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HomeMy WebLinkAboutAmending Chapter 40 Zoning Adding Provisions Dealing with Mobile Home ParksORDINANCE No. 5292 -71 Passed by the Common Council of the City of South Bend, City Clerk Of Common Council Presented by me to the Mayor of the City of South Bend, May 11 -19-1-1- Clerk Approved and signed by TX[FACC PN[tl d�j&;)w PUDLISHINa CO. ORDINANCE NO. 5292 -71 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE, BEING ORDINANCE NO. 4990 -68, AS AMENDED, (FORMERLY ORDINANCE NO. 3702), BY ADDING PROVISIONS DEALING WITH MOBILE HOME PARKS* AS AMENDED. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That Section 40 -1 of the Municipal Code of the City of South Bend, Indiana, being section of Ordinance 4990 -68 as amended, (Sec. 1 of Ordinance No. 3702) be further amended by adding thereto the following additional definitions: MOBILE HOME: Any vehicle or portable structure designed for long -term occupancy, containing sleeping accoman0dation4 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 inci- dental unpacking and assembly operation, located on foundation supports, and is connected to external utilities and electrical system. MOBILE HOME LOT: A designated site within a mobile home park and /or subdivision for the exclusive use of the occupants of a single mobile home. MOBILE HOME PARK: A tract of land in single ownership which has been developed with all necessary facilities and services in accor- dance with a site development plan meeting all the requirements of this ordinance and which is intended for the express purpose of providing a satisfying living environment for mobile home residents on a long- term basis. MOBILE HOME SUBDIVISION: A parcel of land developed 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. SECTION II. That Section 40 -14 of the Municipal Code of South Bend, Indiana, being Section 2 of Ordinance 4990 -68 as amended, (Sec. 2 of Ordinance No. 3702) be further amended to read as follows: "In order to regulate and restrict the location of trades, callings, industries, commercial enterprises and the location of buildings designed for specified uses, the city is hereby divided into "Use Districts ", of which there shall be nine, known as: "A" Residence District "A -1" Residence District "B" Residence District "B -1" Residence District "C -1" Commercial District "C -2" Planned Shopping Center District "C" Commercial District "D" Light Industrial District "E" Heavy Industrial District "The city is hereby divided into the nine districts aforesaid, and the boundaries of such districts are shown upon the "use district map ". Such map and all the notations, references and other things shown thereon are hereby made a part of this chapter as if the matters and things set forth by such map were all fully described herein." SECTION III. That a new Section 40 -17.1 be added to the Municipal Code of the City of South Bend, Indiana, which would become Section 4A of Ordinance 4990 -68 (Section 4A of Ordinance No. 3702) reading as follows: "B -1" Residential District A. Intent. The intent of this section is: 1. To establish a residential district in which the uses and regulations are restricted to permit the development of mobile home parks and subdivisions, and 2. To permit the development of mobile home parks and subdivisions in a manner which protects and preserves property values of adjacent properties, and 3. To establish standards which will permit mobile home parks and subdivisions to become an asset to the community. B. Permitted Uses In the "B -1" Residential District no building, premises, or dwel- ling shall be used and no building or dwelling shall be erected, moved, structurally altered, or enlarged, which is intended or designed to be used in whole or in partforoderthan one or more of the following specified uses: 1. Mobile home park. 2. Mobile Home Subdivision. 3. Single family dwelling within a mobile home subdivision provided they meet all regulations adopted by the City of South Bend. 4. Accessory buildings customarily incidental to any of the uses permitted within this district. 5. Self- service laundry establishments, provided: a. Said use is located within a mobile home park and is so placed as to be intended only for the use of the residents within the park and shall not present any visible evidence of its commercial nature to areas outside the park. b. Signs identifying self- service laundry establishments shall be limited to one per establishment not to exceed two (2) square feet in size, not having direct lighting, and be for identification purposes only. C. There shall be two (2) improved off street parking spaces or one per three (3) principal operating machines, which- ever is greater. (2) 6. Entrance Signs provided: a. The lighting of every sign shall be indirect. b. The sign shall not be larger than ten (10) square feet. C. The sign shall not be placed in a manner which prevents good sight distance at entrances and exits. d. There shall be only one sign at any major entrance or exit. e. No sign shall be permitted in any required yard area or setback. 7. Customary agricultural uses, except farms operated for disposal of refuse, garbage, offal and furs, or farms which are to be operated for slaughter, pen feeding and stock raising. S. Service building and other community buildings for exclusive use of the residents of only the mobile home park. 9. No tractor - trailer combination vehicle or other truck or detached trailer in excess of 3/4 tons capacity may be parked upon any land or premises in a "B -1" Residential District. C. Mobile Home Park Design Requirements The following design standards shall be construed as minimum requirements for all mobile home parks. 1. Mobile home parks shall meet the requirements as set forth in the Indiana Mobile Home Parks Act of 1955, as amended and the Indiana State Board of Health Regulations (H. B. 304, Act 1955, Burns 1955 Cumulative Supplement, Section 35 -2841 to 35 -2881; as amended by H. B. 374, 404, Laws 1957). 2. Each mobile home lot shall be provided with water and sewage as determined by the aforestated Mobile Home Act, Section 13 and 14. Each lot shall also be connected to electricity. 3. Each mobile home lot shall be provided with submerged or hidden refuse containers which have tight sealing lids. 4. The minimum area of a mobile home park shall be ten (10) acres with a minimum of 200 feet of frontage on a major thoroughfare or have access to a major thoroughfare as approved by the Area Plan Commission. 5. The minimum area per mobile home lot shall be 4,000 square feet. 6. The minimum mobile home lot width shall be forty (40) feet except around cul -de -sacs where the minimum frontage accepted shall be twenty -five (25) feet provided that thirty (30) feet, on a radial, from the pavement edge the lot width is forty (40) feet. (3) 7. Except at established entrances and exits serving the mobile home park, a dense greenbelt of evergreen trees and /or shrubs, not less than six (6) feet high after one full growing season and which at maturity is not less than twelve (12) feet high, shall be located and effectively maintained at all times along the boundary of said mobile home park. 8. The mobile home park shall be adequately lighted as determined by the South Bend Board of Public Works. a. All lights shall be located and shielded in such a manner as to prevent direct illumination of sleeping areas and any area outside of the mobile home park. 9. The minimum distance between any mobile home and any other mobile home or structure shall be 10 feet at any one point and average at least 20 feet the entire length or width of each mobile home or structure. Each mobile home shall be at least 10 feet back from the edge of the pavement of a private roadway within the park and at least 20 feet from the property line of the mobile home park. 10. Each mobile home lot shall be provided with a foundation designed to support the maximum anticipated loads during all seasons and approved by the Building Commissioner. When solid concrete slabs are not used, the area between the foundation shall be filled with a four (4) inch layer of washed rock. 11. No Mobile Home Park Office, mobile home, service building or structure shall be closer to a public street right -a -way than 40 feet. 12. Off street parking must be provided to accommodate at least 1.5 vehicles per mobile home lot. There shall be conveniently located area(s) for visitor parking at a ratio of .5 spaces per lot with a minimum of 25 spaces provided per park. 13. All roads within a mobile home park must have a concrete or hot or cold bituminous concrete surface of at least 20 feet in width. a. Entrance roads must have a pavement width of at least thirty -four (34) feet. 14. No addition shall be made to a mobile home except a canopy and /or porch open on three sides or an addition made by the mobile home manufacturer. 15. At least two hundred and fifty (250) square feet per mobile home lot, not to include streets, parking areas, park service area and not a part of the mobile home lots, shall be provided in one or more locations on the premises for recreation purposes. The minimum of such a recreation area(s) shall be 20,000 square feet or the above whichever is greater. (4) D. 16. Each mobile home park shall be provided with either one central waterproof structure, with one space per lot, avail- able to all mobile home lots or a single waterproof structure on each mobile home lot suitable for storage of goods and the usual personal effects of persons occupying the mobile home park. 17. The mobile home park shall be designed so as not to increase the storm water run -off to adjoining property that will result from the development. 18. Concrete sidewalks, a width of four (4) feet minimum, shall be constructed and located in such a manner as to provide access from all lots to all common use areas in the park. Also, sidewalks must be provided from all entrances to mobile homes to adjacent streets and /or sidewalks. 19. All mobile homes and other portable structures shall be properly secured and anchored against the force of tornadic winds in accordance with the requirements of the South Bend Building Department. 20. There shall be sufficient off- street storage area for trailers, boats, etc., located in a common -use area in the park. 21. Each mobile home shall have properly attached to it a skirt or extention of adequate opaque non - flammable material, or any other material acceptable to the Building Commissioner, covering the opening from the bottom of the unit to the ground. Design Requirements for Mobile Home Subdivisions The following design standards shall be construed as minimum requirements for all mobile home subdivisions: 1. All mobile home subdivisions shall meet zoning requirements for the "A" Residential Use District and the "A" Height and Area District of the City of South Bend Zoning Ordinance. 2. All mobile home subdivision development must meet the procedural requirements and design standards of the City of South Bend Subdivision Ordinance No. 4563, as amended. 3. This section shall not prohibit the construction of dwelling units which meet the regulations concerned with dwelling units within South Bend, Indiana. 4. Consideration will be given to any developer who wishes to develop a Planned Unit Development and /or wishes to control his development with a Homes Association. 5. The minimum area of a mobile home subdivision shall be ten (10) acres with a minimum of 200 feet of frontage on a public street. 6. No more than one mobile home shall be placed on any one lot. 7. No mobile home with less than 500 square feet in a primary unit, exclusive of cabanas, shall be permitted on any lot in a mobile home subdivision. (5) E. Site Plan Reouirements 1. Preliminary or Sketch Plan. A preliminary or sketch plan shall be submitted with the zoning petition to indicate the petitioner's intent relative to the general land use and circulation arrangement and also show the following: a. A typical arrangement of lots along a street with dimensions. b. Tabulated data stating acreage of site, number of lots, density - -gross and net, percentage of land in open space, percentage covered (including walks, patios, roofs, streets, etc.) C. Dimensioned cross section of the entrance roads. d. Soil map. e. Location of adjacent streets and sanitary and storm sewers within one mile. 2. Final Development Plan. A final development plan shall be submitted within two (2) years of the date of the rezoning to B -1. No building permit shall be issued until a final development plan has been given approval by the Area Plan Commission and such approval marked or stamped on said plan with the Commission's seal of approval. The final development plan shall show the following: a. The proposed title of the project and the name of the engineer, architect, or landscape architect, and the developer. b. North point, scale and date. C. Existing zoning and zoning district boundaries. d. The boundaries of the property involved, all existing easements, section lines, and property lines, existing streets, buildings,.watercourses, waterways, or lakes, and other existing physical features in or adjoining the project. e. Topography of the project area. f. The location and sizes of sanitary and storm sewers, water mains, culverts, and other underground structures in or near the project. g. The location, dimensions, and character of construction of proposed streets, alleys, driveways, curb cuts, entrances and exits, loading areas, parking areas (includ- ing numbers of parking and loading spaces), outdoor lighting systems, storm drainage and sanitary facilities. h. The location and dimensions of proposed lots, setback lines, and easements. (6) i. Location with respect to each other and to lot lines of all proposed buildings and structures together with their height. j. Location, height, and material of all fences, wall, screen planting, and landscaping. k. Location and character of proposed uses. 1. Location, character, size, height and orientation of proposed signs. m. A tabulation of total number of acres in the project together with building area and coverage. 3. Development Schedule and Sta in The mobile home park shall be designed as a unified project but may be built in stages in accordance with a schedule approved by the Area Plan Commis- sion. If there is not substantial compliance with the approved schedule, the Common Council may, after expiration of a period of two years from the date of approval of the final development plan, study conditions and changes of conditions in the area and after report from the Area Plan Commission, the Common Council may, by ordinance, reduce or eliminate the district through normal rezoning procedures. 4. Amendment to Final Development Plan. Amendments or additions to the final development plan shall be submitted to the Area Plan Commission for their approval. No deviation from the originally approved plan shall be permitted unless approval for said amendment or addition is so noted on the final develop- ment plan with the Commission's seal. The Area Plan Commission may determine that an amendment or addition is of such a nature as to require a public hearing. 5. Additional Requirements by the Area Plan Commission or Common Council. Before recommending approval of a "B -1" district to the Common Council or during the review of the final development plan, the Area Plan Commission may make reasonable additional requirements as to landscaping, and maintenance thereof, lighting, signs, screening, accessway, curb cuts, traffic control, height of buildings, and setback of buildings. That Section 23, third and fourth paragraphs, of Zoning Ordinance No. 3702 of South Bend be amended so that the same shall be and read as follows: "A rezoning petition shall be on the form provided, available in the City Clerk's Office and all petitions for Use Districts other than "A ", "A- 1", "A -2", "B -1 ", and "C -2" and other than those originated by the Area Plan Commission, shall be accompa- nied by an overall site development plan showing, but not limited to: proposed land uses, number, type and location of buildings, building heights, open space allocations, on site parking provisions and parking ratio, streets, setbacks, buffer strips, landscape planting areas, tabulated data giving the proposed number and type of units, gross acreage, proposed land coverage, floor and land areas.by use. All petitions for rezoning to "B -1" Residential must meet the requirements of Section 4A , subsection E , of this ordinance." (7) "Rezoning to Use Districts other than "A" "A -1" and "A -2" "B -1" and "C -2" shall be accompanied by the data required herein and subject to the following procedure:" SECTION IV. That the following formal and technical changes necessitated by the foregoing addition be made to Chapter 40 of the Municipal Code of the City of South Bend, Indiana, being Ordinance No. 4990 -68, as amended (formerly Ordinance No. 3702): (a) That Section 40 -18, relating to "C -1" Commercial District, be re- numbered from Section 4 -A to Section 4 -B of Ordinance No. 4990 -68 (from Section 4 -A to Section 4 -B.of Ordinance No. 3702); (b) That Section 40 -19, relating to "C -2" Planned Shopping Center District, be re- numbered from Section 4 -B to 4 -C of Ordinance 4990 -68 (from Section 4 -B to Section 4 -C of Ordinance No. 3702). SECTION V. That this Ordinance shall be in full force and effect from and after its enactment, approval by the Mayor, and publication as required by law. 1st & 2nd READING 4 -27 -70 COMMITTEE OF THE WHOLE PUBLIC HEARING 5 -10 -71 3rd READING 5 -10 -71 NOT APPROVED REFERRED PASSED 5 -10 -71 Member �f the South Bend Common Council (8)