HomeMy WebLinkAboutAmending Chapter 21 Zoning OrdinanceORDINANCE No. 6090 -76
Passed by the Common Council of the City of South Bend, Indiana
December 13 iq 76
Clerk
IRENE K. GAMMON
of Common Council
Presented by me to the Mayor of the City of South Bend,
December 14 __76
City Clerk
IRENE K. GAMMON
Approved and signed by me l S[_¢_e_� I tJ _19_i_(0__
ORDINANCE N0, f„C,Qd._ (:,
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
WHEREAS, It has been demonstrated that the establishment of
adult businesses in business districts, which are immediately adja-
cent to and which serve residential neighborhoods, has a deleterious
effect on both the business and residential segments of the neigh-
borhood, causing blight and downgrading of property values; and
WHEREAS, The prohibition against the establishment of more than
two controlled uses within 1,000 feet of each other serves to avoid
the clustering of certain businesses which when located in close
proximity to each other, tend to create a "skid row" atmosphere; and
WHEREAS, Such prohibition serves to avoid the deleterious effects
of blight and devaluation of both business and residential property
values resulting from the establishment of an adult business in a
business district which is immediately adjacent to and which serves
residential neighborhoods; and
WHEREAS, Concern for, and pride in, the orderly planning and de-
velopment of a neighborhood should be encouraged and fostered in those
persons who comprise the business and residential segments of that
neighborhood;
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, that:
SECTION I. Paragraph (a) of Section 21 -1 of Article 1 of Chapter
21 of the Municipal Code of the City of South Bend shall be amended to
read as follows:
(a) As used in this chapter, unless otherwise provided:
(1) Accessory building means a subordinate building or part
of main building the use of which is incidental to that of the main
building.
(1.1)
substantial or s
es
of
V,
c
t Book Store means an
icant portion of is
per od ca s which are
s on matter deDictinR
a segment or se
establishment having as a
ock in trade books,
stinguishe or c aracter
b
escr ng or re a ng o
Anatomical Areas. or an
(1.2) Adult Business means and shall include the following:
(a) Adult Book Store
Adult Mini Mot on Picture Theater
Zcj Adult Motion Picture Theater
7T Class B Cabaret
It Mini Motion Pic
asis on ma
words deleted - - --
words added underlined
or less persons
scribing or re
obser-
(2) Alley means a public way, other than a street or public
court which affords secondary access to property.
(3) Apartment house means a building or portion of a build-
ing designed or used as a residence for three (3) or more families or
households living independently of each other.
(3.1) Associated sphere of influence: The area extending
from one -half block beyond the boundaries of the Central Downtown
Urban Renewal Project Area and bounded by Marion Street on the north,
Williams Street on the west, South Street on the south, and Niles
Avenue on the east.
(4) Basement means a story having at least half of its
height below the finished grade. A basement shall be counted as a
story, if subdivided and used for dwelling or business purposes.
(5) Block means a length of street from one (1) intersect-
ing street to the next intersecting street. The property fronting on
a length of street between two (2) streets which join or intersect
such length of street.
(6) Boardinghouse means a building, other than a hotel,
where lodging and means are provided for three (3) or more persons
whether or not for compensation.
(7) Board means Board of Zoning Appeals.
(8) Building or structure means a structure consisting of
foundation, walls, floor and roof enclosing space to be occupied.
(8.1) Building facade: That portion of any exterior eleva-
tion of a building extended from grade to the top of the parapet wall
or eaves and the entire width of the building elevation, and which may
also be referred to as the "building face."
(9) Building, height of, means the vertical district measur-
ed from the established street grade to the highest point in the coping
of a flat roof, to the deck line of a mansard roof and to the average
height between eaves and ridge of a gable, hip or gambrel roof. For
buildings set back from the street line, the height of building may be
measured from the average elevation of the finished grade along the
front of the building, provided its distance from the street line is
not less than the height of such grade above established grade.
(10) Business means an enterprise involving selling storing
or processing goods or commodities or the rendering of services.
(11) Business, commercial means a retail business selling
to the public.
(12) Business, industrial means an enterprise engaged in the
manufacture, the processing of materials or the assembling of parts
into finished or semifinished products; also the repair or recondition-
ing of products, appliances, machines, furniture or other goods which
involve manufacturing operations or processes. This class of business
may be further subdivided into light industrial or heavy industrial.
(13) Certificate of Occupancy means a certificate issued by
the Building Department authorizing an occupancy under the Zoning Law.
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13.1) Class A Cabaret means
including a class B cabaret, where pers
purpose o eat ng, dr nking, dancing or
or live entertainment is provided.
(13.2) Class B Cabaret means
topless dancers, go —go dancers. exotic
ersonators
establishment. not
cers, s
rs.
(14)
Commercial
use:
See
Business,
Commercial.
(15)
Commission
means
the
Area Plan
Commission.
15.1) Controlled Uses means those uses of
are rec
or
which
aeieterious errect upon the aajacent areas; ana snail incivae the
following:
cat
Adult Book Store
(b) Adult Motion Picture Theater
(c) Adult Mini Motion Picture Theater
(d) Class A Cabaret
(e) Class B Cabaret
(f) Establishm
liquor for consumption on
(g) Pawnshop
(h) Pool or Billiard Hall
(i) Public Dance Hall
le of beer or intoxi-
415rI4 (15.2) Copy area: The sum of the area of the words
or numbers included in the sign copy, exclusive of pictorials, trade-
marks or other advertising symbols.
415s ,23 (15.3) County: St. Joseph County, Indiana.
(16) Court means an open, unoccupied space, other than a
yard, on the same lot with a building and which is bounded on two (2)
sides by the building.
(16.1) Development Review Committee: An advisory committee
for the Central Downtown Urban Renewal Area.
(16.2) Display area: The total area upon which sign copy
may be placed. In computing the total display area of a sign, mathe-
matical formulas for geometric shapes formed by straight lines drawn
closest to the extremities of the sign, excluding any structural
members or embellishments, shall be used.
(17) Dwelling means a building or portion thereof arranged
or designed to provide living facilities for one (1) or more families.
Dwelling includes a house trailer, but does not include a motel, hotel
or automobile courts.
(18) Dwelling, one — family means a building designed for, or
occupied exclusively by one (1) family.
(19) Dwelling, two — family means a building designed for, or
occupied exclusively by two (2) families living independently and ex-
clusively of each other.
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(20) Dwelling, multiple - family: See Apartment house.
(21) Dwelling unit means a building or a portion thereof
designed or arranged to provide living facilities for a single family.
Each dwelling unit shall contain permanently installed kitchen and
toilet facilities.
(21.1) Embellishment: An addition to the display area on
which a continuation of an advertising message may be placed. Such
addition shall not be a continuous border which would constitute an
increase in the display area. Standard bases and standard trim shall
not be considered embellishments.
(21.2) Exterior Features: The arrangement and general design
of a building, structure or use, including the architectural style,
scale or form, architectural details, such as windows, doors, light fix-
tures, fences, walls, steps or other appurtenances, the color, type or
texture of building materials, signs, natural features, such as trees,
rocks or rock formations, or bodies of water.
(22) Family means one or more persons related by blood, legal
adoption or marriage, living and cooking together as a single housekeep-
ing unit, exclusive of household servants. A number of persons but not
exceeding two (2) living and cooking together as a single housekeeping
unit though not related by blood, legal adoption or marriage, shall be
deemed to constitute a family. A person or persons residing with a
family as hereinabove defined by reason of placement by a publicly li-
censed placement agency shall be considered as members of that family.
(23) Floor area means the floor area of a building shall be
taken to be the sum of the gross areas of the several floors of the
building, measured from the exterior faces of exterior walls or from
the center line of common walls. Floor area shall include floor open-
ings for stair wells, elevator shafts and duct work, floor space used
for mechanical equipment, open or enclosed, penthouses, attic space
having headroom of seven (7) feet, then (10) inches or more, interior
balconies, mezzanines and enclosed porches, and covered floor areas
devoted to accessory uses. Basement floor area shall be included when
more than one -half of the basement height is above finished grade or
when utilized as a dwelling unit or for commercial or industrial pur-
poses. Floor area shall not be included when used for off - street park-
ing or unloading.
(23.1) Floor area ratio: The total gross floor area of a
building or buildings on a lot divided by the lot area.
(24) Frontage means the contact of abutting property with a
street which affords unobstructed access to the property.
(25) Garage, private means an accessory building with capa-
city for storing not more than three (3) motor vehicles, and used for
storage only.
(26) Garage, public means a garage, other than a private
garage, used for the storage, care, repair or servicing of motor
vehicles, or where such vehicles are stored for remuneration or sale.
(27) Grade, established means the elevation of the street
grade in front of a property as fixed by the Engineering Department of
the City.
(28) Gross Acreage means all lands and open spaces included
in a tract, and one -half of all abutting streets, alleys and utility
easements.
(29) Gross leasable area means the total floor area designed
for tenant occupancy including basements, mezzanines and upper floors,
but excluding areas specifically designated for storage; expressed in
square feet and measured from the center line of joint partitions and
from outside wall faces.
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(29.1) Historic landmark: A building, structure, object,
district, land use, area or site of historical significance and de-
signated as an historic landmark on the Historic Preservation Plan.
(29.2) Historic preservation: The research, protection,
maintenance, restoration, rehabilitation, reconstruction or develop-
ment of historic landmarks. For purposes of this chapter, this defi-
nition shall apply to the preservation of exterior features only.
(29.3) Historic Preservation Commission: The Historic Pre-
servation Commission established under the provisions of this chapter.
(29.4) Historic Preservation Plan: A comprehensive plan,
including maps, surveys or studies, prepared by the Historic Preser-
vation Commission for the preservation of an historic landmark and
subsequently approved by the Area Plan Commission and officially adopt-
ed by the Common Council of the City of South Bend.
(30) Hotel means a building in which lodging, with or with-
out meals, is provided and offered to the public for compensation, and
which is open to transient guests. Hotel includes motels and automo-
bile courts, but does not include lodging houses and tourist homes.
(31) Lodging house means a dwelling, other than a hotel, in
which more than two (2) persons are given lodging whether or not for
compensation.
(32) Lot means a parcel of ground set apart by recognized
boundary lines, and having frontage upon a street.
(33) Lot of record means a lot which is a part of a subdi-
vision, the map of which subdivision has been recorded in the office
of the Recorder of St. Joseph County, or for which a deed has been
recorded in the office of the Recorder of the County.
(34) Lot, corner means a lot at the junction of two (2)
streets, with frontage on two (2) of its boundary lines.
(35) Lot, interior means a lot with frontage on but one (1)
street.
(36) Lot, through means a lot having frontage on two (2)
parallel or approximately parallel streets.
(37) Lot lines means the boundary lines of a lot as herein
defined.
(38) Major building means a building housing the principal
occupancy on a lot.
(39) Mobile home means any vehicle or portable structure
designed for long -term occupancy, containing sleeping accommodations,
a flush.toilet, a bathtub or shower, kitchen facilities and plumbing
and electrical connections providing for attachment to outside systems;
designed to be transported after fabrication on its own wheels, flatbed
truck, other trailer or detachable wheels; which, when arriving at the
site where it is to be occupied as a complete dwelling unit, including
major appliances, is ready for occupancy except for minor and indidental
unpacking and assembly operation, located on foundation supports, and
is connected to external utilities and electrical system.
(40) Mobile Home Lot means a designated site within a mobile
home park and /or subdivision for the exclusive use of the occupants of
a single mobile home.
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(41) Mobile home park means a tract of land in single
ownership which has been developed with all necessary facilities
and services in accordance with a site development plan meeting
all the requirements of this chapter and which is intended for the
express purpose of providing a satisfying living environment for
mobile home residents on a long -term basis.
(42) Mobile home subdivision means a parcel of land de-
veloped under single ownership but where lots are sold for use of
mobile homes and where either public utilities are provided or
utilities are provided by management for a service charge.
(42.1) Neighborhood Development Committee: An advisory
committee to the Historic Preservation Commission established under
the provisions of this chapter.
(43) Occupancy means the use to which a building or pre-
mises is devoted.
(44) Occupation, home means personal services conducted
in a home by the occupant alone, not involving sales or display rooms.
(45) Off- street parking space means a suitably surfaced
area provided for the off - street parking of vehicles. Such spaces
shall be a useable area containing a minimum of two hundred (200)
square feet, having least dimensions of approximately nine (9) feet
by twenty (20) feet, and shall be adequately surfaced, drained,
screened and landscaped. Aisle, access or maneuvering space shall
not be included in the minimum useable area.
(46) Place means an open, unoccupied space, other than a
street or alley, permanently reserved for purpose of access to
abutting property.
(47) Planned residential development means a tract of land
under single ownership or control, which is to be developed as a unit,
according to an overall development plan and which complies with the
intent and requirements of this chapter regarding such developments.
(48) Setback means the minimum horizontal distance between
the street line and the front line of the building, or any projection
thereof, excluding steps, unenclosed porches and sun parlors.
(48.1.) Sign: A structure, including the frame and supports
of such containing any printed text, pictorial representation, emblem
or other object, and which is used to identify, instruct, attract,
guide or advertise.
a. Major Categories: For the purpose of this chapter,
uses of signs shall be identified as follows:
1. Development sign: A temporary construction sign
denoting the architect, engineer, contractor, subcontractor, financier,
or sponsor of a development and designating the future occupant or use
of the development.
2. Directional sign: A sign of eight (8) square feet
or less and containing information relative to the location, distance
to, entrance and exit from structures, sites or land use activities.
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3. Institutional bulletin: A sign of any govern-
mental agency, religious group, hospital or school, located on the
premises and bearing only the information related to the activities
conducted on the premises, persons involved or other such informa-
tion.
4. On- premises identification sign: A sign which
identifies or advertises the profession, land use activity, indivi-
dual, product or service occupying or available on the premises.
5. Outdoor advertising sign: An off - premises sign
which directs attention to businesses, products, services or estab-
lishments not usually conducted on the premises on which the sign is
located and which, for the purposes of this chapter, shall be consi-
dered a principal use.
6. Public information sign: A sign containing emer-
gency or legal notices and regulatory information.
7. Real estate sign: A sign advertising the fact
that the premises on which it is located is for sale, lease or rent.
8. Temporary sign: A display, informational sign,
banner or other advertising device with or without a structural frame,
not permanently attached to a building, structure or the ground, and
intended for a limited period of display, including decorative dis-
plays, for holidays or public demonstrations.
b. Structural Types: For the purposes of this chapter,
signs shall be classified according,to their structural type:
1. Facia sign: A single -face sign which is in any
manner attached or affixed to an exterior wall of a building or struc-
ture or mounted above or below a canopy and which projects no more
than eighteen (18) inches from and does not extend more than six (6)
inches above the parapet line, eaves or building facade. Individual
letters, in addition to the "Box- type" sign, may also be installed as
a facia sign.
2. Flashing sign: An illuminated sign on which the
artificial light is not maintained stationary or constant in intensity
or color.
3. Freestanding sign: A sign supported by one or more
uprights, poles, columns or braces placed in or upon the ground surface
and not attached to any building or structure.
4. Illuminated sign: A sign illuminated by gas,
electricity or other artificial light, including reflective or
phosphorescent light.
5. Marquee or canopy sign: A sign attached or
applied below a marquee, canopy, awning or other rooflike structure.
6. Multi -face sign: A sign more than one side of
which is vissble, A "V- type" sign shall be considered a multi -face
sign, provided the least angle of intersection does not exceed ninety
(90) degrees.
7. Portable sign: A freestanding sign not permanent-
ly anchored or secured to either a building or the ground.
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8. Projecting sign: A multi -face sign, end - mounted
to an exterior wall of a building or structure and which projects out
from the wall more than eighteen (18) inches.
9. Roof -mount sign: A sign erected wholly upon or
over a roof of any building.
is visible. 10. Single -face sign: A sign only one side of which
(48.2) Specified Anatomical Areas means and includes the
following:
(a) Less than completely and onaouely covered: (1) humai
elow a
male genitals in a discernibly turgid state even
quely covered.
(48.3) Specified Sexual Activities means and includes the
following:
(a) Human genitals in a state of sexual stimulation or
arousal; _
(b) Acts of human masturbation, sexual intercourse or sodomy;
(c) Fondling or other erotic touching of
is region, buttock or female breast.
(49) Sun parlor means a glass enclosed porch.
(50) Story means that portion of a building between the sur-
face of any floor and the surface of the floor above, or if there be no
floor above it, to the ceiling next above.
(51) Story, half means a story under a gable, gambrel or hip
roof, the wall plates of which on at least two (2) opposite exterior
walls, are not more than two (2) feet above the floor of such story.
(52) Street means a public thoroughfare more than sixteen
(16) feet wide which affords the principal access to the abutting pro-
perty.
(53) Structure means an edifice or building of any kind, or
any piece of work artificially built up or composed of parts joined to-
gether in some definite manner.
(54) Structural alteration means any change in the supporting
members of a building such as bearing walls, columns, beams or girders.
(55) Useable open space means those spaces useable for out-
door recreational living and household uses normally carried on outdoors;
which are not devoted to nonhousehold uses, vehicular use or parking;
which are open to the sky; which, if above grade, are structurally sound
and adequately surfaced and protected; and which are accessible to all
occupants of the dwelling unit or units for whom the space is required.
(56) Yard means an open space, other than a court, on the
same lot with a building and unobstructed from the ground upward, ex-
cept as otherwise provided herein.
(57) Yard, rear means a yard extending across the full width
of the lot between the rear line of the building and the rear lot line.
(58) Yard, side means open space between the building and
the side line of the lot.
SECTION II. Section 21 -18 of Article 2 of Chapter 21 of the
Municipal Code of the City of South Bend shall be amended by adding
,new paragraphs (b), (c) and (d) which shall read as follows:
(b) In order to prevent the development of a blighted area,
no building or premise may be used and no building may be erected,
moved, structurally altered or enlarged, for any controlled use,
if such building or premise is located within one thousand (1000)
feet of any two (2) controlled uses, as such use is defined in
Section 21 -1 (15.1).
(c) In order to promote the use of the Downtown area as a region-
al retail business and convention center, any Class A cabaret or res-
taurant which sells beer or intoxicating liquor for consumption on the
premises is exempt, for the pruposes of this chapter, from the location -
al restrictions in Section 21 -18 (a), herein, in the area bounded by a
line drawn as follows:
Beginning at a point formed by the intersection of the north
right -of -way line of Madison Avenue and the west right -of -way of
William Street; thence south along the west right -of -way line of
William Street to the south right -of -way line of Monroe Street; thence
east and southeast along the south right -of -way line of Monroe Street
to the southeast right -of -way line of that portion of Monroe Street
between Lincolnway East and the St. Joseph River; thence northeast
along the southeast right -of -way line of that portion of that portion
of Monroe Street between Lincolnway East and the St. Joseph River and
proceeding in a northeasterly direction along said right -of -way to the
center of the St. Joseph River; thence proceeding in a northwesterly
direction along the center of the St. Joseph River to the north right -
of -way line of Madison Avenue; thence west along the north right -of -way
line of Madison Avenue to the west right -of -way line of William Street
which is the point of beginning, all in the City of South Bend, St.
Joseph County, State of Indiana.
(d) No building or premise may be used and no building may be
erected, moved, structurally altered or enlarged for any Adult Business
use within five hundred (500) feet of any of the following use districts:
(A) In the City of South Bend;
(1)
"A"
Residence District
(2)
"A -1"
Residence District
A3)
"A -2"
Planned Residental Development District
(4)
"A -3"
High Priority Residential Office and
Professional District
(5)
"B"
Residence District
(6)
"B -1"
Residence District
(7)
"C -1"
Commercial, Limited Use District
(8)
"C -2"
Planned Shopping Center District
(B) In St. Joseph County;
(1) "C -2" Planned Shopping Center District
(2) "R" Single Family Residence
(3) "R�1" Mobile Home Park
(4) "R -2" Multi- Family
I=
(C) In the City of Mishawaka;
(1) "R -1" Single Family
(2) "R -2" Single and Multi- Family
(3) "R -3" Preference for Multi- Family
(4) "R -4" Mobile Home
(5) "C -2" Shopping Center
(6) P.U.D. Planned Unit Development Projects
SECTION III. Subparagraph (28) of paragraph (a) of Section 21 -35
of Article 2 of Chapter 21 of the Municipal Code of the City of South
Bend shall be amended to read as follows:
(28) Uses numbered 2 to 63 inclusive as
permitted in the "C" Commercial District (.)
and subject to the provisions in Section
,,
SECTION IV. Severability. If any provision, section or part of
any section of this ordinance is declared to be invalid or unconstitu-
tional, such declaration shall not be construed to affect any of the
other provisions, sections or parts of sections herein, and the remain-
der of the ordinance shall not thereby be invalidated.
SECTION V. This ordinance shall be in full force and effect from
and after its passage by the Common Council, approved by the Mayor and
legal publication.
FILED IN CLERK'S OFFICE
Is+ READING
PU3LIC HEARING !✓„2_/3 -7� r.,�n_- c 1976
2nd READING `g'
NOT APPROVED
REFERRED ��a ���_. �-� /v- ' l° Irene Gammon
PASSED I a_ l3 _7 Q.Q � CITY CLERK, SOUTH BEND, IND,
10 -
Memb#r
of the Common Council
FILED IN CLERK'S OFFICE
Is+ READING
PU3LIC HEARING !✓„2_/3 -7� r.,�n_- c 1976
2nd READING `g'
NOT APPROVED
REFERRED ��a ���_. �-� /v- ' l° Irene Gammon
PASSED I a_ l3 _7 Q.Q � CITY CLERK, SOUTH BEND, IND,
10 -
Thomas J. Brunner, Jr.
City Attorney
Robert M. Parker
Chief Deputy
�`1�v01 U17DNei
CITY of SOUTH BEND �
PETER J. NEMETH, Mayor z
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 UJ
UJ a
INDIMN
South Bend Common Council
County -City Complex
227 West Jefferson Blvd.
South Bend, Indiana 46601
Dear Members of the Common Council:
October 5, 1976
219/284 -9241
In view of the deleterious effect to both the business and resi-
dential segments of our neighborhoods caused by the clustering of
certain types of business, the City administration believes that affir-
mative action should be taken to help protect and preserve the quality
of neighborhoods in South Bend.
The United States Supreme Court in the recent case of Young v.
Mini Theaters, has validated the zoning law approach to limiting the
spread o— f adult establishments" in residential neighborhoods. It is
my hope that the passage of an ordinance addressing this problem by
the City of South Bend will help to protect residential neighborhoods
while not infringing on the constitutional rights of any segment of
the population.
The proposed ordinance would amend the City's zoning laws to pro-
hibit the locating of "adult businesses," i.e., adult book stores,
adult motion picture theaters and cabarets which feature exotic dancers
and similar entertainment, within 500 feet of all residential areas and
planned shopping centers. This protection would also be offered to
similarly zoned areas in the county and Mishawaka that are located ad-
jacent to commercially zoned areas in the city.
Furthermore, the proposed ordinance would prohibit the establish-
ment of more than two controlled uses within 1,000 feet of each other,
and would prohibit the location of an ''adult business" within 200 feet
of a controlled use. These controlled uses would include cabarets,
taverns, pawnshops, pool halls and public dance halls in addition to
"adult businesses."
It is hoped that this ordinance will receive your careful and
thoughtful consideration.
TJB :vl
AC OMMISSION RICHARD S. JOHNSON
OF ST. OSEPH COUNTY, IN Executive Director
Room 1140 County -City Building South Bend, Indiana 46601 (219) 284 -9571
November 17, 1976
The Honorable Common Council
City of South Bend
County -City Building
South Bend, IN 46601
In Re: A proposed ordinance initiated by the Legal Department
of the City of South Bend, to amend Zoning Ordinance
No. 4990 -68, relative to Adult Book Stores and
Theaters, City of South Bend
Gentlemen:
The attached rezoning petition of the Legal Department
of the City of South Bend was legally advertised November 6, 1976.
The Area Plan Commission gave it a public hearing on November 16,
1976 at which time the following action was taken:
"Upon a motion by Joseph Serge, being seconded by
Joseph Simeri, and unanimously carried, the petition,
as amended, initiated by Mary C. Adams, City Council-
woman, to amend Zoning Ordinance No. 4990 -68, relative
to Adult Book Stores and Theaters, City of South Bend,
is returned to the Common Council with a favorable
recommendation."
The deliberations of the Area Plan Commission and
points 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.
Very truly yours,
Richard -$. J_hnson
Executive Director
RSJ /bsj FILED IN CLERICS OFFICE
cc: Legal Department of the City of South Bend
[ i'J V 17 1976
Irene Gammon
CITY CLERK, SOUTH &ENU, INO.
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN