HomeMy WebLinkAboutAmending Chapter 21 of the South Bend Municipal CodeORDINANCE No. 10261-13
Passed by the Common Council of the City of South Bend, Indiana
Attest:
November 11, 20 13
JOHN VOORDE
Presented by me to the Mayor of the City of South Bend, Indiana
November 12 20 13
City Clerk
President of Common Council
Approved and signed by me 12- 20 13
City Clerk
Ordinance No. b Ddb T13
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE,
ARTICLE 1, BASIC PROVISIONS, TO ADD A NEW SUBSECTION RELATIVE TO
THE REZONING OF EXISTING STRUCTURES; ARTICLE 2, RESIDENTIAL
DISTRICTS TO REVISE STATE SWIMMING POOL CODE REFERENCES;
ARTICLE 4, INDUSTRIAL DISTRICTS, TO REVISE SCREENING
REQUIREMENTS; ARTICLE 5 PLANNED UNIT DEVELOPMENT, TO REVISE AN
INCORRECT CITATION; ARTICLE 7, GENERAL REGULATIONS, TO REVISE
CERTAIN LANDSCAPING REQUIREMENTS BETWEEN RESIDENTIAL AND
INDUSTRIAL USES, AND TO REVISE INCORRECT CITATIONS.
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance
that went into effect on May 7, 2004. Certain changes are deemed necessary for a more
affective administration of the ordinance. When properties that have existing buildings or
structures petition for a zone amendment (a/k/a rezoning), and those buildings or structures do
not meet the setback requirements of the zoning district that they are zoning to, those setbacks
will now be considered as legal nonconforming. When industrial -zoned properties abut other
industrial -zoned properties, or are separated by a road, screening will not be required; but
adjacent residential uses will still need to be properly buffered. Citations in several sections
that refer to other parts of the ordinance, or other ordinances, need to be corrected. Further,
several sections of the Sign Regulations need to be updated to respond to changes in signs
commonly used, namely temporary signs and incidental signs for drive - through facilities.
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 1 Basic
Provisions, Section 21 -01.02 Zoning Districts and Zone Maps, is hereby amended by adding a
new subsection (i) as follows:
(i� Existing Buildings and Structures — Change of Zoning District
In those instances where buildings and structures exist on a lot or parcel that is
subsequently rezoned to another zoning district (a/k/a zone man amendment) those
buildings and structures shall be exempt from seeking variances from the required
side, rear, or front Yard development standards of that zoning district All existing
structures at the time of the rezoning shall be deemed to be legal nonconforming
buildings or structures and shall comply with all provisions of Section 21-01.03 from
that point forward.
Section II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential
Districts, Section 21- 02.11(a) (3) (B) (iii), is hereby amended as follows:
iii. The swimming pool or hot tub, either above or below ground, shall comply with the
applicable requirements of Chapter 14, Article 3 of the Municipal Code or the Indiana
S =•=i==s=oE4 Administrative Code for residential pools at 675 IAC 14-4.3-270
through 296, as amended; and for commercial pools at 675 IAC 20 as amended, as
adopted by Chapter 6 of the Municipal Code. Refer to Section 14 -12 of the Municipal
Code to determine applicable requirements.
Section III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 Industrial
Districts, Section 21- 04.01(b) (10) (B) (ii) b., is hereby amended as follows:
b. Screening - Outdoor storage areas shall be screened from view from all non - industrial
zoned lot lines by buildings or:
Section IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 Industrial
Districts, Section 21 -04.02 (b) (10) (B) (ii) b., is hereby amended as follows:
b. Screening - Outdoor storage areas shall be screened from view from all non - industrial
zoned lot lines by buildings or:
Section V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 5 Planned Unit
Development District, Section 21 -05 (e), is hereby amended as follows:
(e) Secondary Plat Approval
The process for the approval and recording of a secondary plat for any development in
a PUD approved pursuant to this Section 21 -05 shall be issued in a manner consistent
with that for any other subdivision within the City of South Bend as set forth in
Chapter 21, Article 8 14 — Subdivisions (or any successor Subdivision Control
Ordinance) and with any additional requirements or commitments entered into in
connection with the approval of the preliminary plan pursuant to this Section 21 -05.
The approval and recording of a secondary plat is required prior to the issuance of a
improvement location permit for any improvements on a lot.
Section VI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 General
Regulations, Table 21- 07.01 -A: Residential Bufferyard Landscaping, is hereby amended
by amending Table 21- 07.01 -A: Residential Bufferyard Landscaping, by adding a new
footnote (4) and adding a new, descriptive accompanying footnote (4) as follows:
TABLE 21- 07.01— A: RESIDENTIAL BUFFERYARD LANDSCAPING
Zoning of
Adjacent
Zoning of Subject Property
Pro a
SE/U
OB
MU
O
LB
CB
CBD
GB
LI
GI
PUD
SFl (41
B
B
B
B
B
B
B
C
C
C
lz>
F214)
B
B
B
B
B
B
B
C
C
C
(zJ
MFl iA)
A
B
B
B
B
B
B
C
C
C
z>
MF2 CI)
A
B
B
B
B
B
B
C
C
C
lz>
PUD (3)
B
B
B
B I
B I
B
B
C
C
C
lz>
— When a street separates a residential zoning district from a non - residential zoning district
Type A. Open may be substituted in the front ,yard
Section VII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 Sign
Regulations, Section 21 -07.03 (d) (5) (B) iv., is hereby amended as follows:
iv. If a lot is occupied by a use which includes a drive through facility, one (1) menu
board shall be permitted adjaeeRl to the for each drive through € wiky lane as an
incidental directional sign to announce the selection of services or products available
at the drive through facility and the prices thereof.
Section VIIl. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 Sign
Regulations, Section 21 -07.03 (e) (2) (A), is hereby amended as follows:
(A) Lower Level Building Identification Signs.
Building identification signs located on the first eighteen (18) feet of building height or
the actual building height, whichever is less, shall be considered lower level building
identification signs. Lower level building identification signs shall be limited to wall
signs. In addition, awning signs, canopy signs or marquee signs may be permitted
subject to the provisions of Section 21 -07.03 (e) (2) (D), below, or projecting signs
may be permitted subject to the provisions of Section 21 -07.03 (3) U (2) (C), below.
Section IX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 Sign
Regulations, Section 21 -07.03 (g) (3) is hereby amended as follows:
Notwithstanding anything contained in Section 21 -01.03 (j-) W — Legally Established
Nonconforming Signs to the contrary, freestanding on premise signs and sign
structures, shall be subject to the following removal provisions:
Section X. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7, Sign
Regulations, Section 21 -07.03 (g) (3) (B), is hereby amended as follows:
(B) When a legally established nonconforming building, or any activity, business,
entertainment, commodity, product, profession or service not located in a building,
suffers a partial destruction in excess of the value specified in Section 21 -01.03 (j) (k)
– Legally Established Nonconforming Signs of this Ordinance and such building, or
activity, business, entertainment, commodity, product, profession or service must be
removed and brought into compliance with the terms of this Ordinance, any sign or
sign structure located on the lot shall also be brought into compliance with the terms
of this Ordinance.
Section Xl. This Ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
Member of the Common Council
Attest•
,'�< ".A 6aA,—�
City Clerk
of Presented by me to the Mayor of the City of South Bend, Indiana on the 1 L-+ day
t)J-w 3w ,2013, at I I � t 1 o'clock__O�,_._m.
Approved and signed by me on the
at S *OU o'clock -t, m.
1st READING 10—( �—(3
PUBLIC HEARING
3 rd READING
NOT APPROVED
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CITY CLERK, SOUTH BEND, IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
59 -13 A BILL OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF
THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1, BASIC
PROVISIONS, TO ADD A NEW SUBSECTION RELATIVE
TO THE REZONING OF EXISTING STRUCTURES;
ARTICLE 2, RESIDENTIAL DISTRICTS TO REVISE STATE
SWIMMING POOL CODE REFERENCES; ARTICLE 4,
INDUSTRIAL DISTRICTS, TO REVISE SCREENING
REQUIREMENTS; ARTICLE 5 PLANNED UNIT
DEVELOPMENT, TO REVISE AN INCORRECT CITATION;
ARTICLE 7, GENERAL REGULATIONS, TO REVISE
CERTAIN LANDSCAPING REQUIREMENTS BETWEEN
RESIDENTIAL AND INDUSTRIAL USES, AND TO REVISE
INCORRECT CITATIONS
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.
This bill was heard by the Zoning & Annexation Committee
Karen L. White
Chairperson, Committee of the Whole
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
qARrP-APILAN COMMISSION OF ST. JOSEPH COUNTY, IN
777 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 IS 74) 735 -9571
October 1, 2013
Derek Deiter, President
South Bend Common Council
Fourth Floor, County -City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
RE: Area Plan Commission Initiated Petition to Amend Various Sections of the South Bend Zoning
Ordinance
Dear Mr. Deiter:
Attached is a proposed ordinance that was initiated by the Area Plan Commission. The purpose of this
ordinance is to change the requirements for variances on existing structures that are rezone; reduce
certain landscaping requirements; address multiple menu boards at drive throughs; and correct
incorrect citations.
I am requesting that the attached ordinance be placed on the October 14, 2013 Council agenda for
First Reading. The Area Plan Commission will hear this ordinance on October 15, 2013.
If you have any questions, please feel free to contact me.
Sincerely,
�� i B i , is
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Filed in Cleric's ®ffig;i:
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JOHN- VOOROE
CITY CLERK, SOUTH SEND, IN
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA, & ROSELAND
WW W. STf OSE YH C O V N TI IN D IA NA. C O M'Ar ,,.n
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571
Wednesday, October 16, 2013
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: An Ordinance initiated by the Area Plan Commission, amending Chapter 21 of the South Bend Municipal
Code, Article 1, Basic Provisions, to add a new subsection relative to the rezoning of existing structures;
Article 2, Residential Districts to revise state swimming pool code references; Article 4, Industrial Districts,
to revise screening requirements; Article 5 Planned Unit Development, to revise an incorrect citation; Article
7, General Regulations, to revise certain landscaping requirements between residential and industrial uses,
and to revise incorrect citations, City of South Bend - APC# 2683 -13.
Dear Council Members:
I hereby Certify that the above referenced ordinance of APC Initiated was legally advertised on Thursday, October
03, 2013 and that the Area Plan Commission at its public hearing on Tuesday, October 15, 2013 took the following
action:
Upon a motion by John DeLee, being seconded by Michael Mecham and unanimously carried, the
Ordinance initiated by the Area Plan Commission, amending Chapter 21 of the South Bend Municipal
Code, Article 1, Basic Provisions, to add a new subsection relative to the rezoning of existing
structures; Article 2, Residential Districts to revise state swimming pool code references; Article 4,
Industrial Districts, to revise screening requirements; Article 5 Planned Unit Development, to revise
an incorrect citation; Article 7, General Regulations, to revise certain landscaping requirements
between residential and industrial uses, and to revise incorrect citations, City of South Bend, is sent to
the Common Council with a favorable recommendation. The text amendments address certain changes
that are necessary to revise and clarify various sections of the South Bend Zoning Ordinance.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown
in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report.
Sincerely,
john W. Byorn4
14�v'�_
Attachment
SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND
w .sgosephcounrpndlana.wndAmaplan
Staff Report 9/30/2013
APC # 2683 -13
Owner: APC Initiated
Location: Text Amendment
Jurisdiction: City of South Bend
Public Hearing Date: 10/15/2013
Requested Action:
The requested action is a text amendment, amending various sections of Chapter 21 of
the South Bend Municipal Code.
Staff Comments:
The Ordinance updates the code by making the following changes:
*Adding provisions exempting existing structures from seeking setback variance when the
property has been rezoned. The buildings or structures would become legal nonconforming,
and would need to comply with all provisions going forward.
*Modifying outdoor storage screening requirements in industrial districts by not requiring to
buffer from adjacent industrial districts.
*Modifying the residential bufferyard landscaping table to reduce the type of
landscaping required from non - residential districts when separated from residential districts
by a street.
*Modifying the sign ordinance to allow one menu board per drive through.
*Correcting the swimming pool reference so that it matches the state code.
*Correcting incorrect citations in the PUD and sign ordinance sections.
Recommendation:
Based on information available prior to the public hearing the staff recommends that this
petition be sent to the Common Council with a favorable recommendation.
Analysis:
The text amendments address certain changes that are necessary to revise and clarify
various sections of the South Bend Zoning Ordinance.
APC # 2683 -13 Page 1 of 1