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HomeMy WebLinkAboutAmending Chapter 4 Scrap Metal Dealers Junk, Recycling Operations & Transfer Stations0 ORDINANCE No. 718283 Passed by the Common Council of the City of South Bend, Indiana April 11, 19 83 IRENE K. GAMMON City Clerk Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by 1 ril 12, 19 83 of Common Council /i� City Clerk IRENE K. GAMMON 19 C:7� ORDINANCE NO. 7j f Z?- jV3 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 4, ARTICLE 4, SECTION 4 -51 COMMONLY KNOWN AS SCRAP METAL DEALERS, JUNK DEALERS, RECYCLING OPERATIONS AND TRANSFER STATIONS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council believes in economic develop - ment and revitalization throughout the community. The Common Council further believes that an amendment to the present scrap metal dealers and recycling ordinance may be in order to allow a case by case review of particular businesses with regards to the 1,000 foot requirement. Presently such businesses cannot be located within 1,000 feet of any A residence district, A -1 residence district, A -2 planned residential development district, A -3 high priority residential office and professional district, B residence district, B -1 residence district, C -1 commercial, limited use district, or C -2 planned shopping center district. The following bill would allow the Common Council to review the footage requirement on a case by case basis, and would require full compliance with all other provisions of the scrap metal dealers ordinance. NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 4, Article 4, Section 4 -51 (d)(2) shall be amended to read as follows: (2) From and after July 1, 1930, no license shall be issued to any proposed scrap or junkyard, recycling operation or transfer station for a location within one thousand (1,000) feet of any of the following zoning use districts as defined by the zoning chapter of this Code: a. "A" Residence District. b. "A -1" Residence District. C. "A -2" Planned Residential Development Distrcit. d. "A -3" High Priority Residential Office and Professional District. e. "B" Residence District. f. "B -1" Residence District. g. "C -1" Commercial, Limited Use District. h. "C -2" Planned Shopping Center District, unless such footage requirement is waived by specific resolution of the Common Council. Such resolution must incorporate one of the following considerations for such a waiver: that the majority of the business operation would take place within an enclosed structure, that the business .would be located beyond one -half of the footage requirement or that a majority of the owners affected by the new business which are within the 1,000 foot requirement give approval. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 1st READING 3- a � - � 3 PUBLIC HEARING &/-/ 1-03 2nd READING y -I1 - t3 NOT APPROVED REFERRED PASSED 4 _ J -'K-3 HIM IN CLERK'S RCE MAR 2 3 1983 Irene Gammn CM CLERK, URI 800, W. J' 1 , i M ber of the CA tu o Council CITY of SOUTH BEND COMMON COUNCIL 441 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 Area 219 284 -9321 BEVERLIE J. BECK President March 23, 19 8 3 JOSEPH T. SERGE Vice - President RAYMOND C. ZIELINSKI e Chairman, Committe of the Whole The South Bend Common Council 4th Floor County -City. Building South Bend, Indiana 46601 JOSEPH T. SERGE First District Dear Councilmembers : WALTER M. SZYMKOWIAK Second District The attached bill would amend the scrap metal dealers BEVERLIE J. BECK Third District ordinance which presently prohibits the location of such a LEWIS A. McGANN business within 1,000 feet of A and B residental areas as Fourth District well as C -1 and C-2 commercial areas. ROBERT G. TAYLOR Fifth District You will recall that on March 14, 1983 the Human RAYMOND C. ZIELINSKI Sixth District Resources and Economic Development Committee discussed an BEVERLY D. CRONE amendment to this provision. It would allow the Common At Large Council to review specific waiver requests on a case by JOHN J. HARRIS, Jr. At Large case basis / q P and would require full compliance with regards g JOHN VOORDE to all of the other provisions of the scrap metal dealers At Large ordinance. KATHLEEN CEKANSKI - FARRAND Council Attorney Your support of this bill would be appreciated. Sincerely, Robert Taylor, Chairman Human Resources and Economic Development Committee Tomritturr Irpart (To #4t (IIomuwn 01ounrd of tot (Mg of Oout4 Wend: Your Committee OF THE WHOLE to whom was referred BILL NO. 28 -83 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 4, ARTICLE 4, SECTION 4 -51 COMMONLY KNOWN AS SCRAP METAL DEALERS, JUNK DEALERS, RECYCLING OPERATIONS AND TRANSFER STATIONS. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE. RAYMOND ZIELINSKI Chairman FREE PRESS PUBLISHING CO.