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Home My WebLink AboutAmending Chapter 21 Off-Street Parking & LoadingORDINANCE No. 6884 -81 Passed by the Common Council of the City of South Bend, anuary 26, 1981 Presented by me to the Mayor of the City of South Bend, January 27 19 81 Clerk Of Common Council IRENE K. GAMMON Approved and signed by me Clerk ORDINANCE NO. to g w% ' --el AN ORDINANCE AMENDING CHAPTER 21, SECTION 21 -88 OF THE MUNICIPAL CODE OF SOUTH BEND, OFF- STREET PARKING AND LOADING FACILITIES, CHA14GE IN USE. STATEMENT OF PURPOSE AND INTENT. The Common Council of the City of South Bend, Indiana, has deemed it necessary, in order to conserve the value of property in the city and to protect the health, safety and wel- fare of the citizens of South Bend, to insure that congestion of public streets be lessened and /or avoided and the general welfare otherwise be promoted in accordance with a well- consi- dered and comprehensive plan for the use and development of all property throughout the city. To carry out this purpose it is necessary to assure that when use of property is changed, parking and loading facilities be required to meet the zoning code requirements for such new use. To that end, an amendment to the Zoning Code of the City of South Bend is necessary. NOW, THEREFORE, BE IT ORDAINED that the South Bend Municipal Code, Chapter 21, entitled Zoning, be amended as follows: SECTION I. Section 21 -88. Change in Use. Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading faci- lities shall be provided as required for such new use. Hewever; } €- irks- t�tlild£t3g- er- st�tletn�e- saes- ereeted- p�ie�- i:e- i= ke- a € €eetive date - a €- th €s- Ekapte�-- addit€ seal- ga�l�iag- e�- �eadiag - €aei} }ties awe- >riaxdate�y- exly - €x- the- aaTexa� -by- yak €ek - the- �egxi�e� eats - €e� the - new- txse- wexld- exeeed- these - €er- the - existing- ttse; -i€ -the latter- we3Fe- stsb}eet -te- the - parking -aad- leading- prev €s €ens -e€ this- Shaater- SECTION II. That this ordinance shall be in full force and effect after passage by the Council, approval by the Mayor, and publication. Is} READING //' �g / rz PUBLIC FILARING 2nd READING / F/ NOT APPROVED REFERRED PASSED /— a6' —ap/ Mem er of the Common Council C1 r, rpmb I Irene Gam 'mull CITY CLERK, SOU -114 BEND, IND. DEPT. OF REDEVELOPMENT 1200 County -City Bldg. South Bend, Indiana 46601 (219) 284.9371 Patrick McMahon Executive Director Ann Kolata Director Kevin Horton Assistant Director Redevelopment Commission F. Jay Nimtz President Lloyd E. Robinson, Sr. Vice President A. Peter Donaldson Secretary Robert J. Cira Assistant Secretary Paula N. Auburn Member CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 November 19, 1980 Members of the Common Council 441 County /City Building South Bend, IN 46601 RE: Modification to Off - Street Parking Ordinance Dear Council Members; Recent history has shown a oreat resurgence in the re- habilitation of existing structures and to facilities which can accommodate the change in use. I believe that the immediate future holds an even greater increase i'n this activity in South Bend, particularly in certain areas such as the East Bank, Monroe,Sample, and the Studebaker Corridor. South Bend's parking ordinances have been modified and expanded upon over the years in order to address the changing needs of our community. Recent ordinances, such as the Residential Parking Ordinance, have been adopted specifically to address the congestion which results when existing facilities are expanded or their use changes in a significant manner. The purpose of this ordinance is to clearly establish that it is the responsibility of a owner or developer to provide sufficient parking to meet the needs of his facility. Any property owner who is involved in a project which affects a change in use of an existing structure will therefore be required to meet the same parking require- ments as would a developer of a new building. Members of the Common Council Page Two November 19, 1980 Should you have any questions with respect to this ordinance, please feel free to contact either myself or Mr. Richard Hill at your convenience. Ver ly _yours, Patrick M. McMahon PMMcM:amc Attachment TommUl v 11 port coo toe tfomum (18vard of * Mug of 0010 stub: Your Committee of the Whole to whom was referred A BILL AMENDING CHAPTER 21, SECTION 21 -88 OF THE MUNICIPAL CODE OF SOUTH BEND, OFF — STREET PARKING AND LOADING FACILITIES, CHANGE IN USE. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE. JOHN VOORDE Chairman PR6[ '... Qffi:j�. ,......... CO. 3' AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN Room 1140 County -City Building December 17, 1980 The Honorable Common Council City of South Bend County -City Bldg. - 4th. Floor South Bend, IN 46601 South Bend, Indiana 46601 I�;`10 RICHARD S. JOHNSON Executive Director (219) 284 -9571 RE: An ordinance initiated by Councilman Lewis McGann amending Chapter 21, Section 21 -88 of the municipal Code of South Bend, modifying the off- Street parking and Loading Facilities, for a Change in Use Gentlemen: The attached ordinance initiated by Councilman Lewis McGann was legally advertised on December 6, 1980. The Area Plan Commission gave it a public hearing on December 16, 1980, at which time the following action was taken: Upon a motion by Paul Klein, being seconded by Joseph Simeri and carried, the ordinance initiated by Councilman Lewis McGann amending Chapter 21, Section 21 -88 of the Municipal Code of South Bend, modifying the off - street Parking and Loading Facilities, for a Change in Use is sent to the Common Council with a favorable recommendation. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Sincerely, 7 Richard . Joh Executive Director RSJ /cjw Attachment cc: Lewis McGann Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN STAFF REPORT OFF- STREET PARKING AND LOADING FACILITIES, December 5, 1960 CHANGE IN USE The purpose of this petition, which has been introduced by Councilman Lewis McGann, "is to clearly establish that it is the responsibility of an owner or developer to provide sufficient parking to meet the needs of his facility. Any property owner who is involved in a project which affects a change in use of an existing structure will, therefore, be required to meet the same parking requirements as would a developer of a new building ". Buildings erected prior to the zoning ordinance currently can be exempt from some of the parking requirements as stated in the ordinance. If this petition is adopted, the only recourse available to those who cannot meet the parking requirements would be to obtain a variance from the City Board of Zoning Appeals.