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HomeMy WebLinkAboutAmending Chapter 4 Licenses section 4-20 Automotive Repair and Service CentersORDINANCE No. 7058 -82 Passed by the Common Council of the City of South Bend, June 14, �9 82 IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, City Clerk June 15, — 82 !r Of Common Council IRENE K. GAMMON Approved and signed by ,jf' -L— Clerk SUBSTITUTE BILL BILL NO. 38 -82 ORDINANCE NO. j6 $ $ -8 .� AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LICENSES, BY THE ADDITION OF NEW SECTION 4 -20 ENTITLED AUTOMOTIVE REPAIR AND SERVICE CENTERS STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, has seen an increasing number of automotive repair and service centers operating next to residential areas. Often a vacant building and lot, almost overnight becomes a repair and body shop. Presently there are no specific local regulations regulating these type of operations. As a consequence, there are an increasing number of complaints about the noise, odors, and "visual pollution" from wrecked automobiles being stored. The Common Council believes that the following Bill which would re- quire _'a visual screen when such an operation abuts a residential lot; semi - annual inspections; an annual license; and specific safety requirements, are in the best interests of the public health and safety of its citizens. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 4, Article 3, Section 4 -17(c) is amended to read as follows: (c) Regulated Business 1) Arborist /Tree Service 2) Automotive Repair and Service Center es 4) -3)- Hotels /Motels 5) Laundries, Laundries Self- Service, Self - Service Dry Cleaners 6) -5)- Massage Parlors 7) -6)- Massage Technicians 8) -7)- Open Air Stands 9) -8)- Peddlers /Transient Merchants /Canvassers 10) -9)- Precious Metals 11)19)- Public Parking Facilities 12)11)- Restaurants 13)12)- Restaurants with Live Entertainment /Music (Class A and Class B Carbarets) 14)13)- Rubbish and Garbage Removal 15)14) -Scrap Metal Dealers /Transfer Stations /Recycling Operations/ Junk Dealers 16)13)- Second Hand Dealers 17)16)- Solicitations, Charitable 18)'17)- Taxicabs SECTION II. Chapter 4, Article 5, Section 4 -20 of the Municipal Code of the City of South Bend, Indiana is hereby amended to read in its entirety as follows: Sec. 4 -20 Automotive Repair and Service Centers (a) DEFINITIONS: For purposes of this Section, "Automotive Repair shall mean anv location where motor vehicle repair Par and Service Centers" (b) LICENSE REQUIRED: Any person, firm or corporation intending to operate an automotive repair and service center, as herein defined, shall first obtain a license trom the Office of the Controller. ) APPLICATION: (1) Each applicant for license shall rocure from the Office of the Controller an application or suc icense. (2) Each applicant shall furnish the following information: a. legal name of applicant and position; b. present address and telephone number of applicant; c. street address of proposed site o the automotive re air and service center; d. zoning o propose site; e. number o± o±±-street parking spaces available to the �ubl�ic and to emp oyees ; f. escd ription o± the building intended to be used listing its age, type of building material, and square footage; an g. Secific t e(s) of automotive repair and /or service to be of ered. (3) The filing of an application does not authorize conducting a busines (d) REVIEW AND RECOMMENDATION: Upon the filing of a completed application, the same shall be referred to the following agencies for their review and recommendations: (1) to the Police Department for a back round check; 2) to the Fire Prevention Bureau, Building Department, and Neighborhood Code Enforcement Office for ublic health and safety c ecks. (3) to the Legal Department for a verification of zoning, set back requirements and parking. (e) LICENSE FEE. If the applicant meets the requirements of this Code, the It shall issue a license upon payment of an annual fee of One Hundred 100.00) Dollars. (f) REGULATIONS: All automotive repair and service centers as herein describe shaIT-F—egoverned by the o_ owing regulations: 1) The building or part thereof used for the application of lammable finis es by means o spraying or dipping shall conform to the a licable re uirements of NkPA No. 3U, Chapter 4, as it may be amended rom time to time. 2) Said business shall comply with NFPA No. 33, "Standards or S ra Finishin Usin Flammable an Combustible Material," as i_temap be amen e rom time to time, which stan ar is hereby adopted by reference and incorporated herein as though set out in full. -2- (3) Walls and ceilin s of the buildin or art thereof use or the application o amenable or combustible material shall have a fire - resistance rating of not less than one our, and shall be equipped with fire.extinguul iing equipment as specified by the Fire (4) Department. All electrical wirin and e up men sha11 conform to the requirements o C aptero the NFPA No. 33 as it may be amen ded from time to time,and shall other- wise be in accordance with the 'National Electrical Code', NFPA No. 70, as it may be amended from time to (5) time. All such businesses shall conform to the maintenance and operation requirements of Chapter 8, NFPA No. 33 (6) as it may be amended from time to time. Floors, drain boards, and the interior of s ra booths, an a tans, ducts, sidewa s,an .cei ings shall be (7) Fe—pt clean. SCREENING: (a) When off- street parkin areas for more than four (4) par ing spaces are ocated closer t an fifty 50 feet to a lot in a residence district, or where such parking is not entire screened visually from such lot by an iItervei2i buildin , there shall be provided a continuous_ visual screen with a hei ht of not less than six (6 )-feet nor more t an eight eet. (b) 1,Then motor vehicles are stored outside and kept in possession or servicing, repair, or storage, a_ continuous visual screen wit a hei ht of not less than six (6) feet nor more than eight feet shall be required between t e business and the side of such property which direct abuts a public treet or alley which has a lot in a residential district, or directly abuts a public street or alley which has a lot in a residence district directly across t e way. If such storage is entirely screened visually rom m such resi ential lot by an intervening buildin sai continuous visual screen shall not be required. (c) Such screen shall consist of a densely planted compact bye or a wall or fence, and sha1�be locate in accordant I ith t e provisions o Section 21-84(a)(15) of this Code. (8) No motor vehicles shall be parked in a required front yard or side yard treet, nor on any parkway or (9) sidewalk. No motor vehicle shall be parked upon any street, alley, or vacant lot for purposes o repairing or servicing said ve is e, except repairs necessiate y an emergency. (10) An erson found repairing or servicin a motor vehicle at is residence other than those ve is es w is are du licensed and re istere in is name or in the name of a anvil mem er anvil ein e ine as set ort in Section 1-1 -(a 22) o this Co e, shall e deemed in violation of (g,) SEMI- this Section. ANNUAL INSPECTIONS: The Fire Prevention and the Neighbor- hood Code Enforcement Of ice shall s ect each automotive repair and service center ainh a minimum o once ec six (6 ) months for the purpose of determining whether or not the owner or operator is in compliance with -3- (h) PENALTIES: Any person A ect Section shall be subi the nr'ov E ions of this thissC5de, ollars. no uiuLe LIIU11 IWO inousana rlye nunarea ky/,7uu.uu) Lollars, upon convlcltlon. The violation of any provisions of this Section shall constitute a separate offense foe ach day such violation may exist. SECTION IV. This Ordinance shall be in full force and effect from and after.August 15, 1982, and its passage by the Common Council, approval by the Mayor and legal publication. -4- CITY of SOUTH BEND COMMON COUNCIL 441 COUNTY CITY BUILDING SOUTH BEND, INDIANA 46601 Area 219 2849321 LEWIS A. McGANN President BEVERLY D. CRONE April ri l 2 1 1982 Vice President JOHN V Chairman, man. The South Bend Common Council Committee of the Whole 4th Floor JOSEPH T SERGE County -City Building First District South Bend, Indiana 46601 WALTER M. SZYMKOWIAK Second District Dear Council Members: BEVERLIE J. BECK Third District Over the past several months I have been receiving LEWIS A. MCGANN Fourth District an increasing number of complaints from our citizens ROBERT G. TAYLOR requesting assistance for the regulation of auto repair Fifth District and body shop operations which fix and rebuild old cars RAYMONDD C. ZIELINSKI and then store them on their property for possible future Swh sale. BEVERLY D. CRONE At Large The following Bill is an attempt to reach a reasonable RICHARD C.DOMBROWSKI At Large balance between the legitimate businesses who operate in JOHN VOORDE this area and reasonable regulations which reflect the At Large concerns of our citizens. KATHLEEN CEKANSKI FARRAND Council Attorney You will find specific fire and safety regulations as well as a requirement for opaque fencing along the side of a property line when it directly abuts a residential lot or directly abuts a public alley or public street where a residential lot is directly across the way. The Bill calls for semi - annual inspections and annual licensing by the City. I believe these regulations are reasonable and look forward to discussing all of this with you in much greater detail in the weeks ahead. I have purposely included an effective date of July 1st so that all of the affected businesses will have ample time to comply and so that we may be able to gather as much input from the citizens and Council. I have had the opportunity to view several of the businesses which would be included within this Bill. I have taken pictures of these locations, and look forward The South Bend Common Council Page 2. to showing them to you in the near future. I believe such a Bill would help protect the health and safety of our citizens, and would help eliminate some of the "visual polllution" which many of our residents are presently experiencing. I seek your favorable support. Sincerely, Richard C. Dombrowksi Councilman -at -Large RCD:jj Tommtttrr Irport (10 the fdomman (10UM- l of Of Tdn of #md# Ikub- Your Committee OF THE WHOLE to whom was referred BILL NO. 38 -82 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LICENSES, AND BY THE ADDITION OF SECTION 4 -20 ENTITLED AUTOMOBILE BODY REPAIR /USED CAR DEALERS AND SECTION 4 -31 ENTITLED IMPOUNDED MOTOR VEHICLE STORAGE BUSINESSES. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE., as amended: f By accepting a substitute bill, and amending this bill on page 2 (a) by deleting or after repair, adding a comma and adding a comma after servicing, and adding or storage; correcting the spelling of sidewalk in section (8) and adding a new paragraph 10; also effective date of bill is changed to August 15, 1982 JOHN VOORDE Chairman ......MIN. CO.