HomeMy WebLinkAbout80-25 Amending Chapter 21 of the South Bend Municipal Code to Make Miscellaneous Changes for Clarification and Consistency to Simplify Development Process and to Achieve Higher Quality Development (Substitute) to PLAN co City Hall
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Z South Bend,IN 46601
PLAN COMMISSION (574)235-7627
Fs?gBt sHEo�p1� www.southbendin.gov/zoning
November 26, 2025
Honorable Dr. Oliver Davis Filed in Clerk's Office
3rd Floor, City Hall Nov 26, 2025
South Bend,IN 46601
Bianca Tirado
RE: Proposed Zoning Text Amendment#7 City Clerk. South Bend, IN
Dear Committee Chair Dr. Davis:
Enclosed is an Ordinance for a proposed Text Amendment to Chapter 21. The Common Council
of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend
that went into effect on January 1, 2020. Since its last amendment in September 2021, use of the
Ordinance has identified a few standards that need further clarification, correction, or revision.
Changes to these standards will support a more vibrant, resilient community while improving the
ease of use of the zoning ordinance.
Please include the attached Ordinance on the Council agenda for first reading at your December
8,2025 Council meeting and set it for public hearing at your January 12, 2026 Council meeting.
The petition is tentatively scheduled for public hearing at the December 15,2025 South Bend
Plan Commission meeting. The recommendation of the South Bend Plan Commission will be
forwarded to the Office of the City Clerk by noon on the day following the public hearing.
If you have any questions, please call our office at (574)235-7627.
Sincerely.
Brian Killen
Zoning Administrator
Tim Corcoran Brian Killen Francisco Fotia
Planning Director Zoning Administrator commission President
Filed in Clerk's Office
Nov 26, 2025
BILL NO. 80-25
Bianca Tirado
City Clerk. South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO
MAKE MISCELLANEOUS CHANGES FOR CLARIFICATION AND CONSISTENCY TO
SIMPLIFY DEVELOPMENT PROCESS AND TO ACHIEVE HIGHER QUALITY
DEVELOPMENT
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend, Indiana,adopted a new zoning ordinance
for the City of South Bend that went into effect on January 1,2020. Since its adoption in
November 2019, use of the Ordinance has identified a few standards that need further
clarification, correction, or revision. Changes to these standards will support a more vibrant,
resilient community while improving the ease of use of the zoning ordinance.
NOW,THEREFORE,be it ordained by the Common Council of the City of South Bend,
Indiana,as follows:
SECTION I. Chapter 21,Zoning,of the South Bend Municipal Code, Article 2 Definitions&
Measurements, Section 21-02.03 Measurements, subsection(b)Building Placement is hereby
amended as follows:
(3) Building Setbacks. A setback distance is measured perpendicularly from the
lot line to the closest exterior wall of a building's facade, exclusive of building
frontage type(e.g.,porch, stoop). A setback is measured from the greater of an
actual or proposed ctrcet right-of-way.
SECTION II. Chapter 21,Zoning, of the South Bend Municipal Code, Article 2 Definitions
& Measurements, Section 21-02.03 Measurements, subsection(d)Building Form is hereby
amended as follows:
(2) Building Height(Stories).
(D) The Zoning Administrator may permit a single one-story shared
amenity space per building open only to building occupants and their
guests, having a gross floor area of no more than 25% of the gross floor
area of the floor below,and set back not to be visible from the street,
that shall not count as a story toward the maximum number allowed.
SECTION III. Chapter 21,Zoning, of the South Bend Municipal Code, Article 2 Definitions
&Measurements, Section 21-02.03 Measurements, subsection(e) Building Components is
hereby amended as follows:
(1) When a building component is allowed to be built into a minimum required
setback,it is called an encroachment and shall meet all regulations for building
components per Section 21-08.01. Where a contextual setback is applied, the
Zoning Administrator may allow additional building frontage type
encroachment.
SECTION IV. Chapter 21,Zoning, of the South Bend Municipal Code,Article 2 Definitions
&Measurements, Section 21-02.03 Measurements, subsection(f)Building Standards is
hereby amended as follows:
(1) Facade Transparency.
(B) Facade transparency percentages are calculated independently
for each floor on each facade.
(B)(C)
(-RD) Upper floor transparency is calculated based on the total facade
area located between the surface of any floor to the surface of
the floor above it or, if there is no floor above, from the surface
of the floor to the surface of the roof. The Zoning Administrator
may reduce the required transparency on the top floor of a
building by up to 50% for designs consistent with the building's
architectural style.
j Building Width. Width is measured as the horizontal length of a building
facade measured parallel to a primary or secondary street. Building widths are
applied only to facades visible from a street.
(A) For the Stacked Flats, Shop, and Mid-Rise/Tower building types:
(i) Elevated hallway connections between structures that are set
back at least 20 feet from the front lot line shall not count
toward continuity of building width.
(ii) The Zoning Administrator may permit an increase in the
maximum building width,when it is context appropriate and/or
to maximize block utilization, up to 25% if the building design
and articulation meet the intent of the ordinance.
SECTION V. Chapter 21, Zoning, of the South Bend Municipal Code,Article 3 Standard
Districts, Section 21-03.01 S 1 Suburban Neighborhood 1, subsection(g)Building
Components; Section 21-03.02 S2 Suburban Neighborhood 2, subsection(g)Building
Components; Section 21-03.03 Ul Urban Neighborhood 1, subsection(g)Building
Components; Section 21-03.04 U2 Urban Neighborhood 2, subsection(g) Building
Components are hereby amended as follows:
Allowed Encroachments (max.) Rear
Balcony No ^"Qwed 5'
SECTION VI. Chapter 21,Zoning, of the South Bend Municipal Code,Article 3 Standard
Districts, Section 21-03.01 S1 Suburban Neighborhood 1, subsection(h)Building Standards
is hereby amended as follows:
Facade Transparency(min.)
Ground Floor-Front Facade 10%
Ground Floor-Corner Facade 5%
Upper Floor- Front Facade 10%
Upper Floor-Corner Facade 5%
SECTION VII. Chapter 21,Zoning, of the South Bend Municipal Code,Article 3 Standard
Districts, Section 21-03.01 S1 Suburban Neighborhood 1, subsection(j)Landscape; Section
21-03.02 S2 Suburban Neighborhood 2, subsection(j)Landscape; Section 21-03.03 UI Urban
Neighborhood 1, subsection(j)Landscape; Section 21-03.04 U2 Urban Neighborhood 2,
subsection(j) Landscape; Section 21-03.05 U3 Urban Neighborhood 3, subsection (j)
Landscape; Section 21-03.06 OF Urban Neighborhood Flex, subsection(j) Landscape;
Section 21-03.07 NC Neighborhood Center, subsection(j)Landscape; Section 21-03.08 DT
Downtown, subsection (j)Landscape are hereby amended as follows:
An existing tree of at least 2 1.75"may fulfill this requirement.
SECTION VIII. Chapter 21,Zoning,of the South Bend Municipal Code,Article 3 Standard
Districts, Section 21-03.02 S2 Suburban Neighborhood 2, subsection(h)Building Standards
is hereby amended as follows:
Facade Transparency(min.)
Ground Floor-Front Facade 10%
Ground Floor-Corner Facade 5%
Upper Floor-Front& Corner Facade 15%
SECTION IX. Chapter 21,Zoning, of the South Bend Municipal Code,Article 3 Standard
Districts, Section 21-03.03 U1 Urban Neighborhood 1, subsection(c)Principal Uses is hereby
amended as follows:
Dwelling, 2 Units Special Exception Allowed subject to Conditions with Use
Specific Standards.
SECTION X. Chapter 21,Zoning,of the South Bend Municipal Code, Article 3 Standard
Districts, Section 21-03.03 U1 Urban Neighborhood 1, subsection(d)Building Placement is
hereby amended as follows:
Lot Width '- 30' min.
Building Setbacks Frone 2 Sides;
Lot width may be reduced to 20' for attached dwellings.
42
23
SECTION XI. Chapter 21,Zoning, of the South Bend Municipal Code,Article 3 Standard
Districts, Section 21-03.05 U3 Urban Neighborhood 3, subsection(g)Building Components;
Section 21-03.06 UF Urban Neighborhood Flex, subsection(g)Building Components are
hereby amended as follows:
Allowed Encroachments(max.) Rear
Balcony Named 3'
SECTION XII. Chapter 21,Zoning, of the South Bend Municipal Code,Article 3 Standard
Districts, Section 21-03.06 UF Urban Neighborhood Flex, subsection(f) Building Form is
hereby amended as follows:
Building Design
Total Non-Residential or Non-Civic Use(max.) 5,000 square feet
Total Retail & Service Use(max.) 2,500 square feet
SECTION XIII. Chapter 21,Zoning, of the South Bend Municipal Code, Article 3 Standard
Districts, Section 21-03.07 NC Neighborhood Center, subsection(c)Principal Uses is hereby
amended as follows:
Gas/Fuel Station
SECTION XIV. Chapter 21,Zoning, of the South Bend Municipal Code, Article 3 Standard
Districts, Section 21-03.08 DT Downtown, subsection(c)Principal Uses is hereby amended
as follows:
Gas/Fuel Station
Beer/Wine/Liquor Sales Allowed Special Exception
Tobacco/Hookah/Vaping Allowed Special Exception
SECTION XV. Chapter 21,Zoning, of the South Bend Municipal Code, Article 3 Standard
Districts, Section 21-03.08 DT Downtown, subsection (d)Building Placement is hereby
amended as follows:
Lot Size
Lot Width 20' 15' min
SECTION XVI. Chapter 21,Zoning,of the South Bend Municipal Code, Article 4 Special
Districts, Section 21-04.01 OS Open Space, subsection(i)Landscape; Section 21-04.02 U
University, subsection(i) Landscape; Section 21-04.03 C Commercial, subsection(i)
Landscape; Section 21-04.04 I Industrial, subsection(i)Landscape are hereby amended as
follows:
'An existing tree of at least 2r- 1.75"may fulfill this requirement.
SECTION XVII. Chapter 21,Zoning, of the South Bend Municipal Code,Article 4 Special
Districts, Section 21-04.03 C Commercial, subsection (b)Principal Uses; Section 21-04.04 I
Industrial, subsection(b)Principal Uses is hereby amended as follows:
Gas/Fuel Station Allowed Special Exception
Beer/Wine/Liquor Sales Allowed Special Exception
Tobacco/Hookah/Vaping Allowed Special Exception
SECTION XVIII. Chapter 21,Zoning, of the South Bend Municipal Code, Article 4 Special
Districts, Section 21-04.04 I Industrial, subsection (f)Building Components is hereby
amended as follows:
Main entrances shall be prominently located and visible from the primary street or
open space-; the Zoning Administrator may waive this requirement for any
Agricultural; Industrial, Manufacturing,& Processing; Transportation; or Utilities use
if not needed to meet the intent of this ordinance.
SECTION XIX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 Special
Districts, Section 21-04.04 I Industrial, subsection(g)Building Standards is hereby amended
as follows:
Standard, fluted, or split face concrete masonry units (CMUs)above the basement
level are prohibited as face material. Glazed or heavily polished CMUs or CMUs that
look like brick or stone are allowed.
SECTION XX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 5 Special
Districts, Section 21-05.02 NNZO Northeast Neighborhood Zoning Overlay, subsection(d)
Uses is hereby amended as follows:
fillDwelling.Ancillary
(A) In a SI,U 1, or U2 district, the owner(s)of the lot upon which the
ancillary dwelling is located shall occupy at least one of the dwelling
units on the premises.
fit21
SECTION XXI. Chapter 21,Zoning, of the South Bend Municipal Code,Article 4 Special
Districts, Section 21-05.02 NNZO Northeast Neighborhood Zoning Overlay, subsection(f)
Building Standards is hereby amended as follows:
(2) Building Materials
(D7 e Scufity.devices s ,ch olid metals .ity gate etal ro11_.town
C� „dower oiling sh„tters nd link/ rill ,items Tall not be ifistalled
on front or corner facades, except where such devices arc at least 50
f (D)
(- (E)
( F1
( G)
SECTION XXII. Chapter 21,Zoning, of the South Bend Municipal Code,Article 6 Uses,
Section 21-06.01 Principal Uses,Table 21-06A: Principal Uses by Zoning District is hereby
amended as follows:
Residential U1
Dwelling, 2 Units SpecialSpeeial-E-xeeption Allowed subject to Conditions with
Use Specific Standards
Retail& Service DT
Beer/Wine/Liquor Sales Allowed Special Exception
Tobacco/Hookah/Vaping Allowed Special Exception
Retail& Service C,I
Beer/Wine/Liquor Sales Allowed Special Exception
Gas/Fuel Station Allowed Special Exception
Tobacco/HookahNaping clewed Special Exception
SECTION XXIII. Chapter 21,Zoning, of the South Bend Municipal Code, Article 6 Uses,
Section 21-06.01 Principal Uses, subsection(j)Residential is hereby amended as follows:
(1) Dwelling, Ancillary
(A) Standards:
(ii) In a Si or Ul district, the owner(s)of the lot upon which the
aneillafy-dwelling-is-loeateil-shell-eoeupat-least-ene-of-the
Il
(iv)(iii)
(-) Iv
(viiXvi)
(3) Dwelling,2 Units
(A) Standards:
(i) In a Ul district, a conversion to add one dwelling unit, other
than an ancillary dwelling, to an existing structure shall require
a special exception.
(-) ii
SECTION XXIV. Chapter 21,Zoning, of the South Bend Municipal Code,Article 6 Uses,
Section 21-06.01 Principal Uses,subsection(k) Retail & Services is hereby amended as
follows:
(7) Drive-Through Facility
(A) Standards:
(iii) A drive-through facility shall not cause any interference to a
public right-of-way or conflict with safe movement along
sidewalks or walkways, to building entrances or exits, or to
required parking spaces.
(vii) n .]rive through f cility shall pr ide suffcient r m f rat
le, s* o aiting after exiting thela t. ck
facility.
(viii)(vii)
(ixXviii)
(x-} ix
(11) Gas/Fuel Station
(A) Standards:
(i) Gasoline-Fuel dispensers and pump island canopies shall not be
located within any minimum required setback. In a NC or DT
district,gasoline fuel dispensers and pump island canopies shall
not be located in an established front or corner yard.
(ii) Gas/fuel stations shall not cause any interference to a public
right-of-way or conflict with safe movement along sidewalks or
walkways, to building entrances or exits, or to required parking
spaces.
(iii) The site design of any gas/fuel station shall provide for the safe
and efficient ingress and egress to the site for fuel delivery
vehicles and an area for such fuel delivery vehicles to park
while unloading which does not interfere with or impede ingress
or egress to or from any public street, required parking spaces,
or any gasoline fuel sales area.
(vi) A gas/fuel station canopy shall be consistent in design and
materials with the primary building, shall be neutral colored,
and shall have masonry support columns.
(21) Vehicle Sales or Rental
(A) Standards:
(iii) A vehicle sales or rental use shall have a minimum lot size of
120' by 180'.
(iii)(iv)
(iv)(
vi
(vi)(vii)
(vii viii
(viii ix
(ix)(
(22) Vehicle Service, Major
(A) Standards:
(ii) No partially dismantled,wrecked, or unregistered vehicle shall
be stored outdoors for more than 14 30 days, except in an I
district, where the maximum time shall be 30 days.
SECTION XXV. Chapter 21,Zoning, of the South Bend Municipal Code, Article 6 Uses,
Section 21-06.01 Principal Uses, subsection(k) Retail& Services, Gas Station diagrams are
hereby amended as follows:
Gas/fuel station layout for an urban location
Gas/fuel station layout for a suburban location
SECTION XXVI. Chapter 21,Zoning, of the South Bend Municipal Code,Article 6 Uses,
Section 21-06.01 Principal Uses, subsection(1)Transportation is hereby amended as follows:
(4) Parking Lot
(A) Standards:
(i) See Section 21-07.03(ljgZ for parking structure regulations.
SECTION XXVII. Chapter 21,Zoning, of the South Bend Municipal Code,Article 6 Uses,
Section 21-06.02 Accessory Uses and Structures, subsection(b)Applicability is hereby
amended as follows:
01 Any structure that is less than 4 square feet in area and 9 feet in height,
including, but not limited to, little free libraries and electric vehicle charging
stations, shall not be considered an accessory structure.
SECTION XXVIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses,
Section 21-06.02 Accessory Uses and Structures, subsection(e) Maximum Number of
Accessory Buildings is hereby amended as follows:
A lot in a S l, S2,U 1, U2,U3, or OF district shall not have more than one detached
accessory building;however,the following structures shall not count for the purposes
of this calculation.
(2) Any structure that is less than 1 square feet in arcs and 6 feet in height.
{ L21
01 A pergola of 200 square feet or less that is no taller than the eave of the
primary structure or 18', whichever is less.
SECTION XXIX. Chapter 21,Zoning, of the South Bend Municipal Code,Article 6 Uses,
Section 21-06.02 Accessory Uses and Structures, subsection(f)Accessory Use Definitions
and Standards is hereby amended as follows:
(4) Chickens, Chicken Coops, and Chicken Pens
(C) Construction
(i) The chicken coop shall be enclosed with solid material on all
sides and have a solid roof and door(s). The coop shall be at
least 18 inches high, and provide at least 4-2 square foot of floor
area per chicken. Traditional building materials shall be used.
Doors shall be constructed so that they can shut and lock. Vents,
covered with wire,will be placed as necessary for adequate
ventilation. The coop shall be impermeable to rodents,wild
birds, and predators, including dogs and cats.
(12) Home Occupations
(A) Standards
(i) The home occupation shall be located within a fully enclosed
building owned or occupied by the resident of the site..-
(iii) No more than one client may be served or instructed at a time.
Clients may not be served or instructed before 7:00 a.m. or after
9:00 p.m.
(vi) There shall be no additional or separate entrance to the primary
dwelling facing the street for the purpose of conducting the
home occupation.
(B) Prohibited Home Occupations.The following uses, by the nature of
the investment or operation, have a pronounced tendency, once started,
to rapidly increase beyond the limits specified above for home
occupations and impair the use,value and quiet enjoyment of adjacent
residential properties. Therefore, the following uses spesifted-belew
and other similar or comparable uses shall not be permitted as home
occupations: Bar/Tavern/Restaurant; Freight/Trucking/Shipping;
Industrial(any);Medical/Dental Clinic; Vehicle Service(any); and
Veterinary Clinic, Kennel,or Stable.
(i) Antique, Book or Gift Shop
(ii) Appliance Repair, large or small
(iii) Barber Shop /Beauty Shop
(iv) Bicycle Repair or Service
(v) Dance, Yoga,or Exercise Studio
(vi) Dental Office or Clinic
(vii) Freight, Trucking or Shipping
(viii) T a .., Nleiyer Ro r Serviee
(ix) Medical Office or Clinic
(x) Painting of Vehicles,Trailers, Boats, etc.
(xii) Private Schools with Organized Classes,
( i) Rest, nt E t: r_Dr nk„ng Establish.., nts
Ex-iv-)-14ftholstefing
(xv-)--Tele*isiewer-Radie-Repaif
(X..i) Tool er Equipment Dental
\mot''
(xvii) Teeline Weldin r Machine_Shep
( it Vehicle,Re
(xix) Veterinary Clinic, Kennel, or Stable
(C) Permitted Home Occupations.By way of example, the following
uses, when conducted in compliance with the conditions set forth above,
qualify as permitted home occupations: Animal Care Establishment(i.e., Pet
Grooming); Childcare Home as defined by IC 12-7-2-28.6; Food Preparation
as defined in IC 16-42-5.3;Personal Care& Services,including, but not
limited to Baking. Barber/Beauty Shop, and Teaching/Tutoring(including
musical instruments, dance,yoga); and Professional Offices.
(i) Artist's,Musician's, or Writer's Studio
(ii)
balker., f eility)
(iii) Childcare Home as defined by IC 12 7 2 28.6
(iv) Data-Pzocesr er Wor Pr d ocessngr..r c Transriptionry Seices
i
(v) Desr makin. T,�(;llinery Sew T r ailoring
>
(vi) Home School, including Cottage Schools
(vii) Personal Office
Tutorin ing l in
when-limited4e-ene-pup44-at-a-tinie
(ix) Internet Sales, exclusively online
(24) Solar Energy System
(A) Standards:
(v) Ground-mounted solar energy systems are limited to a
maximum height of 42 18 feet. Power transmission lines from a
ground mounted solar energy system to any structure shall be
located underground, if possible, and shall be completely
shielded against shock hazard.
SECTION XXX. Chapter 21, Zoning,of the South Bend Municipal Code,Article 6 Uses,
Section 21-06.02 Accessory Uses and Structures, subsection(f)Accessory Use Definitions
and Standards,(27) Trash Containers is hereby deleted and replaced as follows:
(27) Trash and Recvcline Containers
Designated outdoor storage areas and equipment used to collect refuse and
recvclables.
(A) Standards
(i) Any trash or recycling container or combination of containers
exceeding 36 cubic feet in capacity shall be placed on an
impervious surface and screened on all sides by a building or a
solid-walled enclosure not less than 6 feet in height nor more
than 10 feet in height above grade and equipped with an opaque
screen gate.
(ii) The solid-walled portion of the enclosure shall be similar in
design and materials to those of the building facade and shall be
built to grade. Fences shall not be considered as a solid wall,
and chain link fences with slats shall not be used as gate
material.
(iii) Gates or doors of the enclosure shall be kept completely closed
except when refuse is being added or removed.
(iv) Building foundation landscape, designed per Section 21-
09.01(m), shall be installed along any sides of the enclosure not
screened by a building.
(v) The Zoning Administrator, upon request by an applicant, shall
have the authority to approve an alternate design subject to the
provisions below, as long as the intent of the ordinance is met.
a. Enclosure, material, and landscaping requirements may
be reduced or waived if the enclosure is adjacent to and
accessed from an alley and is not visible from a street.
b. An opaque fence may be used in place of a solid wall if
the enclosure is located in an established rear yard or in
a side yard not visible from a street and is designed so
that refuse cannot leak or blow under it.
c. Landscaping may be reduced or waived if the enclosure
is located in an established rear yard or in a side yard not
visible from a street.
SECTION XXXI. Chapter 21,Zoning, of the South Bend Municipal Code,Article 6 Uses,
Section 21-06.03 Temporary Uses and Structures, subsection (e)Duration is hereby amended
as follows:
Except as specifically provided otherwise in this section-, a temporary use, building or
structure shall be permitted for a period not to exceed one year. Except as specifically
provided otherwise in this section, the improvement location permit, if required, may
be renewed one or more times by the Zoning Administrator, for good cause shown, for
an additional period(s)not to exceed a total of three years beyond the original
expiration date.
SECTION XXXII. Chapter 21,Zoning, of the South Bend Municipal Code,Article 6 Uses,
Section 21-06.03 Temporary Uses and Structures, subsection (j)Regulations for Mobile
Classrooms is hereby amended as follows:
(1) Mobile classrooms shall be for use within the following Civic &
Institutional Use types: College/University, Religious Institution, School, Pre-
K/Primarv/Secondary;of and
SECTION XXXIII. Chapter 21, Zoning,of the South Bend Municipal Code, Article 6 Uses,
Section 21-06.03 Temporary Uses and Structures, subsection(k)Regulations for Temporary
Seasonal Retail Sales is hereby amended as follows:
(2) T di t t .,t,,. off st- et p rI o ed of 3 off s
Latreet
�.�,.
uset
2AA
SECTION XXXIV. Chapter 21, Zoning,of the South Bend Municipal Code,Article 7 Access
&Parking, Section 21-07.03 Vehicle Access&Parking, subsection(d)Off-Street Vehicle
Parking Area Access is hereby amended as follows:
(2) Whenever practical, if an alley is present and open to traffic,all vehicular
access shetrld shall take place from the alley. When an alley is not present,
access to corner lots from a secondary street is preferable to access from a
primary street.
(4) Curb cuts shall not be allowed on lots of less than 30' in width. Under a shared
driveway condition,this minimum may be reduced to 15' if the lots sharing the
driveway are at least 30' in width combined.
4)01
041
SECTION XXXV. Chapter 21,Zoning, of the South Bend Municipal Code, Article 7 Access
&Parking, Section 21-07.03 Vehicle Access&Parking, subsection(e) Design and
Construction of Off-Street Vehicle Parking Areas is hereby amended as follows:
(1) Parking Area Layout.The layout of all off-street parking areas shall be in
compliance with Table 21-07B or the most recent version in the Architectural
Graphic Standards for a Level of Service"A"or"B."An alley adjacent to the
lot may be used to meet the requirement for drive aisle width. The Zoning
Administrator may reduce any measurement within Table 21-07B by up to one
(1) foot on space-constrained lots.
SECTION XXXVI. Chapter 21,Zoning,of the South Bend Municipal Code,Article 7 Access
& Parking, Section 21-07.04 Off-Street Loading, subsection (e)Use of Loading Area is
hereby deleted in its entirety.
SECTION XXXVII. Chapter 21, Zoning,of the South Bend Municipal Code, Article 8
Building Standards, Section 21-08.01 Building Standards, subsection(c) Building Design is
hereby amended as follows:
(2) Primary facades shall be oriented to a front lot line. Building designs that
orient main entrances so that they are not visible from the primary street are
prohibited. Any entrance on a side facade shall be visible from the street or
clearly identified using architectural features, awnings/canopies, or lighting.
The Zoning Administrator may waive this requirement for buildings oriented
to a common open space or for Agricultural: Industrial, Manufacturing, &
Processing: Transportation: and Utilities uses in an I district.
SECTION XXXVIII. Chapter 21,Zoning,of the South Bend Municipal Code, Article 8
Building Standards, Section 21-08.01 Building Standards, subsection(e)Building Materials
for New Construction—Front and Corner Facades is hereby amended as follows:
(3) Standard, fluted, or split face concrete masonry units (CMUs)above the
basement level are prohibited as face material. Glazed or heavily polished
CMUs or CMUs that look like brick or stone are allowed.
(7) Security devices such as solid metal security gates,metal roll-down windows,
coiling shutters, and link/grill systems shall not be installed on front or corner
facades,except where such devices are at least 50 percent transparent and
located wholly behind a window or door, when viewed from the street or open
space.
(7)(8)
(-S)`) In a NC or DT district, the following additional regulations apply.
(A)Vinyl siding is prohibited.
afe-at-least--50-peFeent-tr-ansparent-aftel-1.eeated-whelly-behind-a-windew
Of door when, ed f{om the public right of way .
(G-)(B)Vents,air conditioners, and other utility elements,except where such
elements are enclosed, camouflaged, screened, obscured,or otherwise
not visible from the street, are prohibited as part of a front or corner
facade.
(-9)(U
Ii
SECTION XXXIX. Chapter 21, Zoning,of the South Bend Municipal Code, Article 8
Building Standards, Section 21-08.01 Building Standards, subsection(g)Building
Components is hereby amended as follows:
(5) Building Entrance. A point of ingress and egress for pedestrians into a
building, .
SECTION XL. Chapter 21, Zoning, of the South Bend Municipal Code,Article 8 Building
Standards, Section 21-08.02 Building Types, subsection (e)Detached House is hereby
amended as follows:
(3) Building Type Standards
Building Dimensions
Building Height
. S2, U3, OF districts 3 stories max.
All other districts 2.5 stories max.
SECTION XLI. Chapter 21,Zoning, of the South Bend Municipal Code, Article 8 Building
Standards, Section 21-08.02 Building Types, subsection (f)Cottage Court is hereby amended
as follows:
(3) Building Type Standards
Building Dimensions
Building Height
U2 district 1.5 storyies max.
All other districts 2 stories max.
SECTION XLII. Chapter 21,Zoning,of the South Bend Municipal Code, Article 8 Building
Standards, Section 21-08.02 Building Types, subsection(g)Duplex is hereby amended as
follows:
(3) Building Type Standards
Building Dimensions
Building Height
S1,Ul, U2 districts 2.5 storyies max.
All other districts 3 stories max.
Building Width
S 1, S2 districts 60' max.
All other districts 48' max.
Number of Dwelling Units
Duplex per Lot
S 1,U 1 districts 1 max.
All other districts 2 max.
SECTION XLIII. Chapter 21,Zoning, of the South Bend Municipal Code,Article 8 Building
Standards, Section 21-08.02 Building Types, subsection (h)Townhouse is hereby amended as
follows:
(3) Building Type Standards
Building Dimensions
Building Height 3 storyies max.
SECTION XLIV. Chapter 21,Zoning, of the South Bend Municipal Code,Article 8 Building
Standards, Section 21-08.02 Building Types, subsection(i) Apartment House is hereby
amended as follows:
(3) Building Type Standards
Building Dimensions
Building Height 3 storyies max.
SECTION-XLV. Chapter 21,Zoning, of the South Bend Municipal Code, Article 8 Building
Standards, Section 21-08.02 Building Types, subsection (j) Stacked Flats is hereby amended
as follows:
(3) Building Type Standards
Building Dimensions
Building Height Fsteries3 2 min./5 stories max.
Building Width
S2, DT districts 2.401 250' max.
All other districts 129' 150' max.
SECTION XLVI. Chapter 21,Zoning, of the South Bend Municipal Code,Article 8 Building
Standards, Section 21-08.02 Building Types, subsection(k) Shop is hereby amended as
follows:
(3) Building Type Standards
Building Dimensions
Facade Height
OF district 12' min.
All other districts 16' min.
Building Width
DT district 250' max
All other districts 150' max
SECTION XLVII. Chapter 21,Zoning, of the South Bend Municipal Code, Article 8
Building Standards, Section 21-08.03 Building Frontage Types, subsection(d) Stoop is
hereby amended as follows:
Standards
stoop shall be at least 18" „bove the sidewalk and shall directly connect to the
A stoop shall have., ailing o all be .,t le st l 8" .,hove ♦he .,.a;.,,,en
A stoop shall be at least 18" above the elevation of the city sidewalk achieved by
building an elevated stoop and/or building on an elevated lot.
A stoop shall connect to the city sidewalk directly or via a walkway or driveway.
A stoop shall have a railing, a wall, a covering,or be elevated at least 18" above an
adjoining driveway or walkway.
SECTION XLVIII. Chapter 21, Zoning,of the South Bend Municipal Code, Article 9 Site
Development, Section 21-09.01 Landscape, subsection(d)Minimum Plant Material Sizes at
Time of Planting is hereby amended as follows:
Table 21-09A: Minimum Size at Time of Planting
Plant Category Minimum Size
Deciduous Shade Tree 2 '/:" 1.75"caliper at 6"above ground
Deciduous Ornamental Tree 4 442 1.5"caliper at 6"above ground
SECTION XLIX. Chapter 21,Zoning, of the South Bend Municipal Code,Article 9 Site
Development, Section 21-09.01 Landscape, is hereby amended as follows:
Ground Cover
In a front yard, corner yard, or tree lawn, ground cover shall include, but is not
limited to, grasses; natural vegetated ground covers: preserved existing natural
vegetation(e.g., thickets); or mulch. Artificial turf or similar synthetic
material shall not be used.
( )(h)
(b)(i)
(i)(k)
(1)(l)
(4) The use of artificial turf for games courts or athletic fields if other
alternatives are not feasible. Any approval to allow artificial turf must
be noted in the landscape plan.
Wm)
f.m4(n)
SECTION L. Chapter 21, Zoning, of the South Bend Municipal Code, Article 9 Site
Development, Section 21-09.01 Landscape, subsection(1) Streetscape Trees is hereby
amended as follows:
(4) General Requirements
(C) Streetscape trees shall consist of native,deciduous shade trees and be
selected from the recommended list of tree species for South Bend_iffid
Trees must be eptffeved granted a permit by the City Forester.
SECTION LI. Chapter 21,Zoning, of the South Bend Municipal Code,Article 9 Site
Development, Section 21-09.01 Landscape, subsection (n)Landscape Buffer is hereby
amended as follows:
(2) Applicability
Table 21-09B: Buffers Required by Use
Uses Standards
Gas/Fuel Station 21-06.01(k)(11)
SECTION LII. Chapter 21,Zoning, of the South Bend Municipal Code,Article 9 Site
Development, Section 21-09.02 Fences& Walls, subsection (c) Height is hereby amended as
follows:
f A fence, greater than 50%open,providing safety at School, Pre-
K/Primary/Secondary and Day Care Center uses may be erected to a maximum
of 6 feet in height, irrespective of the above standards, to the extent determined
by the Zoning Administrator.
SECTION LIII. Chapter 21,Zoning, of the South Bend Municipal Code, Article 9 Site
Development, Section 21-09.05 Clear Sight Area, subsection(a)Clear Sight Area
Requirements is hereby amended as follows:
(1) Except in a NC or DT district,no building, structure, or improvement,
including landscape, shall be erected,placed, planted,or maintained so as to
interfere with a clear sight area located between the heights of 3 feet and 10
feet above the crown of a street, driveway,or alley. A clear sight area shall be
established for all streets and alleys,whether public or private.
SECTION LIV. Chapter 21,Zoning, of the South Bend Municipal Code, Article 10 Signs,
Section 21-10.01 General Provisions, Table 21-10A Allowed Temporary Signs is hereby
amended as follows:
Temporary Signs for a Non-Residential Use
Total Sign Surface Area
S 1, S2, U 1, U2, or U3 district 24 32 square feet max. total for all signs
per street frontage
SECTION LV. Chapter 21,Zoning,of the South Bend Municipal Code,Article 10 Signs,
Section 21-10.02 Exempt Signs, subsection(a)Exempt Signs is hereby amended as follows:
(10) Parking Lot Directional and Information Sign
(B) S 1, S2,U1,U2,U3, UF, and NC Districts—signs shall not exceed 4
square feet in surface area,Of nor shall they exceed 4 feet in height;
(C) DT, OS,U and C Districts—signs shall not exceed 6 square feet in
surface area,Of nor shall they exceed 4 feet in height;
(13) Window Sign. One window sign per non-residential use provided it does not
exceed 4 square feet .
SECTION LVI. Chapter 21,Zoning, of the South Bend Municipal Code,Article 10 Signs,
Section 21-10.04 Sign Measurement, subsection(b) Sign Height is hereby amended as
follows:
Sign height is measured as the vertical distance from the street-grade-at average
natural ground level within 2 feet of the base of the sign or sign structure, to the
highest point of the sign or sign structure.
SECTION LVII. Chapter 21, Zoning,of the South Bend Municipal Code,Article 9 Signs,
Section 21-10.05 On-Premise Signs, subsection (d)On-Premise Signs: Building Signs is
hereby amended as follows:
(5) Roof Signs
(A) Roof signs are only permitted in the NC,of DT,or I districts and shall
only be installed on a building with a flat roof.
(7) Wall Signs
(C) ,
unless to stablishm „t ext nds to rt,e „d sto abo .No
portion of a wall sign may extend above the roofline or parapet wall of
a building with a flat roof or above the lower eave of a building with a
pitched roof.
SECTION LVIII. Chapter 21,Zoning, of the South Bend Municipal Code,Article 10 Signs,
Section 21-10.07 Off-Premise Signs, subsection (d)Advertising Signs is hereby amended as
follows:
(1) Sign Surface Area for Advertising Signs
(A) Limited Access Highways and Arterial Streets-The maximum sign
surface area for advertising signs oriented toward a limited access
highway shall be 672 square feet.
SECTION LIX. Chapter 21,Zoning, of the South Bend Municipal Code, Article 12
Administration, Section 21-12.07 Development Review Procedures, subsection(f)Common
Procedures is hereby amended as follows:
(4) Use Variance Procedures
(A) Applicability
(-44 When. mbinationff'o a lot ; et allowed o—the
i�TJ b
4n-anif-ef-tbe-abow-eonditionsra A use variance cannot be
sought if a use could be permitted with a special exception.
(E) Procedure
When a combination of uses on a lot is not allowed in any of the
zoning districts, the property should be zoned into the district
that permits the most of those proposed uses and a use variance
sought for the balance of uses.
(-i )(iii)
O(iv)
(vixvii)
(viixviii)
(viii ix
(ix)(j
(f} xi
SECTION LX. Chapter 21, Zoning,of the South Bend Municipal Code,Article 13
Nonconformities& Enforcement, Section 21-13.01 Nonconformities, subsection(j)
Reconstruction,Remodeling, or Enlargement of a Legally Established Nonconforming 1 Unit
Dwelling or 2 Unit Dwelling is hereby amended as follows:
(2) Remodeled or enlarged, provided that such remodeling or additions comply
with the development standards of the applicable district related to maximum
building coverage, minimum setbacks (except as set forth in(1)below),
maximum setbacks, and building height, and ^ff street parkin^
SECTION LXI. This Ordinance shall be in full force and effect from and after its passage by
the Common Council and approval by the Mayor.
Canneth J. Lee,Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of , 2025,at o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of ,2025,at o'clock
.m.
James Mueller, Mayor
City of South Bend, Indiana
NO PLAN COM City Hall
215 S. Dr. Martin Luther Kin Jr. Blvd.
City of South Bend
so Suite500
South Bend,IN 46601
PLAN COMMISSION (574) 235-7627
Ae1.19400 www.southbendin.gov/zoning
December 8,2025
Filed in Clerk's Office
Honorable Dr. Oliver Davis
3rd Floor, City Hall Dec 8, 2025
South Bend, IN 46601
Bianca Tirado
City Clerk, South Bend, IN
RE: Proposed Zoning Text Amendment#7
Dear Committee Chair Dr. Davis:
Enclosed is an Ordinance for a proposed Text Amendment to Chapter 21. The Common Council
of the City of South Bend, Indiana,adopted a new zoning ordinance for the City of South Bend
that went into effect on January 1,2020. Since its last amendment in September 2021,use of the
Ordinance has identified a few standards that need further clarification,correction, or revision.
Changes to these standards will support a more vibrant, resilient community while improving the
ease of use of the zoning ordinance.
Please include the attached Ordinance on the Council agenda for first reading at your December
8,2025 Council meeting and set it for public hearing at your January 12, 2026 Council meeting.
The petition is tentatively scheduled for public hearing at the December 15,2025 South Bend
Plan Commission meeting. The recommendation of the South Bend Plan Commission will be
forwarded to the Office of the City Clerk by noon on the day following the public hearing.
If you have any questions, please call our office at(574)235-7627.
Sincerely,
Brian Killen
Zoning Administrator
Tim Corcoran Brian Killen Francisco Fotia
Planning Director Zoning Administrator Commission President
Filed in Clerk's Office
Dec 8, 2025
SUBSTITUTE BILL 'NO. 80-25
Bianca'firado
City Clerk, South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE
TO MAKE MISCELLANEOUS CHANGES FOR CLARIFICATION AND CONSISTENCY
TO SIMPLIFY DEVELOPMENT PROCESS AND
TO ACHIEVE HIGHER QUALITY DEVELOPMENT
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend, Indiana,adopted a new zoning ordinance
for the City of South Bend that went into effect on January 1,2020. Since its adoption in
November 2019,use of the Ordinance has identified a few standards that need further
clarification, correction, or revision. Changes to these standards will support a more vibrant,
resilient community while improving the ease of use of the zoning ordinance.
NOW,THEREFORE,be it ordained by the Common Council of the City of South Bend,
Indiana,as follows:
SECTION I. Chapter 21,Zoning,of the South Bend Municipal Code, Article 2 Definitions&
Measurements, Section 21-02.03 Measurements, subsection(b)Building Placement is hereby
amended as follows:
(3) Building Setbacks. A setback distance is measured perpendicularly from the
lot line to the closest exterior wall of a building's facade, exclusive of building
frontage type (e.g.,porch, stoop). A setback is measured from the greater of an
actual or proposed street right-of-way.
SECTION II. Chapter 21,Zoning, of the South Bend Municipal Code, Article 2 Definitions
&Measurements, Section 21-02.03 Measurements, subsection(d)Building Form is hereby
amended as follows:
(2) Building Height(Stories).
(D) A single one-story shared amenity space per building shall not count as
a story toward the maximum number if it meets the following criteria:
i. Is open only to building occupants and their guests;
ii. Has a gross floor area of no more than 25% of the gross floor
area of the floor below:
iii. Is set back where it is not visible from the street; and
iv. Has no significant impact,as determined by the Zoning
Administrator, on surrounding residential uses in a S 1, U 1, or
U2 district.
SECTION III. Chapter 21,Zoning, of the South Bend Municipal Code, Article 2 Definitions
&Measurements, Section 21-02.03 Measurements, subsection(e)Building Components is
hereby amended as follows:
(1) When a building component is allowed to be built into a minimum required
setback.,it is called an encroachment and shall meet all regulations for building
components per Section 21-08.01. Where a contextual setback is applied, the
Zoning Administrator may allow additional building frontage type
encroachment.
SECTION IV. Chapter 21,Zoning, of the South Bend Municipal Code,Article 2 Definitions
&Measurements, Section 21-02.03 Measurements, subsection(f)Building Standards is
hereby amended as follows:
(1) Facade Transparency.
(B) Facade transparency percentages are calculated independently
for each floor on each facade.
f3-)Lci
)ah Upper floor transparency is calculated based on the total façade
area located between the surface of any floor to the surface of
the floor above it or, if there is no floor above, from the surface
of the floor to the surface of the roof. The Zoning Administrator
may reduce the required transparency on the top floor of a
building by up to 50%for designs consistent with the building's
architectural style.
Building Width. Width is measured as the horizontal length of a building
facade measured parallel to a primary or secondary street. Building widths are
applied only to facades visible from a street.
(A) For the Stacked Flats, Shop, and Mid-Rise/Tower building types:
(i) Elevated hallway connections between structures that are set
back at least 20 feet from the front or corner facade shall not
count toward continuity of building width.
(ii) The Zoning Administrator may permit an increase in the
maximum building width of up to 25%to fill out the lot
frontage when it is contextually appropriate and the building
design meets the intent of the ordinance.
SECTION V. Chapter 21,Zoning,of the South Bend Municipal Code,Article 3 Standard
Districts, Section 21-03.01 S1 Suburban Neighborhood 1, subsection(g)Building
Components; Section 21-03.02 S2 Suburban Neighborhood 2, subsection(g) Building
Components; Section 21-03.03 U1 Urban Neighborhood 1, subsection(g)Building
Components; Section 21-03.04 U2 Urban Neighborhood 2, subsection(g)Building
Components are hereby amended as follows:
Allowed Encroachments (max.) Rear
Balcony Not Allowed 5'
SECTION VI. Chapter 21,Zoning, of the South Bend Municipal Code,Article 3 Standard
Districts, Section 21-03.01 S 1 Suburban Neighborhood 1, subsection(h)Building Standards
is hereby amended as follows:
Facade Transparency(min.)
Ground Floor-Front Facade 10%
Ground Floor-Corner Facade 5%
Upper Floor-Front Facade 10%
Upper Floor-Corner Facade 5%
SECTION VII. Chapter 21,Zoning, of the South Bend Municipal Code,Article 3 Standard
Districts, Section 21-03.01 S 1 Suburban Neighborhood 1, subsection(j)Landscape; Section
21-03.02 S2 Suburban Neighborhood 2, subsection(j) Landscape; Section 21-03.03 Ul Urban
Neighborhood 1, subsection(j)Landscape; Section 21-03.04 U2 Urban Neighborhood 2,
subsection(j)Landscape; Section 21-03.05 U3 Urban Neighborhood 3, subsection(j)
Landscape; Section 21-03.06 OF Urban Neighborhood Flex, subsection(j)Landscape;
Section 21-03.07 NC Neighborhood Center, subsection(j)Landscape; Section 21-03.08 DT
Downtown, subsection (j)Landscape are hereby amended as follows:
1 An existing tree of at least 22 1.75"may fulfill this requirement.
SECTION VIII. Chapter 21,Zoning,of the South Bend Municipal Code, Article 3 Standard
Districts, Section 21-03.02 S2 Suburban Neighborhood 2, subsection(h)Building Standards
is hereby amended as follows:
Facade Transparency(min.)
Ground Floor-Front Facade 10%
Ground Floor-Corner Facade 5%
Upper Floor- Front&Corner Facade 15%
SECTION IX. Chapter 21,Zoning, of the South Bend Municipal Code, Article 3 Standard
Districts, Section 21-03.03 U1 Urban Neighborhood 1, subsection(c)Principal Uses is hereby
amended as follows:
Dwelling, 2 Units Special eption Allowed subject to Conditions with Use
Specific Standards.
SECTION X. Chapter 21, Zoning,of the South Bend Municipal Code, Article 3 Standard
Districts, Section 21-03.03 U1 Urban Neighborhood 1, subsection(d)Building Placement is
hereby amended as follows:
Lot Width 1 30' min.
Building Setbacks Front4 Side 2
1 Lot width may be reduced to 20' for attached dwellings.
42
43
SECTION XI. Chapter 21,Zoning, of the South Bend Municipal Code,Article 3 Standard
Districts, Section 21-03.05 U3 Urban Neighborhood 3, subsection(g)Building Components;
Section 21-03.06 UF Urban Neighborhood Flex, subsection(g)Building Components are
hereby amended as follows:
Allowed Encroachments(max.) Rear
Balcony Net-allowed 3'
SECTION XII. Chapter 21,Zoning, of the South Bend Municipal Code,Article 3 Standard
Districts, Section 21-03.06 UF Urban Neighborhood Flex, subsection(f) Building Form is
hereby amended as follows:
Building Design
Total Non-Residential or Non-Civic Use(max.) 5,000 square feet
Total Retail & Scrvicc Usc(max.) 2,500 square foot
SECTION XIII. Chapter 21,Zoning,of the South Bend Municipal Code, Article 3 Standard
Districts, Section 21-03.07 NC Neighborhood Center, subsection(c)Principal Uses is hereby
amended as follows:
Gas/Fuel Station
SECTION XIV. Chapter 21,Zoning,of the South Bend Municipal Code,Article 3 Standard
Districts, Section 21-03.08 DT Downtown, subsection (c)Principal Uses is hereby amended
as follows:
Gas/Fuel Station
Beer/Wine/Liquor Sales Allowed Special Exception
Tobacco/Hookah/Vaping Allowed Special Exception
SECTION XV. Chapter 21, Zoning,of the South Bend Municipal Code,Article 3 Standard
Districts, Section 21-03.08 DT Downtown, subsection(d)Building Placement is hereby
amended as follows:
Lot Size
Lot Width 2 15' min
SECTION XVI. Chapter 21, Zoning,of the South Bend Municipal Code,Article 4 Special
Districts, Section 21-04.01 OS Open Space, subsection(i)Landscape; Section 21-04.02 U
University, subsection(i) Landscape; Section 21-04.03 C Commercial, subsection(i)
Landscape; Section 21-04.04 I Industrial, subsection(i)Landscape are hereby amended as
follows:
'An existing tree of at least 2. 1.75"may fulfill this requirement.
SECTION XVII. Chapter 21,Zoning, of the South Bend Municipal Code,Article 4 Special
Districts, Section 21-04.03 C Commercial, subsection (b)Principal Uses; Section 21-04.04 I
Industrial, subsection(b)Principal Uses is hereby amended as follows:
Gas/Fuel Station Allowed Special Exception
Beer/Wine/Liquor Sales Allowed Special Exception
Tobacco/Hookah/Vaping Allowed Special Exception
SECTION XVIII. Chapter 21,Zoning, of the South Bend Municipal Code, Article 4 Special
Districts, Section 21-04.04 I Industrial, subsection(f)Building Components is hereby
amended as follows:
Main entrances shall be prominently located and visible from the primary street or
open space-; the Zoning Administrator may waive this requirement for any
Agricultural; Industrial, Manufacturing,& Processing; Transportation; or Utilities use
if not needed to meet the intent of this ordinance.
SECTION XIX. Chapter 21,Zoning, of the South Bend Municipal Code,Article 4 Special
Districts, Section 21-04.04 I Industrial, subsection(g)Building Standards is hereby amended
as follows:
Standard, fluted, or split face concrete masonry units (CMUs)above the basement
level are prohibited as face material. Glazed or heavily polished CMUs or CMUs that
look like brick or stone are allowed.
SECTION XX. Chapter 21,Zoning, of the South Bend Municipal Code,Article 5 Special
Districts, Section 21-05.02 NNZO Northeast Neighborhood Zoning Overlay, subsection(d)
Uses is hereby amended as follows:
ffi Dwelling, Ancillary
(A) In a SI or Ul district, the owner(s) of the lot upon which the ancillary
dwelling is located shall occupy at least one of the dwelling units on the
premises as their primary residence.
(021
SECTION XXI. Chapter 21,Zoning, of the South Bend Municipal Code, Article 4 Special
Districts, Section 21-05.02 NNZO Northeast Neighborhood Zoning Overlay, subsection(I)
Building Standards is hereby amended as follows:
(2) Building Materials
(4)-)
en-frent-w-eeFner-faeadesTexeept-where-sueh-cleviees-are-at-least--54
pereont tra.>sparency an,d located wholly behind a now er,door
>
(F)E)
( F�
SECTION XXII. Chapter 21,Zoning, of the South Bend Municipal Code, Article 6 Uses,
Section 21-06.01 Principal Uses,Table 21-06A: Principal Uses by Zoning District is hereby
amended as follows:
Residential U1
Dwelling, 2 Units Speeiel-Exeeption Allowed subject to Conditions with
Use Specific Standards
Retail & Service DT
Beer/Wine/Liquor Sales Allowed Special Exception
Tobacco/Hookah/Vaping Allowed Special Exception
Retail & Service C,I
Beer/Wine/Liquor Sales Allowed Special Exception
Gas/Fuel Station Allowed Special Exception
Tobacco/Hookah/Vaping Allowed Special Exception
SECTION XXIII. Chapter 21,Zoning, of the South Bend Municipal Code, Article 6 Uses,
Section 21-06.01 Principal Uses, subsection(j)Residential is hereby amended as follows:
(1) Dwelling,Ancillary
(A) Standards:
(ii) In a S 1 or U 1 district, the owncr(s)of the lot upon which the
dwelling units on the„
iii
(- iv
(vii)fvi
(3) Dwelling, 2 Units
(A) Standards:
(i) In a U1 district,a conversion to add one dwelling unit, other
than an ancillary dwelling, to an existing structure shall require
a special exception.
( ii
SECTION XXIV. Chapter 21,Zoning, of the South Bend Municipal Code,Article 6 Uses,
Section 21-06.01 Principal Uses, subsection(k) Retail& Services is hereby amended as
follows:
(7) Drive-Through Facility
(A) Standards:
(iii) A drive-through facility shall not cause any interference to a
public right-of-way or conflict with safe movement along
sidewalks or walkways, to building entrances or exits, or to
fequifed parking spaces.
(, i) n dr thr ,.tom f ility shall ide ,f c nt f ..t
(viiiXvii)
(ix viii
(-*)fix
(11) Gas/Fuel Station
(A) Standards:
(i) Gasoline-Fuel dispensers and pump island canopies shall not be
located within any minimum required setback. In a NC or DT
district,gasoline fuel dispensers and pump island canopies shall
not be located in an established front or corner yard.
(ii) Gas/fuel stations shall not cause any interference to a public
right-of-way or conflict with safe movement along sidewalks or
walkways, to building entrances or exits, or to required parking
spaces.
(iii) The site design of any gas/fuel station shall provide for the safe
and efficient ingress and egress to the site for fuel delivery
vehicles and an area for such fuel delivery vehicles to park
while unloading which does not interfere with or impede ingress
or egress to or from any public street, required parking spaces,
or any gasoline fuel sales area.
(vi) A gas/fuel station canopy shall be consistent in design and
materials with the primary building, shall be neutral colored,
and shall have masonry support columns.
(21) Vehicle Sales or Rental
(A) Standards:
(iii) A vehicle sales or rental use shall have a minimum lot size of
120' by 180'.
(rii) iv
vi
vii
(vii viii
(fix)
(22) Vehicle Service,Major
(A) Standards:
(ii) No partially dismantled,wrecked, or unregistered vehicle shall
be stored outdoors for more than 14 38 days, except in an I
district, where the maximum time shall be 30 days.
SECTION XXV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses,
Section 21-06.01 Principal Uses,subsection(k)Retail&Services, Gas Station diagrams are
hereby amended as follows:
Gas/fuel station layout for an urban location
Gas/fuel station layout for a suburban location
SECTION XXVI. Chapter 21,Zoning, of the South Bend Municipal Code,Article 6 Uses,
Section 21-06.01 Principal Uses, subsection(1)Transportation is hereby amended as follows:
(4) Parking Lot
(A) Standards:
(i) See Section 21-07.03( 0W for parking structure regulations.
SECTION XXVII. Chapter 21,Zoning, of the South Bend Municipal Code,Article 6 Uses,
Section 21-06.02 Accessory Uses and Structures, subsection(b)Applicability is hereby
amended as follows:
111 Any structure that is less than 4 square feet in area and 9 feet in height,
including,but not limited to, little free libraries and electric vehicle charging
stations, shall not be considered an accessory structure.
SECTION XXVIII. Chapter 21,Zoning,of the South Bend Municipal Code, Article 6 Uses,
Section 21-06.02 Accessory Uses and Structures, subsection(e) Maximum Number of
Accessory Buildings is hereby amended as follows:
A lot in a Si. S2,U1, U2,U3, or OF district shall not have more than one detached
accessory building;however,the following structures shall not count for the purposes
of this calculation.
(2) Any structure that is less than 4 square feet in area and 6 feet in height.
Sj
,131 A pergola of 200 square feet or less that is no taller than the eave of the
primary structure or 18',whichever is less.
SECTION XXIX. Chapter 21,Zoning, of the South Bend Municipal Code,Article 6 Uses,
Section 21-06.02 Accessory Uses and Structures, subsection(f)Accessory Use Definitions
and Standards is hereby amended as follows:
(4) Chickens, Chicken Coops, and Chicken Pens
(C) Construction
(i) The chicken coop shall be enclosed with solid material on all
sides and have a solid roof and door(s). The coop shall be at
least 18 inches high,and provide at least 4-2 square foot of floor
area per chicken. Traditional building materials shall be used.
Doors shall be constructed so that they can shut and lock. Vents,
covered with wire,will be placed as necessary for adequate
ventilation. The coop shall be impermeable to rodents,wild
birds,and predators, including dogs and cats.
(12) Home Occupations
(A) Standards
(i) The home occupation shall be located within a fully enclosed
building owned or occupied by the resident of the site..-
(iii) No more than one client may be served or instructed at a time.
Clients may not be served or instructed before 7:00 a.m. or after
9:00 p.m.
(vi) There shall be no additional or separate entrance to the primary
dwelling facing the street for the purpose of conducting the
home occupation.
(B) Prohibited Home Occupations.The following uses,by the nature of
the investment or operation, have a pronounced tendency,once started,
to rapidly increase beyond the limits specified above for home
occupations and impair the use,value and quiet enjoyment of adjacent
residential properties. Therefore, the following uses specified below
and other similar or comparable uses shall not be permitted as home
occupations: Bar/Tavem/Restaurant; Beer/Wine/Liquor Sales;
Freight/Trucking/Shipping; Industrial(any); Medical/Dental Clinic;
Tobacco/Hookah/Vaping; Vehicle Service(any); and Veterinary Clinic,
Kennel, or Stable.
(i) Antique, Book or Gift Shop
(ii) Appliance Repair, large or small
(iii) Barber Shop/Beauty Shop
(iv) Bicycle Repair or Service
(v) Dance, Yoga, or Exercise Studio
(vi) Dental Office or Clinic
(vii) Freight, Trucking or Shipping
(ix) Medical Office or Clinic
(x) Painting of Vehicles,Trailers, Boats, etc.
(xii) Private Schools with Organized Clacks
(xiv) Upholstering
(xv) Television or Radio Repair
(xix) Veterinary Clinic,Kennel, or Stable
(C) Permitted Home Occupations.By way of example, the following
uses,when conducted in compliance with the conditions set forth above,
qualify as permitted home occupations: Animal Care Establishment(i.e., Pet
Grooming); Childcare Home as defined by IC 12-7-2-28.6; Food Preparation
as defined in IC 16-42-5.3; Personal Care& Services, including,but not
limited to Baking, Barber/Beauty Shop, and Teaching/Tutoring(including
musical instruments, dance,yoga); and Professional Offices.
(i) Artist's, Musician's, or Writer's Studio
(ii) Cake M king or Deeerati„g(„ot a catering o al
baker., f cility)
(iii) Childcare Home as defined by IC 12 7 2 28.6
(iv)
(v) Dr-essmaking7Millinefyr Sewing- T r ailo
`(yi) Home School, : ludi cng Cottag Schools
(vii) Personal Office
..he,, limited to pil t a time
(ix) Internet Sales, exclusively online
(24) Solar Energy System
(A) Standards:
(v) Ground-mounted solar energy systems are limited to a
maximum height of 4-2 18 feet. Power transmission lines from a
ground mounted solar energy system to any structure shall be
located underground, if possible, and shall be completely
shielded against shock hazard.
SECTION XXX. Chapter 21,Zoning,of the South Bend Municipal Code, Article 6 Uses,
Section 21-06.02 Accessory Uses and Structures, subsection(f)Accessory Use Definitions
and Standards,(27)Trash Containers is hereby deleted and replaced as follows:
(27) Trash and Recycling Containers
Designated outdoor storage areas and equipment used to collect refuse and
recyclables.
(A) Standards
(i) Any trash or recycling container or combination of containers
exceeding 36 cubic feet in capacity shall be placed on an
impervious surface and screened on all sides by a building or a
solid-walled enclosure not less than 6 feet in height nor more
than 10 feet in height above grade and equipped with an opaque
screen gate.
(ii) The solid-walled portion of the enclosure shall be similar in
design and materials to those of the building facade and shall be
built to grade. Fences shall not be considered as a solid wall,
and chain link fences with slats shall not be used as gate
material.
(iii) Gates or doors of the enclosure shall be kept completely closed
except when refuse is being added or removed.
(iv) Building foundation landscape, designed per Section 21-
09.01(m), shall be installed along any sides of the enclosure not
screened by a building.
(v) The Zoning Administrator,upon request by an applicant,shall
have the authority to approve an alternate design subject to the
provisions below, as long as the intent of the ordinance is met.
a. Enclosure, material, and landscaping requirements may
be reduced or waived if the enclosure is adjacent to and
accessed from an alley and is not visible from a street.
b. An opaque fence may be used in place of a solid wall if
the enclosure is located in an established rear yard or in
a side yard not visible from a street and is designed so
that refuse cannot leak or blow under it.
c. Landscaping may be reduced or waived if the enclosure
is located in an established rear yard or in a side yard not
visible from a street.
SECTION XXXI. Chapter 21,Zoning, of the South Bend Municipal Code,Article 6 Uses,
Section 21-06.03 Temporary Uses and Structures, subsection (e)Duration is hereby amended
as follows:
Except as specifically provided otherwise in this section-, a temporary use, building or
structure shall be permitted for a period not to exceed one year. Except as specifically
provided otherwise in this section, the improvement location permit, if required,may
be renewed one or more times by the Zoning Administrator, for good cause shown, for
an additional period(s)not to exceed a total of three years beyond the original
expiration date.
SECTION XXXII. Chapter 21,Zoning, of the South Bend Municipal Code,Article 6 Uses,
Section 21-06.03 Temporary Uses and Structures, subsection(j) Regulations for Mobile
Classrooms is hereby amended as follows:
(1) Mobile classrooms shall be for use by-a within the following Civic &
Institutional Use types: College/University, Religious Institution, School, Pre-
K/Primary/Secondary;of and
SECTION XXXIII. Chapter 21,Zoning,of the South Bend Municipal Code,Article 6 Uses,
Section 21-06.03 Temporary Uses and Structures, subsection (k)Regulations for Temporary
Seasonal Retail Sales is hereby amended as follows:
(2) In district. .,ho off st. et p .-I. ed of 3 o_ff st. et
u$e-
(37LL
44321
l
�G7LL1
SECTION XXXIV. Chapter 21, Zoning,of the South Bend Municipal Code, Article 7 Access
&Parking, Section 21-07.03 Vehicle Access&Parking, subsection(d)Off-Street Vehicle
Parking Area Access is hereby amended as follows:
(2) Whenever practical, if an alley is present and open to traffic,all vehicular
access should shall take place from the alley. When an alley is not present,
access to corner lots from a secondary street is preferable to access from a
primary street.
(4) Curb cuts shall not be allowed on lots of less than 30' in width. Under a shared
driveway condition,this minimum may be reduced to 15' if the lots sharing the
driveway are at least 30' in width combined.
44315.),
(5)01
4'3m
SECTION XXXV. Chapter 21, Zoning,of the South Bend Municipal Code,Article 7 Access
&Parking, Section 21-07.03 Vehicle Access&Parking, subsection(e) Design and
Construction of Off-Street Vehicle Parking Areas is hereby amended as follows:
(1) Parking Area Layout.The layout of all off-street parking areas shall be in
compliance with Table 21-07B or the most recent version in the Architectural
Graphic Standards for a Level of Service"A"or"B."An alley adjacent to the
lot may be used to meet the requirement for drive aisle width. The Zoning
Administrator may reduce any measurement within Table 21-07B by up to one
(1) foot on space-constrained lots.
SECTION XXXVI. Chapter 21,Zoning,of the South Bend Municipal Code,Article 7 Access
&Parking, Section 21-07.04 Off-Street Loading, subsection (e)Use of Loading Area is
hereby deleted in its entirety.
SECTION XXXVII. Chapter 21,Zoning, of the South Bend Municipal Code, Article 8
Building Standards, Section 21-08.01 Building Standards, subsection(c)Building Design is
hereby amended as follows:
(2) Primary facades shall be oriented to a front lot line. Building designs that
orient main entrances so that they are not visible from the primary street are
prohibited. Any entrance on a side facade shall be visible from the street or
clearly identified using architectural features, awnings/canopies, or lighting.
The Zoning Administrator may waive this requirement for buildings oriented
to a common open space or for Agricultural; Industrial, Manufacturing, &
Processing; Transportation; and Utilities uses in an I district.
SECTION XXXVIII. Chapter 21, Zoning,of the South Bend Municipal Code,Article 8
Building Standards, Section 21-08.01 Building Standards, subsection(e) Building Materials
for New Construction—Front and Corner Facades is hereby amended as follows:
(3) Standard, fluted, or split face concrete masonry units(CMUs)above the
basement level are prohibited as face material. Glazed or heavily polished
CMUs or CMUs that look like brick or stone are allowed.
O7 Security devices such as solid metal security gates,metal roll-down windows,
coiling shutters, and link/grill systems shall not be installed on front or corner
facades,except where such devices are at least 50 percent transparent and
located wholly behind a window or door, when viewed from the street or open
space.
(7(8)
(8)0 In a NC or DT district, the following additional regulations apply.
(A)Vinyl siding is prohibited.
oiling shutters ,,,a d; n gates
aFe-at-least-544-pereent-transparent-ancl-leeated-whelly-behincl-a-windew
r door when, ed f em tt,e public right of wa,> .
(G)(B)Vents, air conditioners, and other utility elements, except where such
elements are enclosed, camouflaged, screened, obscured,or otherwise
not visible from the street, are prohibited as part of a front or corner
facade.
(9)U
SECTION XXXIX. Chapter 21, Zoning,of the South Bend Municipal Code,Article 8
Building Standards, Section 21-08.01 Building Standards, subsection(g) Building
Components is hereby amended as follows:
(5) Building Entrance. A point of ingress and egress for pedestrians into a
building, .
SECTION XL. Chapter 21,Zoning,of the South Bend Municipal Code,Article 8 Building
Standards, Section 21-08.02 Building Types, subsection(e) Detached House is hereby
amended as follows:
(3) Building Type Standards
Building Dimensions
Building Height
S2,U3, OF districts 3 stories max.
All other districts 2.5 stories max.
SECTION XLI. Chapter 21,Zoning, of the South Bend Municipal Code, Article 8 Building
Standards, Section 21-08.02 Building Types, subsection(f)Cottage Court is hereby amended
as follows:
(3) Building Type Standards
Building Dimensions
Building Height
U2 district 1.5 storyies max.
All other districts 2 stories max.
SECTION XLII. Chapter 21,Zoning,of the South Bend Municipal Code, Article 8 Building
Standards, Section 21-08.02 Building Types, subsection (g)Duplex is hereby amended as
follows:
(3) Building Type Standards
Building Dimensions
Building Height
Si,Ul, U2 districts 2.5 storyies max.
All other districts 3 stories max.
Building Width
S I, S2 districts 60' max.
All other districts 48' max.
Number of Dwelling Units
Duplex per Lot
Si.U1 districts 1 max.
All other districts 2 max.
SECTION XLIII. Chapter 21,Zoning, of the South Bend Municipal Code,Article 8 Building
Standards, Section 21-08.02 Building Types, subsection(h)Townhouse is hereby amended as
follows:
(3) Building Type Standards
Building Dimensions
Building Height 3 storyies max.
SECTION XLIV. Chapter 21, Zoning,of the South Bend Municipal Code,Article 8 Building
Standards, Section 21-08.02 Building Types, subsection (i)Apartment House is hereby
amended as follows:
(3) Building Type Standards
Building Dimensions
Building Height 3 storyies max.
SECTION XLV. Chapter 21,Zoning, of the South Bend Municipal Code, Article 8 Building
Standards, Section 21-08.02 Building Types, subsection (j) Stacked Flats is hereby amended
as follows:
(3) Building Type Standards
Building Dimensions
Building Height(storics) 2 min./5 stories max.
Building Width
S2, DT districts 2-491 250' max.
All other districts 120! 150' max.
SECTION XLVI. Chapter 21,Zoning, of the South Bend Municipal Code,Article 8 Building
Standards, Section 21-08.02 Building Types, subsection(k) Shop is hereby amended as
follows:
(3) Building Type Standards
Building Dimensions
Facade Height
OF district 12' min.
All other districts 16' min.
Building Width
DT district 250' max
All other districts 150' max
SECTION XLVII. Chapter 21,Zoning,of the South Bend Municipal Code, Article 8
Building Standards, Section 21-08.03 Building Frontage Types, subsection(d) Stoop is
hereby amended as follows:
Standards
A s+...... ..h ll 4 e at 1......E 1 8" ..L.oye the sidewalk and sh ll .1:....ctly c ect to the
A stoop shall be at least 18" above the elevation of the city sidewalk achieved by
building an elevated stoop and/or building on an elevated lot.
A stoop shall connect to the city sidewalk directly or via a walkway or driveway.
A stoop shall have a railing, a wall,a covering, or be elevated at least 18"above an
adjoining driveway or walkway.
SECTION XLVIII. Chapter 21, Zoning,of the South Bend Municipal Code, Article 9 Site
Development, Section 21-09.01 Landscape, subsection(d)Minimum Plant Material Sizes at
Time of Planting is hereby amended as follows:
Table 21-09A: Minimum Size at Time of Planting
Plant Category Minimum Size
Deciduous Shade Tree 2 '/2" 1.75" caliper at 6"above ground
Deciduous Ornamental Tree -1442 1.5"caliper at 6"above ground
SECTION XLIX. Chapter 21,Zoning, of the South Bend Municipal Code,Article 9 Site
Development, Section 21-09.01 Landscape, is hereby amended as follows:
Ground Cover
In a front yard,corner yard,or tree lawn, ground cover shall include, but is not
limited to, grasses; natural vegetated ground covers:preserved existing natural
vegetation(e.g., thickets): or mulch. Artificial turf or similar synthetic
material shall not be used.
(e)(h)
(h)(i)
ail
(i)(k)
(l)(1)
(4) The use of artificial turf for games courts or athletic fields if other
alternatives are not feasible. Any approval to allow artificial turf must
be noted in the landscape plan.
(-H(m)
O(n)
fo3(p)
SECTION L. Chapter 21,Zoning, of the South Bend Municipal Code, Article 9 Site
Development, Section 21-09.01 Landscape, subsection(1) Streetscape Trees is hereby
amended as follows:
(4) General Requirements
(C) Streetscape trees shall consist of native,deciduous shade trees and be
selected from the recommended list of tree species for South Bend_and
Trees must be approved granted a permit by the City Forester.
SECTION LI. Chapter 21,Zoning, of the South Bend Municipal Code,Article 9 Site
Development, Section 21-09.01 Landscape, subsection(n)Landscape Buffer is hereby
amended as follows:
(2) Applicability
Table 21-09B: Buffers Required by Use
Uses Standards
Gas/Fuel Station 21-06.01(k)(11)
SECTION LII. Chapter 21,Zoning, of the South Bend Municipal Code,Article 9 Site
Development, Section 21-09.02 Fences& Walls, subsection(c)Height is hereby amended as
follows:
(4) An-open fence more than 50%open enclosing a game court as defined by
Section 21-06.02(0(9)may be erected to a maximum of 12 feet in height,
irrespective of the above standards.
0.1 A fence more than 50%open providing safety at School,Pre-
K/Primarv/Secondary and Day Care Center uses may be erected to a maximum
of 6 feet in height, irrespective of the above standards,to the extent determined
by the Zoning Administrator.
SECTION LIII. Chapter 21,Zoning,of the South Bend Municipal Code,Article 9 Site
Development, Section 21-09.05 Clear Sight Area, subsection(a)Clear Sight Area
Requirements is hereby amended as follows:
(1) Except in a NC or DT district,no building, structure, or improvement,
including landscape, shall be erected,placed, planted, or maintained so as to
interfere with a clear sight area located between the heights of 3 feet and 10
feet above the crown of a street, driveway,or alley. A clear sight area shall be
established for all streets and alleys, whether public or private.
SECTION LIV. Chapter 21,Zoning, of the South Bend Municipal Code, Article 10 Signs,
Section 21-10.01 General Provisions, Table 21-10A Allowed Temporary Signs is hereby
amended as follows:
Temporary Signs for a Non-Residential Use
Total Sign Surface Area
S 1, S2,U 1, U2, or U3 district 24 32 square feet max. total for all signs
per street frontage
SECTION LV. Chapter 21,Zoning,of the South Bend Municipal Code,Article 10 Signs,
Section 21-10.02 Exempt Signs, subsection(a)Exempt Signs is hereby amended as follows:
(10) Parking Lot Directional and Information Sign
(B) S 1, S2,U1,U2,U3, UF, and NC Districts—signs shall not exceed 4
square feet in surface area,OF nor shall they exceed 4 feet in height;
(C) DT,OS,U and C Districts—signs shall not exceed 6 square feet in
surface area,of nor shall they exceed 4 feet in height;
(13) Window Sign. One window sign per non-residential use provided it does not
exceed 4 square feet .
SECTION LVI. Chapter 21,Zoning, of the South Bend Municipal Code, Article 10 Signs,
Section 21-10.04 Sign Measurement, subsection(b) Sign Height is hereby amended as
follows:
Sign height is measured as the vertical distance from the street-grade-at average
natural ground level within 2 feet of the base of the sign or sign structure, to the
highest point of the sign or sign structure.
SECTION LVII. Chapter 21, Zoning,of the South Bend Municipal Code, Article 9 Signs,
Section 21-10.05 On-Premise Signs, subsection (d)On-Premise Signs: Building Signs is
hereby amended as follows:
(5) Roof Signs
(A) Roof signs are only permitted in the NC,OF DT,or I districts and shall
only be installed on a building with a flat roof.
(7) Wall Signs
(C) No all xtend abo a tho n.io ills of tho „`l y,st
ll 1 f,+
nle tl.e stabl:shm nt xtends to the o nd sto abo. No
portion of a wall sign may extend above the roofline or parapet wall of
a building with a flat roof or above the lower eave of a building with a
pitched roof.
SECTION LVIII. Chapter 21,Zoning, of the South Bend Municipal Code,Article 10 Signs,
Section 21-10.07 Off-Premise Signs, subsection (d)Advertising Signs is hereby amended as
follows:
(1) Sign Surface Area for Advertising Signs
(A) Limited Access Highways -The maximum sign
surface area for advertising signs oriented toward a limited access
highway shall be 672 square feet.
SECTION LIX. Chapter 21,Zoning, of the South Bend Municipal Code, Article 12
Administration, Section 21-12.07 Development Review Procedures, subsection(f)Common
Procedures is hereby amended as follows:
(4) Use Variance Procedures
(A) Applicability
(ii)
A use variance cannot be
sought if a use could be permitted with a special exception.
(E) Procedure
fl When a combination of uses on a lot is not allowed in any of the
zoning districts, the property should be zoned into the district
that permits the most of those proposed uses and a use variance
sought for the balance of uses.
( ) ii
(4i)(iii)
( iv
(;' v
(vixvii)
(vii)
(viii)(ix)
(ix)(
(x) xi
(xi xii
SECTION LX. Chapter 21, Zoning,of the South Bend Municipal Code,Article 13
Nonconformities&Enforcement, Section 21-13.01 Nonconformities, subsection (j)
Reconstruction,Remodeling, or Enlargement of a Legally Established Nonconforming 1 Unit
Dwelling or 2 Unit Dwelling is hereby amended as follows:
(2) Remodeled or enlarged, provided that such remodeling or additions comply
with the development standards of the applicable district related to maximum
building coverage, minimum setbacks (except as set forth in(1)below),
maximum setbacks, and building height, and off street parking.
SECTION LXI. This Ordinance shall be in full force and effect from and after its passage by
the Common Council and approval by the Mayor.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of ,2025,at o'clock .m.
Bianca L. Tirado,City Clerk
Office of the City Clerk
Approved and signed by me on the day of ,2025,at o'clock
.m.
James Mueller, Mayor
City of South Bend, Indiana
Filed in Clerk's Office
Zoning Ordinance Amendment#7
Dec 8,2025
Last Updated 12/5/2025
Bianca Tirado
General updates providing a clarification and/or correction Er an existing rule,such as a typographical,consistency.and cross reference revision are addressed in the following sections: City Clerk,South Bend IN
21-02.03(03);21-02.030)(1)(B-new(:21-05.02(fl(2)(D);21-06.01(k)(7)l0lil);21-06.01(l„3l(A)(II);21-06.021t)(12)(A)lil;21-06.03(el:21-06.03(1);21-06.031k);21-07.03(d112);21-07.04(e)
21-08.01(eg8gB);21-O8.O1(g)(5):21-08.02(h1(3);21-08.02(r131:21-09.01111W1(c):21-09.02(cM4):21-10.02(a)(10NB):21-10.02)ag1o)(C):21-10.07(d01)(A);21-12.07(f)(4RA);21-13.010)2)
Standard Ordinance Sections Item Proposed Change Rationale
21-06.010)(111A)11i) ADU Occupancy Requirement Eliminate owner-occupancy requirement for ADUs(everywhere except NNZO) Promote ancillary dwellings which are beneficial to the housingsupfxy and affordability.
21-06.02(b)(4)new EV Charging Station Update Exempts free libraries and EV charging stations from accessory structure rules Modernize rules to align with vehicle fueling options.
21-06.02(e) Maximum Number of Accessory Buildings Eliminates accessory building limits in commercial and industrial distrlds Allow for more functional land use and consistent with the character of non-residential districts.
21-06.02(e)12) EVChargig Station Update Exempts free libraries and EVchargng stations from accessory structure rules Modernize rules to align with vehicle fueUngoptions.
g 21-06.02(e113)new Accessory Buidungs Allow for Pergolas as long as criteria are met Avoids need for variances for this typical accessory type. _
Z `Avoids need for variances for typical permit requests and to promote renewable energy.Also aligns with accessory
S 21-08.02(f)(24)(A)ty) Max height ground mounted solar energy system Increase max height ground mounted solar energy system from 12'to 18' -
standards.
Rewrite of the trash and recycling encosure rules,adding allowable alternatives to
21-06.02(1)(27) Trash Enclosure enclosure requirements when not visible from street Provide clarity and allows for more cost-effective construction and administrative flexibility.
`
21-06A20)(4)(C)(I) Size of chicken coop 2sq ft minimum floor area per chicken In a coop Creates consistency with Chapter 5,Animal Welfare regulations.
21-02.03(d)(211D) BuildingStories and RooftopAllow Zoning Administrator to waive stories standard for rooftop ameNty spaces above4
" Spaces _stales,conditlonsapply Allows for administrative flexibility and eliminates need for variance.
Allows ZoningAdminsrrator to Increase building frontage encroachment when a contextual
21-02.03(.3E1) Contextual Setback setback Is applied AUoasfor contextual placement of building frontages.
n Add a Building Width dehnl0on,Including a Zoning Admnistrator waiver for the max width of
L 21-02.03(f)(2)new Building VAdth definition certain builtlirg types. Improves user understanding by more clearly statingepsung rules for building standards.
u
5, 21-03.01(h) Facade transparency in S1 Adds facade transparency In Si-10%front,5%corner
0 23-03.02(h) Facade transparency in S2 Adds facade transparency In S2-10%from-gound,5%corner-grou nd,15%front 8 corner- Creates more appealing residential Wilding designs
upper _
21-08.01(c)(2) Building Entrance-Industrial Allow Zoning Administrator to waNe front entrance requirement for I Industrial _Allows for flexibility in building design.
00 21-08.01(03) Facade Materials Allow CMUs that look like brick or stone Improves user understanding by providing a clarification and/or correction to an edatlngrule.Also,allows for more
flexibility in use of currently available design materials.
Zoning Administrator can reduce the required transparency by 50%for certain top floor
21-02.03(f)(1)(C) Transparency-Half Story designs conAstentwith the architectural style Allows for administrative flexibilitywith regards to some common architectural styles.
21-03.01(g) Allow rear balcony encroachment of 5'hill
21-03.02(g) Allow rear balcony encroachment of 5'in S2
21-03.03(g) Allow rear balcony encroachment of 5'In Ul _-
Balcony Encroachment - -Removes an unnecessary restriction on building design.
21.03.04(g) Allow rear balcony encroachment of 5'In U2
21-03.05(g) Allow rear balcony encroachment of 3'In U3
21-03.06(g) Allow rear balcony encroachment of 3'In OF
21-04.0410 Building Entrance-Industrial Allow Zoning Administrator to waive front entrance requirement for some uses in I Industrial Allows for flexibility in Industrial building design.
n 21-04.04(g) Building Materials-Industrial `Allow CMUs that look like brick or stone Creates more flexibility for industrial building design while malntalningguality.
H 21-08.02)e)(3) Building Height-Detached Home Allow detached homes In Si U3.and OF to3 stories
9 21-08.0211)(3) Building Height-Cottage Court Allow cottage courts to 2 stales in S2,UF,U3 Districts Allows for increased detached home heights consistent with district building standards.
Building Height-Duplex Allow duplexes in S2.U3,and OF to 3 stores
1O 21-08.02(g03) Building Width-Duplex Allows duplexes up to60'In S18 S2 ,Supports ease of duplex development on larger suburban lots.
Building Type-Duplex Allows a second duplex in all districts except S1 and UI Supports ease of development of duplexes.
Building Height-Stacked Flats Removes minimum height for stacked flats Removes an unnecessary restriction on building design.
21-08.020)(3) Increases S2 and DT Stacked Flats building width from 120'to 250,and all other districts to
Building VAdth-Stacked Flats 150' Allay far flexibility In building design for elevator buildings and larger suburban lots.
21-08.02(k)(3) Building Width-Shop Increases DT Shop building widths how ISO'to 250 max Aligns better with the size of Downtown lots.
Building Type-Shop Reduces facade minimum height from 16'to 12'In UF Allows for district appropriate facade heights.
21-08.03(d)(2) Building Frontage Clarifies how a stoop is corrected and elevated to the sidewalk in relation to the parcel States rule more explicitly to meet ordinance intent.
u 21-03.03(0) US Lot Width 20'min.Footnote-"Lot Width minimum may be 20'fa attached dwellings Supports ease of development offor-sale duplexes in urban districts.
>� xa Creates more flexibility for non-residential development in UF.Eases reuse of existing neighborhood business
a-i 21-03.06(f) OF Max.Square Footage Increase total retail and service
use area to 5000sf building
s.
L o 21-03.08(d) DT Minimum Lot Width Reduces DT minimum lot width to 15' Supports ease of development,especially for townhouses,in urban districts.
b e
§
21-05.02(g)(1)new NNZO Owner Occupancy Requirement Adds rule In S1,Ul that a property owner must live on premises when there is an ADU. Adds rule to NNZO duet°concerns over short term rentals.
21-03.010)(footnote 1)
21-03.02)J)(footnote 1)
21-03.03)j)(footnote 1)
21.03.04(J))fontnote 1)
21-03.05(j)(footnote 1)
21-03.060)(footnote 1)
Revises existing tree caliper from 2'to 1.75"
21-03.07(1)(foomote l) Trees Creates consistency with revised tree ordinance Chapter 19.
21-03.081j)(footnote 1)
21-04.01(J)(footnote 1)
21-04.020)(footnote 1)
21-04.031j((footnote 1)
21-04.S49)(footnote 1)
21-09.01(d)(iable 21-09A) Revises tree sizes-1.75"caliper new shade tree.1.5"caliper new ornamental tree
Adds ground cover requirement and prohibits use of artificial turf in areas seen from the
21-09.01(gl new Ground Cover street,Including front/corner yard and tree lawn Clarifies that natural materials should be used for ground cover while allowing for administrative flendbility with regards
21-09.01(k)(4)new Alternate Landscape Plan Allow for use of artificial turfwith Zoning Administrator approval to use of artificial tort.
21-09.02)c)(5) Fence Heigh Permits Zoning Administrator to allow 6'max fence height for schools and daycare centers Improves public safety for vulnerable populations.
21-09.05(ag1) Apply Clear Sight Area to tall fences at Intersection of alleys Supports Increased public safety.
ft 21-07.03(0)(4) Minimum Lot Width for Curb Cm Createsa 30'minimum lot width to get a curb cut(15'under a shared driveway condition) Ensures that the city does not have garage dominated streetscapes aret to minknize the need for curbcuts.
ri Y 21-07.03(e)11) Parking SpaceWldtris Allows Zoning Administrator to reduce parking dimensions Ito one foot Allows for design flexibility on smaller urban parcels.
21-03.07(c)Principal Uses
Change use name to Gas/Fuel Station
21-03.08(c)Pnncipal 115es EV Charging Station Update - . Modernize rules to align with vehicle fueling options.
21-06.01(k)(11) Change section heading to Gas/Fuel Station
21-06.01(k)(11)(A) Add EV chargingstadons to fuel station standards
21-06.01(k)(21)(Agili) Minimum Lot Size for Auto Sales Add 120'x180'minimum lot size for Auto Sales Ensure adequate space for required site development standards.
21-06.O11kH2211AM0 Outdoor vehicle storage Reduces allowed storage time from 30 days to 14 days for unregistered or salvaged vehicles Enhances urban aesthetics and pro
tor districts other than perty vetoes.but also addresses potential public safety issues.
21-06.01(k)(7)(ANvii) Drive-Through Facility Delete requirement for one waiting space after pick-up window Unneccessary rule since parking is allowed In front.
21-06.01(k)Diagram Captions EV Charging Station Update Change gas station diagram captions to"Gas/Fuel station._" Modernize rules to align with vehicle fueling options.
21-06.02(f)(12)(A1(Iip Home Occupation Adds a operating hours restriction from 7am to 9pm Restricts the operating hours of home-based businesses to minimize disturbance to neighbors.
21-06.020)(12)(A)(vi) Home Occupation Adds clarification that the entrance cannot face the street Makes a reasonable accommodation of home-based businesses.
21-06.0210(12KB) Home Occupation Update and reformat examples of prohibited and permitted home occupations Modernize home-based business rules to align with current economy.
21-06.02(fl(12$C) Home Occupation Update and reformat examples of prohibited and permitted home occupations Modernize home-based business rules to align with current economy.
21-09.01(n)(2)(table21-098) EV Charging Station Update Change use name to Gas/Fuel Station Modernize rules to align with vehicle tsebngoptiorrs.
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