HomeMy WebLinkAboutChapter 21 Regulating Controlled UsesORDINANCE NO. 7388 -84
Passed by the Common Council of the City of South Bend, Indiana
Attest:
M
IRENE K. GAMMON
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana
October 9. r9 84
of Common Council
r City Clerk
IRENE K. GAMMON
Approved and signed by me 0 1 19�_y
SUBSTITUTE
(Version 3, as amended)
BILL NO.
ORDINANCE NO. r7 3 '? 9- K q
AN ORDINANCE AMENDING CHAPTER 21 OF THE MUNICIPAL CODE
OF THE CITY OF SOUTH BEND REGULATING CONTROLLED USES
STATEMENT OF PURPOSE AND INTENT:
The Common Council of the City of South Bend, Indiana,
believes that it is in the best interest of the Community to promote
land use and economic development by excluding certain establishments
from the controlled use portion of the zoning ordinance.
BE IT THEREFORE ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, THAT THE SOUTH BEND MUNICIPAL CODE BE AMENDED
IN CHAPTER 21 AS FOLLOWS:
SECTION I. A new Section 21 -1 (12.5) be added as
follows:
(12.5) Cabaret means any establishment where persons
congregate or the purpose of eating, d inking,
dancing or singing and where musical or live
entertainment is provided.
SECTION II. Section 21 -1 (13.1) be amended as follows:
(13.1) Class A cabaret means any e-s- t -,ab-1-i i-t-,_ cabaret,
not including a Class B cabaret, or family restaurant,
wh-&- ro- -pe-r -soon, -c-4oq}gr -eg-a t-e- fir- -tom - pRi-rtpo -s-e- -o - -e-&t ingr
-daa'i-n& ter- mod- - ra -o-r- -17i-ve_
which has on the premises an
area from which minors are excluded pursuant to I.C.
7.1- 5 -7 -9, 10 and 11.
SECTION III.
Section 21 -1 (13.2) be amended as follows:
(13.2) Class B cabaret means any cabaret, ot including a
Class A cabaret or family restaurant, which features
topless dancers, go -go dancers, exotic dancers, strippers,
male or female impersonators, or similar entertainment and
which has on the premises an area from which minors are
excluded pursuant to I.C. 7.1- 5 -7 -9, 10 and 11.
SECTION IV. Section 21 -1 (15.1) be amended as follows:
(15.1) Controlled uses means those uses of property which
arch ron non i7Pei ac havina cari nil c nhiortinnahIa
d. Amusement arcade;
e. Class A cabaret;
f. Class B cabaret;
g. Establishment for the sale of beer or intoxicating
liquor for consumption on the premises;, exce t a
family restaurant as defined in Section 21 -1 22.05);
h. Pawnshop;
i. Pool or billiard hall;
j. Public dance hall.
SECTION V. A new Section 21 -1 (22.05) be added as
follows:
Family restaurant means any establishment whose main
business function is the retail sale of oo or
consumption on the premises, and which does not have on the
premises an area from which minors are excluded
pursuant to I.C. 7.1 -5 -7 -9 10 and 11 or pursuant to an
policy of the establishment.
SECTION VI. Section 21 -1 (54) be amended as follows:
(54) Structural alteration means any change in the
supporting members of a building such as bearing walls,
columns, beams or girders, but does not include
remodeling or cosmetic repairs which do not affect
supporting members of a building.
SECTION VII.
Section 21 -18(b) be amended as follows:
(b) In order to prevent the development of a blighted
area, no building or premises may be used and no building
may be erected, moved, structurally altered or enlarged
for any controlled use, if such building or premises is
located within one thousand (1,000) feet of any two (2)
controlled uses, as such use is defined in Section 21 -1
(15.1)_• provided, however, that a controlled use may be
structurally altered for purposes of constructing,
enlarging or refurbishing kitchen food service restroom
or storage areas if such structural alteration is
performed within the existing building, and that the seating
capacity or patron service area will not be increased—.
SECTION VIII. Section 21 -109 be amended as follows:
21 -109. Board of Zoning Appeals; jurisdiction.;
variances.
(a) Iii- -s_ge c-r i c- -c —se& -t-h,- Boa_r4 -o£ - Zan -lag- Ap- pears- erg.
-a-u.thox_£z.& -b,g p&rm£t _a, var-i'anaa _a£ _the _agglica.tion _a£ _the
ors e,- -h,eig�t -ate -a-r-&& r -i e t -rig l-a- i- r s- - la - ham-ar -y -w 1-t-4
(11) In addition to the provisions set forth above, the
following provisions shall be applicable to the issuance
of uariauaa& waivers within the 'F" Floodplain, "F -1"
Floodway or "F -2'r Floodway Fringe District:
(A) The Board of Zoning Appeals may grant varrianGe&
waivers to the provisions of the "F" Floodplain, "F -1"
Flood way or "F -2" Floodway Fringe District only upon the
written approval of the Natural Resources Commission.
(B) Vari.anr_&& Waivers may be granted only in cases
where the following conditions are met:
1. If a new structure is to be erected on a lot
of one -half acre or less in size, contiguous to and
surrounded by lots with existing structures constructed
below the flood protection grade; or
2. If a structure listed on the National
Register of Historic Places or a State Inventory of
Historic Places or a structure designated by the local
legislative body as an historic landmark is to be
restored or reconstructed.
(C) In all instances, waivers may be
granted only upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the
-\Fa-r -ranee waiver would result in exceptional hardship to
the applicant;
3. A determination that issuance of such
v&r- ra4-i-e-e waiver will not result in increased flood
heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause
fraud on or victimization of the public or conflict with
existing local laws and ordinances; and
4. A determination that the varrarrc -e waiver is
the minimum necessary, considering the flood hazard, to
afford relief.
(D) In cases where a va7r-raTe-e waiver is granted, a
notice shall be placed on the deed to the property stating
that the proposed construction will be located in a
flood -prone area. Said notice must contain a statement of
the number of feet that the lowest nonfloodproofed floor of
the proposed structure will be below the level of the 100
year flood and that actuarial flood insurance rates increase
as the first floor elevation decreases. In addition, the
Board of Zoning Appeals shall notify the applicant for said
va-r-- waiver in writing that the issuance of a _VeT_I a? _?
waiver to construct a structure below the base flood
elevation will result in increased flood insurance premium
rates and that such construction below the base flood
elevation increases risks to life and property.
(E) The Board of Zoning Appeals shall maintain a
record of all St1Ch xFq--r4- ,-Rwz?- waivPY ao-fiinnG ine-liiclino
(b) In specific cases the Board of Zoning Appeals may
ermit a variance from the application of height and area
district regulations and similar development standards--Up—on
a written determination that:
1. The approval of the variance will not be injurious
to the pub is health, sa ety, morals and genera
welfare of the community;
2. The use and value of the area adjacent to the
property included in the variance will not be a ected
in a substantially adverse manner; and
3. The strict application of the terms of the zoning
ordinance will result in practical difficulties in the
use of the property.
c) A Class A cabaret or other controlled use which sells
beer or intoxicating liquor for consumption on t e repmises ,except for a Class B cabaret, may petition the
Board oft° Zoning Appeals tor a permit allowing for
structural alterations to and expansion of restroom and /or
kitchen facilities which exceed the perimeter ot the
existing building. The Boar may grant said permit upon
written findings pursuant to the requirements of subsection
(b ) of this section anT upon additional written findings
that:
Structural alterations of the restroom and /or
kitchen facilities within the perimeter of the
existing building would be impractical and would
result in a decrease in the existing seatins
capacity; and
(2) The structural alteration or expansion of the
existing restroom and /or kitchen facilities will not
result in an increase in the existing seating
capacity or patron service area.
SECTION IX. This Ordinance shall be in full force and
effect after its passage by the Common Council, approval
by the Mayor and legal publication.
.-26- -:"- - - �- -�J� `�
,Member of t Common Council
i ,
9 AREqPLAN CO MMISSION
OF ST. JOSEPH COUNTY, IN
Room 1140 County -City Building
September 25, 1984
The Honorable Common Council
City of South Bend
County -City Bldg. - 4th Floor
South Bend, In 46601
South Bend, Indiana 46601
RICHARD S. JOHNSON
Executive Director
( 219) 284 -9571
Re: A proposed ordinance, as amended, initiated by Councilman Eugenia Braboy
amending certain sections of Chapter 21, of the Municipal Code of the
City of South Bend, Regulating Controlled Uses
Gentlemen:
The proposed ordinance, initiated by Councilman Eugenia Braboy was legally
advertised September 14 and September 15, 1984. The Area Plan Commission gave
it a public hearing on September 25, 1984, at which time the following action
was taken:
Upon a motion by Robert Lehman, being seconded by Rene
Vandewalle and unanimously carried, the Commisionion
accepted the amendments proposed by the petitioner,
(Version 3, as amended), and
Upon a motion by Joseph Serge, being seconded by John
DeLee and unanimously carried, the proposed ordinance,
(Version 3, as amended), initiated by Councilman
Eugenia Braboy amending certain sections of Chapter 21
of the Municipal Code of the City of South Bend,
Regulating Controlled Uses is sent to the Common
Council with a favorable recommendation
PLEASE NOTE that the Ordinance has been amended by the petitioner and is
different than that used for the Common Council's first reading. The amended
Ordinance was the Ordinance legally advertised and heard by the Area Plan
Commission.
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN
The Honorable Common Council
Page 2
The deliberations of the Area Plan Commission and points considered in
arriving at the above decision are shown in the minutes of the public hearing,
and will be forwarded to you at a later date to be made a part of this report.
Attached, for your consideration in the review of this matter, is a copy of
the Area Plan Commission's Staff Report.
Sincerely,
Richard S. Johnson
Executive Director
RSJ /sr
Attachment