HomeMy WebLinkAbout21-26 Amendment 7.5 - Amending Chapters 3, 4, 6, 13, 14, and 17 of the South Bend Municipal Code to Align With Zoning Chapter 21 ?LAN c0 City Hall
��'s City of South Bend 215S. Dr. Martin Luther King,
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PLAN COMMISSION South Bend,574) 235-76227
www.southbendin.gov/zoning
6:NBLISHE01O
April 7, 2026
Honorable Dr. Oliver Davis Filed in Clerk's Office
3rd Floor, City Hall Apr 8, 2026
South Bend, IN 46601
Bianca Tirado
RE: Proposed Zoning Text Amendment#7.5 City Clerk, South Bend, M
Dear Committee Chair Dr. Davis:
Enclosed is an Ordinance for proposed Text Amendments for Chapter 3, 4, 6, 13, 14, and 17 of
the City of South Bend Municipal Code. 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, last amended January 2026. However, the numerous references to the zoning
code mentioned in the rest of the Municipal Code were not updated to align with the newly
adopted Chapter 21 code language. The intent of this package of text amendments is to amend
Chapter 3, 4, 6, 13, 14, and 17 to align with Chapter 21.
Please include the attached Ordinance on the Council agenda for first reading at your April 7,
2026 Council meeting and set it for public hearing at your April 27, 2026 Council meeting. The
petition will not be heard by the South Bend Plan Commission, instead will be heard directly by
Common Council.
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
Apr 8, 2026
BILL NO. 21-26
Bianca Tirado
ORDINANCE NO. City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTERS 3,4, 6, 13, 14, and 17 OF THE SOUTH BEND
MUNICIPAL CODE TO ALIGN WITH ZONING CHAPTER 21
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. Other chapters of the
South Bend municipal code which make references to the zoning ordinance and zoning
districts must be updated accordingly to ensure continued alignment.
NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. Chapter 3, Advertising, of the South Bend Municipal Code, Article 2
Illuminated Signs, Division 2 Construction and Height Specifications, Section 3-21 Flat
signs minimum height is hereby amended as follows:
Illuminated signs flat against a building may be erected at entrance door height if the
entire sign box is flat against the building wall; otherwise, the sign shall clear the
meet the projecting sign clearance standards set forth at
subsection 21-10.05(d)(4).
SECTION II. Chapter 3,Advertising, of the South Bend Municipal Code, Article 2
Illuminated Signs, Division 2 Construction and Height Specifications, Section 3-24
Anchorage and height of signs above public way is hereby amended as follows:
(-a3 Illuminated signs projecting over public property shall meet the standards for
projecting signs set forth at subsection 21-10.05(d)(4).-
{2) Have the lowest part overhanging the public way at least ten (10) feet
two (2) feet of the curb line;
(3) If installed over an alley, be at least eighteen(18) feet above the
SECTION III. Chapter 4, Licenses, of the South Bend Municipal Code, Article 4 Specific
Business Regulations, Section 4-18.5 Adult businesses, subsection (a) Definitions is
hereby amended as follows:
(1) Adult business shall have the meaning set forth at subsection 21 08.02(c)21-
06.01(k)(1).
(2) Adult mini motion picture theater shall have the meaning set forth at
subsection 21 08.02(c)(6)21-06.01(k)(1)(B)(vi).
(3) Adult motion picture theater shall have the meaning set forth at subsection 24-
08.02(c)(9)21-06.01(k)(1)(B)(ix).
(8) Specified anatomical areas shall have the meaning set forth at subsection 2-1-
08.02(c)(17)21-06.01(k)(1)(B)(xvii).
(9) Specified sexual activities shall have the meaning set forth at subsection 24-
08.02(c)(18)21-06.01(k)(1)(B)(xviii).
SECTION IV. Chapter 4, Licenses, of the South Bend Municipal Code, Article 4 Specific
Business Regulations,Section 4-22 Carnivals and circuses, subsection (e) Zoning
Restrictions is hereby amended as follows:
(1) No license shall be issued to any proposed carnival or circus for a location
within one thousand(1,000) feet of any of the following zoning use districts as
defined by the zoning chapter of this Code:
a. "A" Residence S 1 Suburban Neighborhood 1 District.
b. "A 1" Residence S2 Suburban Neighborhood 2 District.
c. U 1 Urban Neighborhood 1
District
d. "A3" High, Priority Residential Office and n,-„f scional U2 Urban
Neighborhood 2 District
e. "B"Residence U3 Urban Neighborhood 3 District.
f. "B 1"Residence OF Urban Neighborhood Flex District.
SECTION V. Chapter 4, Licenses, of the South Bend Municipal Code, Article 4 Specific
Business Regulations, Section 4-23 Fertilizer manufacturing facilities, subsection (f)
Zoning restrictions is hereby amended as follows:
Fertilizer manufacturing facilities shall be located only in areas zoned "E" Heavy I
Industrial DistrictDistrictt.-heweverrnNo fertilizer manufacturing facility shall be located
within one thousand(1,000) feet of any property not zoned"I" Industrial District. of
th f llo g districts .,s defined b., the g chapter of this Code:
{1) "A" Residence District.
(2) "A 1"Residence District.
{3) "A 2" Planned Residential Development District
(1) "A 3" Mixed Use Multifamily Residential and Commercial.
{5) "B" Residence District.
(6) "B 1"Residence District.
(7) "C 1"Commercial, Limited Use District.
(8) "C 2"Planned Shopping Center District.
SECTION VI. Chapter 4, Licenses, of the South Bend Municipal Code, Article 4 Specific
Business Regulations, Section 4-40 Outdoor motion picture theaters, subsection (f)
Zoning restrictions is hereby amended as follows:
(1) No license shall be issued to any proposed outdoor motion picture theater for a
location within one thousand(1,000) feet of any of the following zoning use
districts as defined by the zoning chapter of this Code:
a. "A" Residence S I Suburban Neighborhood 1 District.
b. "A 1" Residence S2 Suburban Neighborhood 2 District.
c. U 1 Urban Neighborhood 1
District
d. `"A 3" High Priority Residential Office a d Prof ssional U2 Urban
Neighborhood 2 District
e. "B" Desidencc U3 Urban Neighborhood 3 District.
f. "B 1" Residence OF Urban Neighborhood Flex District.
SECTION VII. Chapter 4, Licenses, of the South Bend Municipal Code, Article 4
Specific Business Regulations, Section 4-51 Scrap metal dealers,junk dealers,valuable
metal dealers and recycling operations is hereby amended as follows:
(d) Application;zoning restrictions.
(2) No license shall be issued to any proposed scrap or junkyard, recycling
operation or transfer station for a location within one thousand(1,000)
feet of any lot being lawfully used, entirely or in part, as a single-
f mily two f.,..ily ^ ultif n ily 1 unit, 2unit, or multi-unit dwelling,
or any of the following zoning use districts as defined by the zoning
chapter of this Code:
a. SF1 Single Fa. ily and Two Family S1 Suburban
Neighborhood 1 District
b. SF2 Single Family and Two Family S2 Suburban
Neighborhood 2 District
c. M -1 Urban Corridor M„ltif mily U1 Urban Neighborhood 1
District
d. • U2 Urban Neighborhood 2
District
e. OB Office Buffer U3 Urban Neighborhood 3 District
f. MU Mixed Use OF Urban Neighborhood Flex District
g. "0" Office NC Neighborhood Center District
h. DT Downtown District
i. OS Open Space District
j. CBD Central Business District U University District
k. C Commercial District
unless such footage requirement is waived by specific resolution of the
Common Council. Such resolution must incorporate one of the
following considerations for such a waiver: that the majority of the
business operation would take place within an enclosed structure, that
the business would be located beyond one-half(1/2) of the footage
requirement or that a majority of the owners affected by the new
business which are within the one thousand-foot requirement give
approval.
(1) Operation and maintenance rules and regulations.
(2) The operators of such yards shall conform with the following rules and
regulations:
a. Minimum lot area for new yards: All new scrap and junkyards,
and recycling operations shall have a minimum lot area of five
(5) acres and shall be zoned FBI General Industrial District
pursuant to the zoning provisions of this Code.
SECTION VIII. Chapter 4, Licenses, of the South Bend Municipal Code, Article 4
Specific Business Regulations, Section 4-62 Waste to energy facilities, subsection (I)
Zoning restrictions is hereby amended as follows:
Waste to energy facilities shall be located only in areas zoned "E" Heavy I Industrial
District;ovwver-7nNo waste to energy facility shall be located within one thousand
(1,000) feet of any property not zoned"I" Industrial District of the f llowing
ng districts as defined by the zoning chapter of this Codes
{1) "A" Residence District.
(2) "A 1" Residence District.
(3) "A 2" Planned Residential Development District
(4) "A 3" Mixed Use Multifamily Residential and Commercial.
(5) "B"Residence District.
(6) `B 1" Residence District.
{7} "C 1"Commercial, Limited Use District.
(8) "C 2" Planned Shopping Center District.
SECTION IX. Chapter 6, Building, of the South Bend Municipal Code, Article 1
General Provisions, Section 6-4.1. Filing fees; improvement location permits and
document processing/preparation fees is hereby amended as follows:
(4) Northeast Neighborhood Zoning
Overlay District alk' Northeast Neighberheed Developmt ° a Design
Review Fees:
Required for all standalone residential or commercial new construction, in
addition to and separate from any other permit, processing, or review fee:
$160.00
The Department's review or processing of all of the above listed matters is
subject to form and submission requirements which are available for inspection
in the office of the Building Department, and viewable on the City website,
www.southbendin.gov.
SECTION X. Chapter 6, Building, of the South Bend Municipal Code, Article 9
Floodplain Code, Section 6-38.3 General provisions, subsection (i)is hereby amended as
follows:
Penalties for Violation. Failure to obtain a Floodplain Development Permit in the
SFHA or failure to comply with the requirements of a Floodplain Development Permit
or conditions of a variance shall be deemed to be a violation of this article. All
violations shall be considered a common nuisance and be treated as such in
accordance with the provisions of the Zoning Code for the City of South Bend in
Section 21-14.03(i). All violations shall be punishable by a fine as set forth in Section
21-13.02(h).
SECTION XI. Chapter 13, Offenses and Miscellaneous Provisions, of the South Bend
Municipal Code, Article 7 Noise Control, Section 13-80 Definitions, subsection (a) is
hereby amended as follows:
(3) C Commercial Districts. C 1 and C 2 NC, DT, and C Commercial Ddistricts as
defined in the zoning chapter of this code.
(11) Residential Districts. A, A 1,A 2, A 3, B, and B 1 residence S 1, S2, U 1,U2,
U3, UF, OS, and U districts as defined in the zoning chapter of this Code.
SECTION XII. Chapter 14, Specific Public Safety Regulations, of the South Bend
Municipal Code,Article 1 Roller Skates and Skateboards, Section 14-3 Same—On
sidewalks is hereby amended as follows:
(a) No person shall roller skate or ride a skateboard on any city sidewalk in the
following areas of the City:
(1) NC
Neighborhood Center Districts (except where eci fcally posted
ethervise3.
(2) The rental Business DT Downtown District.
(3) "C-I°' Commercial Districts.
(4) "C 2" Planned Shopping Center I Industrial District(except where
{5) "C" Commercial Districts.
{6) "D" Light Industrial Districts.
{7) "E" Heavy Industrial Districts.
as defined in Chapter 21 (entitled"Zoning") of this code, and on all sidewalks
adjacent to nursing homes, hospitals, fire stations, schools, churches, and
synagogues.
areas of the City:
(I) "A" Residence Districts.
(2) "A 1" Residence Districts.
(3) "A 2" Planned Residential Development Districts.
(1) `B" Residence Districts.
(5) "B 1"Residence Districts.
as defined in Chapter 21 (entitled"Zoning")of this Code.
fc
SECTION XIII. Chapter 14, Specific Public Safety Regulations, of the South Bend
Municipal Code, Article 8 Residential Lawn Parking Regulations, Section 14-41
Definitions is hereby amended as follows:
Residential use: Real estate which is zoned S 1 Suburban Neighborhood 1, S2
Suburban Neighborhood 2, U1 Urban Neighborhood 1, U2 Urban Neighborhood 2,
U3 Urban Neighborhood 3, or UF Urban Neighborhood Flex,SF1 Single Family and
as further addressed in South Bend Municipal Code section 21=
02 01. S -2 Si No Fa il. na T.. „ Fa ily D.:ell; gas further add.
03. o 0
District as further addressed in South Boni Municipal C„de section r MF2
section 21 02.01.
SECTION XIV. Chapter 14, Specific Public Safety Regulations, of the South Bend
Municipal Code,Article 9 Regulations Addressing Special Events in Residentially Zoned
Area, Section 14-51 Definitions is hereby amended as follows:
Residentially zoned area: Real estate which is zoned SI Suburban Neighborhood 1, S2
Suburban Neighborhood 2, U1 Urban Neighborhood 1, U2 Urban Neighborhood 2,
U3 Urban Neighborhood 3, or UF Urban Neighborhood Flex,
as further addressed in South Bend Municipal Code section 21-
03. SBMC § 21 02.01; SF2 single family and two family dwelling as further
addressed in SBMC § 21 02.03; or MF2 high density multifamily district as further
addressed in SBMC § 21 02.01.
SECTION XV. Chapter 17, Sewers and Water, of the South Bend Municipal Code,
Article 1 General Provisions, Section 17-4 Drains and downspouts disconnection
requirements; limited exceptions, subsection (c) is hereby amended as follows:
Due to the extraordinary estimated costs to implement the Long Term Control Plan
(LTCP) mandated by the Environmental Protection Agency (EPA) and the Indiana
Department of Environmental Management(IDEM), all buildings, residences, sump
pumps, and parking lots which currently direct their storm water into the sanitary or
combined sewers shall disconnect by the following dates:
Residential properties: December 31 st, 2020;
Commercial properties: December 31 st, 2020;
with the following limited exceptions and requirements:
(1) All properties located in a OF Urban Flex, NC Neighborhood Center, DT
Downtown, or C Commercial Commercial/Mixed Use Ddistrictsas defined in
Sections 21-03 and 21-04 of Article 3 of Chapter 21 of the South Bend
Municipal Code,whichnclude_ OB O ee Buff Distric+ MT r Mixed
Use District, 0 Office District, LB Local Business District, CB
r_,.«,ral B siness District ell „ll P D Pl....«e T 1n;t
and all industrial properties,shall disconnect all
buildings, sump pumps, and parking lots which currently direct their storm
water into the sanitary or combined sewers. If disconnecting is not practical or
possible or if the cost incurred would make disconnecting financially
impractical or financially impossible the building owner may, at their
choosing, enter the In-Lieu of Disconnect Fee Program instead of
disconnecting. By entering this program the building owner agrees to pay to
the City a one-time fee of$0.61 per square foot of connected impervious
surface.
All funds received by the City for the In-Lieu of Disconnect Fee Program shall
be specifically designated to reduce the financial burden on residents of the
combined sewer overflow LTCP.
By December 31 st 2020 all commercial and industrial buildings shall have
either disconnected or shall have entered the In-Lieu of Disconnect Fee
Program. The Department of Public Works shall, by December 31 s12017,
make available on the City's website a guidance document that will assist
commercial building owners in obtaining further information on how to join
the Program. The guidance document shall also outline how commercial
building owners may pay the In-Lieu of Disconnect Fee in installments.
SECTION XVI. Chapter 17, Sewers and Water, of the South Bend Municipal Code,
Article 8 Flood Hazard Area Standards, Section 17-65 Certain utility construction or
reconstruction in flood hazard areas is hereby amended as follows:
All new or replacement watermains, valves, or other appurtenances and all new or
replacement sewers, manholes, and other appurtenances constructed or reconstructed
in a Special Flood Hazard Area, as defined in section 21 12.03(a)(21)21-14.02(a)(64),
shall be designed and constructed as to minimize or eliminate infiltration of
floodwaters into these systems and discharges from the systems into floodwaters.
SECTION XVIII. 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 , 2026, at o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of ,2026,at o'clock
.m.
James Mueller, Mayor
City of South Bend, Indiana