HomeMy WebLinkAbout11253-25 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 ORDINANCE No . 11253_25
Passed by the Common Council of the City of South Bend, Indiana
January 12, 20 26
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Attest: City Clerk
Bianca L. Tirado
()—
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
January 13, 20 26
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City Clerk
Bianca L. Tira
Approved and signed by me i(Army , l 20 26
Mayor
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THIRD SUBSTITUTE BILL NO. 80-25
ORDINANCE NO. 11253-25
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:
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) Façade transparency percentages are calculated independently
for each floor on each facade.
(B)(C)
(- (D) 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.
gl 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 UI 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 hewed 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 U 1 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 UF 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(d) Building Placement is
hereby amended as follows:
Lot Width i 30' min.
Building Setbacks Frontk z Sides
1 Lot width may be reduced to 20' for attached dwellings.
42
23
SECTION X. 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 3'
SECTION XI. 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 XII. 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 XIII. 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 XIV. 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 XV. 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 XVI. 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 XVII. 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 XVIII. 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 XIX. 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
(D) Security devices such as solid metal sec rity , ates etal .- ll down
.l 1' hutters .l link/.ril tems shall not_he installed
�-rxxcivwTcv-crrrr�.murrar��and-rrrr�vgzrcrrj ar ...� �...... ..... ........,......,..
on front or corner facades, except where such devices are at least 50
peree.,t tra„s„arenay and located wholly behind ndo.., or door.
1, ed fr ., the st, et race
(E)(D)
(F)(E)
(G)(F)
(H)(G)
SECTION XX. 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:
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 XXI. 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
lamed parking spaces.
(vi ) A drive through f cility shall p ,ide s„f cie„t r m f r at
facility.
(viii)(vii)
(ix)(viii)
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)ix).
( ) vi
(vi)(vii)
(vii)(viii)
(viii)(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 XXII. 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 XXIII. 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:
(ii) See Section 21-07.03(11-)(g) for parking structure regulations.
SECTION XXIV. 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:
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 XXV. 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 1, 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 4 square feet in area and 6 feet in height.
(3)j
fl 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 XXVI. 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 specifiedbelow
and other similar or comparable uses shall not be permitted as home
occupations: Bar/Tavern/Restaurant; Beer/Wine/Liquor Sales;
Industrial (any); Medical/Dental Clinic; Tobacco/Hookah/Vaping;
Transportation (any); 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) Lawn Mower Repair or Service
(ix) Medical Office or Clinic
(x) Painting of Vehicles, Trailers, Boats, etc.
(xi) Photography Studio
(xiii) Restaurants, Eating, or Drinking Establishments
(xiv) Upholstering
(xv) Television or Radio Repair
(xvi) Tool or Equipment Rental
(xviii) Vehicle Repairs, major or minor
(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 (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 Barber/Beauty
Shop; Professional Offices; and Teaching/Tutoring(including musical
instruments, dance,yoga).
(i) Artist's, Musician's, or Writer's Studio
(ii)
bakery facility)
(iii) Childcare Home as defined by IC 12 7 2 28.6
(iv) rocessing, or Transcription Services
(v) Dressmaking Millinery Sewing Tailef ng
(vi) Home School, including Cottage Schools
(vii) Personal Office
(viii) Teaching or Tutoring, including musical instruments or dance,
.,hen limited too pit at ., 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 41 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 XXVII. 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 XXVIII. 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 XXIX. 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: by a religious institution, school, College-/-}.,University;
Religious Institutions; and School, Pre-K/Primarv/Secondary;of and
SECTION XXX. 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 d t-i-ts .he-- -ff street park a f 3ff
�_�eg�� ��--ate o�eet
park shall be idea site f r the to ran o al retail .,le
use;
l4
1/10)01
SECTION XXXI. 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.
(4)L1
(541
(6)1:71
SECTION XXXII. 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 1
foot on space-constrained lots.
SECTION XXXIII. 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 XXXIIII. 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 XXXV. 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 or facing open space, except where such devices are at least 50 percent
transparent and located wholly behind a window or door.
(7)(8)
(-8)(9) In a NC or DT district, the following additional regulations apply.
(A)Vinyl siding is prohibited.
(B) Security devices such as coiling shutters and accordion gates arc
prohibited on front or corner side facades, except where such devices
leas♦ 50 p nt transparent and located wholly behind ndow
o 0 0
(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)(1Q)
(40)(11)
SECTION XXXVI. 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, upper story use, or first floor tenant space.
SECTION XXXVII. 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 XXXVIII. 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 XXXIX. 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
S 1, U 1, U2 districts 2.5 storyies max.
All other districts 3 stories max.
Building Width
Si, S2 districts 60' max.
All other districts 48' max.
SECTION XL. 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 XLI. 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 XLII. 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(stories) 2 min. / 5 stories max.
Building Width
S2, DT districts 200' 250' max.
All other districts 1291 150' max.
SECTION XLIII. 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
Façade Height
OF district 12' min.
All other districts 16' min.
Building Width
DT district 250' max
All other districts 150' max
SECTION XLIV. 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:
(2) Frontage Standards
Standards
A stoop shall be at least 18" above the sidewalk and shall directly connect to
A stoo�`�e�gor'kT1 , it covering,, o be-at least 18" o ev 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 XLV. 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- " 1.5" caliper at 6" above ground
SECTION XLVI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 9 Site
Development, Section 21-09.01 Landscape, is hereby amended as follows:
11 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.
(2)(h)
(h)(i)
)
(f)(k)
(k)(1)
(4) The use of artificial turf for game courts or athletic fields if other
alternatives are not feasible. Any approval to allow artificial turf must
be noted in the landscape plan.
f1)(m)
f1(n)
fe1(o)
fe)(p)
SECTION XLVII. 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 XLVIII. 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 XLIX . 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-epen 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.
A fence more 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 L . 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 LI. 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
Sl, S2, U1, U2, or U3 district 24 32 square feet max. total for all signs
per street frontage
SECTION LII. 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) Sl, S2, U1, U2, U3, UF, and NC Districts—signs shall not exceed 4
square feet in surface areas 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 and illuminated.
SECTION LIII. 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 gt le-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 LIV. 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 . extend above the. ndow of the so rl n story
.,less the establishment exten.ls to the so nd story ., above. 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 LV. 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 ".-terial Streets - The maximum sign
surface area for advertising signs oriented toward a limited access
highway shall be 672 square feet.
SECTION LVI. 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
L i) Vri.en ., combin t: „ o f, a l of ; of all., ed . e f the
C'TJ ♦IIVIl R VVIII VIIIRLIVII VI
. d strictc the prope.y should be ed .„to the district
that perits the most of those proposed „sew d
sought-fer-the-balenee-efuses
(iii)(ii) In ofthe above nd tions, a A use variance cannot be
sought if a use could be permitted with a special exception.
(E) Procedure
011 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)(iii)
(iii)(iv)
(iv)L
(AAA).
(vi)(vii)
(vii)(viii)
(viii)(ix)
(ix)1
xi
(xi)(xii)
SECTION LVII. 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 LVIII. 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, ouncil President
South Bend Common Council
Attest:
Bianca L. Tirad , ity Clerk
Office of the Cit 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 13th day of January , 2026, at 12 o'clock p.m.
Bianca L. Tirado, City '
Office of the City Cler
)61'114fr 2026
Approved and signed by me on the � Jt day of ,at o'clock
fm.
•
Jame Mueller, Mayor
Cit of South Bend, Indiana
to PLAN co84, City Hall
City of South Bend 215 S. Martin Luther King,lr. Blvd.
Suite 500
PLAN COMMISSION South Bend,IN 46601
(574)235-7627
,4:crAaLISHEo1p19, www.southbendin.gov/zoning
Filed in Clerk's Office
Wednesday,January 28,2026
Jan 28, 2026
South Bend Common Council
Third Floor,City Hall Bianca Tirado
South Bend, IN 46601 City Clerk, South Bend, IN
Re: Bi11#80-25-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.(THIRD
SUBSTITUTE)
Dear Council Members:
I hereby Certify that the above referenced ordinance of City of South Bend was presented to the South
Bend Plan Commission at its special meeting on January 26,2026 took the following action:
APPROVED Upon a motion by Maureen Miller,being seconded by Scott Ford and carried,
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.
(THIRD SUBSTITUTE)
And to note for the record the following actions were taken prior to this final step in the process to make
this zoning ordinance fully compliant and effective:
• 12/15/2025 Plan Commission gave a favorable recommendation on Second Substitute.
• 01/12/2026 Common Council adopted the Third Substitute.
• 01/13/2026 Mayor signed the Third Substitute.
• 01/28/2026 Second Report of Approval,Plan Commission approved the Third Substitute.
Based on this information and consultation with Legal and pursuant to I.C.36-7-4-607(e)(4)(A)the
Zoning office considers this amended zoning ordinance fully adopted and effective upon submission of
this Report of Approval to the Clerk's Office.
Sincerely,
Brian Killen
Zoning Administrator
Tim Corcoran Brian Killen «CalendargChairman»
Planning Director Zoning Administrator Commission President