HomeMy WebLinkAbout21-06 UsesSOUTH BEND ZONING ORDINANCE 6-1
Article 21-06:
Uses Sections
Section 21-06.01: Principal Uses ..........................6-1
Section 21-06.02: Accessory Uses and Structures ......6-21
Section 21-06.03: Temporary Uses and Structures .....6-29
Section 21-06.01: Principal Uses
(a) Intent
This section classifies the uses allowed by zoning
district in order to identify the activities that support the
health, safety, and welfare of the people that live and
work in all areas of South Bend. This section includes
use definitions and any standards that may apply to a
specific use.
(b) Applicability
No building, structure, or land shall be used in any way
other than an activity or use that is permitted in the
applicable zoning district.
(c) General Provisions
(1) A site may contain more than one principal use, so
long as each principal use is allowed in the zone.
(2) If a use is not listed but is similar in nature
and impact to a use that is listed, the Zoning
Administrator may interpret the use as permitted
and shall issue a written interpretation indicating
which use category will be used.
(3) All uses shall meet any applicable federal, state,
and local requirements, including, but not limited
to, licensing, health, safety, and building and fire
code requirements.
(d) Table of Principal Uses
(1) Allowed ( ). These uses are permitted by right in
the districts in which they are listed provided that
they comply with the development standards of
that district.
(2) Allowed subject to Conditions ( ). These uses
are permitted by right in the districts in which they
are listed, provided that they comply with the
development standards of that district and with any
standards that are listed specific to that use.
(3) Special Exceptions ( ). These uses are allowed
only if reviewed and approved for a special
exception in accordance with the procedures of
Section 21-12.07(f)(4). In addition, they shall comply
with the development standards of the district
in which they are located and any applicable
additional standards associated with the use.
(4) Prohibited Use. Uses without a symbol are
prohibited in the district because they are
considered incompatible with the intent of the
district.
(5) Use Specific Standards ( ). These uses shall
comply with specific standards that apply to that
use. The definition and use specific standards
are located in the section referenced in the final
column of Table 21-06A. Except as noted, these
use specific standards apply in any district.
(6) Definitions. All uses are defined in the sub-sections
following Table 21-06A, listed alphabetically within
their general use category.
6-2 May 20, 2026
21-06.01 UsEs
Principal Uses
Table 21-06A: Principal Uses
by Zoning District
Zoning District Use Definition
& standardsS1S2U1U2U3UFNCDTOsUCI
Agricultural
Plant Agriculture 21-06.01(e)(1)
Community Garden 21-06.01(e)(2)
Indoor Food Production 21-06.01(e)(3)
Civic & Institutional
Assembly, Neighborhood 21-06.01(f)(1)
Assembly, General 21-06.01(f)(2)
Cemetery 21-06.01(f)(3)
College/University 21-06.01(f)(4)
Correctional Facility 21-06.01(f)(5)
Hospital 21-06.01(f)(6)
Library/Museum/Cultural Facility 21-06.01(f)(7)
Parks & Open Space 21-06.01(f)(8)
Police/Fire Facilities 21-06.01(f)(9)
Religious Institutions 21-06.01(f)(10)
School, Pre-K/Primary/Secondary 21-06.01(f)(11)
Zoo 21-06.01(f)(12)
Industrial, Manufacturing, & Processing
Industrial, Artisan 21-06.01(g)(1)
Industrial, Heavy 21-06.01(g)(2)
Industrial, Light 21-06.01(g)(3)
Research/Laboratory Facility 21-06.01(g)(4)
Warehouse/Distribution Facility 21-06.01(g)(5)
Waste Processing/Recycling Facility 21-06.01(g)(6)
Lodging
Bed & Breakfast 21-06.01(h)(1)
Hotel 21-06.01(h)(2)
Office
Professional Offices 21-06.01(i)(1)
Residential
Dwelling, Ancillary 21-06.01(j)(1)
Dwelling, 1 Unit 21-06.01(j)(2)
Dwelling, 2 Units 21-06.01(j)(3)
Dwelling, Mobile Home 21-06.01(j)(4)
Dwelling, Multi-Unit 21-06.01(j)(5)
Group Residence 21-06.01(j)(6)
Group Residence, State Regulated 21-06.01(j)(7)
Residential Care Facility 21-06.01(j)(8)
Shared Housing 21-06.01(j)(9)
SOUTH BEND ZONING ORDINANCE 6-3
UsEs 21-06.01
Principal Uses
Table 21-06A: Principal Uses
by Zoning District (continued)
Zoning District Use Definition
& standardsS1S2U1U2U3UFNCDTOsUCI
Retail & Service
Adult Business 21-06.01(k)(1)
Animal Care Establishment 21-06.01(k)(2)
Bar/Tavern 21-06.01(k)(3)
Beer/Wine/Liquor Sales 21-06.01(k)(4)
Commercial School 21-06.01(k)(5)
Day Care Center 21-06.01(k)(6)
Drive-Through Facility 21-06.01(k)(7)
Entertainment/Recreation Facility, Indoor 21-06.01(k)(8)
Entertainment/Recreation Facility, Outdoor 21-06.01(k)(9)
Funeral Services 21-06.01(k)(10)
Gas/Fuel Station 21-06.01(k)(11)
Medical/Dental Clinic 21-06.01(k)(12)
Personal Care & Services 21-06.01(k)(13)
Private Club/Lodge 21-06.01(k)(14)
Restaurant 21-06.01(k)(15)
Retail & Service, General 21-06.01(k)(16)
Retail & Service, Heavy 21-06.01(k)(17)
Self-Storage Facility 21-06.01(k)(18)
Tattoo/Piercing Parlor 21-06.01(k)(19)
Tobacco/Hookah/Vaping 21-06.01(k)(20)
Vehicle Sales or Rental 21-06.01(k)(21)
Vehicle Service, Major 21-06.01(k)(22)
Vehicle Service, Minor 21-06.01(k)(23)
Transportation
Airport 21-06.01(l)(1)
Freight Terminal/Facility 21-06.01(l)(2)
Heliport 21-06.01(l)(3)
Parking Lot 21-06.01(l)(4)
Passenger Terminal 21-06.01(l)(5)
Transit Station 21-06.01(l)(6)
Utilities
Solar Farm 21-06.01(m)(1)
Utilities, Major 21-06.01(m)(2)
Utilities, Minor 21-06.01(m)(3)
Wireless Communications 21-06.01(m)(4)
See Section 21-06.02 for accessory use standards.
Key Allowed Allowed subject to Conditions Special Exception Use Specific Standards
6-4 May 20, 2026
21-06.01 UsEs
Principal Uses
21-06.01(e): Agricultural
(1) Plant Agriculture
A commercial agricultural operation of any size
that grows horticultural or nursery stock or fruits,
vegetables, grain, or other agricultural crops outdoors.
(2) Community Garden
A space where food, trees, and other plants are grown
for personal, group, shareholder, or lessee use, or for
donation, including for educational, recreational, and
beautification purposes. Community gardens may
be divided into separate plots for cultivation by one
or more individuals or may be farmed collectively by
members of the group and may include common areas
maintained or used by community group members.
(A) Standards:
(i) No more than one stand selling and/or
distributing agriculture and horticultural
products produced on site shall be provided.
(3) Indoor Food Production
A commercial operation that produces fruits,
vegetables, grain, or other agricultural crops;
horticultural or nursery stock; or aquaculture in a
permanent indoor facility. Includes greenhouses.
Excludes retail sales of products.
21-06.01(f): Civic & Institutional
(1) Assembly, Neighborhood
A smaller-scale facility that has organized services,
meetings, events, or programs to benefit, educate,
entertain, or promote discourse in a public or private
setting indoors. Includes such uses as community
centers, recreation centers, meeting or lecture halls,
exhibition rooms, or auditoria. If an assembly use is
ancillary to another principal use, and has a gross floor
area of less than 5,000 square feet, it is considered part
of that use and is not considered a separate principal
use. Excludes religious institutions.
(A) Standards:
(i) Neighborhood assembly uses shall not exceed
20,000 square feet of gross floor area.
(2) Assembly, General
A large-scale facility that has organized services,
meetings, events, or programs to benefit, educate,
entertain, or promote discourse in a public or private
setting, indoors or outdoors. Includes such uses as
community centers, recreation centers, meeting or
lecture halls, exhibition rooms, auditoria, arenas, stadia,
and fairgrounds. Excludes religious institutions and
uses classified as Assembly, Neighborhood.
(3) Cemetery
Land or structures dedicated for the internment of
human or animal remains.
(4) College/University
A post-secondary institution, public or private, for higher
learning that grants associate, bachelor, masters, or
doctoral degrees. Includes theological schools. Includes
related ancillary facilities, such as cafeterias, restaurants,
retail, indoor or outdoor recreational facilities, research
facilities, and similar uses.
(5) Correctional Facility
A jail, prison, or other similar place of incarceration
of adults or minors owned by the government.
Includes related ancillary facilities, such as cafeterias,
classrooms, and recreational facilities.
(6) Hospital
A licensed facility that provides health, medical, or
surgical care to the sick or injured, often on an inpatient
basis. Includes related ancillary facilities, such as
laboratories, outpatient clinics, pharmacies, cafeterias,
gift shops, training facilities, classrooms, central service
facilities, heliports, and offices integral to function of
the facility.
(7) Library/Museum/Cultural Facility
A facility open to the general public for cultural services
and exhibitions. Includes such uses as museums,
cultural centers, historical societies, and libraries
operated by a government or nonprofit establishment.
Includes related ancillary uses, such as classrooms,
meeting rooms, retail, offices, or food service.
(A) Standards:
(i) In a S1, S2, U1, U2, U3, or UF district, library/
museum/cultural facility uses shall not exceed
10,000 square feet of gross floor area.
SOUTH BEND ZONING ORDINANCE 6-5
UsEs 21-06.01
Principal Uses
(8) Parks & Open space
An open outdoor space, public or private, designed for
active or passive recreational use or natural resources
protection. Includes such uses as parks, plazas,
greens, botanical or ornamental gardens, playfields
and game courts, playgrounds, and monuments.
Includes related ancillary facilities, such as picnic
areas, gazebos, ziplines, and swimming pools. Excludes
golf courses and skate parks, which are considered an
Entertainment/Recreation Facility, Outdoor use.
(9) Police/Fire Facilities
A facility operated by a public safety agency,
including such uses as fire stations and firefighting
training facilities, police and sheriff substations
and headquarters, emergency medical services
substations, and public safety communication centers.
(10) Religious Institutions
A facility devoted primarily to the purpose of divine
worship. Includes related ancillary uses, which
are subordinate to and commonly associated with
the religious institution use, such as schools and
instructional facilities, daycare centers, and social uses.
(11) School, Pre-K/Primary/Secondary
A public, private, or parochial institution offering
instruction at the preschool through high school levels
with a full range of curricular programs. Includes
related on-site ancillary facilities, such as cafeterias,
gymnasiums, theaters, playgrounds, and athletic
facilities.
(12) Zoo
A facility for the exhibition and viewing of animals.
Includes related ancillary uses, such as retail and
restaurants.
21-06.01(g): Industrial, Manufacturing, &
Processing
(1) Industrial, Artisan
A manufacturing use involving small-scale production,
assembly, and/or repair with no noxious by-products.
Includes such uses as bakeries, confectioners,
breweries, metalworking, woodworking, and maker
spaces. Includes related ancillary uses and facilities,
such as a retail, restaurant, showroom, offices, storage,
sales, and distribution of products.
(A) Standards:
(i) Artisan industrial uses shall not exceed 15,000
square feet of gross floor area.
(ii) Outdoor storage is prohibited, except in a C
or I district. See Section 21-06.02(f)(25) for
additional outdoor storage regulations.
(iii) Deliveries or pick-ups related to the use are
limited to parcel and small freight carriers,
except in a C or I district.
(2) Industrial, Heavy
A facility for the processing, manufacturing,
compounding, or storage of materials, products, or
energy, where the scale and method of operation
may produce significant external impacts detectable
beyond the lot lines of the property. External impacts
include noise, heat, glare, dust, smoke, fumes, odor,
vibration, and/or other noxious by-products. May
regularly employ hazardous material or produce
hazardous by-products, may include outdoor storage
areas, and may have activities that take place outside
of structures. Includes such uses as outdoor storage
yards, junkyards, salvage yards, foundries, steel mills,
and asphalt and concrete product manufacturing.
(A) Standards:
(i) A Type 4 buffer, designed per Section 21-
09.01(o), shall be provided along the entire side
and rear lot lines that abut a lot in any zone
other than an I district.
(ii) Outdoor storage is not permitted within an
established front or corner yard.
(iii) See Section 21-06.02(f)(25) for additional
outdoor storage regulations.
21-06.01(f): Civic & Institutional (continued)
6-6 May 20, 2026
21-06.01 UsEs
Principal Uses
(3) Industrial, Light
A facility for the processing or manufacturing of
products or parts, including fabrication, assembly,
treatment, and packaging of such products, and the
incidental storage, sales, and distribution of such
products, provided that all manufacturing processes
are contained entirely within a fully enclosed building.
Any heat, glare, dust, smoke, fumes, odors, or vibration
are confined to the building, and little or no external
impacts are detectable beyond the lot lines of the
property.
(A) Standards:
(i) A Type 3 buffer, designed per Section 21-
09.01(o), shall be provided along the entire side
and/or rear lot line that abuts a lot in a S1, S2,
U1, U2, U3, UF, OS, or U district.
(ii) Outdoor storage is not permitted within an
established front or corner yard.
(iii) See Section 21-06.02(f)(25) for additional
outdoor storage regulations. .
(4) Research/Laboratory Facility
A facility where testing, research, and development
is conducted in industries such as biotechnology,
pharmaceuticals, medical instrumentation or supplies,
communication and information technology, vehicle
components, and electronics and instrumentation.
Other than prototype development, excludes the
manufacturing, fabrication, processing, or sale of
products.
(5) Warehouse/Distribution
A facility for the storage, transfer, wholesaling, and
distribution of goods. If a warehouse/distribution use is
ancillary to another principal use, and has a gross floor
area of less than 10,000 square feet, it is considered
part of the principal use and is not considered a
separate principal use.
(A) Standards:
(i) A Type 3 buffer, designed per Section 21-
09.01(o), shall be provided along the entire side
and/or rear lot line that abuts a lot in a S1, S2,
U1, U2, U3, UF, OS, or U district.
(ii) Outdoor storage is not permitted within an
established front or corner yard.
(iii) See Section 21-06.02(f)(25) for additional
outdoor storage regulations.
(6) Waste Processing/Recycling Facility
A facility for the collection, storage, and transfer of
solid waste, which may include the collection, storage,
processing, and transfer of recyclables, and organic
and yard waste. Excludes salvage yards, industrial or
sanitary landfills, and waste incineration facilities.
(A) Standards:
(i) A Type 4 buffer, designed per Section 21-
09.01(o), shall be provided along the entire side
and rear lot lines that abut a lot in any zone
other than an I district.
(ii) Outdoor storage is not permitted within an
established front or corner yard.
(iii) See Section 21-06.02(f)(25) for additional
outdoor storage regulations.
21-06.01(h) Lodging
(1) Bed & Breakfast
A dwelling that provides temporary lodging for
compensation in guest rooms with no in-room cooking
facilities. Includes related ancillary facilities, such as
dining and meeting rooms.
(A) Standards:
(i) The dwelling shall be the primary residence of
the owner.
(ii) The bed and breakfast shall not alter the
character of the dwelling as a residence.
(iii) No more than five guest rooms, and no more
than ten guests at any one time, are permitted.
(iv) Occupancy by any one guest shall not exceed
30 cumulative nights within any 3-month
period.
21-06.01(g): Industrial, Manufacturing, &
Processing (continued)
SOUTH BEND ZONING ORDINANCE 6-7
UsEs 21-06.01
Principal Uses
(2) Hotel
A facility that provides temporary lodging, in one or
more buildings, for compensation. Includes related
ancillary facilities, such as dining facilities, meeting
rooms, and other incidental services.
(A) Standards:
(i) Rooms shall be accessed from the interior of
the building, including from interior courtyards,
lobbies, or halls.
(ii) A bathroom shall be provided for each room.
(iii) In a UF district, hotels shall have no more than
5 guest rooms.
21-06.01(i) Office
(1) Professional Offices
A facility for the processing, manipulation, or
application of information or professional expertise,
including by businesses, nonprofit organizations, and
the government. When such facility offers services
to the public, they are typically provided at set
appointments or meeting times, not on a walk-in basis.
21-06.01(j) Residential
(1) Dwelling, Ancillary
A dwelling unit that is subordinate and incidental to a
primary building on the same lot. An ancillary dwelling
unit may be detached or attached to the primary
building.
(A) Standards:
(i) Only one ancillary dwelling is allowed per lot.
(ii) In a S1, U1, or U2 district, the owner(s) of the lot
upon which the ancillary dwelling is located
shall occupy at least one of the dwelling units
on the premises.
(iii) The finished floor area of an ancillary dwelling
shall be no more than 75 percent of the
finished floor area of the primary dwelling
or 800 square feet, whichever is less. If the
ancillary dwelling unit is accessory to a non-
residential use, it shall be no more than 1,200
square feet.
(iv) A detached ancillary dwelling, if located in
any standard district, shall comply with the
regulations for a carriage house, as defined in
Section 21-08.02(d).
(v) A detached ancillary dwelling shall only be
located in an established rear yard and shall
comply with all required building setbacks,
except that an ancillary dwelling may encroach
into a required rear setback up to within 5 feet
of the rear lot line.
(vi) A detached ancillary dwelling shall meet
all accessory height requirements of the
applicable zoning district.
(vii) If a separate entrance is provided for an
attached ancillary dwelling, it shall be located
on the side facade, rear facade, or be setback
at least 20 feet if located on a front or corner
facade.
(2) Dwelling, 1 Unit
A structure that contains only one dwelling unit.
(A) Standards:
(i) In a NC or DT district, a dwelling unit shall not
be located directly along the street frontage,
except for an existing Detached House building
type that has not been converted previously to
a non-residential use. The dwelling unit may
be on an upper floor of the building or behind
another ground floor, non-residential principal
use.
21-06.01(h) Lodging (continued)
6-8 May 20, 2026
21-06.01 UsEs
Principal Uses
(3) Dwelling, 2 Units
A primary building that contains two dwelling units on
the same lot.
(A) Standards:
(i) In a NC or DT district, a dwelling unit shall not
be located directly along the street frontage,
except for an existing Detached House building
type that has not been converted previously
to a non-residential use. Dwellings may be on
upper floors of the building or behind another
ground floor, non-residential principal use.
(4) Dwelling, Mobile Home
A movable or portable dwelling unit that (i) is fabricated
in one or more modules at a location other than
the home site, by assembly-line type production
techniques or by other construction methods unique
to an off-site manufacturing process; (ii) is designed
for occupancy by one family; (iii) is erected or located
as specified by the City of South Bend Building Code;
and, (iv) was either constructed prior to June 15, 1976;
or, constructed subsequent to or on June 15, 1976 and
bears a seal, certifying that it was built in compliance
with the Federal Mobile Home Construction and Safety
Standards law.
(5) Dwelling, Multi-Unit
A structure that contains three or more dwelling units
on the same lot.
(A) Standards:
(i) In a U2 district, a multi-unit dwelling shall have
no more than four dwelling units.
(ii) In a U2 district, a conversion to add one or
more dwelling units, other than an ancillary
dwelling, to an existing structure shall require a
special exception.
(6) Group Residence
A residential facility providing any combination of food,
shelter, personal care, social services, counseling
services, or transportation to residents; or a residential
facility providing common living areas such as a
kitchen, living room, dining room, or recreation rooms.
Includes uses such as boarding houses, domestic
violence shelters, homeless shelters, halfway houses,
or any other residential facility for individuals which do
not qualify as a family or any other form of residential
facility expressly provided for in this Ordinance.
(7) Group Residence, state Regulated
A residential facility regulated by IC 12-28-4 et seq.
(8) Residential Care Facility
A licensed care facility that provides 24-hour medical
or non-medical care to persons in need of personal
services, supervision, protection, or assistance
essential for sustaining the activities of daily living.
Includes such uses as nursing homes, convalescent
homes, independent living, assisted living, continuum
of care, and hospice facilities.
(9) shared Housing
A dwelling unit located within a mixed use or multi-
unit dwelling occupied by unrelated persons living as
a single housekeeping unit, provided that the number
of occupants does not exceed twice the number of
bedrooms, and that the total number of occupants does
not exceed four regardless of the number of bedrooms.
21-06.01(k) Retail & Service
(1) Adult Business
Businesses including, but not limited to, the following:
Adult bookstore, adult cabaret (a.k.a. class B cabaret),
adult drive-in theater, adult motion picture theater,
adult mini motion picture theater, adult motion picture
arcade, adult live entertainment arcade, adult motel or
adult service establishment.
(A) Location. An adult business shall not be located
within 500 feet of any:
(i) Other adult business;
(ii) District within the City of South Bend, St.
Joseph County, or the City of Mishawaka which
allows any residential use as a principal use,
other than an ancillary dwelling unit;
(iii) Lot being legally established for a residential
use, religious institution use, school use, or
parks and open space use;
21-06.01(j) Residential (continued)
SOUTH BEND ZONING ORDINANCE 6-9
UsEs 21-06.01
Principal Uses
(B) Definitions. For the purposes of this section, the
following terms have the following meanings:
(i) Adult Bookstore. An establishment having as a
preponderance of its stock in trade or its dollar
volume in trade, books, magazines, periodicals,
or other printed matter, or photographs, films,
motion pictures, video cassettes, slides, tapes,
records, or other forms of visual or audio
representations which are distinguished or
characterized by their emphasis on matter
depicting, describing, or relating to specified
sexual activities or specified anatomical areas.
(ii) Adult Cabaret (a.k.a. Class B Cabaret). Any
cabaret, nightclub, bar, tavern, restaurant, or
similar establishment, which features:
i. Persons who appear in a state of semi-
nudity;
ii. Live performances by topless or
bottomless dancers, go-go dancers,
exotic dancers, strippers, or similar
entertainers where such performances
are distinguished or characterized by the
exposure of specified anatomical areas or
by emphasis on specified sexual activities;
iii. Films, motion pictures, video cassettes,
slides, or other photographic reproductions
which are characterized by the depiction or
description of specified sexual activities or
specified anatomical areas for observation
by patrons; or,
iv. Persons who engage in lewd, lascivious,
or erotic dancing or performances that
are intended for the sexual interests or
titillation of an audience or customers.
(iii) Adult Business. An Adult Bookstore, Adult
Motion Picture Theater, Adult Mini Motion Picture
Theater, Adult Motion Picture Arcade, Adult
Cabaret (a.k.a. Class B Cabaret), Adult Drive-in
Theater, Adult Live Entertainment Arcade, Adult
Motel, or Adult Service Establishment.
(iv) Adult Drive-In Theater. An open lot or part
thereof, with appurtenant facilities, devoted
primarily to the presentation of motion pictures,
films, theatrical productions, and other forms of
visual productions, for any form of consideration,
to persons in motor vehicles or on outdoor
seats in which a preponderance of the total
presentation time is devoted to the showing of
materials distinguished or characterized by an
emphasis on matter depicting, describing, or
relating to specified sexual activities or specified
anatomical areas for observation by patrons.
(v) Adult Live Entertainment Arcade. Any
building or structure which contains or is
used for commercial entertainment where
the patron directly or indirectly is charged
a fee to view from an enclosed or screened
area or booth a series of live dance routines,
strip performances, or other gyrational
choreography which performances are
distinguished or characterized by an emphasis
on specified sexual activities or by exposure of
specified anatomical areas.
(vi) Adult Mini Motion Picture Theater. An enclosed
building with a capacity of more than 5 but less
than 50 persons, used for presenting films,
motion pictures, video cassettes, slides, or
similar photographic reproductions in which a
preponderance of the total presentation time is
devoted to the showing of materials which are
distinguished or characterized by an emphasis
on matter depicting, describing, or relating
to specified sexual activities or specified
anatomical areas for observation by patrons
therein.
(vii) Adult Motel. A hotel, motel, or similar
establishment offering public accommodations
for any form of consideration which provides
patrons, upon request, with closed-circuit
television transmissions, films, motion pictures,
video cassettes, slides, or other photographic
reproductions which are distinguished or
characterized by an emphasis upon the
depiction or description of specified sexual
activities or specified anatomical areas.
21-06.01(k) Retail & Service (continued)
6-10 May 20, 2026
21-06.01 UsEs
Principal Uses
(viii) Adult Motion Picture Arcade. Any place
to which the public is permitted or invited
wherein coin or slug-operated or electronically,
electrically, or mechanically controlled still
or motion picture machines, projectors, or
other image-reducing devices are maintained
to show images to 5 or fewer persons per
machine at one time, and where the images so
displayed are distinguished or characterized
by an emphasis on depicting or describing
specified sexual activities or specified
anatomical areas.
(ix) Adult Motion Picture Theater. An enclosed
building with a capacity of 50 or more persons
used for presenting films, motion pictures,
video cassettes, slide, or similar photographic
reproductions in which a preponderance
of the total presentation time is devoted to
showing of materials which are distinguished
or characterized by an emphasis on matter
depicting, describing, or relating to specified
sexual activities or specified anatomical areas
for observation by patrons therein.
(x) Adult Service Establishment. Any building,
structure, premises, or other facility, or any part
thereof, under common ownership or control
which provides a preponderance of services
involving specified sexual activities or display
of specified anatomical areas.
(xi) Enlargement Of An Adult Business. An
increase in the size of the building, structure,
or premises in which the adult business is
conducted by either construction or use of: (1)
an adjacent building; (2) an additional building;
or, (3) the construction or use of any portion
of an adjacent building or additional building,
whether located on the same or an adjacent lot
or parcel of land.
(xii) Establishing An Adult Business. Any of the
following:
i. The opening or commencement of an
adult business as a new business;
ii. The conversion of an existing business,
whether or not an adult business, to any of
the adult businesses defined herein;
iii. The addition of any of the features of one
or more of the adult businesses defined
herein to an existing business;
iv. The addition of any of the adult businesses
defined herein to any other existing adult
business; or,
v. The relocation of any adult business
(xiii) Nonconforming Adult Use: Any building,
structure, or land legally established as an
adult business prior to the effective date of
this Ordinance, but which would be prohibited,
regulated, or restricted under the provisions of
this Ordinance.
(xiv) Reconstruction Of An Adult Business. The
rebuilding or restoration of any nonconforming
adult business use which was damaged or
partially destroyed by an exercise of the power
of eminent domain, or by fire, flood, wind,
explosion, or other calamity or act of God if the
damage or destruction exceeds 50 percent of
the fair market value of the building, structure,
or the facilities affected.
(xv) Resumption:.The reuse or reoccupation of a
nonconforming adult business use which has
been discontinued for a period of 6 or more
consecutive months.
(xvi) Services Involving Specified Sexual Activities
Or Display Of Specified Anatomical Areas (as
used to define an Adult Service Establishment).
Any combination of 2 or more of the following
activities:
i. The sale or display of books, magazines,
periodicals or other printed matter, or
photographs, films, motion pictures, video
cassettes, slides, tapes, records, or other
forms of visual or audio representations
which are characterized by an emphasis
upon the depiction or description of
specified sexual activities or specified
anatomical areas;
21-06.01(k) Retail & Service (continued)
SOUTH BEND ZONING ORDINANCE 6-11
UsEs 21-06.01
Principal Uses
ii. The presentation of films, motion
pictures, video cassettes, slides, or similar
photographic reproductions which are
distinguished or characterized by an
emphasis upon the depiction or description
of specified sexual activities or specified
anatomical areas for observation by
patrons;
iii. The operation of coin or slug operated or
electronically, electrically or mechanically
controlled still or motion picture machines,
projectors, or other image producing
devices to show images to 5 or fewer
persons per machine at any one time
and where the images so displayed are
distinguished or characterized by an
emphasis on depicting or describing
specified sexual activities or specified
anatomical areas; or,
iv. Live performances by topless or
bottomless dances, go-go dancers,
exotic dancers, strippers, or similar
entertainers, where such performances
are distinguished or characterized by an
emphasis on specified sexual activities or
specified anatomical areas.
(xvii) Specified Anatomical Areas: Any of the
following:
i. Less than completely and opaquely
covered human genitals, pubic region,
buttocks, anus, or female breasts below
a point immediately above the top of the
areolae; or,
ii. Human male genitals in a discernibly turgid
state, even if completely and opaquely
covered.
(xviii) Specified Sexual Activities: Any of the
following:
i. Human genitals in a state of sexual
stimulation or arousal;
ii. Acts of human masturbation, sexual
intercourse, or sodomy;
iii. Fondling or other erotic touching of human
genitals, pubic regions, buttocks, or female
breasts;
iv. Flagellation or torture in the context of a
sexual relationship;
v. Masochism, erotic or sexually oriented
torture, beating, or the infliction of pain;
vi. Erotic touching, fondling, or other such
contact with an animal by a human being;
or,
vii. Human excretion, urination, menstruation,
or vaginal or anal irrigation as part of or in
connection with any of the activities set
forth in (i) through (vi) above.
(xix) Structural Alteration Of An Adult Business:
Any change which would prolong the life of the
supporting members of a building or structure
such as bearing walls, columns, beams, or
girders, except such changes as are ordered
made pursuant to the provisions of the Unsafe
Building Law, IC 36-7-9-1, and any amendments
thereto.
(C) Exterior Display for Adult Businesses.
(i) No adult business shall be conducted in any
manner that permits the observation of any
material depicting, describing, or relating
to specified sexual activities or specified
anatomical areas by display, decorations, sign,
show window, or other opening from any public
right-of-way.
(ii) Not more than one wall sign shall be permitted
for an adult business and such sign shall be
permitted only on the front facade of the
building. In addition to the one permitted wall
sign, an adult business may be permitted not
more than one freestanding sign per Section
21-10.05(e). All other sign structures shall be
prohibited.
21-06.01(k) Retail & Service (continued)
6-12 May 20, 2026
21-06.01 UsEs
Principal Uses
(iii) The sign surface area of a wall sign for an adult
business shall not exceed 16 square feet. The
maximum sign surface area of a freestanding
sign, where permitted, shall not exceed 48
square feet.
(iv) Signs and sign structures may be illuminated,
provided, however, such illumination shall not
be by way of exposed neon, exterior lighting
(e.g., spot or flood lights) or any flashing or
animated lights (either interior to the sign, on the
exterior of the sign, or as a border to the sign).
(2) Animal Care Establishment
A business which provides care for domestic animals.
Includes such uses as veterinary offices, pet grooming
facilities, pet resorts/hotels, animal training facilities,
animal rescue shelters, kennels, and pet boarding
facilities where animals are boarded during the day or
for overnight stays.
(A) Standards:
(i) In a UF, NC, or DT district, no animal care
activity shall take place outdoors.
(ii) Outdoor exercise areas shall not be located in
an established front or corner yard.
(iii) Any outdoor animal care activity, including
exercise areas, located within 100 feet from
a S1, S2, U1, U2, U3, or UF district shall be
screened with a Type 3 buffer designed per
Section 21-09.01(o).
(3) Bar/Tavern
An establishment primarily engaged in the sale or
dispensing of alcoholic beverages by the drink for
on-site consumption. May include related ancillary
activities, such as the sale of packaged liquor, the
availability of food for on-site consumption, and live
entertainment that is clearly incidental and subordinate
to the bar/tavern use.
(4) Beer/Wine/Liquor sales
An establishment whose primary business, in terms
of gross floor area or sales, is the sale of alcoholic
beverages for off-site consumption.
(5) Commercial school
A school that teaches industrial, vocational, clerical,
managerial, commercial, artistic, or other select skills;
conducts a commercial enterprise, such as a driving
school; or a privately operated school that does not
offer a complete educational curriculum.
(6) Day Care Center
A business that provides licensed care in a protective
setting for children or elderly or disabled adults for
less than 24 hours per day. Includes Class II child care
homes as defined by IC 12-7-2. Excludes licensed Class
I child care homes as defined by IC 12-7-2, which are
permitted in all districts.
(7) Drive-Through Facility
A facility that dispenses goods through an attendant
window or automated machine to persons remaining
in or on motor vehicles in a designated drive aisle. A
drive-through may or may not be in conjunction with
another principal use.
(A) Standards:
(i) A drive-through is determined by the entire
length of the operation including the required
waiting spaces to the services/pick-up
window.
(ii) No portion of a drive-through facility shall be
located between the front facade and front lot
line or the corner facade and corner lot line.
(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
parking spaces.
(iv) A drive-through facility shall have a minimum
width of 10 feet measured from the farthest
point of projection of a drive-through facility
from the building or structure.
(v) Except in a NC or DT district, a drive-through
facility shall have a bail out capability for all
vehicles which have entered the drive through
lane. When provided, a bail out lane shall have
a minimum width of 10 feet measured from
and running parallel to the full length of the
drive through lane. If a bail out lane also serves
21-06.01(k) Retail & Service (continued)
SOUTH BEND ZONING ORDINANCE 6-13
UsEs 21-06.01
Principal Uses
as an interior access drive providing access
to parking spaces, the bail out lane / interior
access drive shall be limited to a one-way
traffic pattern following the direction of the
drive through lane.
(vi) A drive-through facility shall provide at least
three waiting spaces, at a minimum depth
of 18 feet, prior to the first occurrence of any
ordering, pick up or service facility.
(vii) A Type 1 buffer, designed per Section 21-
09.01(o), shall be provided along the entire
front and corner yard lot lines not occupied by
buildings.
(viii) In a C or I district, a Type 2 buffer, designed per
Section 21-09.01(o), shall be provided along
the entire side and rear lot lines that abut a lot
in a S1, S2, U1, U2, U3, UF, OS, or U district not
separated by an alley.
(ix) A drive-through canopy shall be consistent in
design and materials with the primary building,
shall be neutral colored, and shall have
masonry support columns.
(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.
(8) Entertainment/Recreation Facility, Indoor
A facility for leisure uses conducted within an enclosed
building. Includes such uses as amusement centers,
arcades, bowling alleys, casinos, live and movie
theaters, music venues, pool halls, skating and roller
rinks and facilities, and tumbling centers. Includes
related ancillary uses, such as food service. Excludes
Assembly uses.
(9) Entertainment/Recreation Facility, Outdoor
A facility for leisure uses conducted outdoors or within
partially enclosed structures. Includes such uses
as amusement parks, batting cages, campgrounds,
drive-in movie theaters, fairgrounds, golf courses,
miniature golf courses, golf driving ranges, recreational
vehicle parks, skating parks, and tennis clubs. Includes
related ancillary uses, such as food service. Excludes
Assembly uses.
(10) Funeral services
A facility where the deceased are prepared for burial
display and for rituals before burial or cremation.
Includes such facilities as chapels, funeral homes,
crematoriums, and showrooms for the display and sale
of caskets, vaults, urns, and other items related to
burial services.
Drive-Through Layout
21-06.01(k) Retail & Service (continued)Bail out lane10' min.
Waiting spacesOrdering Point
Type 1 Buffer
StreetDrive-through lane*
Street
StreetStreetStreet
6-14 May 20, 2026
21-06.01 UsEs
Principal Uses
(11) Gas/Fuel station
A facility engaged in the retail sales of personal or
commercial vehicle fuels.
(A) Standards:
(i) Fuel dispensers and pump island canopies
shall not be located within any minimum
required setback. In a NC or DT district, 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
fuel sales area.
(iv) A Type 1 buffer, designed per Section 21-09.01(o),
shall be provided along the entire front and
corner yard lot lines not occupied by buildings.
(v) A Type 2 buffer, designed per Section 21-09.01(o),
shall be provided along the entire side and rear
lot lines that abut a lot in a S1, S2, U1, U2, U3,
UF, OS, or U district not separated by an alley.
(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.
(12) Medical/Dental Clinic
A facility for physicians, dentists, chiropractors, physical
therapists, mental health practitioners, or other licensed
healthcare practitioners to examine and treat persons on
an outpatient basis.
21-06.01(k) Retail & Service (continued)
Gas/fuel station layout for a suburban location
Gas/fuel station layout for an urban location
Type 1
Buffer
Type 1 Buffer
ParkingMin. Setback
Fuel Pump Canopy
Fuel Pump
Canopy
Parking
Type 1 Buffer
SOUTH BEND ZONING ORDINANCE 6-15
UsEs 21-06.01
Principal Uses
(13) Personal Care & services
A business engaged in hairdressing, cosmetology, or
other similar services. Includes such uses as barber
shops, beauty shops, nail salons, and massage parlors.
(14) Private Club/Lodge
A facility for an organization, which does not operate
for profit and excludes the general public but is open
to people upon invitation, nomination, or payment of
annual fees or dues, for social, recreational, political,
and/or entertainment activities. A private club/lodge
may serve meals and alcohol on the premises for
members and their guests only.
(15) Restaurant
A business where food and beverages are prepared
for and served to patrons for consumption either on-
premises or off-premises. Includes such uses as cafes,
coffee shops, diners, fast-food establishments, lunch
counters, and cafeterias.
(16) Retail & service, General
A business that provides goods or services directly to
the consumer, and where such goods or services are
available for immediate purchase on the premises by
the purchaser. Includes such uses as clothing retailers,
convenience stores, grocery stores, financial institutions,
fitness centers, and banquet halls.
(17) Retail & service, Heavy
A retail and service business with permanent outdoor
display, service, and storage areas. Includes such
uses as the sale of lumber and building supplies,
garden and landscaping supplies and equipment,
industrial equipment, and outdoor structures such
as prefabricated sheds, decks and patios, swimming
pools, and play equipment. Excludes Vehicle Sales or
Rental.
(A) Standards:
(i) A Type 3 buffer, designed per Section 21-
09.01(o), shall be provided along the entire side
and rear lot lines that abut a lot in any zone
other than an I district, whether or not the lot is
separated by an alley.
(ii) Outdoor storage and operations shall be
screened from view by a building and/or a
Type 2 buffer, designed per Section 21-09.01(o).
(iii) See Section 21-06.02(f)(25) for additional
outdoor storage regulations.
(18) Self-Storage Facility
A facility where individual spaces, inside or outside
of a structure, are leased for the storage of personal
property. Includes related ancillary uses such as the
retail sales of packing, moving, and storage supplies.
(A) Standards:
(i) In a NC, DT, or C district, no outdoor storage
shall be provided on site.
(ii) In a NC or DT district, access to individual
storage units shall be provided from common
areas or hallways located indoors. No direct
access or outward appearance of direct access
to an individual storage space shall be provided
from the building exterior.
(iii) Outdoor storage and operations shall be
screened from view by a building and/or a
Type 2 buffer, designed per Section 21-09.01(o).
(iv) See Section 21-06.02(f)(25) for additional
outdoor storage regulations.
(19) Tattoo/Piercing Parlor
A facility required to be licensed under Chapter 13 of
the South Bend Municipal Code that provides services
including deliberately scarring, burning, or pricking
the skin so as to leave a mark or a color that cannot be
removed without a surgical procedure. Includes such
services as tattooing, permanent coloring, scarifying
and branding, and the piercing of the human body
to create a permanent hole (excluding ear piercing
services which meet all requirements of Section 13-148
of the South Bend Municipal Code).
(20) Tobacco/Hookah/Vaping Establishment
An establishment whose primary business, in terms of
gross floor area or sales, is related to the sale of tobacco
products or related accessories, hookah products or
related accessories, other smoking products or related
accessories, or electronic nicotine delivery systems or
related accessories, for on- or off-premise use.
21-06.01(k) Retail & Service (continued)
Type 1
Buffer
6-16 May 20, 2026
21-06.01 UsEs
Principal Uses
(21) Vehicle sales or Rental
A business that sells, leases, or rents automobiles,
vans, recreational vehicles, commercial vehicles,
trucks, trailers, motorcycles, scooters, watercraft, or
other powered personal transportation or conveyance.
Includes related ancillary uses, such as on-site facilities
for the repair and service of vehicles sold, leased, or
rented.
(A) Standards:
(i) In a DT district, vehicle sales or rental shall be
located within a fully enclosed building.
(ii) In a NC district, vehicle sales or rental shall be
located:
i. Within a fully enclosed building, or
ii. In an established rear yard and not visible
from a public right-of-way other than an
alley.
(iii) A vehicle sales or rental use shall have a
minimum lot size of 120’ by 180’.
(iv) Any repair and service operations shall be
performed within a fully enclosed building.
(v) No partially dismantled, wrecked, or
unregistered vehicle shall be stored outdoors
on the premises.
(vi) Each vehicle for sale or rental shall have direct
access to an interior access drive.
(vii) Any outdoor display area shall not be located in
any required setback.
(viii) Any outdoor display area along front and corner
lot lines shall be screened by a Type 1 buffer,
designed per Section 21-09.01(o).
(ix) Any outdoor display area along side and rear lot
lines that abut a lot in a district other than C or I,
whether or not the lot is separated by an alley,
shall be screened by a Type 3 buffer, designed
per Section 21-09.01(o).
(x) Any outdoor display area shall be considered
a parking area for determining and providing
parking landscape islands in compliance with
Section 21-09.01(p).
(22) Vehicle service, Major
A business that offers major vehicle repairs such as
engine rebuilding; major reconditioning of worn or
damaged motor vehicles or trailers; towing and collision
service, including body, frame, or fender straightening
or repair; painting of motor vehicles; or repair to
commercial vehicles, recreational vehicles, or watercraft.
(A) Standards:
(i) Any repair and service operations shall be
performed within a fully enclosed building. Bay
doors may be open during hours of operation.
(ii) No partially dismantled, wrecked, or
unregistered vehicle shall be stored outdoors
for more than 14 days, except in an I district,
where the maximum time shall be 30 days.
(iii) Outdoor storage and operations shall be
screened from view by a building and/or a Type
2 buffer, designed per Section 21-09.01(o).
(iv) See Section 21-06.02(f)(25) for additional
outdoor storage regulations.
(23) Vehicle service, Minor
A business that offers minor vehicle repairs such as oil
changes; repair or replacement of cooling, electrical,
fuel, and exhaust systems; brake adjustments,
relining, and repairs; wheel servicing, alignment, and
balancing; repair and replacement of shock absorbers;
detailing; and replacement or adjustment of muffler
systems, hoses, belts, fuses, windshield wipers, and
the like. Includes repairs to two-wheeled and three-
wheeled motor vehicles. Includes car washes, whether
mechanical, self-wash, or hand wash. Includes related
ancillary uses, such as towing and collision service.
Excludes vehicle dismantling.
(A) Standards:
(i) Any repair and service operations shall be
performed within a fully enclosed building. Bay
doors may be open during hours of operation.
(ii) No partially dismantled, wrecked, or
unregistered vehicle shall be stored on-site.
21-06.01(l) Transportation
(1) Airport
A facility for the takeoff, landing, and maintenance of civil
21-06.01(k) Retail & Service (continued)
SOUTH BEND ZONING ORDINANCE 6-17
UsEs 21-06.01
Principal Uses
aircraft. Includes related ancillary uses, such as runways,
passenger terminals, hangars, and control towers.
(2) Freight Terminal/Facility
A facility for freight pick-up, transfer, or distribution by air,
rail, or truck. Excludes Warehouse/Distribution uses.
(3) Heliport
A facility for the designated takeoff and landing of
helicopter or similar vertical lift aircraft. Includes related
ancillary uses, such as terminal facilities for passengers,
aircraft servicing, and storage or basing of aircraft.
(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 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.
(A) Standards:
(i) A Type 1 buffer, designed per Section 21-
09.01(o), shall be provided along all parking lots
located along front, corner, side, and rear lot
lines not occupied by a building.
(ii) See Section 21-07.03(g) for parking structure
regulations.
(5) Passenger Terminal
A facility for handling, receiving, and transferring intercity
passenger traffic, including by train and bus.
(6) Transit station
A building or permanent platform with an area for
passenger boarding and alighting which is roofed for
at least 30 feet, primarily serving intracity bus or train
traffic. Includes related ancillary facilities, such as a
waiting room, ticket office, ticket machines, restrooms, or
concessions.
21-06.01(m) Utilities
(1) solar Farm
A site at which ground mounted photovoltaic cells and
generators are used to generate and produce electric
power for distribution to consumers. Such a facility is
typically managed by a single entity.
(2) Utilities, Major
A large-scale utility facility that primarily serves a
regional need, which because of its scale or method
of operation is more likely to produce external impacts
detectable beyond the lot lines of the subject property.
Includes facilities such as electric or gas generation
plants, high voltage transmission lines, sewage
treatment plants, water pumping stations, and water
towers and tanks.
(A) Standards:
(i) A Type 4 buffer, designed per Section 21-
09.01(o), shall be provided along the entire
side and rear lot lines, whether or not the lot is
separated by an alley.
(3) Utilities, Minor
A utility facility or service that primarily serves local
distribution needs. Includes facilities such as water
and sewer pump stations, electric substations, gas
regulating stations, and telephone exchange/switching
centers.
(A) Standards:
(i) A Type 3 buffer, designed per Section 21-
09.01(o), shall be provided along the entire
side and rear lot lines, whether or not the lot is
separated by an alley.
(4) Wireless Communications
Towers, antennas, and ancillary structures used
to transmit and receive radio-frequency signals,
microwave signals, or other signals.
(A) Application Requirements.
In addition to any other submittal requirements,
all applications to erect, construct, or modify any
part of a wireless communication tower, antenna,
or related structure shall apply for an improvement
location permit and include the following items:
(i) A service plan that demonstrates efforts to
minimize the size and number of wireless
communication tower locations throughout the
geographical area, taking into consideration
6-18 May 20, 2026
21-06.01 UsEs
Principal Uses
existing technology. The service plan shall
include, but not be limited to the following:
i. A narrative detailing the reason of need
(coverage, capacity, new users, etc.) for
a wireless communication facility at the
requested site;
ii. A map identifying all existing wireless
communication towers and all structures
or buildings within a 1 mile radius of the
proposed site that have a height equal to
or greater than the height of the proposed
wireless communication tower minus 30
feet.
iii. If the applicant is a licensed provider of
wireless communication services, the
applicant shall supply individual coverage
maps which identify all existing locations
utilized by the licensed provider's network
and reflects the current coverage levels
to the City of South Bend; and identify the
proposed coverage levels of the licensed
provider's network after the installation
of the proposed wireless communication
facility.
(ii) A certification from the owner of the wireless
communication tower or the property on which
it is located, that the tower is available for use
by another wireless provider on a reasonable
and non-discriminatory basis and at a cost not
exceeding the Fair Market Value for the use of
the facilities. The owner shall demonstrate a
designation of an area on the tower or property
which is set aside for the equipment of future
users and is located:
i. Within the proposed compound area; or,
ii. Within a separate compound area
located on the same lot and located no
further from the wireless communication
tower than the distance from the
telecommunications tower to the proposed
compound area plus 50 feet.
(iii) Color photo simulations showing the site of
proposed tower or antenna with a photo-
realistic representation of the proposed tower
or antenna as it would appear viewed from
the closest residential use and from adjacent
public right-of-way, and photographs of
the same views as in the photo simulations
showing the current appearance of the site or
existing structure without the proposed tower
or antenna.
(iv) Certification by a licensed and registered
professional engineer showing that the design
meets or exceeds the most recent EIA-222
standards, including the fall zone and manner
in which the proposed structure could fail.
(B) Compliance with Other Laws. A wireless tower or
facility shall be erected and operated in compliance
with the most current Federal Communication
Commission and Federal Aviation Administration
rules and regulations and other applicable federal
and state standards. All wireless communications
towers shall comply with all ordinances of the City
of South Bend not in conflict with this section. This
section shall not apply to Amateur Radio Operators
who are licensed to operate by the Federal
Communications Commission.
(C) Co-Location. The placement of two or more antenna
or antenna arrays by wireless communication
service providers on a common support structure.
(i) The placement of new wireless communication
antennas, including associated equipment, upon
existing towers are permitted uses in all districts
and may be issued a building permit provided
all requirements of this section are met.
(ii) The applicant for a wireless communication
facility special exception shall demonstrate
that they have exhausted all efforts to
locate the proposed antennas upon existing
communication towers, buildings, or structures
in the geographical area of the proposed
antennas.
(D) Wireless Communication Tower. Any structure
that is designed and constructed for the purpose
of supporting one or more antennas intended for
21-06.01(m) Utilities (continued)
SOUTH BEND ZONING ORDINANCE 6-19
UsEs 21-06.01
Principal Uses
transmitting or receiving television, AM/FM radio,
digital,microwave, cellular, telephone, or similar
forms of electronic communication, including
without limit freestanding towers, guyed towers,
lattice towers, monopole towers, self-supporting
towers, and similar structures. The term includes
the structure, equipment, and any supporting
elements, such as guy wires.
(i) Wireless communication towers shall be
designed to provide for co-location by
additional providers.
i. A tower less than 80 feet in height shall
be capable of use by at least two wireless
communication providers.
ii. A tower 80 feet or greater in height shall be
capable of use by three or more wireless
communication providers.
iii. A tower shall accommodate antenna arrays
consisting of 9 to 12 antennas for each
antenna array, provided, however, this
regulation shall not apply to slick antenna
applications. Antenna arrays shall be
located within 15 vertical feet of each other
and have no more than 3 degrees of twist
and sway at the top elevation.
(ii) No new wireless tower shall be located
within 500 feet of a residential use unless
the applicant can demonstrate that there are
no other locations, buildings, or structures
beyond 500 feet of a residential use which are
available to provide the necessary wireless
telecommunications services.
(iii) The maximum height of a wireless
communication tower, including antenna array,
shall be less than 200 feet above grade.
(iv) All new wireless communication towers shall
be of a tapering monopole construction,
provided with internal cable routing, unless
an alternative design that would better blend
into the surrounding environment is approved
through the special exception request.
(v) A wireless communication tower shall be white
or off-white, galvanized silver, or gray in color
or be finished or painted so as to reduce visual
obtrusiveness, unless otherwise required by
the Federal Aviation Administration (FAA) or any
other governmental authority.
(vi) A Type 3 buffer, designed per Section 21-
09.01(o), shall be provided surrounding
the base of a ground-mounted wireless
communications tower.
(vii) The compound area and all guy anchors shall
be secured with a board-on-board or chain link
fence of not less than 6 feet in height nor more
than 10 feet in height. A security wire (barbed,
razor, etc.) may be located on the tower-side of
the fence but shall not extend above the top of
the fence. A chain link fence, if used, shall be
black vinyl coated.
(viii) No signs or advertising materials of any nature
may be allowed on any communication tower,
except for warning signs or other notifications
designed to alert the public to safety concerns.
(ix) Wireless communication towers shall not be
artificially lighted unless otherwise required
by the Federal Aviation Administration (FAA)
or another governmental authority. If lighting
is required, the lighting shall, to the greatest
extent feasible, cause the least disturbance to
the surrounding areas.
(E) Wireless Communication Antenna. Any device or
exterior apparatus mounted on a tower, building,
utility pole, light pole, or other structure to transmit or
receive communication signals or electromagnetic
waves for the purpose of telephonic, radio, data,
Internet, or television communication, and its
attendant base station. If the following standards are
met, a wireless communication antenna does not
require an improvement location permit:
(i) The antennas are enclosed, camouflaged, or
screened to mitigate possible visual impacts; or
(ii) The antennas are mounted on or in a structure
that is already allowed within the district, such
as a water tower, belfry, elevator penthouse,
21-06.01(m) Utilities (continued)
6-20 May 20, 2026
21-06.01 UsEs
Principal Uses
steeple, or existing wireless communication
tower, and do not increase the overall height of
the structure by more than 10 feet.
(iii) Prior to installation of a roof-mounted antenna
or equipment, the Zoning Administrator shall
be provided with an engineer's certification
that the roof will support the proposed antenna
or associated roof-mounted equipment.
(F) Termination of Use and Removal. A wireless
communication tower or antenna that has reached
the end of its useful life shall be removed within
six months of such determination. A wireless
communication tower or antenna is considered to
have reached the end of its useful life when it has
not operated for a period of one year.
(i) Time extensions may be granted by the Zoning
Administrator when good faith efforts to repair
the wireless communication tower or antenna
are demonstrated.
(ii) Foundations and support structures shall
be removed, unless granted an exception.
The City may ensure and enforce removal by
means of its existing regulatory authority.
(iii) The owner of the wireless communication
tower and the last service provider shall notify
the Zoning Administrator within 30 days that
use of a telecommunications tower has been
discontinued.
(G) Security. Every wireless communication tower
owner and all service providers shall establish
a cash security fund, bond or irrevocable letter
of credit to secure the payment of removing the
wireless communication towers, antenna arrays,
associated equipment, and buildings that have
been determined to be abandoned, or found to
be in non-compliance with this Ordinance, and to
provide the City of South Bend a fund from which
to deduct fines and penalties for non-compliance
with this Ordinance or other applicable laws in the
following amounts:
(i) The amount to be provided for each wireless
communication tower shall be 125 percent of
the cost of construction based upon a licensed
engineers estimate.
(ii) The amount for each antenna array on the
wireless communication tower shall be 125
percent of the cost of construction based upon
a licensed engineers estimate of the cost of
installation of the antenna array;
(iii) Any reduction in the security fund provided,
because of deductions of fines, penalties, or
removal costs, shall be replenished to the total
of the required amount within thirty (30) days
after notice from the City of South Bend of the
amount deducted and the deficiency created
hereby.
(iv) Within a reasonable period of time, not
to exceed 3 months after the wireless
communications tower and/or antenna array is
removed, any remaining funds on deposit with
the City of South Bend pursuant to this section,
after application and above all expenses
provided for herein, shall be refunded to the
appropriate owner or provider who created the
security fund.
21-06.01(m) Utilities (continued)
SOUTH BEND ZONING ORDINANCE 6-21
UsEs 21-06.02
Accessory Uses and Structures
Section 21-06.02: Accessory Uses and Structures
(a) Intent
This section provides additional regulations for the
use of a subordinate structure, building, or use that is
customarily associated with, and clearly incidental to,
the primary structure, building, or use that is located on
the same lot.
(b) Applicability
(1) Unless otherwise specified, the development of
an accessory structure requires the submittal of a
permit application as required by Section 21-12.07.
(2) Accessory structures may not be constructed prior
to the construction of a primary building.
(3) The Zoning Administrator shall determine when
a structure is accessory to the primary building
of a lot. To determine that a structure or use is
accessory, it must meet the following criteria:
(A) customarily found in association with a
permitted principal use;
(B) clearly incidental and subordinate to the
primary building in terms of area, size, function,
and location; and
(C) operated and maintained under the same
ownership and on the same site as the primary
building.
(4) 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.
(c) General Provisions
(1) Accessory uses, buildings, or structures shall
comply with all development standards of the
applicable zoning district unless otherwise
specifically provided for in this section.
(2) The total area of all detached accessory structures
shall not exceed the main floor area of the primary
building or 720 square feet, whichever is greater.
(3) All accessory uses and structures shall meet any
applicable federal, state, and local requirements,
including, but not limited to, licensing, health,
safety, and building and fire code requirements.
(d) Location
(1) Unless otherwise specified, accessory structures
shall not be located in any established front or
corner yard.
(2) Unless otherwise specified, accessory structures
shall comply with all required front, corner, and
side building setbacks but may encroach into a
required rear setback up to within 5 feet of the rear
lot line.
(3) Accessory uses, buildings, or structures shall not
encroach upon any platted or recorded easements
unless specifically authorized by the terms of the
easement or by written consent of the agency in
whose favor the easement is granted.
(e) Maximum Number of Accessory Buildings
A lot in a S1, S2, U1, U2, U3, or UF district shall not
have more than one detached accessory building;
however, the following structures shall not count for the
purposes of this calculation.
(1) One additional storage shed, chicken coop, or
chicken pen with a gross floor area of 120 square
feet or less.
(2) A Carriage House as defined by Section 21-08.02(d).
(3) A pergola of 200 square feet or less that is no
taller than the eave of the primary structure or 18’,
whichever is less.
6-22 May 20, 2026
21-06.02 UsEs
Accessory Uses and Structures
The accessory uses listed below provided a definition of the accessory use followed by any standards
that apply to the specific use.
(1) Accessory structure
A subordinate structure that is located on the same lot
as the primary building or use but is clearly incidental
and subordinate in use, size, area, and height. In
addition to the uses listed within this section, accessory
structures include, but are not limited to, storage sheds,
mini-barns, outdoor fireplaces, bathhouses, cabanas,
children's playhouses, swings, arbors, pergolas and
gazebos.
(2) Automated Teller Machine (ATM)
A computerized, self-service machine used by bank
customers for financial transactions, including deposits,
withdrawals, and fund transfers, without contact with
financial institution personnel.
(3) Carport
A covered structure that provides protection to motor
vehicles from the elements with at least one side open
to the weather.
(A) Standards:
(i) A carport shall comply with all garage
standards found at Section 21-08.01(g)(11),
except a carport in a S1 district shall not be
located in an established front or corner yard.
(4) Chickens, Chicken Coops, and Chicken Pens
A structure for the keeping of chickens intended to
enable residents to responsibly keep a small number
of chickens while limiting the potential adverse impacts
on the surrounding properties.
(A) General Provisions
(i) The keeping of chickens shall be allowed only
on lots with 1 unit or 2 unit dwellings.
(ii) The maximum number of chickens allowed is
6 per lot.
(iii) Only female chickens are allowed. Roosters are
prohibited.
(iv) The keeping of chickens authorized under this
section shall be limited to non-commercial uses
only. Chickens authorized under this section
shall be kept as pets or for personal use only.
Eggs or chicken manure shall not be sold.
(v) On site slaughtering of chickens is prohibited.
(vi) Additional requirements for the keeping of
chickens shall be found in Chapter 5 of the
South Bend Municipal Code.
(B) Location of Chicken Coops
(i) Chicken coops shall be located at least 15 feet
from any lot line, and at least 20 feet from any
residential dwelling.
(ii) Chicken coops and chicken pens shall be
located in an established rear yard.
(C) Construction. A chicken coop and chicken pen
shall be provided per the following standards.
During daylight hours, chickens may be located in
the chicken pen.
(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 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.
(ii) The chicken pen shall be constructed of
traditional building materials and be predator-
proof. The pen shall provide at least 2 square
feet of area per chicken. The fence shall rise no
more than 6 feet above the ground. The pen
shall be covered with wire, aviary netting, or
solid roofing.
(D) Sanitation. The chicken coop, chicken pens,
and surrounding area shall be kept clean, dry,
21-06.02(f) Accessory Use Definitions and Standards
SOUTH BEND ZONING ORDINANCE 6-23
UsEs 21-06.02
Accessory Uses and Structures
odor-free, and in a neat and sanitary condition
at all times. All manure, uneaten feed, and other
trash shall be removed daily, and disposed of in
a sanitary manner. The property owner shall take
all necessary action to reduce the attraction of
predators and rodents and the potential infestation
of insects and parasites.
(E) Permits
(i) A building permit is required for a chicken coop
or chicken pen that exceeds 120 square feet.
(ii) A permit for the keeping of chickens shall
be required through the Department of
Code Enforcement. Compliance with the
requirements of this section shall create a
presumption that the permitted use does not
create a nuisance or threat to public health or
safety. The permit shall, however, be revoked
if the Code Enforcement Administrator
determines that the permitted use does create
a nuisance or detriment to public health or
safety.
(iii) Violation of ordinance standards shall result in
permit revocation, and possible enforcement
under Section 21-13.02, including civil penalties.
Misrepresentation by a permittee shall result in
the voiding and revocation of an issued permit.
In the case of the voiding and revocation of
an issued permit, all chickens, chicken coops,
chicken pens and associated equipment shall
be removed from the property.
(5) Deck
See Section 21-08.01(g)(7) for all regulations relating to
decks.
(6) Donation Box
A container used for the purpose of collecting donated
items for resale or for use by a charitable organization
or institution.
(A) Standards:
(i) Donation boxes are permitted only in a UF, NC,
DT, U, C, or I district.
(ii) No more than one donation box shall be
permitted per lot.
(iii) Donation boxes shall be located a minimum of
20 feet from any residential dwelling.
(iv) Donation boxes shall contain the following
contact information on the front of each
donation box: the name, address, email, and
phone number of the operator.
(v) Donation boxes are limited to 6 feet in height
and 150 cubic feet in volume.
(7) Fences / Freestanding Walls
All fences or free-standing walls shall comply with all
regulations of Section 21-09.02.
(8) Fire Escape, Exterior
See Section 21-08.01(g)(8) for all regulations relating to
fire escapes.
(9) Game Courts
A type of recreation facility which consists of an
unpaved or paved surface area of ground open and
essentially unobstructed to the sky, designed and
intended for the playing of a recognized sport as a
recreational activity by the occupants and guests of the
primary building, which may include fencing, screening,
nets, goals, or other necessary items required for
recreational use.
(A) Standards:
(i) A permanent or temporary basketball goal
may be located in a minimum required setback
provided it is adjacent to a driveway or interior
access drive of a residential use.
(ii) An open fence enclosing the game court may
be erected to a maximum of 12 feet in height.
(10) Garage
See Section 21-08.01(g)(11) for all attached and
detached garage regulations.
(11) Greenhouse
A temporary or permanent structure, typically made
of glass, plastic, or fiberglass, in which plants are
cultivated.
6-24 May 20, 2026
21-06.02 UsEs
Accessory Uses and Structures
(A) Standards:
(i) Roof-mounted greenhouses shall be located a
minimum of 5 feet from any roof edge and are
limited to a maximum height of 18 feet above
the surface of the roof.
(12) Home Occupations
An occupation carried on by the resident of a dwelling
unit, where such use is secondary to the use of the
dwelling unit for residential purposes.
(A) Standards:
(i) The home occupation shall be located within a
fully enclosed building owned or occupied by
the resident of the site.
(ii) The use of the dwelling unit for the home
occupation shall be incidental and subordinate
to the use for residential purposes by the
occupants.
(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.
(iv) There shall be no structural alterations to
the interior of the dwelling to accommodate
a home occupation which would render the
dwelling undesirable for residential use.
(v) There shall be no structural additions,
enlargements or exterior alterations changing
the residential appearance of the dwelling
or the lot or other visible indications of the
conduct of the home occupation.
(vi) There shall be no additional or separate
entrance to the primary dwelling facing the
street for the purpose of conducting the home
occupation.
(vii) There shall be no internal or external
alterations, construction features, or use of
electrical or mechanical equipment which
would change the fire rating of the structure.
(viii) There shall be no outdoor storage of any kind
related to the home occupation.
(ix) There shall be no vehicular or pedestrian traffic
generated by a home occupation which is
greater in volume than that which would be
normally expected in the residential area in
which the home occupation is located.
(x) There shall be no equipment or process
used in the home occupation which creates
noise, vibration, glare, smoke, fumes, odors,
or electrical interference detectable to the
normal senses at any point beyond the lot line
in such a manner as to annoy, disturb, frighten,
or otherwise interfere with the use and quiet
enjoyment of adjacent properties, or which
creates water usage or the production of
sewage other than domestic in nature.
(xi) There shall be no electrical or mechanical
equipment utilized in the home occupation
which will create any visual or audible
interference with radio or television reception
or which will cause fluctuations in line voltage
off the premises.
(xii) The home occupation shall not involve the use
of commercial vehicles for delivery of materials
to or from the premises other than vehicles
normally associated with residential home
delivery (i.e., postal or united parcel vehicles).
SOUTH BEND ZONING ORDINANCE 6-25
UsEs 21-06.02
Accessory Uses and Structures
(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 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.
(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).
(13) Hoop House
A temporary structure typically made of, but not limited
to, piping or other material covered with a translucent
material in a half-round or hoop shape for the purpose
of growing food or ornamental crops.
(A) Standards:
(i) The covering of a hoop house shall be
removed and stored when plant cultivation is
not in process.
(14) Mechanical Equipment
Equipment necessary for the heating, cooling,
ventilation, electric generating, and similar mechanical
functions of a building. Excludes solar energy systems.
(A) Standards:
(i) Ground-mounted mechanical equipment shall
be screened with a Type 1 buffer, designed per
Section 21-09.01(o), so that no portion is readily
visible from any public right-of-way or open
space, with the exception of alleys. If ground
based mechanical equipment is screened by a
structure or fence, this requirement is deemed
to have been met.
(ii) Rooftop mechanical equipment shall be fully
screened by the roof form or hidden from view
from the street with a solid screen constructed
of materials similar to those of the building
facade.
(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.
(iv) An air conditioner window unit may encroach
a maximum of 18 inches into any required
setback unless otherwise prohibited in the
district in which it is located.
(v) Any existing mechanical equipment which was
lawfully established prior to the adoption of
this Ordinance will be considered conforming
and may be repaired and replaced in kind.
6-26 May 20, 2026
21-06.02 UsEs
Accessory Uses and Structures
(15) Neighborhood Recycling Collection Points
A site where individuals bring household recyclable
materials to either drop off without compensation, or,
to redeem the materials for monetary compensation.
Beyond any limited sorting, no other processing of the
materials takes place at the site. All materials are stored
completely within the structure while awaiting periodic
shipment to the processing facilities. These collection
points may be developed as freestanding sites, but
typically share the site of a larger principal use.
(A) Standards:
(i) No more than one neighborhood recycling
collection points shall be permitted per lot.
(ii) Neighborhood recycling collection points shall
be located a minimum of 20 feet from any
residential dwelling.
(iii) Neighborhood recycling collection points shall
contain the following contact information on
the front of each station: the name, address,
email, and phone number of the operator.
(iv) Neighborhood recycling collection points are
limited to 6 feet in height and 150 cubic feet in
volume.
(16) Outdoor Dining
An outdoor seating area for a restaurant.
(A) Standards:
(i) Outdoor dining may be located within a
required minimum front or corner setback.
(ii) In the DT district, outdoor seating may be
located in the waterway setback.
(iii) Outdoor dining shall not be located in any
street right-of-way except as permitted by the
Board of Public Works.
(iv) Outdoor dining shall not block an entrance
or exit to or from the business or building
or conflict with Americans with Disabilities
Act standards. A minimum of 5 feet sidewalk
clearance shall be maintained at all times.
(17) Outdoor Display
The outdoor display of products actively available for
sale. Outdoor display does not include vehicle sales,
which is considered a principal use.
(A) Standards:
(i) Outdoor display may be located within an
established front or corner yard.
(ii) Outdoor display shall not be located in any
street right-of-way except as permitted by the
Board of Public Works.
(iii) Outdoor display shall not block an entrance
or exit to or from the business or building or
conflict with Americans with Disabilities Act
standards.
(iv) Outdoor display shall not exceed 10 percent
of the gross floor area of each non-related and
separately operated use.
(v) Outdoor display shall be permitted only during
the hours of operation of the business and
shall be removed at the close of each business
day.
(vi) Outdoor display shall be merchandise normally
found within the on-premise business.
(18) Parking or Loading Areas
All parking or loading areas shall comply with the
provisions of Section 21-07.
(19) Patio
See Section 21-08.01(g)(12) for all regulations relating to
patios.
(20) Porte-Cochere
See Section 21-08.01(g)(14) for all regulations relating to
a porte-cochere.
(21) Ramps/Wheelchair Lifts
See Section 21-08.01(g)(15) for all regulations relating to
accessibility ramps and wheelchair lifts.
SOUTH BEND ZONING ORDINANCE 6-27
UsEs 21-06.02
Accessory Uses and Structures
(22) satellite Dishes
(A) Standards:
(i) Satellite television dishes shall not be visible
from primary and secondary street frontages
or located within an established front or corner
yard, unless documentation is provided to the
Zoning Administrator to demonstrate a lack of
reception. If such documentation is provided,
satellite television dish shall be located as
discretely as possible.
(ii) Ground mounted satellite dishes shall not be
located in any minimum required setback.
(iii) Ground mounted satellite dishes shall not
exceed the maximum accessory building
height.
(iv) Roof-mounted satellite dishes shall not exceed
the lesser of 5 feet above the peak of the roof
or the maximum building height limit allowed
for a primary building.
(v) Roof-mounted satellite dishes shall not extend
beyond the horizontal limits of the roof area;
and shall be installed in accordance with
the Building Code of the City of South Bend.
Written documentation of such compliance,
including load distribution within the building's
support structure, may be required.
(23) signs
All signs shall comply with the provisions of Section
21-10.
(24) solar Energy system
An energy system that uses the power of the sun to
capture, store, and transmit energy.
(A) Standards:
(i) To the maximum extent feasible, solar panels
shall not obscure architectural details or
features.
(ii) No grid-tied solar energy system may be
installed until the applicant has submitted
evidence that the utility company has been
informed of the customer’s intent to install an
interconnected customer-owned generator.
(iii) Roof-mounted solar panels may be mounted
on a flat roof, may project no more than 12 feet
above the roof surface, and shall be set back
in compliance with the fire code. Solar panels
may also be mounted on a sloped roof, and
shall be set back in compliance with the fire
code. Roof-mounted solar panels shall not
exceed the maximum building height limit
allowed for a primary building.
(iv) Facade-mounted solar panels may be applied
flat against a building facade, or project off a
building facade up to 3 feet.
(v) Ground-mounted solar energy systems are
limited to a maximum height of 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.
(25) storage, Outdoor
The storage of any product, goods, equipment,
machinery, vehicles, boats, supplies, building materials
or commodities, including raw, semi-finished and
finished materials for a period of time in excess of
one week, the storage of which is not accessory to
a residential use. Vehicular parking and the display
of automobiles, boats, truck, or farm equipment
associated with a legally established vehicle sales use
shall not be deemed outdoor storage.
(A) Standards:
(i) Outdoor storage shall be screened on all sides
by a building or a Type 2 buffer, designed per
Section 21-09.01(o), except when such storage
abuts an I district.
(ii) Storage of materials that exceed the height of
the required fence or wall shall be located at
least 25 feet behind the fence or wall.
(iii) Outdoor storage areas shall be surfaced with a
durable dust free surface.
(iv) Outdoor storage in excess of 50 percent of the
lot shall require special exception approval.
6-28 May 20, 2026
21-06.02 UsEs
Accessory Uses and Structures
(26) swimming Pools or Hot Tubs
(A) Standards:
(i) A swimming pool or hot tub, either above or
below ground, shall comply with the applicable
requirements of Chapter 14, Article 3 of the
South Bend Municipal Code or the Indiana
Administrative Code for residential pools at
675 IAC 14-4.3-270 through 296, as amended;
and for commercial pools at 675 IAC 20, as
amended, as adopted by Chapter 6 of the
Municipal Code. Refer to Section 14-12 of
the Municipal Code to determine applicable
requirements.
(ii) No pool or hot tub shall be erected or
constructed unless adequate distance from
overhead electrical wires is provided in
accordance with the National Safety Code and
the National Electrical Code, current editions.
(iii) Abandoned or unused swimming pools or
hot tubs, situated on a premises which are not
occupied for periods of 30 days or more, shall
be drained or equipped with a cover adequate
to prevent persons, children or animals from
danger or harm.
(iv) All swimming pools or hot tubs, including
associated decking and aprons over 30
inches above grade, shall be included in the
calculation of maximum building coverage.
(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 façade 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.
Trash enclosure design
Solid wall, similar
in design and
materials
Opaque screen
gate; Doors to
remain closed
Impervious surface
Building
foundation
landscape
10'-0" max.6'-0" min.
SOUTH BEND ZONING ORDINANCE 6-29
UsEs 21-06.02
Accessory Uses and Structures
(iv) Building foundation landscape, designed per
Section 21-09.01(n), 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.
(28) Vending Machines
A machine that dispenses small merchandise or
beverages when a coin, bill, or card is inserted.
(A) Standards:
(i) Vending machines shall abut the exterior wall
of the building and shall not be located in a
required minimum setback.
6-30 May 20, 2026
21-06.03 UsEs
Temporary Uses and Structures
Section 21-06.03: Temporary Uses and Structures
(a) Intent
This section includes regulations for short term
activities that might not meet the normal development
or use standards of the applicable zone but may
otherwise be acceptable because of their temporary
nature.
(b) Applicability
All temporary uses and structures shall comply with
the standards of this section.
(c) Permits Required
A temporary use, structure, or building which will be
removed from the site upon cessation of the temporary
use shall comply with the regulations contained in
this section and shall obtain an improvement location
permit. If the temporary use, structure, or building is
converted to a permanent primary use, it shall obtain
approvals as if it were a new development.
(d) Permitted Temporary Uses, Buildings, and structures
A temporary use, building, or structure which is in
compliance with the provisions of this section shall
be allowed in any applicable zoning district. By way of
example only, permitted temporary uses, buildings, and
structures include:
(1) Construction trailers, sales offices, temporary
seasonal retail sales, and garage sales
(2) Temporary Signs (See Section 21-10.01(l) for
additional regulations)
(e) Duration
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.
(f) Cessation of Use
All buildings, structures, or debris associated with
the temporary use shall be removed from the site
immediately upon completion or cessation of the
temporary use or expiration of the time period set forth
above.
(g) Compliance with Development standards
In addition to the regulations of this section, any
temporary use, building, or structure shall comply with
all applicable development standards in the district
in which the temporary use, building, or structure is
located. Temporary construction trailers, temporary
freestanding sales offices, and other temporary uses
which will not be converted into a permanent primary
or accessory use shall be exempt from the requirement
to provide a hard surfaced parking area.
(h) Regulations for Temporary Construction Trailers or
Sales Offices
Construction Trailers and sales offices shall only be
permitted as a temporary use in compliance with the
following requirements:
(1) Under-skirting shall be installed around the entire
perimeter of the building or structure;
(2) In the case of a new subdivision, shall be located
on an approved lot, as shown on the primary plat;
and
(3) Shall serve only lots or dwelling units within the
project.
(i) Regulations for Garage sales / Yard sales
Notwithstanding any regulations above to the contrary,
a garage sale may be conducted on a premises which
includes a dwelling unit subject to the following
regulations:
(1) A garage sale / yard sale shall only be permitted
as a temporary use on a lot which includes a
dwelling unit.
(2) A garage sale / yard sale may be conducted 3
times each calendar year per lot and shall not
exceed 3 consecutive days in duration;
(3) A garage sale / yard sale shall only be conducted
during the hours from sunrise to sunset;
SOUTH BEND ZONING ORDINANCE 6-31
UsEs 21-06.03
Temporary Uses and Structures
(4) All personal property exhibited outdoors during
a garage sale / yard sale shall be placed within a
building or structure or otherwise removed from
the premises immediately following the end of the
garage sale;
(5) Garage sale / yard sale signs shall comply with the
applicable provisions of Section 21-10.02(a)(8);
(6) Nothing in this section shall be construed to
prohibit one or more owners or occupants from
conducting a combined garage sale / yard sale
on one of the lots owned or occupied by the
participants, provided that all other provisions of
this section are complied with;
(7) Personal property exhibited outdoors during a
garage sale / yard sale may be located in any
minimum required setback or established yard,
provided, however, such personal property shall
not be located in any public right-of-way.
(8) A garage sale / yard sale use shall not require an
improvement location permit.
(j) Regulations for Mobile Classrooms
Mobile classrooms shall only be permitted as a
temporary use in compliance with the following
requirements:
(1) Mobile classrooms shall be for use within the
following Civic & Institutional Use types: College/
University, Religious Institutions; and School,
Pre-K/Primary/Secondary; and
(2) Mobile classrooms may be permitted for a period
not to exceed 5 years from the date of issuance of
an improvement location permit.
(k) Regulations for Temporary seasonal Retail sales
Any temporary seasonal retail sales use, structure,
or building shall also comply with the following
regulations:
(1) The use or structure shall comply with all setback
requirements applicable to off-street parking
spaces on the site;
(2) The location of the temporary seasonal retail sales
use and its required amount of parking spaces shall
not interfere with any required parking spaces or
safe and efficient flow of vehicular and pedestrian
traffic around the parking area for the permanent
principal use of the site;
(3) Signs for the temporary seasonal retail sales shall
comply with the provisions of Section 21-10.01(l);
and
(4) Not withstanding the provisions above to the
contrary, seasonal retail sales uses shall not
exceed 45 consecutive days per occurrence nor a
total of 120 days during any calendar year.
(l) Regulations for Emergency shelters
A shelter that provides temporary short-term housing
for individuals displaced as a result of extreme weather,
natural disaster, or catastrophic event under the
declaration of the Zoning Administrator or the Mayor.
(1) The maximum length of stay is 14 days, unless
otherwise limited or extended by the Zoning
Administrator or Mayor.
(2) Where a temporary emergency shelter is operated
to accommodate a longer length of stay, a
temporary use permit is required. The maximum
length of stay for a temporary emergency shelter
operated to accommodate a longer length of stay
is limited to 90 days within any calendar year. This
time period may be further extended or restricted
as part of the temporary use permit.
(3) On-site supervision shall be provided at all times.
Security personnel shall be provided during the
hours of operation, unless exempted from this
requirement by the Zoning Administrator.
6-32 May 20, 2026
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