HomeMy WebLinkAbout11275-26 Amendment 8 - 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 .
11275-26
Passed by the Common Council of the City of South Bend,Indiana
April 27, 20 26
Attest: 14441--".......I
City Clerk
Bianca L. Tirado
Attest: ve" - di, D - President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
April 28, 20 26
jitatiAA....-' I k/if--'----- City Clerk
Bianca L. Tirado
Approved and signed by me M'7 20 26
rivi Mayor
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SUBSTITUTE BILL NO. 22-26
ORDINANCE NO. 11275-26
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, Contextual Front Setback diagrams are hereby amended as follows:
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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 on a Stacked Flats, Shop,
or Mid-Rise/Tower building type shall not count as a story toward the
maximum number if it meets the following criteria:
SECTION III. Chapter 21, Zoning, of the South Bend Municipal Code,Article 2
Definitions & Measurements, Section 21-02.03 Measurements, subsection (e) Building
Components,Ancillary Dwelling Height Allowance - No Alley diagram are hereby
deleted and replaced with new Ancillary Dwelling Height Allowance - No Alley diagram
as follows:
Ancollary AoxWary
Dweumg Rear vie Dwelling Rear Lot Lone
26 26'
max max CC Accessory
ucture /4/1".
Structure
y
Fes.
18
TeX \ � max
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diary Dwelling Height Allowance-No Alley Ancillary Dweiung Height Allowance-No Alley
SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code,Article 2
Definitions & Measurements, Section 21-02.03 Measurements, subsection (f) Building
Standards, (2) Building Width is hereby amended as follows:
(A) For the Stacked Flats, Shop, and Mid-Rise/Tower building types, the Zoning
Administrator may grant the following allowances if the building design meets
the intent of the ordinance:
i. Elevated hallway connections between structures that are set back at
least 2n f et f en the faint r f cade shall not c nt toward
„tinuity f building width
If buildings or parts of a building are connected by an elevated hallway
(open at the ground floor), the width of each building or part of a
building shall be measured independently. The connection, which shall
not count toward building width, shall be set back a minimum of 20
feet from the front or corner facade.
ii. In a U3 or OF district, if buildings or parts of a building are at least four
stories in height and connected by a hallway, the width of each building
or part of a building shall be measured independently. The connection.,
which shall not count toward building width, shall be set back a
minimum of 20 feet from the front or corner facade and may be at
grade or elevated.
iii. In a NC or DT district, if a building is designed as multiple buildings.,
the building width of each uniquely designed part shall be measured
independently. Each part shall not exceed 120 feet in width, shall have
a frontage type, and shall be made architecturally distinct through
means such as variations in building and parapet heights, building
materials and ornamentation, and window pattern, grouping, and size.
iv. The maximum
building width may be increased 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 (f) Building Form;
Section 21-03.02 S2 Suburban Neighborhood 2, subsection (f) Building Form; Section
21-03.03 U1 Urban Neighborhood 1, subsection (f) Building Form; Section 21-03.04 U2
Urban Neighborhood 2, subsection (f) Building Form; Section 21-03.05 U3 Urban
Neighborhood 3, subsection (f) Building Form are hereby amended as follows:
Building Height
Accessory buildings, except for ancillary dwelling units,shall not be taller than the
primary building on a lot.
SECTION VI. 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 U1 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:
Parking Lot Screening(of 4 or more spaces)
Buffers shall comply with Section 21-09.01( )( .
SECTION VII. Chapter 21, Zoning, of the South Bend Municipal Code,Article 3
Standard Districts, Section 21-03.04 U2 Urban Neighborhood 2, subsection (t) Building
Form is hereby amended as follows:
Building Height
Primary Building (max.) 35' and 2.5 stories'
Accessory Building (max.)12
Apartment Houses may be built to a maximum height of 3 stories if building width is
30' or less.
+2-
SECTION VIII. 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:
Parking Lot Screening (of 4 or more spaces)
Buffers shall comply with Section 21-09.01(0(o).
SECTION IX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses,
Section 21-06.01 Principal Uses, subsection (g) Industrial, Manufacturing, & Processing,
sub-subsection (2)(A)(i) Industrial, Heavy Standards; Article 6 Uses, Section 21-06.01
Principal Uses, subsection (g) Industrial, Manufacturing, & Processing, sub-subsection
(3)(A)(i) Industrial, Light Standards; Article 6 Uses, Section 21-06.01 Principal Uses,
subsection (g) Industrial, Manufacturing, & Processing, sub-subsection (5)(A)(i)
Warehouse/Distribution Standards; Article 6 Uses, Section 21-06.01 Principal Uses,
subsection (g) Industrial, Manufacturing, & Processing, sub-subsection (6)(A)(i) Waste
Processing/Recycling Facility Standards; Article 6 Uses, Section 21-06.01 Principal Uses,
subsection (k) Retail & Service, sub-subsection (2)(A)(iii)Animal Care Establishment
Standards; Article 6 Uses, Section 21-06.01 Principal Uses, subsection (k) Retail &
Service, sub-subsection (7)(A)(vii) Drive-Through Facility Standards;Article 6 Uses,
Section 21-06.01 Principal Uses, subsection (k) Retail& Service, sub-subsection
(7)(A)(viii) Drive-Through Facility Standards;Article 6 Uses, Section 21-06.01 Principal
Uses, subsection (k) Retail & Service, sub-subsection (11)(A)(iv) Gas/Fuel Station
Standards;Article 6 Uses, Section 21-06.01 Principal Uses, subsection (k) Retail &
Service, sub-subsection (11)(A)(v) Gas/Fuel Station Standards;Article 6 Uses, Section
21-06.01 Principal Uses, subsection (k) Retail & Service, sub-subsection (17)(A)(i) Retail
& Service, Heavy Standards; Article 6 Uses, Section 21-06.01 Principal Uses, subsection
(k) Retail & Service, sub-subsection (17)(A)(ii) Retail & Service, Heavy Standards;
Article 6 Uses, Section 21-06.01 Principal Uses, subsection (k) Retail& Service, sub-
subsection (18)(A)(iii) Self-Storage Facility Standards; Article 6 Uses, Section 21-06.01
Principal Uses, subsection (k) Retail & Service, sub-subsection (21)(A)(viii)Vehicle Sales
or Rental Standards; Article 6 Uses, Section 21-06.01 Principal Uses, subsection (k)
Retail & Service, sub-subsection (21)(A)(ix) Vehicle Sales or Rental Standards;Article 6
Uses, Section 21-06.01 Principal Uses, subsection (k) Retail & Service, sub-subsection
(22)(A)(iii)Vehicle Service, Major Standards;Article 6 Uses, Section 21-06.01 Principal
Uses, subsection (1)Transportation, sub-subsection (4)(A)(i) Parking Lot Standards;
Article 6 Uses, Section 21-06.01 Principal Uses, subsection (m) Utilities, sub-subsection
(2)(A)(i) Utilities, Major Standards;Article 6 Uses, Section 21-06.01 Principal Uses,
subsection (m) Utilities, sub-subsection (3)(A)(i) Utilities, Minor Standards;Article 6
Uses, Section 21-06.01 Principal Uses, subsection (m) Utilities, sub-subsection (4)(D)(vi)
Wireless Communication Tower Standards; Article 6 Uses, Section 21-06.02 Accessory
Uses and Structures, subsection (f)Accessory Use Definitions and Standards, sub-
subsection (14)(A)(i) Mechanical Equipment Standards;Article 6 Uses, Section 21-06.02
Accessory Uses and Structures, subsection (f)Accessory Use Definitions and Standards,
sub-subsection (25)(A)(i) Storage, Outdoor Standards;Article 7 Access & Parking,
Section 21-07.04 Off-Street Loading, subsection (d) Design and Construction of Loading
Areas, sub-subsection (4) Landscaping;Article 9 Site Development, Section 21-09.01
Landscape, subsection (p) Parking Lot Landscape, sub-subsection (2)(A) Parking Lot
Screening; Article 9 Site Development, Section 21-09.01 Landscape, subsection (p)
Parking Lot Landscape, sub-subsection (2)(B) Parking Lot Screening are hereby
amended as follows:
All in-text references to Section 21-09.01(n) are changed to Section 21-09.01(o).
SECTION X. 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:
(vii) A detached ancillary dwelling shall not be taller in f et than the
twimapy-building-en4he4et-and shall meet all accessory height
requirements of the applicable zoning district.
SECTION XI. 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:
(x) A drive-through facility shall serve people on foot, bicycle, or
other modes of transportation besides a motor vehicle during all
hours of operation. This may be achieved through means such
as a carryout counter, walk-up window,pickup outside of the
primary building, or allowing non-motor vehicle users to utilize
the drive-through lane.
SECTION XII. Chapter 21, Zoning, of the South Bend Municipal Code,Article 6 Uses,
Section 21-06.01 Principal Uses, subsection (k) Retail & Services, Drive-Through Layout
diagram is hereby amended as follows:
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Drive-Through Layout Drive-Through Layout
SECTION XIII. Chapter 21, Zoning, of the South Bend Municipal Code,Article 6 Uses,
Section 21-06.01 Principal Uses, subsection (k) Retail & Services, Gas fuel/station layout
diagrams are hereby amended as follows:
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SECTION XIV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses,
Section 21-06.01 Principal Uses, subsection (k) Retail & Service, subsection (21)(A)(x)
Vehicle Sales or Rental Standards;Article 7 Access & Parking, Section 21-07.03 Vehicle
Access & Parking, subsection (e)(2) Design and Construction of Off-Street Vehicle
Parking Areas, Landscape of Off-Street Parking Areas are hereby amended as follows:
All in-text references to Section 21-09.01(o) are changed to Section 21-09.01(p).
SECTION XV. 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 non-accessory parking lot for the storage of motor vehicles made available
to the general public, with or without a fee. Parking lots serving a permitted
use located on an adjacent lot or a lot
or-alley no greater than 150 feet from the subject lot shall be considered as
accessory parking lots. Includes parking structures, whether underground, at
ground level, or above ground level, in which more than 50 percent of the
gross floor area is used for parking vehicles.
SECTION XVI. 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:
(14) Mechanical Equipment
(A) Standards:
(iii) Vents, air conditioners, and utility meters, 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.
(iii)(iv)
(iv)(y)
SECTION XVII. 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:
(27) Trash and Recycling Containers
(A) Standards:
(iv) Building foundation landscape, designed per Section 21-
09.01(m)(n), shall be installed along any sides of the enclosure
not screened by a building.
SECTION XVIII. 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, sub-subsection (27),Trash and Recycling Containers is
hereby amended by adding a diagram as follows:
Building
foundation
landscape
Solid wall.similar
.* in design and
- matenats
Jam,
Al'
1
Opaque screen J f r' x
gate,Doors to _' • E
remain closed 9 O
o
Impervious surface
Trash enclosure design
SECTION XIX. Chapter 21, Zoning, of the South Bend Municipal Code,Article 7 Access
& Parking, Section 21-07.03 Vehicle Access & Parking, subsection (i) Commercial and
Recreational Vehicles is hereby amended as follows:
(1) Large Vehicles. No tractor, trailer, tractor-trailer combination, or vehicle
(including but not limited to a tow truck, dump truck, flatbed truck, semi-
trailer, and the like) equal to or in excess of one and one half(1 th) tons
capacity, or which has a bed more than 8 feet long, may not be parked on any
land or premises except in an OS, U, C, or I district. However, the foregoing
shall not apply to school-uses vehicles used for the transportation of school
hild * d h , to ,a iti .hool red activity
�•r�-� ��-e��-���za�� .a.,.,. �Yc..�.,..,,� �.,....., related
to the following uses: School, Pre-K/Primary/Secondary; Group Residence,
State Regulated; Residential Care Facility; and Day Care Center.
SECTION XX. 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:
(9) In a NC or DT district, the f llowi„g additional r gulations apply
(A) Vvinyl siding is prohibited.
(B) Vents, air conditioners, and other utility elements, except where such
elements are enclosed, camouflaged, screened, obscured,or othcrwisc
not visible from the street, are prohibited as part of a front or corner
facade.
SECTION XXI. Chapter 21, Zoning, of the South Bend Municipal Code,Article 8
Building Standards, Section 21-08.02 Building Types, subsection (d) Carriage House is
hereby amended as follows:
(3) Building Type Standards
Allowed Frontage Types!
I Building frontages are only required on facades facing a street or open space.
SECTION XXII. 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
Lot Requirements
If a cottage court is subdivided into multiple lots, each lot shall front onto the
open space and meet the building coverage requirements of the applicable
zoning district.
SECTION XXIII. 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 Width(total of all attached Townhouses)
U2 district 4 units max.;Of 72' max.
All other districts 8 units max.; or 168' max.
SECTION XXIV. 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 Width
U2 district 48' max. if 1-2 stories
30' max. if 3 stories
SECTION XXV. Chapter 21, Zoning, of the South Bend Municipal Code,Article 8
Building Standards, Section 21-08.02 Building Types, subsection (i)Apartment House,
first Illustrative Examples image is hereby amended with a new image as follows:
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SECTION XXVI. Chapter 21, Zoning, of the South Bend Municipal Code,Article 8
Building Standards, Section 21-08.03 Building Frontage Types, subsection (e) Gallery,
Gallery diagram is hereby amended as follows:
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SECTION XXVII. Chapter 21, Zoning, of the South Bend Municipal Code,Article 8
Building Standards, Section 21-08.03 Building Frontage Types, subsection (e) Gallery,
subsection (2) Frontage Standards table is hereby amended as follows:
(2)Frontage Standards (2)Frontage Standards
Dimensions Dimensions
'Ai idth.i:_lear 8 min 0 Ai atr.C.lear 8'min 0
Depth Clea• 6 min Q Depth Clear 6 min 0
Ground Floor lfemgnt Clear 8 - Q Ground Floor Height.Clear 8'min 0
Height .tore max' 0 Standards
'A 2-story gallery may be ap•• • by the Zoning Gallen;shall be supported from below by a porch.arcade.
Administrator on stacked fl- .,Hops.or mid-nseitowers or other structure or visually supported by brackets
Standards corbels or beams along its full depth
Galleries shall oe, • ed from below by a porch arcade In a NC or DT district with a retail ground floor.a gallery
or other struct or visually supported by brackets shall extend over the sidewalk with approval of the Board
corbels.or • :rrrs along its full depth of Public Works
in a N" DT district.ntn a retail ground floor,a gallery
_ • xtend over the sidewalk with approval of the Board
'unite Works
SECTION XXVIII. Chapter 21, Zoning, of the South Bend Municipal Code,Article 9
Site Development, Section 21-09.01 Landscape,subsection (p) Parking Lot Landscape,
Parking Drive Landscape diagram is hereby amended as follows:
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SECTION XXIX. Chapter 21, Zoning, of the South Bend Municipal Code,Article 9 Site
Development, Section 21-09.04 Outdoor Lighting, subsection (c) Exempt is hereby
amended as follows:
(1) Residential Buildings of up to 4 Units. All outdoor light fixtures used for the
illumination of personal property,provided that such outdoor light fixtures
shall meet the maximum allowable light levels permitted by Section 21-
09.04(f) and the maximum color temperature permitted by Section 21-
09.04(i)(2).
SECTION XXX. 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. Le , Council President
South Bend Common Council
Attest:
Bianca L. Tirado, it C erk
Office of the City Cle
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, City Cl
Office of the City Clerk
Approved and signed by me on the , � py day of ,2026,at_ y o'clock g.m.
Ja s Mueller, Mayor
C. y of South Bend, Indiana