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Home My WebLink About9760-07 Amend Chapter 21 - Various ArticlesORDINANCE No. 9760-07 Passed by the Common Council of the City of South Bend, Indiana June 11, Attest: 20 07 Attest: Presented by me to the Mayor of the City of South Bend, Indiana June 12, 07 20 City Clerk President of Common Council Approved and signed by me ~ u n e 13 , 20 0 7 City Clerk Mayor Ordinance No. ~ ~ ~Q" o 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, TO ADD CORNER LOT SETBACK REQUIREMENTS IN THE SF 1 DISTRICT; TO CLARIFY THE NUMBER OF VEHICLES PERMITTED IN A GARAGE; TO PROHIBIT SECURITY-STYLE FENCING WITH CERTAIN EXCEPTIONS; ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS, TO REMOVE REFERENCES TO INTEGRATED CENTERS IN THE OB OFFICE BUFFER DISTRICT; TO ADD REQUIREMENTS FOR ACCESSORY BUILDINGS; TO ALLOW AMUSEMENT ARCADE AS A SPECIAL EXCEPTION USE; TO MODIFY SIDE YARD SETBACK REQUIREMENTS; TO CLARIFY SETBACK REQUIREMENTS FOR SECURITY-STYLE FENCING; ARTICLE 4 INDUSTRIAL DISTRICTS, TO ADD ADDITIONAL OFFICE USES AS PERMITTED USES; TO ADD AMUSEMENT CENTERS AND PARKS AS A SPECIAL EXCEPTION USE; ARTICLE 7 SIGN REGULATIONS, TO REMOVE INTEGRATED CENTER SIGNS FROM THE OB DISTRICT; ARTICLE 8 SPECIAL REGULATIONS FOR CONTROLLED USES, TO MODIFY REGULATIONS CONCERNING DISTANCES BETWEEN CONTROLLED USES AND PERMITTED USES; ARTICLE 11, DEFINITIONS, TO MODIFY DEFINITIONS FOR AMUSEMENT CENTER, AMUSEMENT ARCADE AND ADD A DEFINITION FOR AMUSEMENT PARK STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on May 7, 2004. Now that the ordinance has been in use, it has been determined that certain changes are necessary to revise and clarify various sections of the ordinance. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential Districts, Section 21-02.01 SF1 Single Family and Two Family District is hereby amended by adding the following subsection as follows: (b) Development Standards. (5) Minimum Yards and Building Setbacks Corner lots; requirements - on a corner lot, the least width of an side yard along the side street lot line shall be twenty-five 25) percent of the width of the lot at the building line, but in no case shall this requirement reduce the least width to less than ten X10) feet nor require more than twenty-five (25 feet setback. The Building Commissioner shall determine which yard abutting a street shall be considered a front yard and which yard abutting a street shall be considered a side yard. Section II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential Districts, Section 21-02.11 General Regulations for Residential Districts, is hereby amended as follows: (a) Accessory Uses, Buildings and Structures. (3) Additional Development Standards for Accessory Uses, Buildings or Structures in any Residential District. Accessory uses, buildings or structures permitted in any Residential district shall also comply with the following additional development standards: (A) Accessory Buildings: iii. Maximum ~e Capacity of Garage.(s1- No garage or gara es, in combination, whether attached or detached, shall exceed a capacity of four (4) cars in total. Carports shall be included in determining the maximum capacity of a garage or ara~. Section III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential Districts, Section 21-02.11 General Regulations for Residential Districts, is hereby amended as follows: (a) Accessory Uses, Buildings and Structures. (3) Additional Development Standards for Accessory Uses, Buildings or Structures in any Residential District. Accessory uses, bz~ildings or structures permitted in any Residential district shall also comply with the following additional development standards: (D) Fences (including but not limited to chain link, solid, shadow-box, stockade, architectural screen, lattice-work or masonry). See subsection v. for permissible uses of barbed wire, electric, razor wire or other similar types of security wire in any yard. v. Fences: including but not limited to: barbed wire, electric, razor wire or other similar types of security wire fences: a. shall only be permitted for non-residential uses such as but not limited to: utility sites such as water, sewer, electric and gas main facilities; heating, ventilating and air-conditioning_equipment; restricted public access areas such as airports, sewer & water treatment facilities; public safety facilities; public and private communication facilities such as wireless, radio and television communication towers. b. the Zoning Administrator shall have the authority to determine the extent and location of such fences. {~} to vi Section IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial / Mixed Use Districts, Section 21-03.01 OB Office Buffer District is hereby amended as follows: (b) Development Standards. (1) Minimum Lot Width and Frontage -each lot ^r ~•~*~~-N^*^a ^^~^*~N shall have a minimum lot width and frontage on a public street of 35 feet. (2) Yards and Building Setbacks (B) Minimum Side Yard and Setback -The minimum side yard and setback €e~-aIl ~~*~^•°^*~a ~ •~*~~° ^ra ~ ~-'~ ~ °~*~° shall be as follows: ~.---o. ------ --~---. -- ____ _.,~o-- ----- ----- (C) Minimum Rear Yard and Setback -The minimum rear yard and setback fer-afl •~*~~-V^*~-' ~ ,~+„U~ ~~~ ° ^'~ ° °~*~~ shall be as follows: T~., ~ ' tz ~ ~ t „r+;,. .,~., ,.t 1„t ~T,,,+~ +l,o o+nr .,~±l~o r rcr rrrzC 9 S - eY-f7sc ,.,t„ ., r., r1 ~ „+~ +1,.,+ r.,.r U +;,, .,~+t,o ,* 1„t ~l,.,li l,~ r ;rcrl +,. ,++rlsz ~ r;+1, +l,o r.l: .,T,lo c'~3A~d2-: ,. ~.~,,.* ;,7„ ~,a r „t~~.o+ f^r+h ~ o m-rFrt~l~r~trczv'c:~viirtVt~-~'viriGri-itic°zvcz'lt@ cz:c-iirc~vr~rmz •, ~ ^r r, r;l.r .r:na.lo ~ ..m ., ,Y,o+or ..f...>..tl ~.T,.,U_n.~,+ ho r rorl_+^ r ^v;rln ,,.,a (9) Parking -See Section 21-07.04 -Off-Street Parking Regulations; provided, however, ~ ^;~° ~* ,.*,,.~ ° ~*„ „ ~~,° nu n;^~,.;,.~_„,^ ,.~,,,~° on-street parking located immediately adjacent to the ^~~~~'^ °•~^ °'*^ site may be permitted ° ,~'^^, ~'^a ~ ~t^,~, if ^'' ^a;^^°^+ ^ ^*r°°+ r^,.v;,,,~. the design and location ^ •°a i..,+''°'~^^ra ^~D~~'~'~^ ~x'^~'~^ ^~'a +''°-~°°'°~ of the on- streetparking is approved by the Board of Public Works. If on-street parking is provided, the amount ofoff-street parking required by this Ordinance fer~e ^'° ~ ° ^~*° ^ ~~*^~~^^*na ~°~~*~~ shall be deemed to be reduced by the number of on-street parking spaces provided immediately adjacent to the ^~•~^'^ °•^^ °~'^ site „ ,,,*^,,, „*„~ °,,,,,t°,~ Section V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial / Mixed Use Districts, Section 21-03.01 OB Office Buffer District is hereby amended as follows: (b) Development Standards. (6) Accessory Building -The total square foot area of a detached accessory building shall not exceed 576 square feet in area and seventeen feet (17' in height. Accessory buildings legally established under any prior zoning district, shall be considered as a nonconforming building and structure. ~) to (7) {~ to (8) (~ to (9) (~ to (10) (~9 to (11) (-1-1-) to (12) {~} to (13 ) {~} to (14) E~ to (15) (-15-} to (16) Section VI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial / Mixed Use Districts, Section 21-03.02 MU Mixed Use District, is hereby amended as follows: (a) Permitted Uses. (1) Primary Uses (I) Recreation : Including but not limited to: Aerobics Studio ; ~e*- ;Dance Studio ;Gymnastics Studio ;Theatre -Indoor. (2) Special Exception Uses. (E) Recreation: Including but not limited to: Amusement Arcade *; Banquet Hall; Billiard Hall*; Country Club; Fairgrounds; Fraternal Organization; Golf Courses; Golf Driving Range; Lodge; Private Club; Social Club; Swimming Pool -private or public. Section VII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial / Mixed Use Districts, Section 21-03.04 LB Local Business District, is hereby amended as follows: (a) Permitted Uses. (2) Special Exception Uses. (G) Recreation: Including but not limited to: Amusement Arcade * ; Banquet Hall; Billiard Hall*; Country Club; Fairgrounds; Fraternal Organization; Golf Course; Golf Driving Range; Lodge; Private Club; Public Dance Hall*; Social Club; Swimming Pool -private or public. Section VIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial / Mixed Use Districts, Section 21-03.04 LB Local Business District, is hereby amended as follows: (b) Development Standards. (1) Minimum Lot Width and Frontage -each lot or integrated center shall have a minimum lot width and frontage on a public street of 50 feet. (2) Minimum Yards and Building Setbacks (B) Minimum Side Yard and Setback -shall be provided from the lot line as follows: i. Minimum Side Yard -ten-~83 five 5 feet: , if provided Section IX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial / Mixed Use Districts, Section 21-03.05 CB Community Business District, is hereby amended as follows: (b) Development Standards. (1) Minimum Lot Width and Frontage -each lot or integrated center shall have a minimum lot width and frontage on a public street of 50 feet. (2) Minimum Yards and Building Setbacks (B) Minimum Side Yard and Setback -shall be provided from the lot line as follows: (i) Minimum Side Yard -zero 0 or ten (10) feet, if provided Section X. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial / Mixed Use Districts, Section 21-03.05 CB Community Business District, is hereby amended as follows: (a) Permitted Uses. (2) Special Exception Uses. (E) Recreation: Any outdoor recreation facility including but not limited to: fie; Amusement Center; Amusement Park; Country Club; Fairgrounds; Golf Course; Golf Driving Range; Miniture Golf -outdoor; Skateboard park; Skating rink (ice or roller) -outdoor; Tennis/Racquet Club -outdoor; Theatre - outdoor; Swimming Pool -private or public. (Ord. No. 9653-06) Section XI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial / Mixed Use Districts, Section 21-03.11 General Regulations for Commercial /Mixed Use Districts, is hereby amended as follows: (a) Accessory Uses, Buildings and Structures. (3) Additional Development Standards for Accessory Uses, Buildings or Structures in any Commercial /Mixed Use District. Accessory uses, barildings or structures permitted in any Commercial /Mixed Use district shall also comply with the following additional development standards: (B) Fences (including chain link, solid, architectural screen, lattice-work or masonry): iii. shall not include any barbed, electric, razor or other similar types of security wire when located ~~ ~ ~~;.~;v„.,.H~ ~ ^~' ,".va ^r between the front facade of the primary bz~ilding and the ~ front lot line ,~v^~l; and, Section XII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 LI Light Industrial Districts, Section 21-04.01 LI Light Industrial District, is hereby amended as follows: (a) Permitted Uses. (1) Primary Uses. (F) Office /Professional Services: Including but not limited to: Architect; Artist; Banl< Machines -Walk-up; Bank Machines -Drive-Through; Bank Machines - Free-Standing; Construction Companies (any type, office only); Consultant; Contractors (any type, office only); Corporate Headquarters (office only); Dentist• Design Services; Engineer; Financial Institution; Home Remodeling Companies (office only); Insurance Agent; Lawyer; Manufacturers Representative; Musician; Physician; Pharmacist; Photographic Studio; Professional Offices; Real Estate Office; Research Laboratories; Service Organization Office; Travel Agency (2) Special Exception Uses. rr 4D o rn ^~ ~ ~e ~i ~ ~' ~ -~ l ~~o* ie~te~ e^+~ ~ ~ ~e~~ z T2 l~if ' k ~ e 4 ~ ~1;7.,11~ ~ e-es i2 c 1> Aif.. h ~ Tl«; ~ -- ~o Tl. ~. D.,.,1> A~Tni ~ .L,ir~o~ ~vzn vi H~ I~ ~ ' ?r E ~ ~- n-ccxxc- c ~3;~ ~t ' rnrzv~zc:E I3 t `'+ ~ izic ~ -~~n o c-rrnvcc , i ' ^ -i i ~ra D;,, °« ~.. ~1 - r~@ cr I trt t i ~E ~~ rrs~ 63~S# ~ r H~~- e~i ~ .r Q~ ~ .ri~ir i {e~€rEe -} -s c~,r- iig n ; c n~ t~ ~ e ~ ' ' M e ~ e u '^" - ~ r t E-~tttd ~u ' 8 i ; ~F;- c ~~ ~ C r~C ; c a rTnv prr r g v; vrgcl~H~' ti9i~- e'f~ > Ec~ rn.rol A Ror~nir_ > > {~} to {~} to (~} to ~} to .(~ {~to~ Section XIII. Chapter 21, Zoning, of the Sotrth Bend Municipal Code, Article 4 Industrial Districts, Section 21-04.01 LI Light Industrial District, is hereby amended as follows: (a) Permitted Uses. (2) Special Exception Uses. (I) Recreation: Including but not limited to: Amusement Center; Amusement Park; Country Club; Dance Studio; Fairgrounds; Golf Course; Golf Driving Range; Gymnastics Studio; Miniature Golf -Indoor; Skating Rink (ice and roller) - Indoor; Tennis /Racquet Club -Indoor; Swimming Pool -private or public. Section XIV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 Industrial Districts, Section 21-04.02 GI General Industrial District, is hereby amended as follows: (a) Permitted Uses. (2) Special Exception Uses. (E) Recreation: Including but not limited to: Amusement Center; Amusement Park; Country Club; Fairgrounds; Golf Course; Golf Driving Range; Swimming Pool -private or public. Section XV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 Sign Regulations, Section 21-07.03, is hereby amended as follows: (d) On-Premise Signs: Commercial /Mixed Use Districts and Industrial Districts (Except for the MU District and CBD District) (2) Integrated Centers -Freestanding Identification Signs. (C) Maximum Sign Surface Area of Freestanding Signs for an Integrated Center. ii. The maximum sign surface area shall not exceed that specified in Table 21-07.03 (d) - C: Maximum Sign Surface Area, below: Table 21-07.03 (d) - C: Maximum Sign Surface Area Freestanding Signs for Integrated Centers Districts Frontage ~ O / LB CB / GB LI / GI < 500' ~ 64 sq. ft. 140 sq. ft. 64 sq. ft. > 500' - < 1,000' ~~ 150 sq. ft. ~'~ 300 sq. ft. ~'~ 150 sq. ft. alt > 1,000 4~-sg-tt-~ 300 sq. ft. ~z~ 600 sq. ft.~z~ 300 sq. ft. ~2} ~'~ -sign surface area may be all in one (1) freestanding sign or divided between all permitted freestanding signs. (2> -sign surface area may be all in one (1) freestanding sign or divided between all permitted freestanding signs, provided that the maximum sign szrrface area for any individual freestanding sign shall not exceed seventy- five (75) percent of the maximum listed. Section XVI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 Sign Regulations, Section 21-07.03, is hereby amended as follows: (d) On-Premise Signs: Commercial /Mixed Use Districts and Industrial Districts (Except for the MU District and CBD District) (2) Integrated Centers -Freestanding Identification Signs. (E) Maximum Height of Freestanding Identification Signs. The maximum height above grade of freestanding identification signs shall not exceed that specified in Table 21-07.03 (d) - D: Maximum Height and Type of Sign, below: Table 21-07.03 (d) - D: Maximum Height and Type of Sign Freestanding Signs for Integrated Centers Districts Type of Sign 9H O/LB CB/GB LI/GI Monument Sign ~ 8 ft. 20 ft. 8 ft. Pole Sign -when oriented toward a limited access highway ~~~ 25 ft. 40 ft. 40 ft. Pole Sign -when oriented toward any other street l~ NA 40 ft. 25 ft. NOTE: NA =Not Allowed /Not Permitted. Section XVII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 Sign Regulations, Section 21-07.03, is hereby amended as follows: (d) On-Premise Signs: Commercial /Mixed Use Districts and Industrial Districts (Except for the MU District and CBD District) (3) Out Lots in an Integrated Center -Freestanding Identification Signs. (B) Maximum Sign Surface Area of Freestanding Monument Identification Signs on Out Lots. The maximum sign surface area of freestanding monument identification signs on out lots shall not exceed that specified in Table 21-07.03 (d) - E: Sign Surface Area and Height, below.-_ Table 21-07.03 (d) - E: Sign Surface Area and Height Freestanding Signs for Out Lots in Integrated Centers R i l Districts egu on at 9~ O/LB CB/GB LI/GI Sign Surface Area ~?-sq-€~- 32 sq. ft. 48 sq. ft. 32 sq. ft. Height ~ 4' 6' 4' Section XVIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Special Regulations, Section 21-08.02 Special Regulations for Controlled Uses, is hereby amended as follows (b) Additional Development Standards for Controlled Uses: Controlled Uses, where permitted, shall be subject to the following additional development standards: (1) Spacing Regulations: (A) General - No building or lot may be used and no building may be erected, moved, structurally altered or enlarged for any controlled use, if such building or lot is located within one-thousand (1,000) feet of any two (2): i. controlled uses; ii. family restaurant with lounge; e~- iii. cabaret -family; or, iv. Controlled Uses, as defined and regulated, shall consider the location of any business establishment with four (4) or more amusement devices, to determine and meet the spacing regulations of such adult businesses. provided, however, a controlled use maybe structurally altered for the purposes of constructing, enlarging or refurbishing kitchen, food service, restroom or indoor storage areas, if: (i) such structural alterations are performed within the existing building; and, (ii) the seating capacity or patron service area is not increased. Section XIX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11 Definitions, Section 21-11.02 Definitions, is hereby amended as follows: Amusement Arcade: Any establishment which keeps, maintains or operates for hire on the premises four (4) or more amusement devices, including by way of example: automatic baseball court, shooting gallery, pinball machines, tenpin machines, electronic or video game machinesnrize machines, and the like. An establishment which has four (4) or more amusement devices, and which establishment does not dedicate and/or derive its business and/or income primarily from these amusement devices, shall not be considered a Controlled U.re. Amusement Center: Any indoor and/or outdoor establishment which keeps, maintains or operates for hire on the premises one (1) or more recreational des activities, . ^. including by way of example: go-cart tracks, skateboard tracks facilities, water slides, model car or model railroad tracks, ice and roller skating rinks, and the like. Establishments of this type eg nerally charge fees for each activity, and may include food, beverage, Amusement Arcade and waiting areas. Amusement Park: A primarily outdoor establishment which keeps, maintains and operates on the premises one (1) or more recreational activities, including by way of example: roller coasters water slides merr~~o-rounds, plays, dance shows, and any and all assortment of mechanical rides amusement booths restaurants, and snack areas. Establishments of this type generally have controlled access to the entire facility, and have a general admission charge. Selected venues within the Park may have additional fees and/or charges and madinclude elements of an Amusement Arcade and an Amusement Center. Section XX. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ~-~ / r Member of the Co on Council A Cit Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the (L~ day of ;~;,,,n~ ,2007, at (L'.`{Y o'clock~_._m. ~'~City erk Approved and signed by me on the _~ day of t,.... - , 2007 at _,~ o'clock ~. m. /'~"Y Mayor of the it o outh Bend, Indiana 1st READING `'~~1 PU3LIC HEARING~'<<"~1 ~~ Su~s~.~-~~` 3 rd READING to-ll-~1 ~S s ~~L~S~;~~:-~.~-~"~d NOT APPROVED REFERRED ~j-e- `('~-Ol PASSED (~-(~-ol Ce,S S u-~oss-.~-„"~~ Filed In Clerk's Office h4 AY 1 6 2007 JOHN VOORDE CITY CLERK, S0, BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 21-07 A 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, TO ADD CORNER LOT SETBACK REQUIREMENTS IN THE SF1 DISTRICT; TO CLARIFY THE NUMBER OF VEHICLES PERMITTED IN A GARAGE; TO PROHIBIT SECURITY-STYLE FENCING WITH CERTAIN EXCEPTIONS; ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS, TO REMOVE REFERENCES TO INTEGRATED CENTERS IN THE OB OFFICE BUFFER DISTRICT; TO ADD REQUIREMENTS FOR ACCESSORY BUILDINGS; TO ALLOW AMUSEMENT ARCADE ~4S A SPECIAL EXCEPTION USE; TO MODIFY SIDE YARD SETBACK REQUIREMENTS; TO CLARIFY SETBACK REQUIREMENTS FOR SECURITY-STYLE FENCING; ARTICLE 4 INDUSTRIAL DISTRICTS, TO ADD ADDITIONAL OFFICE USES AS PERMITTED USES; TO ADD AMUSEMENT CENTERS AND PARKS AS A SPECIAL EXCEPTION USE; ARTICLE 7 SIGN REGULATIONS, TO REMOVE INTEGRATED CENTER SIGNS FROM THE OB DISTRICT; ARTICLE 8 SPECIAL REGULATIONS FOR CONTROLLED USES, TO MODIFY REGULATIONS CONCERNING DISTANCES BETWEEN CONTROLLED USES AND PERMITTED USES; ARTICLE 11, DEFINITIONS, TO MODIFY DEFINITIONS FOR AMUSEMENT CENTER, AMUSEMENT ARCADE AND ADD A DEFINITION FOR AMUSEMENT PARK 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 as substituted under Section X: Change "Recreation" Including but not limited to:" to "Recreation: Any outdoor recreation facility including but not limited to:". Ann Puzzello Acting Chairperson