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HomeMy WebLinkAboutAmending Chapter 21 ZoningORDINANCE No. 5825 -75 Passed by the Common Council of the City of South Bend, APRIL 7 19 75 IRENE K. GAMMON City Clerk Presented by me to the Mayor of the City of South Bend, APRIL 8 Approved and signed by me Z6- of Common Council IRENE K. GAMMON Clerk (1) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND. BE IT ENACTED by the Common Council of the City of South Bend, that Section 21 -1 and Section 21 -8 of Chapter 21 of the Municipal Code of the City of South Bend be, and the same are hereby amended as follows: SECTION I. Sections 21- 1(a)(6), 21- 1(a)(22) and 21- 1(a)(31) be, and the same are hereby amended to provide: 21- 1(a)(6) Boarding house means a building other than a hotel, where lodging and meals are provided for three (3) or more persons for payment or compensation. 21- 1(a)(22) Family means one or more persons related by blood, legal adoption or marriage, living and cooking together as a single housekeeping 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 licensed placement agency shall be considered as members of that family. 21- 1(a)(31) Lodging house means a dwelling in which more than two (2) rooms and less than eight (8) are let for hire, or more than two (2) persons are given lodging for compensation. SECTION II. Section 21- 8(a)(5) be, and the same is hereby amended to provide: 21- 8(a)(5) Uses customarily incident to any of the above uses and not involving the con- duct of a business, except that the owner of a dwelling, living in such dwelling for not less than nine (9) months during the calendar year may provide lodging for no more than two (2) persons for compensation. SECTION III. This Ordinance shall be in full force and effect after —it passage by the Common Council of the City of South Bend, its proper execution by the Mayor and publication according to law. 1st READING / --2 r/ _ -j S PUBLIC HEARING A4 — 7 _ 7 S 2nd READING NOT APPROVED REFERRED; PASSED raw In GUMS UffQ JAN 2 2 5975 Irene Gammon CITY CLERK, SOUTH BEND, IND. January 6, 1975 Mr. Roger O. Parent Fourth District Commissioner and President Common Council of the City of South Bend City County Building South Bend, Indiana 46601 Re: Proposed Amendment to Chapter 21 - South Bend Municipal Code Dear Mr. Parent: As you are well aware from our previous meetings with you, the Harter Heights Neighbors have organized into a permanent neighborhood group. One of our most immediate concerns is with the current "A- Residential" zoning classification. Briefly stated, it has become readily apparent in the past three years that an increasing number of one family dwellings are being used in Harter Heights and surrounding areas for purposes which violate the spirit and intent of the "A- Residential" zoning classification. "One family dwellings" which were originally designed and constructed for use by families (in the traditional sense of a blood, marriage or legal adoption relationship) , built in areas designated as residential and taxed accordingly, are being used for non - family purposes pursuant to multiple- renting schemes. These homes are owned by individuals who do not occupy the dwelling but rent, instead, to a number of unrelated individuals. Consequently, homes which should be available for purchase or rent by families have become, in effect, income properties which are wholly out of character with the integrity of "A- Residential" neighborhoods. Commercial encroachment of this kind naturally leads to problems vihich are all too obvious in residential neighborhoods where it has gone unchecked. The City of South Bend, like every urban area, has zoning ordinances designed to regulate land and structure uses. It has been proven time and again in cities across the United States, however, that unless such ordinances are strong, the city loses one of its most vital weapons with trhich to fight urban decay. Mr. Roger O. Parent January 6, 1975 Page 2 In that regard, our legislative committee sought information about and legal Interpretations of the current applicable South Bend zoning ordinances from private attorneys and city officials. We concur in their judgment that these ordinances, as they pertain to "A- Residential" areas, contain ambiguities specifically with respect to the definitions of "family" and "one family dwelling." We further concur in their conclusion that our present ordinances are in need of up -dating and clarification particularly in view of the fact that the new proposed county -city ordinances contain the same nebulous language as the present city ordinances. We propose to strengthen South Bend's zoning ordinances by submitting the enclosed amendments to the Common Council. As you know, these amendments are the result of extensive research and careful preparation. Our legislative committee has consulted zoning experts, city officials, attorneys, neighborhood groups and private citizens. We have studied the United States Supreme Court's April 1, 1974 decision in Village of Belle Terre v. Borass as it pertains to the definition of "family" and "one family dwelling," and have specifically analyzed the concepts of "family" and "one family dwelling" as defined by the zoning ordinances of cities such as Denver, Colorado and Long Island, New York. The definition of "family" as contained in the proposed amendment is virtually identical to the ordinance definition of "family" passed on and approved by the Supreme Court in the Borass case mentioned above. On the basis of this research, the proposed amendments are designed to be flexible enough to allow for certain modern attitudes as well as the time - honored practice in South Bend of families accepting roomers into their homes, while at the same time protecting our residential neighborhoods from deterioration by prohibiting any one family dwelling in A- Residentially zoned areas to be misused as lodging houses or boarding houses. While we are best informed of the situation as it exists in the Harter Heights area, our research has confirmed the suspicion that many residential areas have already been seriously infected by real estate speculation of this nature and that every "A- Residential" area is vulnerable to it. That the problem is of a menacing character and begs an immediate remedy, cannot be denied. As citizens and residents of South Bend we are deeply committed to the healthy development of our city and its quality of life. We are confident that these amendments are a reasonable, sound, and enforceable solution to a problem that deeply affects that quality of life. Mr. Roger O. Parent January 6, 1975 Page 3 We respectfully request that you file the enclosed amendments with the City Clerk and introduce them to the Common Council at the earliest possible date. Very truly yours, The Harter Heights Neighbors- - Legislative Committee Steve Hurtt James Langford Margaret Langford Edward Mark Robert Xonopa Clammutrr S¢part 110 tke Tommon (Qounrit of thf (9ity of Ovut4 #rnd: Your Committee Of the Whole to whom was referred AN ORDINANCE AMENDING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND (redefining types of dwelling units allowed in "A" Residential Districts). Respectfully report that they have examined the matter and that in their opinion the Ordinance should be recommended favorably to the Common Council, as amended: 21 -1 (a)(6) Boarding house means a building other than a hotel, where lodging and meals are provided for three (3) or more persons whether or not for compensation. 21 -1 (a) (31) Lodgin house means a dwelling, other than a hotel in which pi 77077 %/0VOX0110 more than two (2) persons are giving lodging whether or not for compensation. 21 -8 (a)(5) Uses customarily incident to any of the above uses and not involving the conduct of a business, except that the &If¢¢ /Of legal title holder to a dwelling, living in such dwelling for not less than nine (9) months during the calendar year may provide lodging for no more than two (2) persons whether or not for compensation. Odell Newburn Chairman FREE .RE.$ E14F.4W PU.LISNINO CO.