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HomeMy WebLinkAbout9759-07 Amend Chapter 21 Article 2 & 7 - Clarify Parking in Residential Zoning Areas ORDINANCE No. 9759-07 Passed by the Common Council of the City of South Bend, Indiana June 11, Attest: .--~---~ Attest: 20 07 Presented by me to the Mayor of the City of South Bend, Indiana June 12, 20 07 City Clerk President of Common Council City Clerk Approved and signed by me ~ u n e 13 , 20 0 7 Mayor Ordinance No. ~ 7 CJ~_ D~ Bill No. ~ b-~~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 2, RESIDENTIAL DISTRICTS AND ARTICLE 7 GENERAL REGULATIONS TO CLARIFY PARKING IN RESIDENTIAL ZONING AREAS OF THE CITY STATEMENT OF PURPOSE AND INTENT On April 12, 2004 the South Bend Common Council passed Ordinance No. 9495-04 which was a comprehensive zoning ordinance recommended by the Area Plan Commission. That ordinance was based on the legal authority set forth in Indiana Code § 36-7-4-100, et seq., with those regulations now codified as Chapter 21 of the South Bend Municipal Code. Unfortunately that comprehensive zoning ordinance failed to include language which had been previously included which banned off-street parking in required front or side yards which adjoin a street. The following ordinance would compliment a companion public safety ordinance which will address residential lawn parking in residentially zoned areas. Those regulations are proposed to be codified, upon passage, as part of Chapter 14 of the South Bend Municipal Code. The following zoning regulations are believed to be in the best interest of protecting and improving the character and quality of life in residential neighborhoods throughout the City of South Bend. .Nucu, .l Pce~ce~cr~ce, 8e [t aKdained by the Common Council of the City of South Bend, Indiana, as follow: Section I. Chapter 21 of the South Bend Municipal Code entitled "Zoning", Article 2 addressing "Residential Districts, Section 21-02.11(e)(6) Parking of Vehicles-General, is amended by adding the following sub-section: (D) Notwithstanding anything in this Chapter to the contrary and the provisions of Article 8 of Chapter 14 of the South Bend Municipal Code, addressing, specific public safety regulations on_parkin~ in residential areas, the parking of any vehicles within the required minimum front setback shall not be allowed unless the~arking is on a legal properly hard-surfaced driveway or parking space which has a durable and dust-free surface as required bX Section 21-07.04. Bill Addressing Zoning Regulations for Front and Side Yard Parking Page 2 -DRAFT ZONING VERSION OF 02-22-07 Section II. Chapter 21 of the South Bend Municipal Code entitled "Zoning", Article 7 addressing "Residential Districts, Section 21-07.04 (c) Location of Parking Areas, is amended by adding the following sub-section: (4) In addition to the above location requirements, the location of off-street parking areas in residential districts shall not be located in violation of the provisions set forth in Section 21-02.11(e). Section III. Severability. If any part, section, subsection, sentence, clause or phrase in this Article is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Article. Section IV. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor and legal publication. of the Commo uncil John oorde, City Clerk ~xea~i by me to the Mayor of the City of South Bend, Indiana on the f L~ day of ~~.r~ , 2007, at IL'-`IS o'clock~.m. r-- Jani e Talboom, Deputy City Clerk ed aid ~~~ by me on the ~ day of G-~-~-- , 2007, at o 'clock . m. 1 st READING ~ ~~'~~~~ PUQLiC FIEARING ~D -~\~~~ 3 rd READING ~p -lam `~1 U ~~ Stephen J. Lue e Mayor of the City of South Bend, d~a~, NOT APPROVED ~ ~ _G7 `~ REFERRED ~ _p" ~' ~ PASSED (o -l\-O~ SCI C'~l'~'S ~~~iCL' ~9AR 2 i 2001 JOHtI YOORDE CITY CLERK, S0. BEND, tIV. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 16-07 BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 2, RESIDENTIAL DISTRICTS AND ARTICLE 7 GENERAL REGULATIONS TO CLARIFY PARKING IN RESIDENTIAL ZONING AREAS OF THE CITY Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Ann Puzzello Acting Chairperson Timothy A. Rouse President Ann Puzzello Vice-President City of South Bend Common Council 441 County-City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601-1830 March 21, 2007 The South Bend Common Council Karen L. White 4~' Floor County-City Building Chairperson, Committee South Bend, Indiana 46601 of the Whole (574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www.cl. south-bend.in.us Derek D. Dieter Re: Proposed Zoning Ordinance Prohibiting Parking in the Required First District Minimum Front Setback in Residential Areas Charlotte D. Pfeifer Dear Council Members: Second District Roland Kelly The attached proposed ordinance is submitted for your review, discussion and Third District approval. It is aimed primarily at protecting the quality and character of residentially zoned areas throughout the city. Ann Puzzello Fourth District The attached pictures taken of residential areas throughout South Bend clearly depict how such pazking negatively impacts the surrounding residential neighborhood. David Varner Fifth District This proposed ordinance will have a companion ordinance which will address such Parking problems from a public safety perspective. By having both ordinances on Ervin Kuspa the books, there will be a better opportunity for systematic enforcement. Sixth District Al "Buddy' Kirsits I seek your favorable action as we work together to make South Bend a magnificent At Large model millennium city. Thank you. Timothy A. Rouse M .sincerely, At Lazge ~ c em el o Karen L. White 4 District Council e ber At Large Kathleen Cekanski-FarrandAttachments Council Attorney ~itft~ pct C~~rk'~ ®fi~ic® P';'1R 2 1 2001 ...... _....~m,-r~rry~ ,~•.