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HomeMy WebLinkAbout11274-26 Amendment 7.5 - Amending Chapters 3, 4, 6, 13, 14, and 17 of the South Bend Municipal Code to Align With Zoning Chapter 21 ORDINANCE No . 11274_26 Passed by the Common Council of the City of South Bend, Indiana April27, 20 26 I Attest: �, City Clerk Bianca L. Tirado 0 Attest: 2"-------- President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 28, 20 26 441111A4%—'I City Clerk Bianca L. Tirado M Approved and signed by me ar C 20 26 // )7 14°-\Y°. Mayor O t i.�i'i'yi,t, , � ' ,,,f,, , 'i F-4: 4 L Z•4.:* //...)• 1 V ... ,, 1 .� a~ . I865.."1/1 BILL NO. 21-26 ORDINANCE NO. 11274-26 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 sidewalk b<,nine(9) f et 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: (a) Illuminated signs projecting over public property shall meet the standards for projecting signs set forth at subsection 21-10.05(d)(4).: (1) ge , ported b<, a structure anchored wholly within thelot l nes; (2) Have the lowest part overhanging the public way at least ten(10) feet above s ,el „„blic< ided that s eh g does not r eet within 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 2-1- 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. "A 2" Planned Residential Development U 1 Urban Neighborhood 1 District d. "A 3" High Priority Residential Office and Professional 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 District; eNo fertilizer manufacturing facility shall be located within one thousand (1,000) feet of any property not zoned"I" Industrial District. of th f l districts as de fed by the hapter e f thi s 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. """ Residence S1 Suburban Neighborhood 1 District. b. "A 1" Residence S2 Suburban Neighborhood 2 District. c. U 1 Urban Neighborhood 1 District d. "A 3" High P.ie f ty neside„ti l Offce and Prof ssional U2 Urban Neighborhood 2 District e. "B" Residence U3 Urban Neighborhood 3 District. f. "B 1" Rcsidcnc©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 mil., ultif mily 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 Family and Two Family S1 Suburban Neighborhood 1 District b. SF2 Single Family and Two Family S2 Suburban Neighborhood 2 District c. MFi Urban Corridor M„lt:f m ly U1 Urban Neighborhood 1 District d. MF2 High Density Multif m ly U2 Urban Neighborhood 2 District e. 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 GI 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 (f) Zoning restrictions is hereby amended as follows: Waste to energy facilities shall be located only in areas zoned "E" Heavy I Industrial District;hewever,nNo waste to energy facility shall be located within one thousand (1,000) feet of any property not zoned"I" Industrial District zoning districts as defined by the zoning 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 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 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) L ti M xe Use M„ltif miles, Residential an,1 Commercial NC Neighborhood Center Districts (except where eci fcally posted ethelvise). (2) DT Downtown District. (3) `C-1—' 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. (b) Persons may roller skate or ride a skateboard on sidewalks in the following areas of the City: (1) "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. (OW SECTION XIII. Chapter 14, Specific Public Safety Regulations, of the South Bend Municipal Code,Article 8 Residential Lawn Parking Regulations, Section 14-41 Defmitions is hereby amended as follows: Residential use: Real estate which is zoned S1 Suburban Neighborhood 1, S2 Suburban Neighborhood 2, U 1 Urban Neighborhood 1, U2 Urban Neighborhood 2, U3 Urban Neighborhood 3, or UF Urban Neighborhood Flex,SF1 Single Family and Two-Family-Dwelling as further addressed in South Bend Municipal Code section 21= 03. 02 nl. S 2 Single F.,.,.,ily and Two Family Dwelling s „+her addressed section 21 02.04. 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 Defmitions is hereby amended as follows: Residentially zoned area: Real estate which is zoned S1 Suburban Neighborhood 1, S2 Suburban Neighborhood 2, U1 Urban Neighborhood 1, U2 Urban Neighborhood 2, U3 Urban Neighborhood 3, or UF Urban Neighborhood Flex, two-family-dwelling as further addressed in South Bend Municipal Code section 21- 03. eBMC § 2l 02 nl. S 2 gle f...ily and two f..,.ily dwelling 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 Sl, 2020; Commercial properties: December 31 Sl, 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 districts, as defined in Sections 21-03 and 21-04 of Article 3 of Chapter 21 of the South Bend Municipal Code,which cludo. OB Of ee B„ff Di3trict, M 1 AM:xed Use District, 0 Office District, LB Local Business District, CB Gene a I2„�inets Di trier ell a all P D Plan e.l T n 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 S12020 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 SL 2017, 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. ,L 2---- Canneth J. , Council President South Bend Common Council Attest: 1 Bianca L. Tirado, City 1 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 28th day of April , 2026, at 12 o'clock p.m. Bianca L. Tirado, ity rk Office of the City Clerk Approved and signed by me on the 54as day of le) ,2026, at Y o'clock frn. kJa Mueller, Mayor Ci of South Bend, Indiana