HomeMy WebLinkAboutAmending Chapter 21 Generally Known Zoning OrdinancePassed by the Common Council of the City of South Bend, Indiana_
March 13 -1978
IRENE K. GAMMON
l
Presented by me to the Mayor of the City of South Bend, Indiana
March 14 z9 7 8
City Clerk
of Common Council
City Clerk
IRENE K. GAMMON
A p p r o v e d and signed by me / 0 ,, �9 7-
ORDINANCE NO. G,3 l Q -7 V
AN ORDINANCE AMENDING CHAPTER 21 OF THE
CITY CODE OF SOUTH BEND, INDIANA, 1971,
ALSO KNOWN AS ORDINANCE NO. 4990 -68, AS
AMENDED, AND GENERALLY KNOWN AS THE
ZONING ORDINANCE OF THE CITY OF SOUTH
BEND, INDIANA.
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend recognizes that
the establishment of more than two controlled uses, as defined in
Ordinance No. 6090 -76, within 1,000 feet of each other tends to
create a "skid row" atmosphere.
The Common Council further recognizes that the presence of an
amusement arcade within 1,000 feet of two controlled uses advances
the creation of a "skid row" atmosphere, and, therefore, an amusement
arcade should be included in the list of controlled uses.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City
of South Bend, Indiana, as follows:
SECTION I. Paragraph (a), Section 21 -1 of Article 1 of Chapter
21 of the Municipal Code of the City of South Bend is hereby amended
so that subparagraph (2.1) shall read in its entirety as follows:
(2.1) Amusement arcade means any establishment which keeps,
maintains or operates for hire two (2) or more amusement
devices. For the purposes of this Chapter, an amusement
device shall be included by but is not limited to the
following: automatic baseball court, shooting gallery,
pinball machines, tenpin machine, an electronic game machine.
SECTION II. Paragraph (a), Section 21 -1 of Article 1 of Chapter
21 of the Municipal Code of the City of South Bend is hereby amended so
that subparagraph (15.1) shall read in its entirety as follows:
(15.1) Controlled Uses means those uses of property which are
recognized as having serious objectionable characteristics,
particularly when several of them are concentrated, thereby
having a deleterious effect upon the adjacent areas; and shall
include the followin
(a) Adult Book Store
(b) Adult Motion Picture Theater
(c) Adult Mini Motion Picture Theater
(d) Amusement Arcade
�44 TeT Class A Cabaret
4e4 T7 Class B Cabaret
Establishment for the sale of beer or intoxicating
liquor for consumption on the premises
k144 RPawnshop
14 Pool or Billiard Hall
k}4 (j) Public Dance Hall
SECTION III. Severability. If any provisions of this bill are
held invalid, such invalidity shall not affect other provisions or
applications which can be given effect without the invalid provision
words added underlined
words deleted - - --
or application and to that end the provisions of this bill are
declared to be severable.
SECTION IV. This Ordinance shall be in full force and effect
from and after its passage by its passage by the Common Council.,
approval by the Mayor.
se,
NK-�'T, APPROVEb
RIEFEUMED
PASSED
- 2 -
Irene Gammoll
CITY OF SOUTH BEND
COMMON
COUNCIL
JOSEPH T. SERGE
First District
WALTER M. SZYMKOWIAK
Second District
TERRY S. MILLER
Third District
ROGER O. PARENT
Fourth District
ROBERT G. TAYLOR
Fifth District
WALTER T. KOPCZYNSKI
Sixth District
MARY CHRISTINE ADAMS
At Large
RICHARD C. DOMBROWSKI
At Large
FRANK HORVATH
At Large
CITY OF SOUTH BEND
South Bend, Indiana 46601
January 6, 1978
AREA 219 284 -9321
441 COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601
South Bend Common Council
4th Floor Council Chambers
County -City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
Dear Council Members:
I believe the attached Amendment to the South
Bend Adult Business Ordinance which would classify
amusement arcades as a controlled use is necessary
if we wish to control neighborhood deterioration.
It is my belief that amusement arcades like other
controlled uses which are presently found in the
ordinance have the effect of reducing property
values and create a "skid row" atmosphere.
I hope for your favorable consideration of
this ordinance.
JTS : vl
Attachment
Very truly yours.,
i Jos h T. Serge
cl-�
OFFICE of the CITY CLERK
Date - - - -- --Jai 113ar -Y ..2.4 ............. t- - -• - -- ......,19..7.8.
Area Plan Commission
At the __. January 23, 19 7 8
meeting of the Council the following matter was referred to you for appropriate disposal of for
specific action as indicated:
A BILL AMENDING CHAPTER 21 OF THE CITY CODE OF SOUTH
BEND, INDIANA, 1971, ALSO KNOWN AS ORDINANCE NO.
4990-68, AS AMENDED, AND GENERALLY KNOWN AS THE ZONING
ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA.
Documents attached: City Clerk
copy , of bill --------- - ..M ------ --- _. ------ IRENE K. GAMMON
Deputy---------------------------------------- - - - - --
i
9 AREqPLAN CO MMISSION
OF ST. JOSEPH COUNTY, IN
Room 1140 County -City Building
The Honorable Common Council
City of South Bend
County -City Building
South Bend, IN 46601
RICHARD S. JOHNSON
Executive Director
South Bend, Indiana 46601 (219) .284 -9571
February 22, 1978
In Re: A proposed ordinance initiated by Joseph Serge, a City Councilman,
to control the location of amusement arcades, via an amendment
to the South Bend Zoning Ordinance, City of South Bend
Gentlemen:
The attached ordinance initiated by Joseph Serge was legally
advertised February 11, 1978. The Area Plan Commission gave it a
public hearing on February 21, 1978, at which time the following
action was taken:
"Upon a motion by Joseph Serge, being seconded by William
Limerick and carried unanimously, the petition initiated
by Joseph Serge, a City Councilman, to control the location
of amusement arcades, via an amendment to the South Bend
Zoning Ordinance, City of South Bend, is returned to the
Common Council with a favorable recommendation."
The deliberations of the Area Plan Commission and matters
considered in arriving at the above decision are shown in minutes of
the public hearing and will be forwarded to you at a later date to be
made a part of this report.
RSJ /cm
attach.
Very truly yours,
Richard S. Johnson,
Executive Direct
o
Is 444 E
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Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, Cou*y, IN