices, and temporary
seasonal retail sales.
(B) Duration.
Except as specifically provided otherwise in this Section, a temporary use,
building or structure shall be permitted for a period not to exceed one (1)
year. Except as specifically provided otherwise in this Section, the
improvement location permit, if required, may be renewed one (1) or more
times by the Zoning Administrator, for good cause shown, for an
additional period(s) not to exceed a total of one (1) year beyond the
original expiration date.
(C) Compliance with Development Standards.
Any temporary use, building or structure shall comply with all applicable
development standards and setback requirements in the district in which
the temporary use, building or structure is located. Temporary
construction trailers, freestanding sales offices, and other temporary uses
which shall not be converted into a permanent primary or accessory use,
shall be exempt from the requirement to provide a hard surfaced parking
area.
(D) Cessation of Use.
All buildings, structures or debris associated with the temporary use shall
be removed from the site immediately upon completion or cessation of the
temporary use or expiration of the time period set forth above.
(E) Additional Regulations for Temporary Seasonal Retail Sales Uses.
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Any temporary seasonal retail sales use, structure or building shall also
comply with the following regulations:
i. The use or structure shall comply with all setback requirements
applicable to off-street parking spaces on the site;
ii. A minimum of three (3) off-street parking spaces shall be provided
on-site for the temporary seasonal retail sales use;
iii. The location of the temporary seasonal retail sales use and its
required amount of parking spaces shall not interfere with any
required pazking spaces or safe and efficient flow of vehicular and
pedestrian traffic around the pazking area for the permanent
primary use of the site;
iv. Signs for the temporary seasonal retail sales shall comply with the
provisions of Section 21-19.5 (b) (11) (K) -Signs regazding
temporary signs; and
v. Not withstanding the provisions above to the contrary, seasonal
retail sales uses shall not exceed forty-five (45) consecutive days
per occurrence nor a total ofone-hundred and twenty (120) days
during any calendaz year.
(b) Development Standards.
(1) Minimum Lot Width and Frontage -each lot or integrated center shall have a
minimum lot width and frontage on a public street of 50 feet.
(2) Minimum Yards and Building Setbacks
(A) Front - a minimum front yard and minimum building setback measured
from the greater of the proposed right-of--way or existing right-of--way
shall be provided as follows:
Limited Access Highway: 50'
All Other Streets: 30'
(B) Minimum Side Yard and Setback - shall be provided from the lot line as
follows:
Minimum Side Yard -ten (10) feet
ii. Minimum Side Residential Bufferyard -twenty (20) feet
(C) Minimum Rear Yard and Setback - shall be provided from the lot line as
follows:
i. Minimum Rear Yazd -ten (10) feet
ii. Minimum Rear Residential Bufferyazd -twenty (20) feet
(D) Minimum Yards for Out Lots:
i. Out Lots Along AStreet -Out lots within an integrated center
shall provide a minimum yard of five (5) feet along all lot lines in
common with other out lots or ten (10) feet along all lot lines in
common with the main portion of the integrated center.
ii. Perimeter Out Lots - If any portion of an out lot abuts the
perimeter of the integrated center, that portion of the out lot shall
be required to comply with the applicable minimum front, side or
rear yard requirements set forth above.
iii. Interior Out Lots -Out lots which are located on the interior of an
integrated center (i.e., out lots which are not located along,
oriented toward or primarily visible from a perimeter street) shall
not be required to provide any minimum yard.
iv. Integrated Center -The main portion of the integrated center shall
not be required to provide a minimum yard along the lot line in
common with any out lot.
(3) Use of Minimum Yards and Residential Bufferyards
Use of Minimum Yards and Residential Bufferyards - all minimum yards and
residential bufferyards shall be landscaped in compliance with the requirements
for perimeter yard landscaping as set forth in Section 21-19.5 (b) (9) -Landscape
Regulations, and shall remain free from structures except where expressly
permitted below:
(A) Minimum Front Yards -
i. along limited access highways -may include: parking areas,
loading areas, interior access drives, interior access driveways, or
gasoline pump islands and canopies, provided that no portion of
such area maybe located closer to the right-of--way than fifteen
(15) feet; or, signs as regulated by Section 21-19.5 (b) (11) -
Si ns, and shall be otherwise maintained as open space free from
buildings or structures;
ii. along all other streets -may include: parking areas, or gasoline
sales areas, provided that no portion of such areas may be located
closer to the right-of--way than fifteen (15) feet; driveways; or,
signs as regulated by Section 21-19.5 (bl (11) -Signs, and shall
otherwise be maintained as open space free from buildings or
structures;
(B) Minimum Front Residential Bufferyards -may include: driveways; or,
signs as regulated by Section 21-19.5 (b) (11) -Signs, and shall otherwise
be maintained as open space free from buildings or structures;
(C) Minimum Side and Rear Yards -minimum side yards and minimum rear
yards may include:
parking areas or interior access drives, provided that no portion of
such areas maybe located closer to the lot line than five (5) feet;
or,
ii. interior access driveways, walkways, or pedestrian ways
connecting to adjoining lots or developments,
provided that the remainder of said yards shall be maintained as open
space free from buildings or structures;
(D) Minimum Side and Rear Residential Bufferyards -shall be maintained as
open space free from buildings or structures.
(4) Maximum Height -All buildings or structures (including transmission towers)
fifty (50) feet.
(5) Parking and Loading -See Article 5. Off-Street Parking and Loading Facilities
(Sections 21-86 throu 2gh 1-105).
(6) Greenway Connection Required - If the project abuts any portion of a greenway,
a direct linkage from the project to such greenway shall be provided.
(7) Outdoor Operations -All uses and operations (except off-street parking, off-street
loading and delivery, walk-up customer service windows and drive-through
customer service windows) shall be conducted completely within enclosed
buildings, except where expressly permitted below:
(A) Outdoor seating for restaurants:
shall not be located between a building line and a residential
bufferyard;
ii. shall not be located in any required yard or any street right-of--way;
iii. shall be located adjacent to the business' tenant bay or storefront;
iv. shall be included in the calculation of required foundation
landscaping area and any applicable building foundation
landscaping area and associated foundation landscaping shall be
extended or relocated around the perimeter of the outdoor seating
area;
v. shall not exceed 10% of the gross floor area of the restaurant;
vi. shall not block an entrance or exit to or from the business or
building; and,
vii. shall be located so as to not interfere or conflict with sidewalks,
walkways, pedestrian ways, required parking areas, required
loading areas, driveways, interior access drives, interior access
driveways, perimeter landscape yards or foundation landscaping.
(B) Vending machines:
i. shall abut the exterior wall of the building ;and,
ii. shall not be located in a required yard or required residential
bufferyard.
(C) Outdoor Display or Sales of Merchandise:
i. shall be accessory to the primary use;
ii. shall not exceed the lesser of: 10% of the gross floor area; or,
20,000 square feet, for each non-related and separately operated
use;
iii. shall not be located in a required yard or required residential
bufferyard;
iv. shall not be located between the established front building line and
the front lot line, provided however, automobile sales uses may
display vehicles at any location on the lot authorized for the
location ofoff-street parking areas; and,
v. shall be located so as to not interfere or conflict with sidewalks,
walkways, pedestrian ways, entrances or exits to or from the
business or building, required parking areas, required loading
areas, driveways, interior access drives, interior access driveways,
perimeter landscape yards or foundation landscaping.
(D) Gasoline Pumps -provided that no outdoor operations other than the
dispensing or installation of gasoline, oil, antifreeze and other similar
products and the performance of minor services for customers as related to
said dispensing or installation are conducted on the site.
(E) Walk-up or drive through customer service windows or Automated Teller
Machines (ATM's), provided that such facilities shall be located so as to
not interfere or conflict with sidewalks, pedestrian ways, entrances or exits
to or from the business or building, parking areas, loading areas,
driveways, interior access drives, interior access driveways, perimeter
landscape yards or foundation plantings.
(8) Architecture - In order to create variation and interest in the built environment, all
new buildings or building additions shall comply with one of the following sets of
architectural regulations regarding building material and architectural features on
each facade visible from a public street:
(A) All brick (excluding window, display window, door, roofing, fascia and
soffit materials), provided that the brick used on each applicable facade
shall include:
i. at least two (2) architectural elements (e.g., quoins, pilasters,
soldier courses, lintels, friezes, cornices, dentils, architraves, etc.);
or,
ii. at least two (2) colors of brick, with the secondary color
constituting a minimum often (10) percent of the facade
(excluding windows, display windows, doors, roofing, fascia or
soffit materials); or,
(B) Two (2) or more building materials (excluding window, display window,
door and roofing materials), provided:
i. Primary Building Material: The primary building material shall be
either: brick; stone (limestone, granite, fieldstone, etc.);
architectural pre-cast concrete, if the surface looks like brick or
stone; or, exterior insulation and finish system (E.I.F.S.) or
equivalent, and shall constitute a minimum of fifty (50) percent of
each applicable facade.
ii. Secondary Building Material: The secondary building material
shall constitute a minimum often (10) percent of the facade. Glass
curtain wall or a faux window (not intended for use as a window or
display window) may qualify as a secondary building material.
iii. Architectural Features: In addition, the exterior building material
selection shall be supplemented with the use of multiple colors,
textures (e.g., rough, smooth, striated, etc.) or architectural
elements (e.g., quoins, pilasters, soldier courses, lintels, friezes,
cornices, dentils, architraves, etc.) on each facade visible from a
public street.
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(9) Landscaping.
Notwithstanding anything in this Ordinance to the contrary, the following
landscaping regulations shall constitute all applicable zoning regulations
regarding landscaping in the "CB" District.
(A) Location ofLandscaping -Required landscaping areas shall consist of
four (4) locations on a site: (i) landscaping of required perimeter yards or
residential bufferyazds; (ii) foundation landscaping; (iii) interior parking
azea landscaping; and, (iv) pazking area screening.
(B) Types of Landscape Screening -Three (3) types of landscape screening
are provided for in this Section: (i) Type A: Open; (ii) Type B: Partial
Screening; and, (iii) Type C: Full Screening. These three (3) types of
landscape screening are intended to provide a progression of screening
options suitable to a variety of landscaping and buffering.
(C) Live Vegetation -All trees and shrubs required by this Section shall be
living vegetation.
(D) Ground Cover -Ground cover within landscape areas may consist of
grasses; preserved existing natural vegetation (i.e., thickets); or, mulch,
chipped bark or other natural forms of ground cover. Loose stone, rock or
gravel may be used as a landscaping accent, but shall not exceed twenty
(20) percent of the area of the required landscape area in which it is used.
(E) Landscaping of Required Perimeter Yards and Residential Bufferyazds.
i. Front Yard, Side Yard and Rear Yards and Yards Along a Limited
Access Highway.
The following Type A: Open landscaping requirements apply to
any portion of a front yard, side yard or rear yazd or yard along a
limited access highway, and which is not occupied by
improvements permitted in the Section 21-19.5 (b) (3) -Use of
Minimum Yards and Residential Bufferyazds, above:
a. Deciduous Shade Trees:
A minimum of one (1) shade tree planted for every forty
(40) feet of the applicable lot line. Such trees maybe
evenly spaced at forty (40) feet on center or grouped
together, provided however, in no case shall spacing
between trees exceed eighty (80) feet; or,
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b. Deciduous Ornamental Trees:
A minimum of one (1) ornamental tree planted for every
twenty-five (25) feet of the applicable lot line. Such trees
maybe evenly spaced at twenty-five (25) feet on center or
grouped together, provided however, in no case shall
spacing between trees exceed fifty (50) feet.
ii. Landscaping of Required Residential Bufferyards.
Landscaping required in any portion of a front residential
bufferyard, side residential bufferyard or rear residential bufferyard
and which is not occupied by improvements permitted in Section
21-19.5 (b) (3) - Use of Minimum Yards and Residential
Bufferyards, shall consist of Type B: Partial Screening and shall
contain a minimum of two (2) evergreen trees for every twenty-
five (25) feet of the length of a lot line which abuts a residential
district. Such trees shall be evenly spaced.
iii. Landscaping of Outdoor Display Areas.
In any instance where an outdoor display area is located on a lot
between a building and a front residential bufferyard, side
residential bufferyard or rear residential bufferyard, said front
residential bufferyard, side residential bufferyard or rear residential
bufferyard landscaping shall be increased to a Type C: Full
Screening landscaping which shall contain a minimum of four (4)
evergreen trees for every thirty (30) feet of the length of a lot line
which abuts a residential district. Such trees shall be evenly
spaced.
iv. Utility Easement Landscaping.
In those instances where overhead utilities are located within
required yards or required residential bufferyards, plant material
selections shall be limited to small growing trees which typically
do not exceed twenty-five (25) feet in height at maturity.
Appropriate utility easement plant materials include: ornamental
trees, such as the redbud, dogwood and crabapple; or, evergreen
trees (narrow spread), such as the emerald green arborvitae. See
Section 21-19.5 (b) (9) (L) iii., c. through f.- Alternate Landscape
Plan Approval for additional limitations on plant substitutions.
(F) Foundation Landscaping.
Foundation landscaping shall be provided for all new buildings and
building additions in compliance with the following requirements.
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i. Foundation landscaping shall be applicable to the front elevation of
anew building or building addition which is over thirty-five (35)
feet in width.
ii. When required, foundation landscaping shall be provided at a rate
of:
a. one (1) shade tree for every fifty (50) feet of width of the
front elevation;
b. one (1) ornamental tree or one (1) evergreen tree for every
thirty-five (35) feet of width of the front elevation; or,
ten (10) hedge plants or shrubs for every fifty (50) feet of
width of the front elevation.
iii. Foundation landscaping areas shall maintain a minimum
dimension of six (6) feet in the smallest dimension, with a
minimum of thirty-six (36) square feet of foundation landscaping
area provided for each tree and for every two hedge plants or
shrubs.
iv. Relationship to Buildings -Foundation landscaping areas shall be
located: (i) adjacent to the building; or, (ii) so as to begin within
fifteen (15) feet of the building (i.e., to allow for a walkway or
similar improvements adjacent to the building).
(G) Interior Off-Street Parking Area Landscaping.
All new surface, off-street parking areas containing thirty (30) parking
spaces or more and all expanded surface off-street parking areas which are
increased by thirty (30) parking spaces or more, whether such increase
occurs at one (1) time or in successive stages, shall be subject to the
following regulations:
i. All such off-street parking areas shall include at least one interior
landscape island for every fifteen (15) parking spaces (or fraction
thereof), or five-thousand (5,000) square feet of parking area,
whichever yields the greater number.
ii. Each interior landscape island shall measure a minimum of eight
feet by eighteen feet (8' X 18').
iii. Each interior landscape island shall contain a minimum of one (1)
deciduous shade tree, one (1) deciduous ornamental tree or one (1)
evergreen tree.
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iv. Interior landscape islands shall be located at the end of parking
bays so as to define vehicular and pedestrian traffic patterns.
v. All trees shall comply with the size at time of planting as indicated
in Table 21-19.5 - A: Minimum Size at Time of Planting.
vi. Area devoted to interior landscape islands shall be in addition to
any required perimeter yard landscaping, foundation landscaping
or parking area screening required by this Section.
vii. Off-street parking areas shall include areas used for the parking or
display or automobiles, boats, truck or farm equipment associated
with a dealership or leasing business.
viii. Off-street parking areas shall not include areas used for semi-truck
loading areas, semi-truck maneuvering areas and semi-truck
parking areas.
(H) Off-Street Parking Area Screening.
The regulations of this sub-Section shall apply to all new surface, off-
street parking areas and expanded surface off-street parking areas for any
commercial use.
In addition to perimeter yard landscaping, foundation landscaping and
interior parking area landscaping, if anoff-street parking area is located:
between a front building line and a front lot line; between a side building
line and any required side residential bufferyard; or, between a rear
building line and any required rear residential bufferyard, the edge of the
parking area facing such front lot line, side residential bufferyard or rear
residential bufferyard shall be screened by a compact row of shrubs/hedge
plants planted three feet on-center (3' o.c.) across the front of the parking
area and a minimum of twenty-four inches (24") in height at the time of
planting and located between such front lot line, side residential
bufferyard or rear residential bufferyard and the edge of the parking area.
(I) Minimum Plant Material Sizes at Time of Planting.
All plant materials specified by this Section shall comply with the
minimum sizes at time of planting as specified in Table 21-19.5 - A:
Minimum Size at Time of Planti~.
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TABLE 21-19.5 - A: MINIMUM SIZE AT TIME OF PLANTING
Plant Cate~ory Minimum Size
Deciduous Shade Tree (a.k.a. Overstory Tree) 2 %z inch caliper at 6" above the ground
Deciduous Ornamental Tree (a.k.a. Understory Tree) 1 %2 inch caliper at 6" above the ground
Evergreen Tree 6' high
Evergreen Tree (Narrow Spread)* 4' high
Hedge Plants / Shrubs 24" high
* -Evergreen Tree (Narrow Spread), such as arborvitae, may only be used as an alternate plant
material subject to the provisions of Section 21-19.5 (b) (9) (L) iii., c. through f. -Alternate
Landscape Plan Approval.
(J) Installation of Landscaping.
All landscaping required by this Section shall be installed prior to
commencement of the use on the real estate or the issuance of a Certificate
of Occupancy. If seasons and weather conditions are not appropriate for
the installation of landscaping immediately prior to commencement of the
. use or the issuance of a Certificate of Occupancy, the Zoning
Administrator may extend the deadline for the installation of landscaping
required by this Section to not later than three (3) months after the start of
the next planting season after the use of the lot is commenced. The start of
planting seasons shall be March 15 and August 15 of each year.
(K) Maintenance of Landscaping.
The owner shall be responsible for the replacement of any required
planting, which is removed or dies after the date of planting. Such
replacement shall occur within three (3) months after the start of the next
planting season.
Failure to maintain required landscape areas shall constitute a violation of
this Ordinance enforceable under the provisions of Section 21-2 -
Enforcement of Chapter.
(L) Alternate Landscape Plan Approval.
The Zoning Administrator, upon request by an applicant, shall have the
authority to approve an alternate landscape plan prepared in accordance
with the following requirements:
i. Redistribution of Plant Materials -The Zoning Administrator may
approve a redistribution of plant materials required for perimeter
yard landscaping to other locations on the lot, or, a redistribution
of plant materials required for a foundation landscaping area to
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other locations on the lot. The Zoning Administrator shall not
have the authority to modify the landscape requirements of this
Section pertaining to required residential bufferyazds.
ii. Credit for Preservation of Existing Trees and Vegetation - In order
to encourage the preservation of existing trees and vegetation, the
Zoning Administrator may approve a Preservation Landscape Plan
which utilizes the designation of one or more Tree Save Areas in
lieu of new plantings within a required yazd, a required residential
bufferyard, a required foundation landscaping area or an interior
parking area island. Such Preservation Landscape Plan shall:
a. demonstrate that sufficient trees or vegetation shall be
preserved to equal or exceed the level of screening required
by the basic provisions of this Section;
b. provide that all trees which are to be preserved shall be
maintained without injury and with sufficient area for the
root system to sustain the tree(s);
c. provide that protective care and physical restraint barriers
at the drip Iine, such as temporary protective fencing, shall
be utilized around the Tree Save Area to prevent alteration,
compaction or increased depth of soil in the root system
area prior to and during groundwork and construction; and,
d. provide that, in the event trees designated for saving in the
Tree Save Area are damaged or die within three (3) yeazs
of completion of construction on the site, replacement trees
shall be planted in the designated Tree Save Area sufficient
to provide landscaping which is, at a minimum, equivalent
to the minimum requirements of this Section for new
plantings.
iii. Alternatives for Front Yard, Side Yard, Rear Yadds and Yards
Along a Limited Access Highway - In order to provide flexibility
and creativity in landscape designs, the Zoning Administrator may
approve the following plant substitutions in a required front yazd,
side yard, rear yard or yazd along a limited access highway:
a. Hedge plants or shrubs maybe substituted for a maximum
of twenty-five (25) percent of the required number of shade
trees (rounded down to the nearest whole number) at a rate
often (10) hedge plants or shrubs for each shade tree so
replaced.
16
b. Hedge plants or shrubs maybe substituted for a maximum
of twenty-five (25) percent of the required number of
ornamental trees (rounded down to the nearest whole
number) at a rate of six (6) hedge plants or shrubs for each
ornamental tree so replaced.
c. Evergreen trees maybe substituted for ornamental trees at a
rate of one (1) evergreen tree for each ornamental tree so
replaced.
d. Evergreen trees maybe substituted for shade trees at a rate
of three (3) evergreen trees for every two (2) shade tree so
replaced.
e. Ornamental trees and shade trees maybe substituted with
each other at a rate of three (3) ornamental trees for every
two (2) shade trees.
f. Evergreen trees (narrow spread) maybe substituted for
evergreen trees at a rate of three (3) evergreen trees (narrow
spread) for each evergreen tree.
iv. Residential Bufferyazd Landscaping Alternatives - In order to
provide flexibility and creativity in landscape designs, the Zoning
Administrator may approve the following plant substitutions in a
residential bufferyazd:
a. Hedge plants or shrubs maybe substituted for a maximum
often (10) percent of the required number of evergreen
trees (rounded down to the neaeest whole number) at a rate
often (10) hedge plants or shrubs for each evergreen tree
so replaced.
b. Ornamental trees maybe substituted for a maximum often
(10) percent of the required number of evergreen trees
(rounded down to the neaeest whole number) at a rate of
one (1) ornamental tree for each evergreen tree so replaced.
c. Shade trees maybe substituted for a maximum often (10)
percent of the required number of evergreen trees (rounded
down to the nearest whole number) at a rate of one (1)
shade tree for each evergreen tree so replaced.
d. Evergreen trees (narrow spread) maybe substituted for a
maximum often (10) percent of the required number of
evergreen trees (rounded down to the neaeest whole
number) at a rate of four (4) evergreen trees (narrow
spread) for each evergreen tree.
17
e. In no case shall the total combined percentage of hedge
plants or shrubs, shade trees, ornamental trees, or evergreen
trees (narrow spread) which aze substituted for evergreen
trees exceed twenty-five (25) percent.
v. Foundation Landscape Alternatives - In order to provide flexibility
and creativity in landscape designs, the Zoning Administrator may
approve a foundation landscape plan which includes any
combination of shade trees, ornamental trees, evergreen trees, or
hedge plants /shrubs, provided that the total amount of plant
materials along the building remains proportional to the base
requirements of Section 21-19.5 (b) (9) (F) (ii), above.
vi. Parking Area Screening Alternatives - In order to provide
flexibility and creativity in landscape designs, the Zoning
Administrator may approve a parking azea screening plan which
includes hedge plants or shrubs in combination with: an
ornamental or decorative fence; a masonry wall; or, an earthen
berm, provided that:
a. Between a front building line and a front lot line:
the ornamental or decorative fence or masonry wall
is not less than twenty-four inches (24") in height
nor more than thirty-six inches (36") in height, with
an open space percentage equal to or less than
seventy (70) percent; or,
2. the earthen berm is not less than twenty-four inches
(24") in height nor more than thirty-six inches (36")
in height; or,
b. Between a side building line and any required side
residential bufferyazd or between a reaz building line and
any required rear residential bufferyazd:
the ornamental or decorative fence or masonry wall
is not less than three (3) feet in height nor more
than:
A. six (6) feet in height if the open space of the
fence is less than twenty (20) percent; or,
B. ten (10) feet in if the open space of the fence
is twenty (20) percent or greater; or,
18
2. the earthen berm has a minimum height of not less
than four (4) feet and a maximum height not to
exceed ten (10) feet; and,
c. the total number ofshrubs/hedge plants shall not be
reduced by more than fifty (50) percent of the number of
shrubs/hedge plants required in sub-Section 21-19.5 (b
(H) -Off-Street Parking Area Screening, above.
vii. Fence, Wall or Berm Alternatives - In order to provide flexibility
and creativity in landscape designs, the Zoning Administrator may
approve a fence, wall or berm installed in compliance with the
following regulations as a substitute for up to fifty (50) percent of
the number of shade trees, ornamental trees or evergreen trees
required to be installed in a perimeter yard or residential
bufferyard.
a. Fence or Wall in a Front Yard or Front Residential
Bufferyard.
An ornamental, decorative fence or masonry wall maybe
used in conjunction with the landscaping required in a front
yard, front residential bufferyard or in a residential district
for a special exception use, provided such fence or wall
used in a front yard shall:
1. maintain a minimum height of three (3) feet with a
maximum open space of twenty (20) percent;
2. not exceed three (3) feet in height if the open space
of the fence is less than twenty (20) percent; or,
3. not exceed four (4) feet in height if the open space
of the fence is less than fifty (50) percent but greater
than twenty (20) percent.
b. Fence or Wall in a Side Yard, Rear Yard, Side Residential
Bufferyard or Rear Residential Bufferyard.
An ornamental, decorative fence or masonry wall maybe
used in conjunction with the landscaping in a required side
yard, rear yard, side residential bufferyard or rear
residential bufferyard, provided such fence or wall shall:
1. maintain a minimum height of six (6) feet with a
maximum open space of twenty (20) percent;
19
2. not exceed six (6) feet in height if the open space of
the fence is less than twenty (20) percent; or,
3. not exceed ten (10) feet in height in any
Commercial /Mixed Use District or Industrial
District if the open space of the fence is less than
fifty (50) percent but greater than twenty (20)
percent or greater.
c. Berm Regulations.
1. Berm in a Front Yard or Front Residential
Bufferyard.
An undulating earthen berm, may be used in
conjunction with the landscaping required in a front
yard or front residential bufferyard, provided such
berm shall have a minimum height of not less than
two (2) feet and have a maximum height not to
exceed four (4) feet.
2. Berm in a Side Yard, Rear Yard, Side Residential
Bufferyard or Rear Residential Bufferyard.
An undulating earthen berm, maybe used in
conjunction with the landscaping in a required side
yard, rear yard, side residential bufferyard or rear
residential bufferyard, provided such berm shall
have a minimum height of not less than four (4) feet
and a maximum height not to exceed ten (10) feet.
3. Construction of Berm.
A berm utilized as a landscaping element shall be
constructed in accordance with the following
regulations:
A. Each berm shall have a minimum crown
width of two (2) feet;
B. Each berm shall have a side slope of not
greater than three feet horizontal to one foot
vertical (3:1);
C. Each berm shall be planted and covered with
live vegetation; and,
20
D. A retaining wall may be used on the side of
the berm facing away from the public
right-of--way or away from the side lot line
or rear lot line.
4. General Regulations for a Fence, Wall or Berm.
A fence, wall or berm maybe used as an element of
a landscape plan subject to the following
regulations.
A. Location of Fence, Wall or Berm.
A fence, wall or berm shall be located in
such a manner as to not interfere with any
regulations of Section 21-19.5 (b) (12) (G)
- Cleaz Sight Area, below.
B. Design of Fence, Wall or Berm.
A fence, wall or berm shall be designed to
not interfere with any walkway or
pedestrian bikeway system serving the site.
viii. Interior Landscape Island Design Alternatives -The Zoning
Administrator may approve a design in which the azea devoted to
individual interior landscape islands maybe aggregated into one or
more larger landscape islands. When aggregated into one or more
lazger landscape islands, such lazger landscape islands shall, at a
minimum, include the number of trees and area of landscaping as
required for individual interior landscape islands, and shall
function to: preserve existing trees; create boulevazd treatments;
create landscape features; create common open space azeas for
passive recreational activities; or, define vehiculaz and pedestrian
traffic patterns.
21
(10) Lighting.
Notwithstanding anything in this Ordinance to the contrary, the following lighting
regulations shall constitute all applicable zoning regulations regarding lighting in
the "CB" District.
All outdoor light fixtures on a lot in the "CB" District shall comply with the
following regulations:
(A) Minimum Setback -Notwithstanding anything in this Ordinance to the
contrary for the "Use of Minimum Yards" or "Use of Minimum Yards and
Residential Bufferyards", a freestanding outdoor light fixture maybe
located within a required front yard, side yard, rear yard, front residential
bufferyard, side residential bufferyard or rear residential bufferyard,
provided that the freestanding outdoor light fixtwe is located adjacent to
the interior edge of such yard or residential bufferyard and adjacent to a
permitted driveway, parking area, interior access drive, interior access
driveway, or other outdoor use area requiring illumination.
(B) Lighting Standards -Outdoor light fixtures shall comply with the
standards set forth in Table 21-19.5 - B: Lighting Standards.
TABLE 21-19.5 - B: LIGHTING STANDARDS
Type of
Fixture Maximum Combined
Hei ht of Pole and Base Maximum
Watta e
Non Cutoff~~~ 20' 100
Semi Cutoff 30' 400
Cutoff 35' 400
Full Cutoff 40' 1,000
~t~ Non-cutoff outdoor light fixtures shall be limited to locations along walkways, driveways,
interior access drives, interior access driveways and outdoor seating areas.
(C) Mounting ofFixtures -Full cutoff, cutoff and semi-cutoffoutdoor light
fixtures shall be mounted parallel to the ground and shall utilize a rigid
mounting arm with no built-in uptilt and no adjustment feature.
(D) Height ofFixtures -All outdoor light fixtures used to illuminate a
particular area on a lot (i.e., a parking area; a loading area; or, an entry
way, sidewalk or walkway area) shall, within those areas, be of a uniform
size, design and height.
(E) Power Supply -Outdoor light fixtures located on light poles shall be
provided power by underground wiring.
22
> 80~
> so
80
80~
80~
80~
> eo
eo'
80~
23
Unrestricted distribution
of Ilght at any angle
(F) Wall Pack Lights -Wall pack outdoor light fixtures shall be subject to the
following regulations:
i. Wall pack outdoor light fixtures located on a front or side
elevations of a building or structure shall be full cutoff.
ii. Wall pack outdoor light fixtures located on any fagade visible from
U.S. Highway 20, U.S. Highway 31, Ireland Road, Miami Street,
Michigan Street or Ironwood Road shall be full cutoff.
iii. Wall pack outdoor light fixtures oriented toward a residential
bufferyard and an abutting residential district shall be full cutoff.
iv. Low intensity (i.e., 100 watts or less), architectural style wall pack
outdoor light fixtures (which maybe cutoff, semi cutoff or non
cutoff) maybe used to accent architectural elements of the building
or structure or to illuminate entrance areas.
(G) Vehicular Canopy Light Fixtures -Outdoor light fixtures located under a
vehicular canopy of drive through structures (e.g., gasoline service station
canopies, bank drive through canopies, etc.) shall be full cutoff fixtures
with a maximum intensity of four hundred (400) watts.
(H) Awning and Canopy Lighting -Awnings and canopies used for building
accents over doors, windows, walkways, and the like, shall not be
internally illuminated (i.e., not lit from underneath or behind), unless the
awning or canopy is made of an opaque material which does not permit
any light to be transmitted through the material, except for lettering or
logos which make up a permitted awning or canopy sign.
(I) Glare on Public Right-of--Way -Flag and statue lights, architectural lights,
floodlights, or sign lighting shall be so directed and shielded that the light
element is not visible from any point along an adjacent public
right-of--way.
(J) Floodlights -Outdoor light fixtures equipped with floodlights maybe
permitted on a lot subject to the following regulations:
Floodlights shall be focussed on the primary building or the area of
the lot located between the floodlight and the primary building; or,
ii. Floodlights shall be shielded to the extent that the main beam from
the luminaire is not visible from or causes any glare onto adjacent
properties or rights-of--way.
24
(K) Lighting Plans -The following information, at a minimum, shall be
provided for all lighting plans submitted in connection with an application
for an improvement location permit:
i. A site plan which includes the outline of buildings, structures and
other improvements (e.g., parking areas, loading areas, interior
access drives, etc.) on the lot and the location of all outdoor light
fixtures.
ii. A description of the outdoor light fixtures, including but not
limited to manufacturers or electric utility catalog specifications
sheets, drawings or photometric report, which indicate:
a. the outdoor light fixture classification (e.g., cutoff, semi-
cutoff, full cutoff, ornon-cutoff);
b. mounting height of freestanding outdoor light fixtures;
and,
c. wattage proposed for each outdoor light fixture.
(11) Signs.
Notwithstanding anything in this Ordinance to the contrary, the following sign
regulations shall constitute all applicable zoning regulations regarding signs in the
"CB"District.
(A) Single Use Sites -Freestanding Identification Suns.
Type of Signs.
Freestanding identification signs shall be limited to: monument
signs; or, pole signs.
ii. Number of Signs.
a. Five-Hundred (500) Feet or Less -One (1) freestanding
identification sign shall be permitted for each street or
limited access highway which abuts a lot for five-hundred
(500) feet or less, provided that:
1. the minimum separation between freestanding
identification signs on the lot, regardless of the
orientation of the freestanding identification signs,
shall be one-hundred (100) feet; and,
25
2. a maximum of one (1) freestanding identification
sign is oriented toward each street or limited access
highway.
b. More Than Five-Hundred (500) Feet - When a lot abuts the
same street or limited access highway for more than five-
hundred (500) feet, one (1) additional freestanding
identification sign shall be permitted on that street or
limited access highway, provided that:
1. the minimum sepazation between freestanding
identification signs along the same street or limited
access highway shall bethree-hundred (300) feet;
2. the additional freestanding identification sign is
oriented to the street or limited access highway
which abuts the lot for more than five-hundred
(500) feet;
3. the minimum separation between freestanding
identification signs on the lot, regardless of the
orientation of the freestanding identification signs,
shall be one-hundred (100) feet; and,
4. the total sign surface area of all freestanding
identif cation signs does not exceed the maximum
sign surface azea permitted below.
iii. Maximum Sign Surface Area of Freestanding Signs.
a. Maximum sign surface azea shall apply individually to each
street or limited access highway.
b. The maximum sign surface azea shall not exceed:
1. sixty-four (64) square feet for single use sites which
abut a street or limited access highway for less than
three hundred (300) feet;
2. one-hundred (100) squaze feet for single use sites
which abut. a street or limited access highway for
between three hundred (300) and five hundred (500)
feet;
26
3. one-hundred and fifty (150) square feet, which may
be all in one (1) freestanding sign or divided
between two (2) freestanding signs, for single use
sites which abut a street or limited access highway
for between five-hundred (500) and one thousand
(1,000) feet; or,
4. two-hundred (200) square feet, which maybe all in
one (1) freestanding sign or divided between two
(2) freestanding signs, for single use sites which
abut a street or limited access highway for over one
thousand (> 1,000) feet of street frontage, provided
that the maximum sign surface area for any
individual freestanding sign shall not exceed one-
hundred and fifty (150) square feet.
iv. Minimum Front, Side and Rear Setback for Freestanding
Identification Signs.
a. .Front Setback -The minimum front yard or front
residential bufferyard setback for any freestanding
identification sign shall be five (5) feet from proposed
right-of--way.
b. Side or Rear Setback -The minimum side yard, rear yard,
side residential bufferyard or rear residential bufferyard
setback for a freestanding identification sign shall be the
same as required for any building or structure.
v. Maximum Height of Freestanding Identification Signs.
a. Monument Sign -The maximum height of a freestanding
monument identification sign shall not exceed eight (8) feet
in height above grade.
b. Pole Sign -The maximum height of a freestanding pole
identification sign shall not exceed twenty-five (25) feet in
height above grade.
(B} Integrated Centers - Freestandin~yIdentification Sians.
i. Type of Signs.
Freestanding identification signs shall be limited to: monument
signs; or, pole signs.
27
ii. Number of Signs.
a. Five-Hundred (500) Feet or Less -One (1) freestanding
identification sign for each street or limited access highway
which abuts an integrated center for five-hundred (500) feet
or less, provided that:
1. the minimum separation between freestanding
identification signs in the integrated center,
regardless of the orientation of the freestanding
identification signs, shall be one hundred (100) feet;
and,
2. a maximum of one (1) freestanding identification
sign is oriented toward each street or limited access
highway.
b. More Than Five-Hundred (500) Feet - When an integrated
center abuts the same street or limited access highway for
more than five-hundred (500) feet, one (1) additional
freestanding identification sign shall be permitted on that
street or limited access highway, provided that:
1. the minimum separation between freestanding
identification signs along the same street or limited
access highway is three hundred (300) feet;
2. the additional freestanding identification sign is
oriented to the street or limited access highway
which abuts the integrated center for more than
five-hundred (500) feet;
3. the minimum separation between freestanding
identification signs in the integrated center,
regardless of the orientation of the freestanding
identification signs, shall be one hundred (100) feet;
and,
4. the total sign surface area of all freestanding
identification signs does not exceed the maximum
sign surface area permitted below.
c. Any freestanding identification sign for an integrated center
shall include the name of the integrated center and such
sign shall allocate a minimum often (10) percent of the
sign surface area to the name of the integrated center.
28
iii. Maximum Sign Surface Area of Freestanding Signs for an
Integrated Center.
a. Maximum sign surface area shall apply individually to each
street or limited access highway which abuts the integrated
center.
b. The maximum sign surface area shall not exceed:
1. sixty-four (64) square feet for integrated centers
which abut a street or limited access highway for
less than three-hundred (300) feet;
2. one-hundred and forty (140) square feet for
integrated centers which abut a street or limited
access highway for between three-hundred (300)
and five-hundred (500) feet;
3. two-hundred (200) square feet, which maybe all in
one (1) freestanding sign or divided between two
(2) freestanding signs, for integrated centers which
abut a street or limited access highway for between
five-hundred (500) and one-thousand (1000) feet or,
4. four-hundred (400) squaze feet, which maybe all in
one (1) freestanding sign or divided between two
(2) freestanding signs, for integrated centers which
abut a street or limited access highway for over one-
thousand (1000) feet, provided that the maximum
sign surface azea for any individual freestanding
sign shall not exceed three-hundred (300) squaze
feet.
iv. Minimum Front, Side and Rear Setback for Freestanding
Identification Signs.
a. Front Setback -The minimum front yard or front
residential bufferyazd shall be five (5) feet from proposed
right-of--way.
b. Side and Reaz Setback -The minimum side yard, reaz yard,
side residential bufferyazd or rear residential bufferyazd
setback for a freestanding identification sign shall be the
same as required for any building or structure.
29
v. Maximum Height of Freestanding Identification Signs.
a. Monument Sign -The maximum height of a freestanding
monument identification sign shall not exceed twenty (20)
feet in height above grade.
b. Pole Sign -The maximum height of a freestanding pole
identification sign shall not exceed forty (40) feet in height
above grade.
(C) Out Lots in an Integrated Center -Freestanding Identification Suns.
i. Number of Freestanding Identification Signs for Out Lots.
In addition to the freestanding identification signs permitted above
for an integrated center, individual out lots within an integrated
center may qualify for an individual monument sign as set forth
below:
a. If business identification wall signs are located on zero (0),
one (1) or two (2) facades of the building located on the out
lot, one (1) monument identification sign maybe located on
the out lot; or,
b. If business identification wall signs are located on three (3)
or more facades of the building located on the out lot, zero
(0) monument identification signs maybe located on the
out lot.
c. If an out lot abuts more than one (1) street or limited access
highway, one (1) additional monument identification sign
shall be permitted for each street or limited access highway
which abuts the out lot. If an out lot qualifies for an
additional monument identification sign, the minimum
separation between the additional monument identification
sign and any other permitted freestanding identification
sign, regardless of orientation of the signs, shall be one
hundred (100) feet.
ii. Maximum Sign Surface Area of Freestanding Monument
Identification Signs on Out Lots.
The maximum sign surface area of freestanding monument
identification signs on out lots shall be forty-eight (48} square feet.
iii. Minimum Front, Side and Rear Yard Setback for Freestanding
Monument Identification Signs on Out Lots.
30
a. Front Setback -The minimum front yard or front
residential bufferyard setback for any freestanding
monument identification sign on an out lot shall be five (5)
feet from proposed right-of--way.
b. Side or Rear Yard -The minimum side yard, rear yard,
side residential bufferyard or rear residential bufferyard
setback for a freestanding identification sign shall be the
same as required for any building or structure.
iv. Maximum Height of Freestanding Monument Identification Signs
on Out Lots.
The maximum height of a freestanding monument identification
sign shall not exceed six (6) feet in height above grade.
(D) Building Identification Signs.
i. Type of Signs.
Building identification signs shall be limited to wall signs.
ii. Number of Building Identification Signs.
There shall be no limit to the number of wall building
identification signs per facade, provided that the total sign surface
area of all wall signs located on each building facade shall not
exceed the maximum sign surface area for the building facade
upon which such signs are located.
iii. Maximum Sign Surface Area of Building Identification Signs.
The total sign surface area of all building identification signs
oriented to an individual facade shall not exceed:
a. Front Facade -ten (10) percent of the total area of the front
facade of the structure or tenant space;
b. Side and Rear Facades -five (5) percent of the side or rear
facade of the structure or tenant space; and,
c. The linear measurement of a business identification wall
sign shall not exceed eighty (80) percent of the linear width
of the facade of the structure or tenant space on which the
sign is located.
31
Provided, that for any building facade oriented toward a street or
limited access highway, the maximum sign surface area often (10)
percent shall apply.
iv. Awning, Canopy or Marquee Signs.
Wherever a wall sign is permitted, the use of an awning, canopy or
marquee sign shall be allowed subject to the following provisions:
a. Total Area -The total area of the awning, canopy or
marquee (i.e., the combined two dimensional surface azea
of all sides of the awning, canopy or marquee) shall not
exceed the sign surface area allocated to the facade of the
building upon which the awning, canopy or marquee is
attached.
b. Sign Surface -The portion of the awning, canopy or
marquee which includes a sign surface shall not exceed:
1. fifty (50) percent of the total area of an awning or
canopy; or,
2, seventy-five (75) percent of the total area of a
marquee.
c. Clearance to Grade -The bottom edge of the:
1. awning or canopy shall:
A. not be less than eight (8) feet above grade
over a walkway for any portion of a rigid
framing; and,
B. not less than seven (7) feet above grade over
a walkway for any portion of a flexible
cloth, canvas or similaz skirt which maybe
suspended below the rigid framing a
maximum of one (1) foot;
2. mazquee shall not be less than nine (9) feet above
grade over a walkway; or,
3. awning, canopy or mazquee shall not be less than
fifteen (15) feet above grade over a driveway,
interior access drive or alley
32
d. Projection from Building -The maximum projection of an
awning, canopy or marquee shall not extend more than
eight (8) feet from or beyond its supporting building and
shall not project beyond any walkway adjacent to the
building.
e. Marquee Sign - A marquee sign may include anon-
changeable copy sign attached to or mounted on top of a
marquee, subject to the sign surface area limitations set
forth above.
f. Encroachment Over Public Right-of--Way - No awning,
canopy or marquee shall encroach into the air rights of any
public street right-of--way.
(E) Incidental Signs.
Type of Signs.
Incidental signs shall be ground or wall signs.
ii. Number of Signs.
a. If a lot or integrated center has one (1) driveway, two (2)
incidental directional signs shall be permitted at the
driveway entrance or exit;
b. If a lot or integrated center has more than one (1) driveway,
one (1) incidental directional sign shall be permitted for
each driveway;
c. One (1) incidental directional sign or one (1) incidental
parking and loading sign shall be permitted at each critical
turning point along an interior access drive when required
to safely direct vehicular traffic (e.g., to direct vehicular
traffic to: a drive through facility; a customer or employee
parking area; or, a delivery or loading area); and,
d. If a lot is occupied by a use which includes a drive through
facility, one (1) menu board shall be permitted adjacent to
the drive through facility as an incidental directional sign to
announce the selection of services or products available at
the drive through facility and the prices thereof.
iii. Maximum Sign Surface Area of Incidental Signs.
a. Incidental signs shall not exceed six (6) square feet in sign
surface area per sign.
33
b. Notwithstanding anything contained in this Section to the
contrary, a menu board permitted as an incidental
directional sign adjacent to the drive through facility shall
not exceed forty-eight (48) square feet in sign surface area.
iv. Minimum Front, Side and Rear Yard Setback for Freestanding,
Incidental Signs.
a. Front Yard Setback or Front Residential Bufferyard
Setback -three (3) feet from proposed right-of--way.
b. Side and Rear Yard Setback or Side and Rear Residential
Bufferyard Setback -the same as required for any building
or structure.
v. Maximum Height of Incidental Signs.
a. The maximum height of a freestanding incidental ground
sign shall not exceed four (4) feet in height above grade.
b. Notwithstanding anything contained in this section to the
contrary, the maximum height of a menu board permitted
as a freestanding incidental directional ground sign
adjacent to a drive through facility shall not exceed seven
(7) feet in height above grade.
(F) Suspended Signs in Integrated Centers.
Suspended signs shall be permitted on any building containing two or
more individual, non-related and separately operated uses subject to the
following regulations:
i. There shall be no more than one (1) suspended sign per grade-level
tenant.
ii. The maximum sign surface area of a suspended sign shall not
exceed five (5) square feet.
iii. All portions of the suspended sign or sign structure shall be not
less than eight (8) feet above finished grade.
(G) Outdoor Display Area Signs.
Outdoor display areas shall be permitted additional signs as specified
below:
i. Outdoor display area signs shall be limited to banner signs:
34
a. which are mounted on light poles located on the lot and
within or adjacent to the outdoor display area; and,
b. which are mounted to the light poles with upper and lower
horizontal supports;
ii. Individual outdoor display area banner signs shall not exceed the
maximum dimensions specified below, either:
a. three feet in width by eight feet in height (3 ft. X 8 ft.); or,
b. three and one-half feet in width by five and one-half feet in
height (3 %2 ft. X 5 %i ft.).
iii. All individual outdoor display area banner signs placed on a lot
shall be of the same dimensions, shall be oriented on the side of the
light poles facing toward the outdoor display area, and shall be
placed at the same relative location on all light poles;
iv. No light pole shall contain more than one banner sign;
v. The total surface area of all outdoor display area banner signs shall
not exceed a ratio of three (3) square feet per one-thousand (1,000)
square feet of outdoor display area; and,
vi. Outdoor display area banner signs may announce the name of the
business, operation, manufacturer, product or items on display.
(H) Changeable Copy Sighs.
Changeable copy signs shall be permitted as part of an otherwise
permitted sign, provided that:
i. If a single use site, a maximum of one (1) changeable copy sign
shall be permitted which may be part of either a freestanding sign
or a wall sign;
ii. If an integrated center, either one (1) changeable copy sign shall be
permitted as part of a freestanding sign, or each individual use
within an integrated center shall be permitted one (1) changeable
copy sign as part of a wall sign;
iii. A changeable copy sign maybe used as part of either a
freestanding sign or as part of a wall sign, but not both; and,
iv. The changeable copy sign shall not exceed forty (40) percent of the
sign surface area of the permitted sign, provided, however, an
35
Electronic Variable Message Sign (EVMS) shall not exceed twenty
(20) percent of the sign surface area of the permitted sign.
(I) Gasoline Service Station Sims.
Signs maybe located on a gasoline island canopy, spandrels, pump islands
or dispensers and shall be considered as and regulated as building wall
signs subject to the following exceptions:
i. Such signs located on a gasoline island canopy, gasoline island
spandrels, gasoline pump islands or gasoline dispensers shall not
exceed:
a. ten (10) percent of the surface area of the facade of the
canopy; or,
b. fifty (50) percent of the facade of the gasoline dispensers,
spandrel or pump island upon which such sign is located.
ii. Such signs maybe located on either a gasoline island spandrel or a
gasoline pump island, but not both.
--~
B
Gasoline Service Station -Canopy, Spandrel, Pump Island and Dispenser Signs
(J) Window Signs.
Window Signs shall not exceed the lesser of:
twenty-five (25) percent of the area of the window, provided, in
the case ofmulti-pain windows the surface area of the window
shall be the combined surface area the individual panes, or in the
case of a glass curtain wall the surface area of the window shall be
the combined surface area of the individual glass panels; or,
36
ii. twelve (12) square feet in sign surface area.
(K) Temporary Signs.
In addition to the type, number, sign surface area, setback and height
regulations for signs specified, above, temporary signs shall be allowed
subject to the following regulations:
i. Number- One (1) additional freestanding sign shall be permitted
for each street or limited access highway which abuts the lot or
integrated center.
ii. Time -Temporary signs maybe erected for one of the following
time periods:
a. Special Events -Temporary signs maybe erected, placed
or located in connection with a special event sign not more
than thirty (30) days prior to the start of a special event and
shall be removed not more than fifteen (15) days after the
end of a special event. A special event related sign shall
not be erected, placed or located more than two (2) times
during a calendar year; or,
b. Non-Special Event -Temporary signs not in connection
with a special event maybe erected, placed or located not
more than two (2) times during a calendar year and shall
not exceed forty-five (45) days in duration.
iii. Manner -Temporary signs:
a. shall not exceed eight (8) feet in height;
b. shall not exceed thirty-two (32) square feet in sign surface
area;
c. shall comply with the regulations of Section 21-19.5 (b)
(12) (G) -Clear Sight Area;
d. shall not be located within any public right-of--way;
e. shall not be illuminated;
f. if a freestanding sign, shall be located in compliance with
all setback regulations for a permanent sign; and,
g. if a wall sign, shall be located in compliance with the
regulations for a permanent wall sign.
37
iv. Special Time and Manner Regulations.
Notwithstanding anything above to the contrary, temporary signs,
which are A-frame, T-frame, menu board or sandwich board signs
shall be subject to the following time and manner regulations:
a. Time -maybe erected, placed or located outside of a
business establishment on a daily basis;
b. Time -shall only be displayed during business hours;
c. Manner -shall be within ten (10) feet of the main customer
entrance to the business establishment and shall not be
located in any public right-of--way;
d. Manner -shall not exceed six (6) square feet in sign
surface area; and,
e. Manner -shall not exceed a maximum height of four (4)
feet above grade.
(L) Outdoor Advertising Signs.
Outdoor advertising signs shall be permitted in the "CB"District subject
to compliance with the provisions of Section 21-170 (6) (d) of this
Ordinance.
38
(12) Site Design.
Notwithstanding anything in this Ordinance to the contrary, the following site
design regulations shall constitute all applicable zoning regulations regarding
those aspects of site design which are specified herein for in the "CB" District.
(A) All roof or ground mounted mechanical equipment shall be screened, in
the elevation view, from all public streets or limited access highways.
(B) Loading spaces shall not be located between any portion of an established
front building line and any public street right-of--way (excluding limited
access highways).
(C) Direct, articulated pedestrian access shall be provided from the street to
the main entrance of any building.
(D) Drive-through facilities shall:
i. be designed as a related, integrated architectural element and part
of the overall design of the building;
ii. be designed so as to not conflict with the safe and efficient flow of
traffic into and out of required parking spaces or loading spaces;
iii. have abail-out capability for all vehicles which have entered the
drive-through lane;
iv. provide a minimum of five (5) waiting spaces prior to the first
occurrence of any ordering, pick-up or service facility; and,
v. provide sufficient room for at least one (1) waiting space after
exiting the last pick-up or service facility.
(E) Trash Containers -Trash containers exceeding thirty-six (36) cubic feet
shall:
i. be screened on at least three (3) sides by a building wall or a solid-
walled enclosure, not less than six (6) feet in height nor more than
ten (10) feet in height above grade, equipped with an opaque
screen gate, and any solid-walled portion of the enclosure shall be
provided with foundation landscaping;
ii. not be located between the front facade of the primary building and
the front lot line; and,
39
iii. not be located in any minimum front yard, minimum side yard,
minimum rear yard, minimum front residential bufferyard,
minimum side residential bufferyard or minimum rear residential
bufferyard.
r . _.. _ ~ . ~ ..~..._
~.W~~.v . __ -
Foundation Plantings Opaque Screen Gate
(F) Fences (including chain link, solid, architectural screen, lattice-work or
masonry):
i. shall not exceed six (6) feet in height above grade in a required
front yard or if located in the buildable area of a lot located
between the front facade of the primary building and the required
front yard;
ii. Shall not exceed ten (10) feet in height above grade in a required
side yard or a required rear yard;
iii. Shall not include any barbed, electric, razor or other similar type of
security wire when located in a minimum front yard or between the
front facade of the primary building and the required front yard;
and,
iv. shall comply with Section 21-19.5 (b) (121 (G) - Clear Si t Area.
(G) Clear Sight Area -All buildings, structures or improvements (including
trash enclosures, signs, fences and landscaping) shall comply with the
following clear sight area requirements between the heights of three (3)
feet and ten (10) feet above the crown of the street:
i. At the intersection of streets, Clear Sight Area are formed at each
corner by the street right-of--way lines and a line connecting points
on the right-of--way lines located twenty-five (25) feet away from
the intersection of such street right-of--way lines. In the case of a
round or corner-cut right-of--way, the measurement shall be taken
from the intersection of the right-of--way lines extended; or,
40
Solid Walled Trash Enclosure with
Solid Walled Trash Enclosure with
ii. At the intersection of a street with a driveway or alley, Clear Sight
Area shall be formed by the intersection of the street right-of--way
line and the driveway surface edge or the right-of--way of the alley
and a line connecting points ten (10) feet from the intersection of
such street right-of--way line and the driveway surface edge or alley
right-of--way.
CLEAR
SIGHT
AREA ~ '
. ~ _
. ~ .
CLEAR CLEAR a CLEAR
w ~ SIGHT SIGHT ~ ~ ~ SIGHT
~ AREA AREA ~ AREA
N 5 ~ C
x-25'-~ CURB 10' H10' CURB
STREET
(c)
(d)
STREET
Submission Requirements.
All applications to the City of South Bend for either an improvement location permit or
building permit shall include a site plan, landscape plan, lighting plan, sign plan and
building elevations. All such plans shall be fully dimensioned and contain all necessary
information and calculations, either in plan form or tabular form, which are reasonably
required to determine compliance with the regulations of this Ordinance.
Definitions.
The language of this Section 21-19.5 shall be interpreted in accordance with the
following regulations:
The word "person" includes a firm, association, organization, partnership, trust,
limited liability company, corporation, or other legal entity, as well as an
individual;
The present tense includes the future tense, the singular number includes the
plural, and the plural number includes the singular, in each case, if the context so
requires;
The word "shall" is mandatory, the word "may" is permissive;
The words "used" or "occupied" include the words "intended", "designed",
"constructed", "altered", or "arranged" to be used or occupied;
The word "lot" includes the words "plot", "tract", or "parcel"; and
Where a regulation involves two or more items, conditions, provisions or events
connected by the conjunction "and", "or", or "either ... or", the conjunction shall
be interpreted as follows:
41
"And" indicates that all the connected items, conditions, provisions or events shall
apply.
"Or" indicates that the connected items, conditions, provisions or events may
apply singly or in any combination.
"Either ... or" indicates that all the connected items, conditions, provisions or
events shall apply singly but not in combination.
The following terms as used in this Section 21-19.5 shall be defined as forth below. All
other terms shall have the meaning set forth in Section 21-1 -Definitions of this
Ordinance.
(1) ~ Bufferyard: See Residential Bufferyard.
(2) Cutoff: A luminaire where light distribution does not exceed: (a) 2.5 percent
above an angle of 90 degrees; and, (b) 10 percent at an angle between 80 degrees
and 90 degrees.
(3) Cutoff, Full: A luminaire equipped with a light fixture (i.e., lamp, lens, reflective
surface, etc.) that does not protrude below the bottom edge of the light fixture and
is designed so that: (a) no light is emitted above an angle of 90 degrees; and, (b)
light distribution does not exceed 10 percent at an angle between 80 degrees and
90 degrees.
(4) Cutoff, Non: A luminaire where light distribution is unrestricted.
(5) Cutoff, Semi: A luminaire where light distribution does not exceed: (a) 5.0
percent above an angle of 90 degrees; and, (b) 20 percent at an angle between 80
degrees and 90 degrees.
(6) Drive, Interior Access: Away for internal vehicular movement in and around an
individual lot or integrated center.
(7) Drive-Through Facility: A feature of an establishment which typically includes
an opening in the exterior of the building, or the use of pneumatic dispatch or
similar devices, which encourage or permit customers to receive goods or services
while remaining in or on a motor vehicle.
(8) Driveway, Interior Access: A way for vehicular egress/ingress between the
minimum required setback lines of separate lots or between lots within the
boundaries of an integrated center.
(9) Foundation Landscaping: Landscaping installed along or in relation to the
perimeter foundation of a building or structure.
42
(10) Foundation Landscaping Area: The area along or in proximity to the perimeter
foundation of a building or structure which is required to be set aside for the
installation of foundation landscaping.
(11) Front Facade: The front exterior wall(s) of a building exposed to the public view
or front wall(s) viewed by persons not with the building.
(12) Gasoline Sales Areas: That portion of a gasoline service station or convenience
store with gasoline sales which includes: pump islands; pump island canopies;
parking areas adjacent to the pump islands; and, that portion of an interior access
drive necessary to provide access to and egress from the pump islands.
(13) Gasoline Service Station: Any building, land area or other premises or portion
thereof, used or intended to be used for the retail dispensing or sales of vehicular
fuels, which may include as an accessory use: minor automotive repairs; the sale
and installation of lubricants, tires, or batteries; car washes; and, similar uses.
Such establishments shall provide a facility where gasoline and other motor fuels
are stored and subsequently dispensed by means of fixed, approved dispensing
equipment by customers or employees.
(14) Integrated Center: An area of development (commercial, industrial, or any
combination of commercial /mixed use, industrial and residential uses) of one or
more lots or out lots, comprised of:
(A) two or more individual, non-related and separately operated uses in one
building sharing common site facilities;
(B) one or more buildings containing non-related and separately operated uses
occupying a common site, which utilizes one or a combination of common
site facilities, such as driveways, parking areas, loading areas, interior
access drives, maintenance and similar common services; or,
(C) one or more buildings containing non-related and separately operated uses
occupying individual sites, which are interrelated by the utilization of one
or a combination of common facilities, such as driveways, internal public
street or private street network developed in accordance with an approved
master plan or preliminary plan of a subdivision, parking areas, loading
areas, maintenance or other services.
(15) Limited Access Highway: A street along which access is restricted due to the
acquisition of access rights from adjoining properties by the appropriate
governmental agency having jurisdiction over such street.
(16) Loading Area: Any area maintained and intended for the maneuvering and
temporary parking of vehicles while transferring goods or materials to and from a
facility. Loading area includes the loading space and maneuvering area required
to enter the loading space.
43
(17) Loading, Off-Street: A loading area located completely on a lot and accessed via
interior access drives, interior access driveways, access drives, or driveways in
which no individual loading spaces gain direct access to a public street or private
street.
(18) Loading Space: Ahard-surfaced, off-street area used for the temporary parking
of a commercial vehicle while transferring goods or materials to and from a
facility.
(19) Lot: Apiece, parcel, plot ar tract of land designated by its owner or developer to
be used, developed or built upon as a unit under single ownership or control and
may consist of:
(A) a single Lot of Record; or,
(B) a combination of complete Lots of Record.
For purpose of this definition, the ownership of a Lot is further defined to include:
(C) the person(s) who holds either fee simple title to the property or is a life
tenant as disclosed in the records of the township assessor; or,
(D) along-term lessee (but only if the lease is recorded among the records of
the St. Joseph County Recorder and has a term (exclusive ofnon-exercised
extensions and renewals) of at least twenty-five (25) years remaining
before its expiration at the time of applying for a permit).
Provided, however, for the purposes of the Subdivision Control Ordinance, the
term Lot shall mean that portion of a Subdivision which is proposed to be
recorded in the office of the St. Joseph County Recorder as a Lot of Record.
(20) Lot Line: The line of separation of a lot from any abutting street or adjoining lot.
(21) Out Lot: That portion of land in a integrated center, industrial park or other
planned development which does not contain the central or primary building of
the development and is: (a) usually located adjacent to a street or frontage street;
and, (b) is intended for the development of a smaller, additional and separate
building or buildings. In an integrated center or industrial park where there is no
clearly identifiable central or primary building of the development, or where
individual lots are developed independently of each other, each lot shall be
considered an out lot.
Provided, however, for the purposes of the Subdivision Control Ordinance, the
term out lot shall mean anon-buildable portion of a Subdivision.
(22) Outdoor Display Area: That part of lot used for the display of merchandise or
goods available for purchase or lease from the business located on that lot.
44
(23) Outdoor Light Fixture: Any outdoor electrically powered illuminating devices,
outdoor light or reflective or refractive surfaces, lamps and similaz devices
including all parts used to distribute the light or protect the lamp, permanently
installed or portable, used for flood lighting, general illumination or location
identification.
(24) Parking Area: Any azea other than an open exhibition or display azea (not
inclusive of interior access drives, driveways, interior access driveways and
access drives) intended for the temporary storage of automotive vehicles
including pazking spaces and the area allocated to the egress/ingress of
automotive vehicles to and from the actual pazking space.
(25) Parking Space: That portion of the parking azea used only for the temporary
placement of an operable motor vehicle.
(26) Residential Bufferyard: A front yard, side yazd or reaz yazd of anon-residential
land use on a lot which faces or abuts a residential district or residential land use
designation within a planned unit development. A residential bufferyazd may
include landscape plantings, fences, walls or berms required to provide screening
or buffering for adjacent residential properties. A residential bufferyazd shall not
apply to any front yazd abutting a limited access highway.
(27) Right-of--Way: Specific and particulazly described land, property, or interest
therein devoted to and subject to the lawful use, typically as a thoroughfare for
passage of pedestrians, vehicles, or utilities, as set forth in a written grant,
declazation or conveyance that is recorded in the Office of the Recorder of St.
Joseph County, Indiana.
(28) Right-of--Way, Existing: The total right-of--way width of a street as created or
expanded by the most recent grant, declazation or conveyance that is recorded in
the Office of the Recorder of St. Joseph County, Indiana.
(29) Right-of--Way, Public: Specific and particularly described strip of land, property,
or interest therein dedicated to and accepted by the municipality, County or State
to be devoted to and subject to use by the general public for general transportation
purposes or conveyance of utilities whether or not in actual fact improved or
actually used for such purposes, as set forth in a written grant, declaration or
conveyance that is recorded in the Office of the Recorder of St. Joseph County,
Indiana.
(30) Right-of--Way, Private: Specific and particulazly described strip of privately-held
land devoted to and subject to use for general transportation purposes or
conveyance of utilities whether or not in actual fact improved or actually used for
such purposes, as set forth in a written grant, declazation or conveyance that is
recorded in the Office of the Recorder of St. Joseph County, Indiana.
45
(31) Right-of--Way, Proposed: The recommended right-of--way width for a street based
upon that street's classification in the officially adopted City of South Bend
Thoroughfare Plan.
(32) Setback: That distance measured perpendicularly from the lot line to the closest
point of the building, structure, sign structure, parking azea or any other
permanent improvement.
(33) Sign: Any structure, fixture, placard, announcement, declaration, device,
demonstration or insignia used to: draw attention; provide direction, information,
identification; or, advertise or promote any business, product, goods, activity,
services or interests.
(34) Sign, A-Frame: A portable sign containing two (2) sign faces and whose framing
is hinged at the apex at an angle less than forty-five (45) degrees.
(35) Sign, Awning: Any sign or graphic printed on or in some fashion attached
directly to the material of an awning.
(36) Sign, Banner: A sign of lightweight fabric or similar material mounted to a pole
or building at two (2) opposite edges or four (4) corners.
(37) Sign, Building: Any sign placed upon or supported by a building, including, by
way of example but are not limited to: wall signs, projecting signs, awning signs,
canopy signs, marquee signs, suspended signs and roof signs.
(38) Sign, Canopy: Any sign or graphic printed on or in some fashion attached
directly to a canopy.
(39) Sign, Changeable Copy: A sign, or portion thereof, where the message copy
includes chazacters, letters or illustrations that can be physically altered without
altering the primary surface of the sign. The message copy of a changeable copy
sign maybe changed manually in the field or through remote electronic or electric
techniques. Methods of changing the message copy include the use of: (a)
changeable letters, numbers, symbols and similar chazacters; (b) changeable
pictorial panels; or, (c) rotating panels or other similaz devices. See also Sign,
Electronic Variable Message.
(40) Sign, Electronic Variable Message (EVMS): A sign, or portion thereof, where the
message copy includes chazacters, letters or illustrations that can be changed or
rearranged electronically without touching or physically altering the primary
surface of the sign. Message copy maybe changed in the field or from a remote
location.
(41) Sign, Freestanding: A sign that is attached to, erected on or supported by some
structure (such as a pole, mast or frame) that is not itself an integral part of or
46
attached to a building or structure where the principal function of such building or
structure is something other than the support of a sign.
(42) Sign, Incidental: A sign relating to the lot or use thereof which provides
information or directions necessary or convenient for visitors coming on the lot,
including but not limited to signs marking entrances and exits, pazking areas,
circulation direction, restrooms and pick-up or delivery areas.
(43) Sign, Marquee: Any sign or graphic printed on or attached directly to a marquee.
(44) Sign, Monument: Any freestanding sign constructed in or on the ground surface
with its sign display surface extending upward from the ground surface.
(45) Sign, On-Premise: A sign which directs attention to a building, business, product,
activity, or service offered on the property on which the sign is located.
(46) Sign, Outdoor Advertising: Anoff-premise sign which directs attention to any
business, profession, product, activity, commodity, or service, that is offered,
sold, or manufactured on property or premises other than that upon which the sign
is located.
(47) Sign, Pennant: A sign of lightweight plastic, fabric, or other similaz material
which is suspended from a rope, wire or string, usually in a series, and which is
designed to move in the wind. [Note: Pennant Signs aze not permitted in the
"CB" District.]
(48) Sign, Pole: Any freestanding sign which has its supportive structure(s) anchored
in the ground and which has the lowest portion of its sign surface elevated by
more than ten (10) feet above the grade.
(49) Sign Structure: Any structure including any pole, base, foundation, support, tie
rods, upright, bracing or framework which supports or is capable of supporting
any sign.
(50) Sign Surface: The surface of the sign upon, against, or through which the
message of the sign is exhibited.
(51) Sign Surface Area: The area of a sign surface (which is also the sign surface area
of a wall sign or other sign with only one sign face). Sign surface area shall be
computed by using the smallest azea contained within one, two or three distinct
squares, rectangles, or combination thereof that will encompass the extreme limits
of the writing, representation, emblem, or other display, together with any
material or color forming an integral part of the background of the display or used
to differentiate the sign from the backdrop or structure against which the sign is
placed, but not including any supporting framework, bracing twenty-four (24)
inches in width or less, or any decorative fence or wall when such fence or wall
otherwise meets the applicable regulations of this Ordinance and is cleazly
incidental to the display itself.
47
(52) Sign, Suspended: Any sign that is suspended from the underside of a horizontal
plane surface and is connected to the horizontal plane surface.
(53) Sign, T-Frame: A portable sign utilizing an inverted "T" style of framing to
support the sign.
(54) Sign, Temporary: Any sign or sign structure which is not permanently affixed or
installed, and is intended to be displayed for limited periods only. Examples of
temporary signs include, but aze not limited to signs erected or placed in
connection with the following activities or occurrences: sale or lease of real
estate; announcement of pending construction; special event; political
campaign; gazage sale; home improvement/ remodeling; model home; and,
seasonal/holiday signs.
(55) Sign, Wall: Any sign attached to or erected on a wall of a building or structure,
with the exposed face of the sign in a plane pazallel to the plane of said wall,
within eighteen (18) inches of said wall, and containing only one sign surface.
(56) Sign, Window: Any sign placed: (a) inside of and within two (2} feet of a
window; or, (b) upon a window, and is intended to be seen from the exterior of
the window.
(57) Single Use Site: An area of development (commercial /mixed use or industrial)
on one lot occupied by one business. Any commercial /mixed use or industrial
development which does not qualify as an integrated center.
(58) Spandrel: A roof-like structure that covers the gasoline pump dispenser, serves as
a second-tier canopy, may be a lighting source for the dispensing area, may
identify the gasoline pumps by numerical or other designation, and may display
signs.
(59) Special Event: Any of the following occurrences: commencement of
construction; fairs, carnivals, circus or festivals; elections; grand openings;
independence day; labor day; listing of properties for sale or lease; memorial
day; posting of notices at the direction of a governmental agency; presidents day;
veterans day; or other occurrence officially recognized by the Boazd of Public
Works as a special event for the City of South Bend.
(60) Street: Any public right-of--way or private right-of--way, with the exception of
alleys, essentially open to the sky and open and dedicated to the general public for
the purposes of vehicular and pedestrian travel affording access to abutting
property, whether referred to as a street, lane, road, drive, expressway, arterial,
thoroughfare, highway, or any other term commonly applied to aright-of--way for
said purposes. A street may be comprised of pavement, shoulders, gutters, curbs,
sidewalks, pazking spaces, and similaz features.
48
(61) Street, Public: A publicly dedicated, accepted and maintained right-of--way, with
the exception of alleys, essentially open to the sky and open to the general public
for the purposes of vehicular and pedestrian travel affording access to abutting
property, whether referred to as a street, lane, road, drive, expressway, arterial,
thoroughfare, highway, or any other term commonly applied to a public right-of-
way for said purposes. A public street maybe comprised of pavement, shoulders,
gutters, curbs, sidewalks, parking spaces, and similar features.
(62) Structure: Anything constructed or erected, the use of which requires location on
the ground, or attachment to something having a fixed location on the ground.
Among other things, structures include buildings, mobile homes, fences, walls,
parking areas, loading areas, towers, antenna and signs.
(63) Yard: An open space, unobstructed to the sky, extending fully across the lot
while situated between the front lot line, side lot line or rear lot line and the
established front building line, side building line or rear building line.
(64) Zoning Administrator: The City of South Bend Zoning Administrator.
Section II. This Ordinance shall be in full force and effe from and after its passage by the Common
Council and approval by the Mayor.
Me ber of the Common ouncil
~3
1st READING ~-1
PUBLIC HEARING S-L~ -03
~3 rd READING s -2~ -D3
NOT APPROVED ~`I_03
REFERRED ~'P' ~~
49
Filed in Cleriz's Cffi~e
LORETTA J. DtlDt~
CITY CLERit, 530. a~ttD, G't.
PASSED S_ Z~ - 03
Area Plan Commission of St. Joseph County
1140 County-City Building
227 West Jefferson Blvd.
South Bend, Indiana 46601
Robert W. Sante
Executive Director
John W. Byorni
Assistant Director
Phone 574 235-9571
April $, 2003
Karen White, President
City of South Bend Common Council
Fourth Floor
County-City Building
227 W. Jefferson Boulevard
South Bend, IN 46601
Fax 574 235-9813
RE: Area Plan Commission Initiated Petition - "CB" Community Business District
Dear Ms. White:
Attached is a proposed ordinance initiated by the Area Plan Commission. The purpose of
this ordinance is to establish a zoning district that can be applied to the proposed
commercial development on the south side of the City as well as in other areas.
Please place this proposed ordinance on the April 14, 2003 Common Council agenda for
first reading.
If you have any questions, please feel free to contact me.
Sincerely,
ohn W. By i
Filed tt7 C12rf;'S ®ffece
~~R 0 ~ 2003
LOAcTT~J. L3UDPe
CfTI'CLE~ff, C-O.O~PdD,1'd.
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
26-03 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 2, USE
DISTRICT REGULATIONS, OF THE SOUTH BEND MUNICIPAL
CODE TO ADD A NEW ZONING DISTRICT TO BE KNOWN AS THE
"CB" COMMUNITY BUSINESS DISTRICT
Respectfully report that they have examined the matter and that in their opinion, this bill is
being recommended to the full Council with a favorable recommendation.
Karl King
Chairman